HomeMy WebLinkAbout12/10/2003 AGENDA PACKETB A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
December 5, 2003
HONORABLE MAYOR AND CITY COUNCIL
JOHN W. STINSO~, ~SISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - DECEMBER 10, 2003 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
PRESENTATIONS
Mayor Hell will present retirement plaques to Gene Bogart, Fred Lara, Bobby O. Mahaffey and
Estevan C. Silvas. There will also be presentation by Mayor Hall proclaiming January 7-14, 2004
as Architectural Awareness Week.
APPOINTMENTS
There will be one appointment each to the Fire Civil Service Board, Miscellaneous Civil Service
Board, Police Civil Service Board, and Kern Mosquito & Vector Control District.
CONSENTCALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be
highlighted include:
Ordinances:
Item 5q. First Readinq of Ordinance Amendinq the Municipal Code Relatina to Appointments to
Board of Zonina Adjustment CBZA). Currently, members of the BZA are appointed by the City
Council and serve three-year terms, which are staggered. Because of this, every year, a member
must be appointed or reappointed. This ordinance streamlines the process since the same
positions are designated each time, and provides that the Pubic Works, Building, and Economic
Development Directors are designated as the BZA members. Whoever holds those positions sits
on the BZA until they no longer hold the position. Additionally, the ordinance sets forth that the
alternate members of the BZA will be the Assistant Public Works and Assistant Building Directors,
and the Principal Planner assigned to Economic Development. If more than one Principal Planner
is assigned to Economic Development, the City Manager will designate the alternate.
Resolutions:
Item 5i. Resolution Adoptinq the Investment Policy of the City. This resolution places the City in
conformance with the California Government Code that requires staff to annually provide a
statement of investment policy for Council to consider. The only changes to the previously
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 10, 2003
PAGE 2
adopted policy are: 1) maximum maturity of bankers' acceptances is amended from 270 to 180
days; 2) maximum maturity of commercial paper is amended from 180 days to 270 days; and 3)
maximum pementage of the portfolio that can be invested in commercial paper is changed from
15% to 25%. These changes are required due amendments to State law.
Item 5i. Resolution Approvinq Development Plan Review for a Proposed Tentative Subdivision
Located on the South Side of Zephyr, between South Oswell Street and Sterlinq Road. This
subdivision contains 352 lots for purposes of single family development, one lot for a private park,
one lot for a retention basin, and private gated streets. The development plan was submitted in
conjunction with the approval of Vesting Tentative Tract Map No. 6232. On July 30, 2003, Council
approved a concurrent GPNZC which consisted of changing the land use map designation from R-
IA (Resource - Intensive Agriculture) to LR (Low Density Residential) and the zoning from an A
(Agriculture) to an R-l/PUD (One Family Dwelling/Planned Unit Development) on 81.10 acres.
Mitigation measures reducing impacts to less than significant levels have been included in the
conditions of approval. Since the proposal satisfies all required conditions and mitigation, the
Planning Commission has recommended that this development plan be approved.
Item 5k. Resolution Releasinq Lien Recorded on Real Property Located at 630 Kentucky Street.
The Bakersfield Redevelopment Agency has been acquiring properties in the Old Town Kern-
Pioneer Project Area for a multi-use project. The property at 630 Kentucky Street had a
dilapidated building on it that was ultimately torn down by the City. In 2001, a code enforcement
lien of $93,464 was authorized. In 2003, the Redevelopment Agency approved purchase of the
property for its appraised value of $36,000. Since the property is worth less than the liens against
it, and to facilitate the redevelopment project, it is recommended that the lien be forgiven.
Aqreements:
Item 5s. Park Land Acquisition Aqreement at Akers and McKee Road. A 12-acre park site has
been identified in the approximate vicinity located east of Akers Road and south of McKee Road.
The City currently owns 6-acres of the proposed 12-acre park site. The developers of the affected
tract are required, as a condition of approval, to dedicate 1.67 acres of park land and reserve 2.23
acres of park for acquisition by the City. The agreement specifies that San Joaquin Development
II, CLLC, dedicate the required park land and be paid $78,050 from the Park Improvement Fund for
the acquisition.
Item 5u. Reimbursement Aqreement with Bakersfield Redevelopment Aqency for Services
Relatina to International Sauare and the Termination of the Lease Aqreement with Union Pacific
Railroad. The City Council voted on November 19, 2003, to terminate the lease and return the
property to Union Pacific Railroad. Pursuant to the lease agreement, the City is responsible for
returning the property to the condition it was in when the lease was executed. This work,
conducted by City forces, will include the removal of the fencing, remove the cinder block wall on
the north side of the property, and remove all structures, any concrete foundations and all
landscaping. The Agency will be assisting the City by reimbursing for the costs of returning the
property to its pre-lease condition up to $30,000 from available Old Town Kern tax increment
funds.
Item 5v. Aoreement with Community Action Partnership of Kern (CAP of Kern) for the Purchase,
Rehabilitation and Sale of Affordable Housinq Units in the amount of $100,000. CAP of Kern is
requesting financial assistance up to $100,000 of Community Housing Development Organization
(CHDO) funds to pay for the acquisition of specific single-family affordable homes. They will
rehabilitate the homes and sell them to Iow-income, first-time home buyers. CAP of Kern will also
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 10, 2003
PAGE 3
expand their city-wide housing programs to include the construction of new homes and to provide
education and assistance to potential and actual home buyers.
Of the $100,000, CAP of Kern will utilize $75,000 as a revolving loan fund, which will allow them to
always have funds available to expand their program and be able to capitalize on opportunities to
secure properties for the program. The remaining $25,000 will be used for operating expenses.
Item 5x. Aqreement with Action Sports to Grant Sole and Exclusive Riaht to Ooerate Sportinq
Good Retail Sale Operations at the Aquatic and Ice Centers. This agreement between the City,
SMG and Action sports will provide hockey, swimming accessories and other retail items for the
public's purchase at both locations.
Item 5z. Amendment No. 2 to Aqreement No. CM03-014 for Animal Care Service with the County
of Kern. For the past several months, City and County staff members have been meeting to come
to agreement on a longer term mutually-beneficial contract relating to the combining of various
aspects of City and County animal control and care services. In the interim, the City and County
have entered in to two three-month short-term agreements for the provision of animal care
services, the second of which expires December 31, 2003. This agreement is the third of those
short-term agreements and would extend the agreement through Mamh 31, 2004. Meetings with
County staff are continuing.
Item 5cc. Amendment No. 1 to Aqreement No. 03-028 with Jim Alfter, Cement Contractor for
Additional Carrier Canal Repairs in the amount of $200,000 (for a total contract amount of
$266.000). As a result of the recent culvert pipe failure, an extensive review of the canal systems
took place. While the overall conditions are satisfactory, the stretch of the Carrier Canal located
between Oak Street and Golden State Highway is in need of repairs in the immediate future. It
would be prudent to take advantage of the current dry conditions of the canal to make these
repairs.
The annual budget for this item is approximately $50,000 per year. This item adds $200,000 to
the current annual contract amount. Kern Delta Water District has agreed to reimburse the City for
its appropriate share of this maintenance and canal liner repair costs.
Item 5dd. Contract Chanqe Order No. 4 to Aqreement No. 03-018 with S.C. Anderson, Inc. for th~
Bakersfield Ice Center in the amount of $85,970.46 (revised contract amount $5,545.569.63).
During construction, several issues arose which necessitated additional work primarily involving
HVAC modifications. These items are detailed in the administrative report. The contractor has
agreed to do this work for the lump sum price of $85,970.46. Adequate contingency funds are
available to cover these costs.
Bids:
Item 5ee. Award Contract to Central Valley Truck Center for 6 RePlacement and 3 Additional Side
Loadin(3 Automated Refuse Trucks for the Solid Waste Division in the amount of $1,706,426.87,
Reiect All Other Bids, and ADoroDriate $220,671 State Grant to the Equipment Manaqement Fund.
Four vendors responded with bids, however, only one, Central Valley Truck Center, met the
minimum requirements. A grant from the San Joaquin Valley Air Pollution Control District in the
amount of $220,671 has been approved to offset the cost of purchasing these LNG vehicles. The
balance is available in the Equipment Management Fund.
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 10, 2003
PAGE 4
Item 5hh. Award Contract tO Barnett Vandyne Construction, Inc. for Construction of the 2800
Acres Well Field Pipeline Extension for the Water Resources Department in the amount of
$466,129.30. This project will connect existing water wells in the City's 2800 acre recharge facility
via pipelines to the City's water main transmission for delivery of domestic water. Fourteen
acceptable bids were received. Staff recommends award to Barnett Vandyne Construction, Inc.
Item 5ii. Award Contract to California Commercial Pools, Inc. to Construct Martin Luther Kinq Jr.
Park Pool Rehabilitation in the amount of $730,000. Construction is scheduled to begin January
2004, with completion by the end of May. The project will include a rehabilitated pool with
underwater illumination, a shade structure and expanded restroom facilities. Two acceptable bids
were received. Staff recommends award to California Commercial Pools, Inc. Funding for this
project is provided by Community Block Grant Funds. Staff recommends transfer of $175,000
CDBG Business Loan Funds from the Operating Budget and Appropriate $100,000 Southeast
Project Area Funds balance to the Capital Improvement Project Budget.
Item 5ii. Reiect All Bids for Jefferson Park Pool Rehabilitation. Prior to advertising this project for
construction bidding, staff conducted pre-qualifications of general contractors for this project with
two contractors being approved to bid this project. This contract would have reconstructed
Jefferson Pool into two separate pools that would meet all current code requirements. Funding for
this project was to be provided by Park Improvement Funds and Community Block Grant Funds.
The one bid received is significantly higher than the Engineer's estimate of $1,150,000. Staff
recommends reevaluating this project and re-advertising it at a later date.
Item 511. Award Contract to Performance Electric Company for the Fire Station #1 Electrical
Renovation in the amount of $83,469. This project consists of removing and replacing old wiring
and distribution panels, reorganizing lighting to be more energy efficient and enhance the
operations of the fire station. This project will also supply the necessary 240 volt and 3 phase
power for other new equipment. Three responsible bids were received. Staff recommends award
to Performance Electric Company.
Item 5mm. Award Annual Contract to Jim Alfter Cement Contractor for HUD-Funded Concrete,
Construction in an amount not to exceed $359,000. This contract is used for construction of curbs,
gutters and sidewalks in areas of the City receiving HUD funding. Two acceptable bids were
received. Staff recommends award to Jim Alfter Cement Contractor.
Item 5nn. Award Consultant Contracts for 3 Sewer Improvement Proiects. Based on a
combination of Statements of Qualifications, fee proposals and oral presentations by five qualified
engineering firms, staff recommends that three design consultants each be awarded a City sewer
improvements project. These agreements are: 1) Meyer Civil Engineering, Inc. for Design
Services for Allen Road Sewer Improvements Project ($123,325); 2) Quad Knopf, lnc. for Design
Services for Stockdale Hwy Sewer Improvements Project ($106,000); and 3) Ruettgers & Schuler
Civil Engineers for Design Services for Planz Road Sewer Improvements Project ($274,000).
Miscellaneous:
Item 8oo. Aoorooriate $80.000 Gas Tax Fund Balance to the Capital Improvement Budqet for
Enaineerina Desian Services and Purchase of Sianal Eauioment for the Traffic Sianal and Liahtinq
Installation Project at Brimhall Road and Windsonq Street. This project consists of installing a
traffic signal lighting and interconnect system, pavement markings, signage, and sidewalk
installation at the intersection of Brimhall Road and Windsong Street. This appropriation will fund
the on-call consultant engineering design services for the design, bidding and construction
engineering phases of the project, as well as appropriate funding to purchase the project traffic
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 10, 2003
PAGE 5
signal equipment. Funds for the installation of the signal and lighting system will be requested in
the CIP budget for next fiscal year.
Item 8aq. Community Development Block Grant (CDBG) Action Plan Amendment No. 8 (FY
02/03). The proposed amendment will reallocate $142,000 of CDBG funds from FY 02/03 to
replace new playground equipment at Jefferson Park to the rehabilitation of the Jefferson Park
pool.
Item 8rr. Transfer the Issue of Park Fee Credit for Open Space in Multi-Family Projects with Fob~
or Less Units for Developer-Required Public Parkland from the Budqet and Finance Committee to
the Plannina and Development Committee. During the Council meeting of December 11, 2002,
Vice-Mayor David Couch referred the issue of park fee credit for open space in multi-family
projects with four or less units for developer-required public parkland to the Budget and Finance
Committee for review. Staff met with representatives from both the Building Industry Association
(BIA) and North Bakersfield Recreation and Park D str ct (NBRPD) on the issue At the November
24 Budget and F nance Corem ttee meeting, ~t was conc uded that t would be more appropriate
to transfer the issue to the Planning and Development Committee since that Committee is already
reviewing similar issues involving park fee credits. Therefore, the majority of the Committee, with
Councilmember Salvaggio absent, recommends transferring this issue to the Planning and
Development Committee.
WORKSHOP:
There will be a brief budget update given by Alan Tandy, City Manager.
CLOSED SESSION.'
There will be one closed session item, which will be a conference with legal counsel regarding
existing litigation.
CONTINUATION OF REGULAR MEETING - 7:00 p.m
HEARINGS
Item 9a. Public Hearinq to Consider Public Testimony on the Proposed Annexation of Inhabited
Territory called "Froelich Ranch". Located West of Allen Road, North of Palm Avenue. Property
owners within the neighborhood requested annexation information from City staff several months
ago. As a result of responses received from interest cards, a property owner contacted City staff
about hosting a neighborhood meeting. After the initial neighborhood meeting, a noticed
informational meeting was then held at a public facility, in accordance with the City's Annexation
Policy. After the meeting, the property owners expressed overwhelming support to proceed with
annexation of the neighborhood.
The next step in the Policy is to hold this public hearing to take testimony from the neighborhood to
determine their interest in annexation. Should support on the annexation continue from the
property owners of the neighborhood, staff would recommend that a Resolution of Application be
considered at the next regularly scheduled City Council meeting, in compliance with the City's
Annexation Policy.
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 10, 2003
PAGE 6
Item 9b. Issuance of Multi-family Housinq Revenue Bonds (not to exceed $30,000,000) by
California Statewide Communities Development Authority (TEFRA). This hearing was originally
scheduled for the November 5th Council meeting at which time it was continued to December 10,
2003. Subsequently, staff has received correspondence requesting to withdraw the hearing.
Item 9c. Resolution Approvina the Appeal and Adoptinq the Neaative Declaration and Approvinq
Vestina Tentative Parcel Map No. 11001 Located on the Southeast comer of State Route 17~3
(24th Street) and Oak Street. This proposed tentative parcel map consists of 6 parcels on 4.5
acres for purposes of office development, zoned C-O (Professional and Administrative Office
Zone). On October 16, 2003, the Planning Commission arrived at a split vote (3-3 tie) on this
project based on differing views of transportation impacts. By act of Law, the project was
therefore denied. The applicant has appealed the denial. Based upon an initial environmental
assessment, staff has determined the proposed project will not significantly affect the physical
environment and recommends approval.
Item 9d. Resolution Upholdinq the Decision of the Planninq Commission Approvinq Vestinq
Tentative Tract Map 6234 Located South of Reina Road, North of Norieqa Road and West of Old
Farm Road and the Neqative Declaration, Denvina the AoDeal by the Sierra Club. On October 16,
2003, the Planning Commission adopted a Resolution conditionally approving the Vesting
Tentative Tract. Gordon I. Nipp, of the Sierra Club filed an appeal on the grounds that cumulative
impacts to air quality and traffic are significant and that the environmental analysis of the impacts
of this project were inadequate.
Tract 6234 is a proposed phased subdivision consisting of 326 lots for the purpose of single family
residential development, a sump lot, and a 2.06 acre drill site on 100.02 acres. The City's Traffic
Engineer determined that a traffic study was not necessary for the proposed subdivision.
Cumulative impacts for buildout of the project were considered in the Metropolitan Bakersfield
General Plan Update (2002). The proposed project is covered by an Incidental Take Permit issued
as a result of the Metropolitan Bakersfield Habitat Conservation Plan approval. Compliance with
this permit and associated implementation agreement constitutes full mitigation for Federally
Protected Species, State Protected Species and Species of Concern. No separate biological
assessments are necessary for this project.
Staff recommends the Council uphold the Planning Commission's decision to approve the tract
with conditions and mitigation measures, adopt the Negative Declaration, and deny the appeal by
the Sierra Club.
Item 9e. Continued Public Hearina reaardinq Vestinq Tentative Tract Map 6191, Located on the
South Side of Paladino Drive, West of Morninq Drive. The City Council continued the public
hearing for this appeal from October 8, 2003 to November 5, 2003, then to December 10, 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.
Item 9f. General Plan Amendment/Zone Chanqe for 5 Acres Located Alonq the Northwest Corner
of Pro(]ress Road and Panama Lane. The City Council continued the public hearing for this matter
from November 5, 2003 to December 10, 2003. Staff recommended denial to the Planning
Commission because of concerns regarding potential incompatibility between future residential
uses and the existing concrete and asphalt batch plants. These batch plants present potential
HONORABLE MAYOR AND CITY COUNCIL
DECEMBER 10, 2003
PAGE 7
aesthetic, light, noise, traffic, and vibration impacts. Staff recommends upholding the Planning
Commission's decision to disapprove the project, and denying the appeal.
Item 9a. Mill Creek Project. This item includes three parts: 1) A resolution that approves the
project, its associated negative declaration, and a common use agreement with Kern Delta Water
District; 2) A resolution authorizing staff to apply for state grant funds; and 3) An agreement for
Common Use of Kern Island Canal with Kern Delta Water District. These items are independent of
each other and may be acted on separately or together.
The Mill Creek Project would transform the portion of the Kern Island Canal from Golden State
Avenue to California Avenue into a "natural" creek, with a walking path, public art, construction of a
replica mill, and creation of a pond in Central Park.
The length of the Mill Creek project, from Golden State to California Avenues, makes it unlike most
other park or recreation areas. Therefore, for description purposes, the project has been divided
into five separate segments, which are detailed in the administrative report. Sections one through
four are located within the Old Town Kern-Pioneer Redevelopment Area. Section five is located
within the Southeast Bakersfield Redevelopment Project Area.
Development of the Mill Creek Project would occur in phases over several years, based upon the
operations of the Kern Delta Water District and the securing of funds. Staff estimates the cost of
the Mill Creek Project to be approximately $10 million. No qeneral funds are anticipated for the
development of Mill Creek. Major funding would be provided from a $3 million grant from the
State of California Department of Parks and Recreation through the Urban Park Act of 2001.
Additional funds would be a combination of redevelopment, tax increment, federal funds through a
special Economic Development Initiative (EDI), transportation bike path funds, Community
Development Block Grant funds, park development fees, California Department of Water
Resources, the National Tree Trust, and other possible grant soumes. A maintenance district
would be created to generate funds for the maintenance of the proposed improvements.
While the City of Bakersfield would own the facilities constructed as part of the Mill Creek project, it
will not own any interest in the canal. The agreement maintains Kern Delta's rights, title, and
interest in and to the Kern Island Canal and its existing capability to transport water.
AT:JWS:al
cc: Department Heads
City Clerk's Office
News Media File
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF DECEMBER 10, 2003
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. PRESENTATIONS
a. Presentation by Mayor Hall of retirement plaques and gift certificates to Gene W.
Bogart, Fred Lara, Bobby O. Mahaffey, and Estevan C. Silvas.
b. Presentation by Mayor Hall of Proclamation to Arin D. Resnicke, Program Chair, 2003
AIAGE Design Awards Program, proclaiming January 7-14, 2004, as Architectural
Awareness Week.
3. PUBLIC STATEMENTS
4. APPOINTMENTS
a. Appointment to Fire Civil Service Board, due to the expiration of term of Mike L.
George, term expiring December 31, 2003.
Staff recommends Council determination.
b. Appointment to Miscellaneous Civil Service Board, due to the expiration of term of
Daniel L. Williams, term expiring December 31, 2003.
Staff recommends Council determination.
c. Appointment to Police Civil Service Board, due to the expiration of term of Steven C.
Anderson, term expiring December 31, 2003.
Staff recommends Council determination.
d. Appointment to Kern Mosquito & Vector Control District, due to the expiration of term
of Morris C. Mahlmann, term expiring December 31, 2003.
Staff recommends Council determination.
5. CONSENT CALENDAR
Minutes:
a. Approval of minutes of meeting of the November 19, 2003.
Payments:
b. Approval of department payments from November 7, 2003 to November 21, 2003 in
the amount of $6,919,089.97 and self insurance payments from November 7, 2003 to
November 21, 2003 in the amount of $209,150.55.
5. CONSENT CALENDAR continued
Ordinances:
(Ward 1)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-07 M-1 (Light Manufacturing) to MH
(Mobilehome) on five acres generally located along the south side of Wilson Road,
approximately 600 feet west of Union Avenue (GPA/ZC 03-0742). (First Reading
11/19/03)
(Ward4)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-20 from PCD (Planned Commercial
Development) to C-2 (Regional Commercial) zone on 16.86 acres located at the
northwest corner of Granite Falls Drive and Coffee Road (GPA/ZC 03-0774). (First
Reading 11/19/03)
(Ward 4)
Adoption of Ordinance approving the appeal and adopting the Negative Declaration
and amending Section 17.06.020 of Title 17 of the Municipal Code and Zoning Map
102-20 from a C-1 (Neighborhood Commercial) zone to a C-2 (Regional Commercial)
zone located at the southwest corner of Coffee Road and Riverlakes Drive (ZC 03-
0824). (First Reading 11/19/03)
(Wards 1,4)
First Reading of Ordinance amending Municipal Code Sections 1.12.010 and 1.12.040
by adding Annexation No. 442 to Ward I and Annexation No. 439 to Ward 4.
First Reading of Ordinance amending Section 2.28.090 of the Municipal Code relating
to Appointments to Board of Zoning Adjustment.
Resolutions:
(Wards 4,5)
Assessment District No. 03-3 (Seven Oaks West Ill/Brighton Place II/Fairways Oaks
South):
1. Resolution approving Boundary Map.
2. Resolution of Intention No. 1320.
Resolution accepting petition and determining to undertake special assessment
proceedings.
4. Agreement with Wilson & Associates for assessment engineering services.
5. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel for legal services.
Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel for legal
services.
7. Agreement with Launer & Associates for appraisal services.
i. Resolution adopting the Investment Policy of the City.
(Ward 1)
Resolution approving Development Plan Review for a proposed tentative subdivision
containing 352 lots for purposes of single family development, one lot for a private
park, a retention basin on 81.10 acres zoned R-l/PUD (One Family Dwelling-Planned
Unit Development) located on the south side of Zephyr, between Oswell Street and
Sterling Road. (Engineer - Mclntosh & Associates/Subdivider - ADH Corporation)
5. CONSENT CALENDAR continued
(Ward 2)
Resolution releasing lien recorded on real property located at 630 Kentucky Street
(APN 014-270-07).
Resolution determining that certain vehicles cannot be reasonably obtained through
the usual bidding procedures and authorizing the Finance Director to dispense with
formal bidding therefore, not to exceed $55,000.00 (two replacement vehicles for
Police Department).
(Wards 1,2)
Resolution confirming the approval by the Assistant to City Manager of the report of
the Chief Code Enforcement Officer regarding assessments of certain properties in the
City for which structures have been secured against entry or for the abatement of
certain weeds, debris and waste matter and authorize collection of the assessments
by the Kern County Tax Collector.
(Ward 4)
Resolution adding territory, Area 1-25 (Stockdale Allen NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
(Ward 1)
Resolution of Intention No. 1319 to add territory, Area 5-11 (Oswell, Zephyr NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
Agreements:
Agreement with Standard Middle School, a non-profit organization, to purchase fifty
(50) surplus computers and six (6) surplus printers from the City for $1.00 each, for a
total of $56.00.
(Ward 1,2,4,6,7) q.
Agreements to Indemnify LAFCO for the following uninhabited territories: City
Annexation No. 443, Proceeding No. 1363 located west of Jewetta Avenue,
approximately 3,000 feet north of Brimhall Road, and, at the southwest corner of
Bernard and Beale Avenue; City Annexation No. 445, Proceeding No. 1364 located
east of Gosford, north of McCutcheon Road; City Annexation No. 446, Proceeding No.
1365 located west of Oswell Street, south of State Route 58; City Annexation No. 448,
Proceeding No. 1366 located at the southeast corner of Coffee Road and Downing;
City Annexation No. 449, Proceeding No. 1369 generally located south of Panama
Lane, east of South Union Avenue.
(Wards 3,4,5,7) r. Tract Maps and Improvement Agreements:
Improvement Agreement with Castle & Cooke Commercial-CA, Inc., for Parcel
Map 10938 located west of Gosford Road and north of Harris Road.
Final Map and Improvement Agreement with California Life Style Homes, Inc.,
for Tract 5989 located north of Chase Avenue and east of Mesa Marin Drive.
Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield,
LLC, for Tract 5966 Unit 1 located west of Jewetta Avenue and north of
Meacham Road.
Final Map and Improvement Agreements with GMAC Model Homes Finance,
Inc. and Lennar of Bakersfield, LLC, for Tract 6156 Units 1 and 2 located south
of Pacheco Road and east of Buena Vista Road.
(Ward 6)
(Ward 1)
(Ward 2)
(All wards)
(Ward 2)
(Ward 2)
(Ward 6)
(Ward 2)
CONSENT CALENDAR continued
Z4
aa.
bb.
CC.
Park Land Acquisition Agreement for property located generally east of Akers Road
and south of McKee Road.
Agreement with San Joaquin Development II, CLLC, ($78,050.00) for
dedication of 1.67 acres of park land and acquisition of 2.23 acres of reserved
park land.
Appropriate $78,050.00 Park Improvement Fund Balance to acquire the
reserved park land.
Bakersfield Municipal Airport Ground Lease Agreement with George Sturges, Jr. for
purposes of constructing an aircraft storage hangar.
Reimbursement Agreement with Bakersfield Redevelopment Agency for services
relating to International Square and the termination of the lease agreement with Union
Pacific Railroad.
Agreement with Community Action Partnership of Kern (CAP of Kern) for the
purchase, rehabilitation and sale of affordable housing units in the amount of
$100,000.00.
Agreement with Jeff Ellis & Associates, Inc. for swim safety consulting, lifeguard and
swim instructor certifications, and pool audits, not to exceed $31,500.00.
Agreement with Action Sports to grant sole and exclusive right to operate sporting
goods retail sale operations at the Aquatic Center and Ice Center.
Amendment No. 3 to Agreement No. 00-174 ($50,000.00 for a revised total
compensation of $175,000.00) with T. W. Collins Associates for on-call inspection
services for various construction projects.
Amendment No. 2 to Agreement No. CM03-014 for animal care service with the
County of Kern.
Amendment No. 2 to Agreement No. 99-157 with Burlington Northern and Santa Fe
Railway Company (not to exceed $28,800.00) for the maintenance and operation of
the Bakersfield Amtrak Station track.
Amendment No. 1 to Consultant Agreement No. 02-019 with Carollo Engineers,
$7,500.00 (for total compensation clause not to exceed $98,800.00) for construction
support and special inspection services on the Wastewater Treatment Plant 3 -
Headworks Upgrade Project.
Canal Liner Repairs along Carrier Canal between Golden State Highway and Oak
Street.
Amendment No. I to Agreement No. 03-028 ($200,000.00, for a total amount
of $266,000.00) with Jim AIfter, Cement Contractor for additional canal liner
repairs.
4
(Ward 2)
(Ward 4)
(Ward 1)
(Ward 2)
(Ward 2)
CONSENT CALENDAR continued
dd.
Contract Change Order No. 4 to Agreement No. 03-018 with S. C. Anderson, Inc.
($85,970.46, for a revised amount of $5,545,569.63) for the Bakersfield Ice Center
Project.
Bids
ee.
Accept bid from Central Valley Truck Center ($1,706,426.87) for six (6) replacement
and three (3) additional side loading automated refuse trucks for Solid Waste Division
of Public Works, reject all other bids, and appropriate $220,671.00 State Grant to the
Equipment Management Fund.
Accept bid from Gibbs International Truck Centers ($102,267.17) for one (1) additional
knuckle boom trash loader truck with dump body for Solid Waste.
gg.
Accept bid from Applied Technology Group, Incorporated ($39,375.77) for Remote
Station SCADA (Supervisory Control and Data Acquisition) Radios (additional) for use
in the Street Maintenance Division of Public Works.
hh.
Accept bid from Barnett Vandyne Construction, Incorporated ($466,129.30) for
construction of 2800 acres well field pipeline extension for the Water Resources
Department.
ii. Martin Luther King Jr. Park Pool Rehabilitation:
1. Accept bid to award contract to California Commemial Pools, Inc.
($730,000.00) for Martin Luther King Jr. Park Pool rehabilitation.
Transfer $175,000.00 Community Development Block Grant (CDBG) Business
Loan Funds from the Operating Budget and appropriate $100,000.00
Southeast Project Area Fund balance to the Capital Improvement Project
Budget.
jj. Reject bid for Jefferson Park Pool Rehabilitation Project.
kk.
Extend bid from Rehrig Pacific, Inc. to purchase 3,254 blue carts for $129,126.86 for
the Solid Waste Division.
I1.
Accept bid to award contract to Pedormance Electric Company ($83,469.00) for Fire
Station No. 1 electrical renovation.
mm. Award annual contract to Jim Alfter Cement Contractor, not to exceed $359,000.00 for
HUD funded concrete construction.
(Ward 1,4)
(Ward 4)
(Ward 2)
(15 min)
CONSENT CALENDAR continued
nn,
Award consultant contracts for three (3) sewer improvement projects to the following
firms:
Consultant's Agreement ($123,325.00) with Meyer Civil Engineering, Inc. for
design services for Allen Road Sewer Improvements Project.
Consultant's Agreement ($106,000.00) with Quad Knopf, Inc. for design
services for Stockdale Highway Sewer Improvements Project.
Miscellaneous
Consultant's Agreement ($274,000,00) with Ruettgers & Schuler Civil
Engineers for design services for Planz Road Sewer Improvements Project.
OO,
PP.
Appropriate $80,000.00 Gas Tax Fund Balance to the Capital Improvement Budget for
engineering design services and purchase of signal equipment for the traffic signal and
lighting installation project at Brimhall Road and Windsong Street.
qq.
Appropriate $261,096.00 monies COPS grant revenue to the Police Department
Operating Budget in the General Fund for (8) eight additional police officers for the
Community Oriented Policing Services (COPS) In Schools program.
rr.
Community Development Block Grant (CDBG) Action Plan Amendment No. 8 (FY
02/03) for Jefferson Park Improvements.
Transfer the issue of park fee credit for open space in multi-family projects with four
or less units for developer required public parkland from the Budget and Finance
Committee to the Planning and Development Committee.
Staff recommends adoption of Consent Calendar items a through rr.
6. WORKSHOP
a. Budget Update (Staff presentation by City Manager Alan Tandy)
7. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9, City v. SPCA, et al.
REGULAR MEETING - 7:00 p.m.
2.
3.
4.
INVOCATION by Reverend Johnny R. Johnson, Ail Saints Episcopal Church.
PLEDGE OF ALLEGIANCE by Zoee Harber, Kindergarten Student, Country Christian School.
ROLL CALL
CLOSED SESSION ACTION
9.
(Ward 4)
(Ward 3)
(Ward 2)
(Ward 4)
(Ward 3)
PRESENTATIONS
WORKSHOP - item was conducted at 5:15 pm portion of meeting, if time a/lowed.
PUBLIC STATEMENTS
CONSENT CALENDAR- see items at 5:15 pm portion of meeting.
HEARINGS
Public hearing to consider public testimony on the proposed annexation of inhabited
territory to the City of Bakersfield called "Froelich Ranch", property identified as
Annexation No. 455 located west of Allen Road, north of Palm Avenue. (Staff comments
by Assistant City Manager Alan Christensen.)
Staff recommends receipt of testimony and to bring back a Resolution of Application for
adoption on January 14, 2004.
Continued public hearing to consider issuance of Multi-family Housing Revenue Bonds
(not to exceed $30,000,000.00) by the California Statewide Communities Development
Authority (TEFRA).
Staff recommends cancellation of the hearing.
Resolution approving the appeal and adopting the Negative Declaration and approving
Vesting Tentative Parcel Map No. 11001 located on the southeast corner of State Route
178 (24t~ Street) and Oak Street. (Engineer - Mclntosh & Associates/Subdivider -
Berkshire Properties, Inc.) (Staff comments by Development Services Director Jeck Hardisty.)
Staff recommends adoption of resolution approving the appeal, adopting the Negative
Declaration and approving Vesting Tentative Parcel Map No. 11001.
Resolution upholding the decision of the Planning Commission approving Vesting
Tentative Tract Map 6234 located south of Reina Road, north of Noriega Road and west
of Old Farm Road and the Negative Declaration, denying the appeal by the Sierra Club
(Engineer - SmithTech USA, Inc.;Property OwnedSubdivider - Jim Gardiner). (Staff
comments by Development Services Director Jack Hardisty.)
Staff recommends adoption of resolution upholding the Planning Commission's decision
approving the Negative Declaration and Vesting Tentative Tract Map 6234 and denying the
appeal
Continued public hearing to consider 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; Steve Blumer,
Developer) located on the south side of Paladino Drive, west of Morning Drive. (Staff
comments by Development Services Director Jack Hardisty.)
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 5)
(Wards 1,2)
HEARINGS continued
Continued Public Hearing to consider a 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. (Staff
comments by Development Services Director Jack Hardisty.)
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.
Resolution adopting the Negative Declaration, upholding the Planning
Commission's disapproval of the requested R-1 (One Family Dwelling) and
denying the appeal for an R-1 zone.
Staff recommends adoption of resolutions.
Public Hearing to consider Mill Creek Project (Staff comments by Principal Planner David
Lyman):
10.
11.
12.
13.
14.
Resolution approving the Mill Creek Project, associated negative declaration, and
a common use agreement with Kern Delta Water District.
Resolution approving the Application for Grant Funds for the Urban Park Act of
2001 Program under the California Clean Water, Clean Air, Safe Neighborhood
Parks and Coastal Protection Act of 2002 for the Mill Creek Project.
Common Use Agreement with Kern Delta Water District for use of Kern Island
Canal.
Staff recommends conducting hearing and adopting resolutions and agreement.
REPORTS
DEFERRED BUSINESS
NEW BUSINESS
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
pi
12/04/03 8:22 am
Respectfully submitted,
Alan Tandy
City Manager
DRAFT
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
NOVEMBER 19, 2003
City Council Chamber, City Hall, 1501 Truxtun Ave.
Pre-Meeting 5:15 p.m., Regular Meeting 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson Benham, Maggard, Hanson, Sullivan (seated
at 5:25), Salvaggio
Absent: Hanson
2. PRESENTATIONS
Presentation by Rhonda Smiley, Office Administrator/Public
Relations to department winners of the 2003 Excellence in
Action Awards and the Extra Mile Award in recognition of
outstanding service to the City of Bakersfield. Recipients are
Gena Brown, Fire Department; Ed Dorsey, Centennial
Garden; Darlene Wisham, Finance; Jim Movius, Development
Services; Jenny Estes, City Attorney; Rachel Meek, Police
Department; David Paquette, Animal Control/Development
Services (Extra Mile Award winner); Holly Larson, Recreation
and Parks; Joe B. Gonzales, Recreation and Parks; Patricia
Richter, EDCD; Pete Martin, Public Works; Donald Ray
Whitmore, Sr., Water Resources; Mike Conner, PublicWorks;
Martin Willey, Police Department; and Chris Bowles, Fire
Department.
3. PUBLIC STATEMENTS
None.
4. APPOINTMENTS
Appointment of Economic Development Director as regular
member and Principal Planner as the alternate member to the
Board of Zoning Adjustment, terms expiring December 1,
2003.
Motion by Vice-Mayor Couch to appoint theEconomic
Development Director as a regular member and Principal
Planner as the alternate to the Board of Zoning Adjustment.
APPROVED
AB HANSON,
SULLIVAN
Bakersfield, California November 19, 2003 - Page 2
CONSENT CALENDAR
Minutes:
a. Approval of minutes of meeting of the November 5, 2003.
Payments:
Approval of department payments from October 24, 2003 to
November 6, 2003 in the amount of $7,269,638.91 and self
insurance payments from October 24, 2003 to November 6,
2003 in the amount of $159,023.84.
Ordinances:
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.
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 located generally south of McKee
Road, between Wible Road and State Highway 99 (ZC 03-
0341 ).
Resolutions:
e. Brimhall Planned Sewer Area:
Resolution adopting the Brimhall Planned Sewer Area
and making findings thereto.
Adoption of Ordinance amending Section 16.32.060
of the Municipal Code relating to sewer facilities.
ACTION TAKEN
ORD 4157
ORD 4158
RES 202.03
ORD 4159
Bakersfield, California November 19, 2003 - Page 3
CONSENT CALENDAR continued
f. Changes to Salary Schedule and New/Revised Job
Specifications:
Amendment No. 7 to Resolution No. 046-02 approving
Memorandum of Understanding for employees of the
Blue and White Collar Units and adopting salary
schedule and related benefits for Animal Control
Officer.
2. New Job Specification for Animal Control Officer.
Revised Job Specifications for Building Inspector III -
Generalist, Building Inspector III - Electrical Specialist,
Building Inspector III - Plumbing and Mechanical, and
Wastewater Treatment Plant Lab Technician.
Resolution terminating Agreement No. 99-242/RA99-2 to use
Tax Increment Revenue to reimburse the City for up to
$275,000.00 for costs associated with the replacement and
installation of street lights on Baker Street between Highway
178 and Truxtun Avenue.
Resolution adding territory, Area 3-24 (Panama, Stine SW) 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.
i. Emergency Repairs required at four Carrier Canal Crossings:
Resolution dispensing with bidding procedures due to
emergency repairs required at the four Carrier Canal
Crossings, not to exceed $1,700.000.00 (initial
estimates only).
Appropriate $1,700,000.00 (initial estimate of costs)
Sewer Enterprise Fund loan to the Agriculture Water
Fund's Capital Improvement Budget.
Resolution of Intention No. 1253 to add territory, Area 1-25
(Stockdale, Allen NE) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
Public Works Director's Report.
ACTION TAKEN
RES O46-02(?)
RES 203-03
RES 204-03
REMOVED FOR
SEPARATE
CONSIDERATION
ROI 1253
Bakersfield, California November 19, 2003 - Page 4
CONSENT CALENDAR continued
Agreements:
Agreement with Bakersfield Senior Citizen Center for
$50,000.00 of FY 2003-04 Community Development Block
Grant (CDBG) funds for operational expenses at the Center,
530 4"~ Street.
Agreement with Bethany Services for $51,000.00 Emergency
Shelter Grant (ESG) funds to support the operating costs
necessary to continue services at the Bakersfield Homeless
Shelter, 1600 East Truxtun Avenue.
Agreement with Bakersfield Rescue Mission for $51,000.00
Emergency Shelter Grant (ESG) funds to support the
essential services and operating costs necessary to continue
services at the Bakersfield Rescue Mission, 830 Beale
Avenue.
n. Bakersfield Municipal Airport Ground Leases:
Ground Lease Agreement with Omdahl Harvesting,
Inc. (Dan Lamb) for purposes of constructing an
aircraft storage hangar at the Bakersfield Municipal
Airport.
Ground Lease Agreement with Omdahl Harvesting,
Inc. (L. Keith Lamb) for purposes of constructing an
aircraft storage hangar at the Bakersfield Municipal
Airport.
Ground Lease Agreement with Charles Douglas for
purposes of constructing an aircraft storage hangar at
the Bakersfield Municipal Airport.
o. Material Grinding at the Mount Vernon Recycling Center:
Agreement with JWR, not to exceed $100,000.00, to
grind greenwaste material at the Mount Vernon
Recycling Center.
Appropriate $30,000.00 County share and $70,000.00
Solid Waste Enterprise Fund balance to the Operating
Budget.
ACTION TAKEN
AGR 03-320
AGR 03-321
AGR 03-322
AGR 03-323
AGR 03-324
AGR 03-325
AGR 03-326
Bakersfield, California November 19, 2003 - Page 5
CONSENT CALENDAR continued
Memorandum of Understanding with North Bakersfield
Recreation and Parks District for use of two (2) lighted fields
at the 40 acre park at Stockdale Highway and Buena Vista
Road.
q. Southeast Infill Housing Targeted Area:
Agreement regarding acquisition of property for
construction of affordable housing with Southeast
Bakersfield Community Neighborhood Housing
Development Group, not to exceed $10,000.00 of
Community Development Block Grant (CDBG) funds.
Agreement regarding acquisition of property for
construction of affordable housing with D.O.D.
Development, not to exceed $10,000.00 of
Community Development Block Grant (CDBG) funds.
Agreement to indemnify LAFCO for City Annexation No. 441,
Proceeding 1362, uninhabited territory located west of Allen
Road, generally north of Noriega Road.
s. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreement with Almond
Tree Village for Tract 6164 Phase 2 located west of
Monitor Street and south of Berkshire Road.
Final Map and Improvement Agreements with
Hampton Place, LP, for Tract 6007 Unit 3 located
south of Palm Avenue and west of Allen Road.
Final Map and Improvement Agreements with
Parkside 88 and Elmer F. Karpe, Inc., for Tract 6018
located north of Hageman Road and west of Coffee
Road.
Final Map and Improvement Agreement with D.R.
Horton Los Angeles Holding Company for Tract 6107
Phase 3 located north of Hageman Road and east of
Calloway Drive.
Final Map and Improvement Agreements with San
Joaquin Development Group II, LLC, for Tract 6152
Phase I located south of McKee Road and west of
Wible Road.
ACTION TAKEN
AGR 03-327
AGR 03-328
DEED 5984
AGR 03-329
DEED 5985
AGR 03-330
AGR 03-33t
AGR 03-332
AGR 03-333
AGR 03-334
AGR 03-335
AGR 03-336
AGR 03-337
AGR 03-338
Bakersfield, Califomia November 19, 2003 - Page 6
CONSENT CALENDAR continued
Item 5.s. continued
Final Map and Improvement Agreements with
Bakersfield Avalon, LLC, for Tract 5968 Phase 4
located south of Olive Drive and east of Old Farm
Road.
Final Map and Improvement Agreements with Harry
Hardy for Tract 5944 Phase 3 located south of McKee
Road and west of Akers Road.
Final Map and Improvement Agreements with McMillin
South San Lauren, LLC, for Tract 6042 Phases 1 and
2 located south of Krebs Road and west of Mohawk
Street.
Amendment No. 1 to Agreement No. 02-061 with Centennial
Center, LLC for leased space at 900 Truxtun Avenue.
Amendment No. I to Agreement No. 02-089 with Maranatha
Corporation to extend the project completion date for the
Southeast Infill Housing Project to June, 2004, and enlarge
the targeted area boundaries up to Union Avenue.
Amendment No. 2 to Agreement No. 03-044 with Meyer Civil
Engineering, Inc., ($30,000.00, for a total compensation not
to exceed $80,000.00) for improvement plan checking
engineering services.
Amendment No. 1 to Agreement No. 03-154 with Naffa
International for $50,000.00 for commercial plan check
services for a revised contract amount of $110,000.00.
Correction of August 27, 2003 Agenda item s. to reflect
appropriate developer, Parkside 88, named in Agreement No.
03-245 for the construction of road connection to Coffee Road
from Tract 6018.
ACTION TAKEN
AGR 03-339
AGR 03-340
AGR 03-341
AGR 03-342
AGR 03-343
AGR 03-344
A GR 03-345
AGR 03-346
AGR 02-061(1)
AGR 02-089(1)
DEED 5986
AGR 03-044(2)
AGR 03.154(1)
Bakersfield, California November 19, 2003 - Page 7
CONSENT CALENDAR continued
Bids:
Construction of Parking Lot Expansion at P Street and 14~
Street:
Accept bid to award contract to Griffith Company
($385,000.00) for the project.
Appropriate $165,000.00 Offstreet Parking Lot Fund
balance to the Capital Improvement Budget.
Accept bid to award contract to Granite Construction
Company ($345,834.00) to construct Chester Avenue
Streetscape project from 34~h Street to West Columbus Street.
aa.
Accept bid from Downtown Ford Sales ($197,982.43) for ten
(10) replacement pickup trucks [Public Works Streets Division
(5), Construction Engineering (2), Fire (1), Police (1),
Recreation and Parks (1)].
Miscellaneous:
bb.
Appropriate $179,635.00 in Code Enforcement Grant
Program Funds (CEGP) to the Building Division Operating
Budget and transfer $99,160.00 to the Equipment Fund for
vehicles.
cc. Bakersfield Rescue Mission:
Community Development Block Grant (CDBG) Action
Plan Amendment No. 1 (FY 03/04).
Motion by Vice-Mayor Couch to approve Consent Calendar items
5.a. through 5. cc. with the removal of item 5.i. for separate
consideration.
i. Emergency Repairs required at four Carrier Canal Crossings:
Resolution dispensing with bidding procedures due to
emergency repairs required at the four Carrier Canal
Crossings, not to exceed $1,700.000.00 (initial
estimates only).
Appropriate $1,700,000.00 (initial estimate of costs)
Sewer Enterprise Fund loan to the Agriculture Water
Fund's Capital Improvement Budget.
ACTION TAKEN
AGR 03-347
AGR 03-348
APPROVED
AB HANSON
RES 205-03
Bakersfield, Califomia November 19, 2003 - Page 8
CONSENT CALENDAR
Motion by Councilmember Benham to approve the item.
WORKSHOP
a. Presentation regarding ~Mill Creek", a conceptual 1.5 mile
linear park along the Kern Island Canal.
David Lyman, Principal Planner, made staff presentation and
provided handouts.
CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed
Session pursuant to subdivision (c) of Government Code
Section 54956.9. Two (2) potential cases.
ACTION TAKEN
APPROVED
AB HANSON
Motion by Vice-Mayor Couch to recess to Closed Session at 5:55
p.m.
Motion by Couch to recess from Closed Session at 6:34 p.m.
APPROVED
AB HANSON
APPROVED
AB HANSON
REGULAR MEETING
1. INVOCATION by Reverend Ezra Turner, Pleasant View Baptist
Church.
2. PLEDGE OF ALLEGIANCE by Austin Matson, 6th Grade Student at
Stiern Middle School and Ryan Sanders, 4~ Grade Student at
Berkshire Elementary School.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Sullivan, Salvaggio
Absent: Hanson
Motion by Councilmember Benham to Move New Business item
12.a. forward on the agenda, to be heard after Public Statements.
APPROVED
AB HANSON
Bakersfield, California November 19, 2003 - Page 9
CLOSED SESSION ACTION
Conference with Legal Counsel - Potential Litigation; Closed
Session pursuant to subdivision (c) of Government Code
Section 54956.9. Two (2) potential cases.
WORKSHOP
Item concluded at the 5:15 p.m. portion of the Council meeting.
Special Recognition:
Vice-Mayor David Couch presented a Council proclamation to
Cou ncilmember Salvaggio commemorating his attainment of eighteen
plus years on the Bakersfield City Council, making him the longest
serving member of the Council in the City's history.
Mayor Hall presented Counciimember Salvaggio with a Key to the
City.
PUBLIC STATEMENTS
a. Audrey Chavez spoke regarding World Aids Day.
Ben Stinson, Roy Malahowski, Frank Isaacs, Ramona Bonner
(provided written material), David Wiley, Karl Lyon spoke
regarding International Park.
Councilmember Benham requested an extension to the fifteen minute
per subject time limit in order to permit all persons wishing to speak
regarding International Park an opportunity to be heard.
Jackie Ruffin, Bill Underwood, Mary McCabe, Walter Williams
(provided written material), Mona Twocats (provided written
material), Marie Tapp, Louis Gill director of Bakersfield
Homeless Center, and Daniel Gorman director of the
Bakersfield Rescue Mission spoke regarding International
Park.
ACTION TAKEN
DIREC~ON TO
STAFF
NO
REPORTABLE
AC~ON
Lease cancellation and closure of International Square.
Correspondence was received from Jerry Randall, CBIZ
Accounting Tax & Advisory Services, in favor of closing of
International Square.
Councilmember Sullivan, chairperson of the Community
Services Committee made comments.
12.
Bakersfield, California November 19, 2003 - Page 10
NEW BUSINESS continued
Motion by Councilmember Sullivan to cancel the lease and
return the land to the railroad.
Amended motion by Councilmember Sullivan to cancel the
lease, return the land to the railroad using CDBG funds, to be
repaid via tax increment, and fund removal of improvements
from the property prior to return to the railroad.
Recess from 9:20 p.m. to 9:30 p.m.
CONSENT CALENDAR
Item concluded at the 5:15 p.m. portion of the Council meeting.
HEARINGS
General Plan Amendment/Zone Change 03-0742; Dick Carr
has proposed a General Plan Amendment on 5 acres along
the south side of Wilson Road, approximately 600 feet west
of Union Avenue.
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change
land use designations from LI (Light Industrial) to LMR
(Low Medium Density Residential) on 5 gross acres.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-07 M-1 (Light
Manufacturing) to MH (Mobilehome) and approving
three modifications to the zoning ordinance for
building setbacks, landscaping locations and tandem
parking on 5 gross acres.
Staff comments by Development Services Director Hardisty.
Hearing opened at 9:31 p.m.
No one spoke.
Hearing closed at 9:32 p.m.
ACTION TAKEN
NAT
APPROVED
NS SAL VAGGIO
AB HANSON
RES 206-03
FR
Motion by Councilmember Carson to adopt the Resolution and APPROVED
give First Reading to the Ordinance. AB HANSON
Bakersfield, California November 19, 2003 - Page 11
HEARINGS continued
General Plan AmendmentJZone Change No. 03-0745; Castle
and Cooke California, Inc. is appealing the Planning
Commission's denial of a proposal to designate and zone the
southeast corner of Stockdale Highway and Buena Vista
Road for office development and move the existing multi-
family residential designation and zoning the northwest corner
of Stockdale Highway and Jewetta Avenue.
Resolution approving the Negative Declaration and
denying the General Plan Amendment to change land
use designation from LR (Low Density Residential) to
HR (High Density Residential) on 20.56 acres located
at the northwest corner of Stockdale Highway and
Jewetta Avenue and HR (High Density Residential) to
CC (Office Commercial) on 23.94 acres located at the
southeast corner of Stockdale Highway and Buena
Vista Road.
First Reading of Ordinance adopting the Negative
Declaration and denying the proposed amendment to
Title 17 of the Municipal Code and Zoning Map Nos.
101-36, 122-01, and 123-06 to change the zoning
from R-1 (One Family Dwelling) to R-3 (Limited
Multiple Family Dwelling) on 20.56 acres located at
the northwest corner of Stockdale Highway and
Jewetta Avenue and R-3 (Limited Multiple Family
Dwelling) to C-O (Professional and Administrative
Office) on 23.94 acres located at the southeast corner
of Stockdale Highway and Buena Vista Road.
Staff comments by Development Services Director Hardisty.
Hearing opened at 9:38 p.m.
Bruce Freeman, Castle & Cooke California, Ernest Rice,
Colliers Tingley International, Scott Zieman, Marian Scott,
Bakersfield Christian High School, Joe Colombo and Chris
Aldred spoke in opposition to the staff recommendation.
Vice-Mayor Couch reviewed the conditions as outlined by
correspondence received from Castle & Cooke.
ACTION TAKEN
RES 207-03
FR
Hearing closed at 9:59 p.m.
Bakersfield, California November 19, 2003 - Page 12
HEARINGS continued
Item 8.b continued
Motion by Vice-Mayor Couch to adopt the Resolution,
give First Reading to the Ordinance, uphold the appeal
and approve the General Plan Amendment/Zone Change,
with conditions as referrenced
General Plan AmendmentJRiverlakes Ranch Specific Plan
AmendmentJZone Change 03-0774; Gregory D. Bynum, on
behalf of Granite Falls, LLC, has proposed a General Plan
Amendment on 16.86 acres located at the northwest corner
of Granite Falls Drive and Coffee Road.
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change
land use designation from MC (Major Commercial)
to GC (General Commercial) on 16.86 acres.
Resolution approving the Negative Declaration and
adopting the Riverlakes Ranch Specific Plan
Amendment consisting of changes to the text and
the Land Use Map from MC (Major Commercial) to
GC (General Commercial) on 16.86 acres,
First reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 102-20 from PCD
(Planned Commercial Development) to C-2
(Regional Commercial) zone on 16.86 acres.
Staff comments by Development Services Director
Hardisty.
Hearing opened at 10:06 p.m.
Roger Mclntosh, representing Greg Bynum and Associates
spoke in favor of the staff recommendation.
Hearing closed at 10:06 p.m.
ACTION TAKEN
APPROVED
AB HANSON
RES 208-03
RES 209-03
FR
APPROVED
Motion by Vice-Mayor Couch to adopt the Resolution AB HANSON
and give first reading to the Ordinance.
Bakersfield, California November 19, 2003 - Page 13
HEARINGS continued
General Plan Amendment 03-0836; the City is proposing to
amend the text of the Land Use Element of the Metropolitan
Bakersfield General Plan for the OS-S (Open Space-Slopes)
land use designation to clarify that the land use and intensity
permitted in the OS-S land use designation is consistent with
the zone district for each individual pamel designated OS-S.
Resolution making findings, approving the text
amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan for the OS-S
(Open Space-Slopes) land use designation. (GPA
No. 03-0836)
Staff comments by Development Services Director
Hardisty.
Hearing opened at 10:09 p.m.
No one spoke.
Hearing closed at 10:09 p.m.
Motion by Vice-Mayor Couch to adopt the Resolution.
First Reading of Ordinance approving the appeal and
adopting the Negative Declaration and amending Section
17.06.020 of Title 17 of the Municipal Code and Zoning
Map 102-20 from a C-1 (Neighborhood Commercial) zone
to a C-2 (Regional Commercial) zone located at the
southwest corner of Coffee Road and Riverlakes Drive (ZC
03-0824).
Staff comments by Development Services Director
Hardisty.
Hearing opened at 10:13 p.m.
Roger Mclntosh, Mclntosh & Associates spoke on behalf of
Riverlakes Investments in favor of the staff
recommendation.
Hearing closed at 10:18 a.m.
Motion by Vice-Mayor Couch to approve the staff
recommendation.
ACTION TAKEN
RES 210-03
APPROVED
AB HANSON
FR
APPROVED
AB HANSON
ABSMAGGARD
o
10.
11.
12,
Bakersfield, California November 19, 2003 - Page 14
HEARINGS continued
f. Continued public hearing to consider 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; Steve Blumer, Developer) located on the south side
of Paladino Drive, west of Morning Drive.
Correspondence was received from Darcy Larman on behalf
of Porter Robinson requesting the hearing be continued to the
December 10, 2003 Council Meeting.
Staff comments by Development Services Director Hardisty.
Hearing m-opened at 10:26 p.m.
Motion by Councilmember Maggard to continue the hearing to
the December 10, 2003 Council meeting.
REPORTS
None.
DEFERRED BUSINESS
None.
NEW BUSINESS
None.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff provide assistance to
a citizen regarding a restraining order.
Councilmember Carson made comments regarding the homeless.
Councilmember Sullivan welcomed Ginny Gennaro as City
Attorney.
Councilmember Sullivan noted the 140~h anniversary of the
Gettysburg Address.
Councilmember Salvaggio thanked Darnell Haynes, the Police
Department and Lt. Tim Taylor for continued law enforcement
regarding off-mad vehicles in the Panama Lane, South H Street,
Hosking Road, Berkshire Road area.
ACTION TAKEN
APPROVED
AB HANSON
12.
Bakersfield, California November 19, 2003 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Salvaggio thanked Police for law enforcement
efforts in the Loyalton/Castleford area and requested those
efforts continue; additionally staff is to assist in establishing a
Neighborhood Watch Program in the area.
Councilmember Salvaggio requested Public Works provide
Council with an update on the status of the projected
completion of the project at White Lane and Highway 99.
Councilmember Salvaggio reminded staff to perform the study
regarding moving the stop light at Monitor and Panama
to the intersection of Monitor and Berkshire.
Councilmember Salvaggio requested staff assist a citizen
regarding allegations of child abuse against her grandson.
Councilmember Salvaggio thanked Council for the Proclamation
honoring him for time served on the City Council; the Mayor for the
Key to the City, and the congratulatory emails from City Manager
Tandy, Public Works Director Rojas and Vice-Mayor Couch.
Vice-Mayor Couch expressed than ks to Police for traffic enforcement
in the Brimhall area.
Vice-Mayor Couch requested Police provide increased
enforcement of speed limits on interior streets near Mondavi and
Harvest Creek, south of Brimhall near the school.
Vice-Mayor Couch requested staff analyze the traffic situation at
Coffee and Truxtun in order to reduce morning and evening
traffic congestion.
Vice-Mayor Couch staff investigate placing amber colored lights
in crosswalks.
Vice-Mayor Couch requested staff respond to an email request
for a stop sign.
Vice-Mayor Couch requested staff evaluate striping of the third
lane of Hageman in the Centennial High School area.
Vice-Mayor Couch requested staff address a letter from Rich
O'Neil regarding renaming Rio Vista Park.
Vice-Mayor Couch requested Council, with staff assistance,
address the issue of air mitigation on a citywide basis.
Vice-Mayor Couch complimented City administrators for being
proactive regarding budgetary cuts.
ACTION TAKEN
14.
Bakersfield, California November 19, 2003 - Page 16
ADJOURNMENT
Mayor Hall adjourned the meeting at 10:45 p.m.
ACTION TAKEN
VICE-MAYOR ofthe CityofBakemfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Presentations
ITEM: o~, 0-,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Carroll Hayden, Human Resources Managerk~)'DEPARTMENT HEAD
November 20, 2003 CITY A'rFORNEY
.¢
CITY MANAGER
Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Gene W. Bogart,
Fred Lara, Bobby O. Mahaffey, and, Estevan C. Silvas.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
Gene W. Bogart, Water Resources Manager, Water Resources Department, for 34.5 years of
service to the City of Bakersfield.
Fred Lara, Facility Worker, Public Works Department, for 26.25 years of service to the City of
Bakersfield.
Bobby O. Mahaffey, Construction inspector II, Public Works Department, for 36 years of
service to the City of Bakersfield.
Estevan C. Silvas, Senior Property Technician, Police Department, for 31.50 years of service to the
City of Bakersfield.
November 20, 2003
S:~AOMINRP~Retiree Presentations.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Presentations
ITEM: ~.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
November 25, 2003
APPROVED
DEPARTMENT H EAD~~.~
CITY ATTORNEY
CITY MANAGER _d~. 1'~
Presentation by Mayor Hall of Proclamation to Arin D. Resn[cke, Program Chair of the
2003 AIAGE Design Awards Program, proclaiming January 7-14, 2004, as Architectural
Awareness Week.
RECOMMENDATION:
BACKGROUND:
ndw
November 25, 2003, 11:10AM
S:\MAYOR~ADMIN~ARCHfTECTURAL AWARENESS WEEK.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Appointments
TEM: ~, 0~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City CI ke.~..~
November 25, 2003
APPROVED
DEPARTMENT HEAD
ClTY ATTORNEY
ClTY MANAGER
One appointment to the Fire Civil Service Board, due to the expiration of term
of Mike L. George, term expiring December 31, 2003.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Fire Civil Service Board due to the expiration of term of Mike
George, whose term expires December 31, 2003. The news release for this recruitment was
posted on November 7, 2003.
An application for appointment has been received from the following:
· Mike L. George
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members, appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Fire Department. All applicants have been encouraged to contact each
councilmember regarding their interest and qualifications. Meetings are held the second Monday of
each month at 3:00 p.m., at the Human Resources Testing Room, 1501 Truxtun Avenue,
Bakersfield.
November 25, 2003, 9:31AM
S:\Bds&Comm\FIRE\admin george 2003.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Appointments
ITEM: c~ .*b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
McCarthy, City Cle~,..,_)
Pamela
A.
November 25, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
One appointment to the Miscellaneous Civil Service Board, due to the expiration
of term of Daniel L. Williams, term expiring December 31, 2003.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Miscellaneous Civil Service Board due to the expiration of term of
Daniel L. Williams, whose term expires December 31, 2003. The news release for this recruitment
was posted on November 7, 2003.
An application for appointment has been received from the following:
· Daniel L. Williams
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of
five (5) members, appointed by the full Council. Members must be residents of the City throughout
their three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
employees affected by Civil Service. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of
each month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue,
Bakersfield.
rg
S:\Bds&Comm~MISCCS\admin 2003.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
IAGENDA SECTION: Appointments
ITEM: H,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk~_.~
November 25, 2003
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER ~/('~)~'~
One appointment to the Police Civil Service Board, due to the expiration of term
of Steven C. Anderson, term expiring December 31, 2003.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Police Civil Service Board due to the expiration of term of Steven
C. Anderson, whose term expires December 31, 2003. The news release for this recruitment was
posted on November 7, 2003.
Applications have been received from the following individuals:
· Steven C. Anderson
· Tom Teagarden
The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Police Department. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday
of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53, 1601
Truxtun Avenue, Bakersfield.
rg
November 24, 2003, 4:35PM
S:\Bds&Comrn~POLICE~admin 2003.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Appointments
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cler~=.~
November 25, 2003
APPROVED
DEPARTMENTHEAD
CITY ATTORNEY
CITY MANAGER
One appointment to the Kern Mosquito and Vector Control District, due to the expiration
of term of Morris C. Mahlmann, term expiring December 31, 2003.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Kern Mosquito and Vector Control District due to the expiration
of term of Morris C. Mahlmann, whose term expires December 31, 2003. The news release
was posted November 7, 2003.
An application for appointment has been received from the following:
· Morris C. Mahlmann
A copy of Mr. Mahlmann's application and letter of recommendation from the Kern Mosquito and
Vector Control District are provided for your information.
The primary objective of the Kern Mosquito and Vector Control District is the elimination of
mosquito-breeding areas by way of educational services, various control measures and
abatement procedure methods when necessary. Members are nominated and appointed by the
Council of each respective participating City. Members shall be an elector of the City and a
resident of that portion of the City which is within the Kern Mosquito and Vector Control District
throughout their 2-year term.
All applicants have been encouraged to contact each City Councilmember regarding their
interest and qualifications. Meetings are held the second Wednesday of each month at 11:30
a.m. at the District Office, 4705 Allen Road, Bakersfield.
S:\Bds&Comm\KMVC\admin 2003,dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ,~. CL.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
~'~ AP/PROVED
DEPARTMENT HEAD
November 6, 2003 CITY ATTORNEY
CITY MANAGER
Approval of minutes of the November 19, 2003 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
S:/Council~admins~2003\DEC 10 2003.DOT
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ,~, b,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
APPROVED
DEPARTMENT HEAD ..~.//~. ~----
November 21, 2003 CITY ATTORNEY ~' ~p~'~'
CITY MANAGE~/_~
Approval of department payments from November 7, 2003 to November 21, 2003 in the
amount of $6,919,089.97 and self insurance payments from November 7, 2003 to
November 21, 2003 in the amount of $209,150.55.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,126,240.52.
BACKGROUND:
klg
November 21, 2003, 2:57PM
S:\KimG\Forms & Lables~ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent
ITEM: 0. C,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 19, 2003
~'~q,v E D
DEPARTMENT HE~___~.~ ~' 7,
ClTYATI'ORNEY / ~
CITY MANAGER
Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and
Zoning Map No. 124-07 changing the zoning from M-1 (Light Manufacturing) to M-H (Mobile
Home) on five acres generally located along the south side of Wilson Road, approximately
600 feet west of Union Avenue (GPNZC 03-0742). (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council approved the Negative Declaration and made first reading of the ordinance on
November 19, 2003.
The applicant's proposed amendment would allow 38 mobile homes on five acres. Applicant has
agreed to all conditions and mitigation for the project.
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change and recommended City Council approval on September 18, 2003. The Planning
Commission was very supportive of this infill project which provides a Iow income housing project.
Although potential land use conflicts exist, there is a strong desire to establish the first new
mobilehome park in the city since the 1980's.
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
11,2003.
RED
Admin\12-10-0742
ADMINISTRATIVE REPORT
IMEETING DATE: December 10, 2003
AGENDA SECTION: Consent
ITEM: ,.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 19, 2003
APPI~OVED
DEPARTMENT HEAD ~
CITY ATFORNEY,//
CITY MANAGER
An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 102-20 from P.C.D. (Planned Commercial Development) to C-2
(Regional Commercial) zone on 16.86 acres located at the northwest corner of Granite
Fails Drive and Coffee Road (GPA/ZC 03-0774). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on November 19, 2003.
The property has had a requirement for a P.C.D. (public hearing). This P.C.D. requirement was
also attached to the development of the Northwest Promenade shopping area. Now that Granite
Fails Drive separates this commercial area from that major shopping center, the property owner
wants to remove the P.C.D. (public hearing) requirement.
The Planning Commission conducted public hearing(s) on this Zone Change and recommended
City Council approval on October 2, 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 for the project and two against the project. The two Commissioners that were against
the project expressed their desire to provide a public hearing for the site prior to development of
the site. The Planning Commission added a condition on the zone change to require a public
notice be sent to property owners 300 feet to the west of the site and to both the restaurant and
the credit union adjacent to the site.
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\dec\12-10-0774
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Consent
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 20, 2003
DEPARTMENT HEAD'~.A~ROVED
CITY MANAGER ~/'~-~
An ordinance approving the appeal and adopting the Negative Declaration and amending
Section 17.06.020 of Title 17 of the Bakersfield Municipal Code and Zoning Map 102-20
from a C-1 (Neighborhood Commercial) zone to a C-2 (Regional Commemial) zone located
at the southwest corner of Coffee Road and RiverLakes Drive (ZC 03-0824). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
On November 19, 2003, the City Council held a hearing and approved the appeal and held first
reading of the zone change.
The Planning Commission arrived at a split vote (3-3 tie) on this project at their October 2, 2003
meeting. The staff report had recommended approval. No one spoke in opposition to the
proposed project.
The applicant requested the C-2 zone to allow more flexibility in marketing the site. The property
was previously changed from its original residential specific plan designation because it was felt
the property was more suitable for commercial development. The current proposal seeks to
change to a higher intensity of allowed commemial use on the property. The property is bordered
by the Friant-Kern Canal on the south, a planned 28-acre regional park on the west, Riverlakes
Drive on the north and Coffee Road on the east. The planned land use to the north of Riverlakes
Drive is office commercial, and the zoning east of Coffee Road is M-3 (County jurisdiction). There
are no sensitive uses adjacent to the site or in close proximity to the site that would prompt
concerns regarding land use compatibility for the proposed zone change. The proposed zone
change provides a greater range of choices of permitted uses consistent with the land use
objectives and the RiverLakes Ranch Specific Plan.
Staff testified that there is no difference in the traffic generation between C-1 and C-2 zoning.
Commissioners voting against the project based their decision on an abundance of zoning in the
area that already allows 0-2 uses and can be developed as such.
Staff conducted an initial study and determined that the project would not have a significant effect
on the environment. A Negative Declaration was posted on September 9, 2003 in accordance with
CEQA.
JEadmin~nov\l 1-19-0824
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Consent
ITEM: ~.-~'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 14, 2003
OVED
DEPARTMENT HEAp..~/,.
CITY A'I-I'ORNEY--/ ~'/'~
An ordinance amending the Bakersfield Municipal Code Sections § 1.12.010 and
1.12.040 by adding Annexation No. 442 to Ward 1 and Annexation No. 439 to Ward 4.
(Wards 1 and 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexation Nos. 439 and 442 areas
into the corresponding Council Ward. The annexations were approved by LAFCO and
completed recently.
Annexation No. 439 is located west of Allen Road and south of Kratzmeyer Road. The area
consists of 80 acres.
Annexation No. 442 is located east of Oswell Street, south of Zephyr Lane and south of State
Highway 58. The site consists of 80 acres.
MO:pjt
Admin\dec\12-10-442&439
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 21,2003
SUBJECT:
AGENDA SECTION:ConsentCalendar
TEM: 5.9.
APPROVED
DEPARTMENT HEAD
CITY A'FrORNEY /../' ._~
CITY MANAGER
An ordinance amending Section 2.28.090 of the Bakersfield Municipal Code relating to
Board of Zoning Adjustment.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
Currently, the members of the Board of Zoning Adjustment (BZA) are appointed by the City Council
and serve three-year terms which are staggered. The members are designated positions from the Public
Works, Building and Economic and Community Development departments. Because of the three-year
terms, every year, a member must be appointed or reappointed. This ordinance streamlines the process
since the same positions are designated each time and provides that the Public Works Director, the
Building Director and the Economic Development Director are designated as the BZA members. Whoever
holds those positions sits on the BZA until they no longer hold the position. Therefore, the City Council
need never appoint or reappoint members. In the event that the City Council desires to change the
membership of the BZA, the ordinance can be amended to do so.
Additionally, the ordinance sets forth that the alternate members of the BZA will be the Assistant
Public Works Director, the Assistant Building Director and the Principal Planner assigned to Economic
Development. If more than one Principal Planner is assigned to Economic Development, the City
Manager will designate the alternate.
November 25, 2003, 4:35PM
S:\COU NClL'~Admins~.28.090bzamembershipamd.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: 5' h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 19, 2003
DEPARTMENT HEAD
CITY~TTORNEY
CITY MANAGER
APPROVED
Assessment District No. 03-3, (Seven Oaks West III/Brighton Place II/Fairways Oaks
South).
1. Resolution Approving Boundary Map
Resolution of Intention 1320
3. Resolution Accepting Petition and Determing to Undertake Special Assessment
Proceedings.
4. Agreement with Wilson & Associates for Assessment Engineering.
5. Agreement with Orrick, Herrington & Sucliffe, Bond Counsel, for legal services.
6. Agreement with Phillsbury Winthrop, LLP, Disclosure Counsel, for legal services.
7. Agreement with Launer & Associates for Appraisal Services. (Ward 4 and 5)
RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this
proposed assessment district.
The proposed district has three distinct subareas as follows:
Seven Oaks West II1: This subarea is located south of Ming Avenue, west of Buena Vista
Road, east of Allen Road, north of White Lane and is planned for new residential and
commercial development. It is proposed that the improvements for this subarea will be
constructed by the developer (Castle & Cooke California, Inc.), with acquisition of the
improvements upon completion. The improvements include construction of curb, gutter,
sidewalk, median deposit, street lights, storm drains, traffic signal, water lines, monuments
and block wall improvements for Tracts 6086, 6087, 6130, 6131, 6150 and 6151.
Brighton Place Il: This subarea is located south of the Kern River Freeway, northwest of
Jewetta Avenue, northeast of the Rio Bravo Canal and is planned for Residential
development. It is proposed that the improvements for this subarea will be completed by
the developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon
November 19, 2003, 10:43AM
G:\GROUPDAT~ADMINRPT~2003\12-10~AD03-3Broi.dot
ADMINISTRATIVE REPORT
completion. The improvements include construction of off-site public improvements for
Tract 6185.
Fairways Oaks South: This subarea is located south of Pacheco Road, west of Old River
Road, east of Mountain Vista Drive, north of Panama Lane and is proposed for new
residential development. It is proposed that the improvements for this subarea will be
constructed by the developer (Fairway Oaks South, LP), with acquisition of the
improvements upon completion. The improvements include construction of on-site and off-
site improvements for Tract 6079 Unit One and including curbs, gutters, sidewalk, grading,
paving, street lights, water and block walls.
The primary motive for combining three subareas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the property owners.
It is intended to provide financing for all improvements in a single bond issue.
Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
November 19, 2003, 10:43AM
G:\GROUPDAT~ADMINRPT~2003\12-10~AD03-3Broi.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: 5' (~'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 12, 2003
Resolution Adopting the Investment Policy of the City.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
This resolution places the City in conformance with the California Government Code that requires staff to
annually render to the legislative body a statement of investment policy which the legislative body shall
consider at a public meeting. The policy has been changed to reflect California Government Code
amendments: maximum maturity of bankers acceptances is amended from 270 days to 180 days,
maximum maturity of commercial paper is amended from 180 days to 270 days and maximum percentage
of the portfolio that can be invested in commercial paper is changed from 15% to 25%. These are the only
changes to the previously adopted policy.
The City has used bankers acceptances and commercial paper in its investment program in the past.
Currently there are no investments in these instruments. These changes will not impede their use in the
future.
The current policy received certification through the Investment Policy Certification Program of the
Association of Public Treasurers of the United States and Canada (PTA US&C). According to the PTA
US&C these minor changes to comply with State statute, will not require re-certification of the City's
Investment Policy.
November 19, 2003, 4:18PM
P:\MISC~Admin report invest policy.doc
ADMINISTRATIVE REPORT
IMEETING DATE: December 10, 2003
IAGENDA SECTION: CONSENT
ITEM: "~ 'L~ '
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
November 25, 2003
SUBJECT: DEVELOPMENT PLAN REVIEW- PLANNED UNIT DEVELOPMENT FOR ZONE
CHANGE 03-0343 (PROJECT NO. 03-0947)
Resolution approving Development Plan Review for a proposed tentative subdivision
containing 352 lots for purposes of single family development, one lot for a private park,
a retention basin on 81.10 acres zoned R-l/PUD (One Family Dwelling-Planned Unit
Development) located on the south side of Zephyr, between South Oswell Street and
Sterling Road. (Engineer- Mclntosh & Associates/Subdivider-ADH Corporation)
(Ward 1 )
RECOMMENDATION:
Adopt the resolution approving the P.U.D. Development Plan for Zone Change 03-0343.
BACKGROUND:
This proposed residential subdivision is generally located on the south side of Zephyr, between
South Oswell Street and Sterling Road, The development plan was submitted in conjunction with
the approval of Vesting Tentative Tract Map No. 6232.
On July 30, 2003, the City Council approved concurrent General Plan Amendment and Zone
Change No. 03-0343 which consisted of changing the General Plan land use map designation
from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) and the zoning from
an A (Agriculture) to an R-l/PUD (One Family Dwelling/Planned Unit Development) on this 81.10
acres. Mitigation measures adopted reducing impacts to less than significant levels have been
included in the conditions of approvat for Vesting Tract Map 6232.
The development plan (Exhibit "3") depicts the following:
A. 352 lots for single family homes:
1. Average lot size is 62.5 feet wide by t 01 feet deep (6,312 square feet).
2. Floor plans depict square footage of homes ranging from 1,317 to 1,725 square feet.
3. Five one-stow models and one, two-stow model.
4. Reduced lot depth and reduced 50-foot dwelling unit setback for lots adjacent property
zoned A (Agriculture). (Affects lots located along south boundary. The Planning
Commission conditionally approved these requests.)
ADMINISTRATIVE REPORT Page2
1 lot for a 0.90 acre family park located in Phase 4 of the tentative tract, which is generally
located in the center of the subdivision includes the following. 1. 6 picnictables/benches.
2. A trellis area with 4 barbecues and picnic table/benches.
3. Open play field.
4. Landscaping with turf, shrubs and trees.
1 lot for retention basin.
Private gated streets with alternate design. A Homeowner's association will be created to
maintain common areas.
Perimeter subdivision walls along South Oswell Street, Zephyr Lane and South Sterling Road
proposed as smooth-faced wall, split-face pilaster typically every 75-feet, one course of split
face block near top of wall, and split-face cap. This is the same design as the wall for Tract
6140 on the north side of Zephyr Lane. Staff recommends the perimeter walls for Tract 6232
match the design and grey color of walls for nearby Tract 6140.
The Planning Commission unanimously approved this development plan on October 16, 2003 as they
found the proposal met all minimum development standards and appropriate mitigation measures imposed
by GPA/ZC 03-0343 as approved by the City Council. No comments either in support or opposition
were presented as part of the record. Since the proposal satisfies all required conditions and mitigation,
the Planning Commission has recommended that this development plan be approved.
LP S: Tracts\6232ADH\PUD\CC~admin.doc
November 18, 2003
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. J(,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Donna L. Kunz, Economic Development Director
December 3, 2003
DEPARTMENT HEAD
CITY ATTORNEY ~.._~O~
CITY MANAGER
Resolution of the City of Bakersfield releasing lien recorded on real property located at 630
Kentucky Street (APN 014-270-07) 0Nard 2)
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
The Bakersfield Redevelopment Agency has been acquinng properties in the Old Town Kern-Pioneer
Project Area for a multi-use project. One such property located at 630 Kentucky Street had a dilapidated
building on it that was ultimately torn down by the City. On August 8, 2001, pursuant to Resolution No.
115-01, City authorized the creation of a code enforcement lien for $93,464.00 which was recorded in the
Kern County Recorder's Office and placed on the Kern County Tax Rolls. The Code enforcement
demolition action was funded from CDBG funds under the slum and blight removal category. The Baker
Street redevelopment project is an eligible CDBG economic development project and is being primarily
funded from a HUD Brownfield Economic Development Initiative Grant and a Section 108 Loan.
Forgiveness of this lien will not impact the City's General Fund.
On October 23, 2003, the Bakersfield Redevelopment Agency approved the Agreement No. RA03-018 for
the purchase of 630 Kentucky Street for its appraised value of $36,000. This resulted in the property
being worth less than the liens against it. To facilitate the redevelopment project and to avoid protracted
eminent domain proceedings it was determined to forgive the demolition lien. In order to do that the City
must adopt the attached resolution and forward a certified copy to the Kern County Tax Collector, who will
then remove it from the tax rolls.
S:~Admins\City Councit~630 Kentucky tax lien forgive.doc
12/3/2003 9:33 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
IAGENDA SECTION: Consent Calendar
ITEM: 5. [,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 20, 2003
APPROVED
DEPARTMENT HEAD ~X
:'
MA. AaER
SUBJECT:
Resolution determining that certain used vehicles cannot be reasonably obtained through
the usual bidding procedures and authorizing the Finance Director to dispense with formal
bidding therefore, not to exceed $55,000.00 (two replacement vehicles for Police
Department).
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: At the Council meeting of October 22, 2003, funds were appropriated to the
Supplemental Law Enforcement Services Funding Police Department Operating Budget for the purchase
of two (2) vehicles for the Bomb Unit.
Buying used vehicles will save the City approximately $10,000.00 over the purchase of new vehicles and
will meet the Police Department's needs.
Staff recommends that Council dispense with bidding requirements, [M.C. 3.20.060 (D)(2) and Charter
136] and authorize the Finance Director to negotiate a price not to exceed $55,000.00 for two (2) used
vehicles.
Purchasing Division
DW:ljm
P:~,DMIN~003 ADMIN\CO3_1210_D_RESOLUTION Vehicles.doc
November 20, 2003, 4:20PM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
IAGENDA SECTION: Consent
ITEM ,~,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Building
November 19, 2003
APPR~ED
MANAO
SUBJECT:
A Resolution of the Council of the City of Bakersfield confirming the approval by the
Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debds and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Wards 1 & 2)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on November 17, 2003, by the Assistant to City
Manager and all proposed charges were confirmed. The subject properties listed below were in
violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to comply
with the notices to abate such public nuisance. After a hearing duly noticed and held before the
Building Director, the Director issued orders requiring the property owner to abate the public nuisance.
The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward l/Councilmember Carson
1. 1510 S. Chester Avenue 011-391-18 $ 439.00
2. 5221 Gaylene Avenue 412-202-24 $ 265.00
3. 3502 Hale Street 172-052-01 $ 2,545.00
4. 423 S. Haley Street 019-072-13 $ 289.00
5. 800 S. Hatey Street 019-141-06 $ 1,069.00
6. 2005 Madison Avenue 170-111-03 $ 2,895.00
7. 517 Martin Luther King Blvd. 019-101-13 $ 244.00
8. 519 Martin Luther King Blvd. 019-101-14 $ 244.00
9. 521 Martin Luther King Blvd. 019-101-21 $ 244.00
10. 1425 Wilkins Street 018-432-05 $ 244.00
November 20, 2003, 8:49AM
P:\declObll doc
ADMINISTRATIVE REPORT Page 2
PROPERTY LOCATION
APN COST
Ward 2/Councilmember Benham
11. 552 Beale Avenue 017-280-17 $ 1,069.00
12. 507 Butte Street 016-430-04 $ 244.00
13. 220 Jefferson Street 012-310-15 $ 244.00
14. 2127 Park Way 007-072-02 $ 820.00
15. 2003 2nd Street 008-334-03 $ 793.00
16. 1326 E. 19th Street 017-090-07 $ 1,444.00
17. 1332 E. 19th Street 017-090-06 $ 1,344.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant to City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant to City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
November 20, 2003, 8:49AM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ,~, I"l,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 20, 2003
Resolution adding territory, Area 1-25
APPROVED
DEPARTMENTHEAD ~
CITY ATTORNEY ~
CITY MANAGER ~
(Stockdale, Alien NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On November 19, 2003 the Council adopted Resolution of Intention No. 1253 to add
territory, Area 1-25 (Stockdale, Allen NE), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping for Tentative Tracts Nos. 6069, 6070, 6071,6072, 6073, 6074, 6075
and 6185. Area 1-25 is generally bounded by the Kern River Parkway on the north, Jewetta Avenue on
the east, Stockdale Highway on the south and Allen Road on the west. This area will be under the
streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has
been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received letters from the owner of the property described above which waive
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 Proposition 218 ballots 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 subdivideddeveloper to be recorded with the
subdivision maps.
Lvd
November 7, 2003, 11:57AM
G:\GROUPDA"F~ADMINRPT~003\12-10\MD1-25Est03.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~, O,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 20, 2003
AP, PI~OVED
DEPARTMENT HEAD //~-~-J
CITY ATTORNEY ~
CITY MANAGE~'~
Resolution of Intention No. 1319 to add territory, Area 5-11 (Oswell, Zephyr NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No.
6132 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 a
public park and street landscaping. Area 5-tl is generally bounded by a line 1000 feet north of Zephyr
Lane on the north, Oswell Street on the east, Zephyr Lane on the south and a line 330 feet west of
Workman Street on the west. This area will be under the park and streetscape zones of benefit and will
be assigned the appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map.
Lvd
November 7, 2003, 3:50PM
G:~GROUPDAT~ADMINRPT~2003\12-10\MD5~11Ri03.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
IAGENDA SECTION: Consent Calendar
TEM: 2.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 19, 2003
SUBJECT:
Agreement with Standard Middle School, a non-profit organization, to purchase fifty (50)
surplus computers and six (6) surplus printers from the City for $1.00 each, for a total of
$56.00.
RECOMMENDATION: Staff recommends sale.
BACKGROUND: The Finance Director has received a request from Standard Middle School to buy fifty
(50) surplus, used computers and six (6) surplus, used printers.
Bakersfield Municipal Code section 3.20.120F provides for this action and states that any sale to a
governmental entity or nonprofit organization shall be subject to confirmation and approval by the City
Council.
The items are being sold "as is and with all faults" to remove the City from any potential liability claims.
Purchasing Division
DW:Ijm
P:'~ADMIN~003 ADMIN\C03_1210_C_Sale of Surplus Computers.doc
November 19, 2003, 8:42AM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
November 19, 2003
AGENDA SECTION: Consent
ITEM: ,.~. O~
DEPARTMENT
MA.AGER
SUBJECT:
Agreements to Indemnify LAFCO for City Annexation No. 443, Proceeding No. 1363; City
Annexation No. 445, Proceeding No. 1364; City Annexation No. 446, Proceeding No. 1365;
City Annexation No. 448, Proceeding No. 1366; and City Annexation No. 449, Proceeding
No. 1369. The annexation territories are all uninhabited and located as follows:
Annexation 443 west of Jewetta Avenue, approximately 3,000 feet north of Brimhall Road
and at the southwest corner of Bernard and Beale Avenue; Annexation 445 east of
Gosford, north of McCutchen Road; Annexation 446 west of Oswell Street, south of State
Route 58; Annexation 448 at the southeast corner of Coffee Road and Downing; and
Annexation 449 generally south of Panama Lane, east of South Union Avenue. (Wards 1,
2,4,6,7)
RECOMMENDATION:
Staff recommends adoption of agreements.
BACKGROUND:
The Local Agency Formation Commission (LAFCO) is processing the annexations and will place a
condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the
annexation areas. The agreement provides that if LAFCO is sued for approving the City's
application for annexation, the city will bear the burden of defense. The property owners of the
annexation areas have all consented to annex their properties to the city.
The annexation areas total approximately 462 acres. All the annexation areas are uninhabited.
MO
Admin\12-10-443
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
TEM: ~. r'.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 25, 2003
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
APPROVED
Tract Maps and Improvement Agreements
Improvement Agreement with Castle & Cooke Commercial-Ca., Inc., for Parcel Map 10938
located west Gosford Road and north of Harris Road. (Ward 5)
Final Map and Improvement Agreement with California Life Style Homes, Inc. for Tract
5989 located north of Chase Avenue and east of Mesa Marin Drive. (Ward 3)
Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield, LLC, for Tract
5966 Unit 1 located west of Jewetta Avenue and north of Meacham Road. (Ward 4)
Final Map and Improvement Agreements with GMAC Model Homes Finance, Inc. and
Lennar of Bakersfield, LLC, for Tract 6156 Units 1 and 2 located south of Pacheco Road
and east of Buena Vista Road. (Ward 5)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
td
December 2, 2003, 2:11PM
G:\GROUPDAT~ADMINRPT~2003\12-10tMAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
TEM: c..~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen
Interim Director of Recreation and Parks
December 3, 2003
APPROVED
DEPARTMENT HEAD
CITY ATDORNEY
CITY MANAGER
Park Land Acquisition Agreement at Akers and McKee Road
1) Agreement with San Joaquin Development II, CLLC, for $78,050, for Dedication of 1.67
Acres of Park Land and Acquisition of 2.23 Acres of Reserved Park Land.
2) Appropriate $78,050 Park Improvement Fund Balance to Acquire the Reserved Park
Land. Ward 6.
RECOMMENDATION:
Staff recommends approval of the agreement and appropriation.
BACKGROUND:
A 12-acre park site has been identified in the approximate vicinity located east of Akers Road and south of
McKee Road, which would serve the residents of Vesting Tentative Tract 6152. The City currently owns
6-acres of the proposed 12-acre park site.
The developers of Vesting Tentative Tract 6152 are required, as a condition of approval, to dedicate 1.67
acres of park land and reserve 2.23 acres of park for acquisition by the city. The land to be dedicated and
reserved is adjacent to the 6-acres currently owned by the city.
The agreement specifies that San Joaquin Development II, CLLC, dedicate the required park land and be
paid $78,050 from the park improvement fund for the acquisition of 2.23 acres of reserved park land to
fulfill the requirement of condition #34 of the staff report for Vesting Tentative Tract Map 6152.
December 3, 2003, 3:40PM
S:~Admin Rpts~003\Park acq 121003.doc
MEETING DATE: December 10, 2003
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: ._~. ~C.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 25, 2003
APPP,,OVED
DEPARTMENTHEAD
CITY ATTORNEY
t._./
CITY MANAGER
Bakersfield Municipal Airport Ground Lease (Ward 1):
Ground Lease Agreement with George Sturges, Jr. for purposes of constructing an
aircraft storage hangar at the Bakersfield Municipal Airport.
RECOMMENDATION: Staff recommends approval of Agreements.
BACKGROUND: Construction of this aircraft storage hangar will incorporate an existing shade port
structure that has not been utilized for over a year. The term of this agreement is for a period of twenty
years with the option of two 5-year extensions. The approximate size of the aircraft storage hangar is
4,200 square feet.
November 25, 2003, 9:11AM
G:\GROUPDATtADMINRPT~2.003t12-10\Sturges Ground Lease.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar
ITEM: 5.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~
DATE: November 25, 2003 CITY ATTORNEY ~
CITY MANAGER ~'~"~-~
SUBJECT:
Reimbursement Agreement between the City of Bakersfield and the Bakersfield
Redevelopment Agency for Services relating to International Square and the Termination of
the Lease Agreement between the City and Union Pacific Railroad. (WARD 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In 1999, the City adopted the Old Town Kern-Pioneer Redevelopment Plan to assist in the revitalization of
properties located in the area. The property located on the northwest corner of Baker and Sumner
Streets, known as International Square lies within the Old-Town Kern Redevelopment Area. The City of
Bakersfield has been leasing the property from the Union Pacific Railroad since the 1970's. The City
Council voted on November 19, 2003, to terminate the lease and return the property to Union Pacific
Railroad. Pursuant to the lease agreement, the City is responsible for returning the property to the
condition it was in when the lease was executed. This work, conducted by City forces, will include the
removal of the fencing, which can be utilized on other projects in the project area, remove the cinder block
wall on the north side of the property, remove all structures, any concrete foundations and remove all
landscaping.
After this work is completed, the railroad has indicated that it will either sell the property to facilitate
redevelopment or develop the property itself. The redevelopment agency will be assisting the City by
reimbursing for the costs of returning the property to its pre-lease condition up to $30,000. This
reimbursement will occur no later than December 31, 2004 and after the receipt of documentation of the
actual costs of the work. The reimbursement will be from available Old Town Kern tax increment funds.
The Bakersfield Redevelopment Agency considered this item at the December 8, 2003 meeting.
S:~Adrnins\City CouncJl\lntl square reimb agree.doc
11/25/2003 4:12 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. V,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
November 20, 2003
APPROVED
DEPARTMENT HEAD .~'~(.'_~.~,
CITY ATTORNEY ~
c TY MANAGER
Agreement between Community Action Partnership of Kern (CAP of Kern) and the City of
Bakersfield for the purchase, rehabilitation and sale of affordable housing units in the
amount of $100,000. (Ward All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Community Action Partnership of Kern (CAP of Kern) is a qualified Community Housing Development
Organization (CHDO) and is requesting financial assistance to pay for the acquisition of specific single-
family affordable homes. CAP of Kern will rehabilitate the homes and sell them to Iow-income, first-time
home buyers. CAP of Kern will also expand their city-wide housing programs to include the construction
of new homes and to provide education and assistance to potential and actual home buyers.
CAP of Kern is requesting assistance up to $100,000 of Community Housing Development Organization
(CHDO) funds. Of the $100,000, CAP of Kern will utilize $75,000 as a revolving loan fund from which
homes would be purchased, rehabbed or constructed, and sold to qualified first time home buyers.
Utilizing a revolving loan fund would allow CAP of Kern to always have funds available to expand their
program and be able to capitalize on opportunities to secure properties for the program.
CAP of Kern is anticipating rehabilitating up to 10 homes per year, securing rehabilitation funds from
various outside sources. New construction would take place in neighborhoods where vacant lots and/or
dilapidated or abandoned buildings cause inhibited neighborhood growth and increased criminal activity.
CAP of Kern will be acquiring the properties from many different sources, including: HUD homes, homes
currently listed for sale, real estate owned bank properties, and through solicitations by the Veterans
Administration and real estate professionals.
The remaining $25,000 will be used by CAP of Kern for operating expenses associated with operating
their housing program. They will be reimbursed up to $25,000 to pay for any reasonable and necessary
operating expenses associated with the operation of the program, which may include: salaries, wages,
and other employee compensation and benefits; employee education, training, and travel; rent; utilities;
communication costs; taxes; insurance; equipment; materials and supplies.
C:\Documents and Settings\dkrarner\Local Settings\Temp\Cap of Kem.doc
1/20/2003 11:23 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ..,R. u3.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Christensen, Interim Director, DEPARTMENT HEAD /~
Recreation and Parks
DATE: November 20, 2003 CITY ATTORNEY .
CITY MANAGER ~
SUBJECT:
Agreement with Jeff Ellis & Associates, Incorporated for swim safety consulting, lifeguard
and swim instructor certifications, and pool audits in an amount not to exceed $31,500.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Jeff Ellis & Associates is an aquatic safety consulting firm that provides aquatic risk management services
to the city of Bakersfield, Department of Recreation and Parks. The department has utilized the services
of Jeff Ellis & Associates since 1996 and is pleased with the results in risk reduction at the city pool
facilities. These services include safety consulting, National Pool and Waterpark lifeguard and swim
instructor training, annual aquatic safety inspections, and design.
This agreement has been developed for services rendered by Jeff Ellis & Associates to the Department of
Recreation and Parks. Jeff Ellis & Associates will provide lifeguard and swim instructor licenses, manuals,
textbooks, and trainer licenses. In addition, they will provide three operational audits that include
videotape and written documentation of the licensed lifeguards' performance. Under this agreement total
compensation is not to exceed $31,500. The cost of annual services from Jeff Ellis & Associates did not
increase this year.
SJ December !, 2003, 1:20PM
P:\contracts and agreements~2003 Admin Repod Ellis.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
IITEM: 5. X'.
r
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
December 2, 2003
_ APPROVED
DEPARTMENT H EAQ///'~
CITY ATTORNE~'"~ ~'~*-~
CITYMANAGER
Agreement with Action Sports to grant sole and exclusive right to operate sporting goods
retail sale operations at the Aquatic Center and Ice Center. (l~at,-d 2)
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 sporting goods retail sale operations for both locations. The agreement between the City, SMG
and Action Sports will provide hockey, swimming accessories and other retail items for the public's
purchase at both locations.
kn'
December 3, 2003, 9:44AM
SS:~Adrninistration~Action Sports final admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
TEM: .~. ~.
TO: Honorable Mayor and City Council A~PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: November 24, 2003 CITY ATrORNEY
CITY MANAGER
SUBJECT:
Amendment No. 3 to Agreement No. 00-174 ($50,000, for a revised total compensation
clause of $175,000) with T. W. Collins Associates for On-call Inspection Services for
Various Construction Projects (All Wards).
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Throughout the year, the demand for Public Works construction inspection services,
both for subdivisions and Capital Improvement Projects, exceeds staff resources. Agreement No. 00-174
with T. W. Collins Associates was approved by Council on June 28, 2000. This agreement was for the
consultant to provide construction inspection services for Public Works projects for the following two fiscal
years.
Amendment No. 1 to Agreement 00-174 was approved by Council on June 26, 2002 which extended the
period of the agreement six months and provided for an increased hourly rate. Amendment No.2 extended
the period of the contract to December 31,2003. The extension was needed due to the poor response to
a May, 2002 Request for Qualifications for On-call inspection services. The hourly rate increase reflected
cost-of-living increases, inflation, and current market conditions since June, 2000.
Mr. Collins is currently providing supplemental inspection services to Parsons Brinckerhoff, the
Construction management firm for the White Lane and SR99 widening Project. Since it is advantageous to
the City to maintain the same inspection personnel to an on-going construction project, this amendment
will extend the period of the contract until December, 2004.
In addition, the compensation clause will increase by $50,000.00 (revised total contract amount
$175,000.00). Funding for this agreement will be paid by currently funded CIP projects, mostly White Lane
and SR99 Bridge Widening Project, and no additional appropriations are anticipated.
sjp
December 2, 2003, 9:39AM
G:\G ROUPDAT~A DMIN R PT~2003~12-10~Amend 3 agree 00-174.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
TEM: ,~. ?...
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
November 25, 2003 CITY A'I-I'ORNEY
CITY MANAGER~'-~/
Amendment No. 2 to Agreement for Animal Care Services (County-City of B~a/k~rsfield)
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
For the past several months, the City of Bakersfield and the County of Kern staff members have been
meeting to come to agreement on a longer term mutually-beneficial contract relating to the combining of
various aspects of City and County animal control and care services. Those meetings are continuing.
In the interim, the City and County have entered in to two three-month short-term agreements for the
provision of animal care services, the second of which expires December 31, 2003. This agreement is
the third of those short-term agreements and would extend the agreement through March 31,2004.
The conditions within the first two agreements remain. The County will continue to designate the area
of the County Shelter known as Kennel D to house City animals at a cost of $2,000 a month. The
County will provide space within the County Animal Shelter facility to accommodate 24 cage units for
City impounded cats, and space will be provided in the Shelter office to accommodate a City staff
member to provide public assistance and prepare owner notifications. County vehicles with standard
equipment will be provided for use by City if they are available at the rate charged by County fleet
operations. City will reimburse the County at the rate of $7.00 per animal for City animals not deemed
adoptable. County shall maintain the computerized system in order to keep accurate, full and complete
records of all animals impounded by or for the City. On a non-exclusive basis, County shall supply, sell
and maintain licenses and records for the City. County will retain all fees collected by County as a
result of impoundment of City animals and shall retain all license fees collected by County during the
term of the agreement. The City will continue to provide animal control functions as well as contract for
the individuals needed to care for City animals at the County Shelter.
The County has been very helpful in assisting the City in meeting its short-term animal control and care
needs. Progressive steps have been made in determining the various functions of and costs related to
animal care and control. The third short-term agreement will assist in these efforts as well as in
identifying issues related to longer-term City and County joint animal control ventures. This agreement
is brought forward as a Council agreement rather than a departmental agreement to keep Council
abreast of the continuing discussions on City-County animal care and control.
November 25, 2003, 4:31 PM
P:~ACS~ADM03-12-10-AnimalControlAgmt.docAgmt
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. O. O.:.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 18, 2003
DEPARTMENT HEAD ~ROVED
CITY ATTO R N E Y.~_.//~-'~'~'-'
Amendment No. 2 to Agreement No. 99-157 with The Burlington Northern and Santa Fe
Railway Company (not to exceed $28,800) for the maintenance and operation of the
Bakersfield Amtrak Station track (Ward 2).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City of Bakersfield assumed maintenance of the Bakersfield Amtrak Station tracks
on September 15, 2002 with The Burlington Northern and Santa Fe Railway Company (BNSF) continuing
the maintenance of the signals servicing the City's track. In February 2003, staff negotiated an agreement
with the Fresno Division Signal Maintenance Group of BNSF to maintain these signals for a fixed fee not
to exceed Six Hundred Dollars ($600.00) per month for 48 months from September 15, 2002. This
Amendment No. 2 to Agreement No. 99-157 establishes a fixed fee for current and future regular
maintenance of these signals,
Since costs associated with operation and maintenance of the Bakersfield Amtrak Station are reimbursed
with Public Transit funds administered by the Kern Council of Governments, no additional appropriations
are necessary for this amendment.
November 18, 2003, 4:56PM
G:\GROUPDAl~ADMINRP~2003~12-10\BNSF Amendmen~ No 2 to Agreement No. 99-157.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: 5. bb.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 30, 2003
APPROVED
DEPARTMENT HEAD ~
CITY ATFORNEY%_..../~'---
CITY MANAGER ~
Amendment No. 1 to Consultant Agreement No. 02-019 with Carotlo Engineers, $7,500 (for
total compensation clause not to exceed $98,800) for construction support and special
inspection Services on the Wastewater Treatment Plant 3 - Headworks Upgrade Project
(Ward 6).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: At the February 6, 2002 Council Meeting, Council approved Agreement No. 02-019 for
Design Consultant services necessary to design, bid and construct various improvements to Wastewater
Treatment Plant 3. Special inspection is required for coatings that are being applied to the concrete
surfaces within various structures. City Staff has requested a higher degree of participation in the project
by the Carolio inspector and this amendment will fund the cost of these services.
The original contract was for $91,300. This amendment will add $7,500 to the original amount for a total
contract price of $98,800.
November 12, 2003, 9:31AM
G:\GROUPDAT'~ADMINRPT~2003\I lq9~amend 1- agreement 02-019.doc
ADMINISTRATIVE REPORT
MEETING DATE December 10, 2003
IAGENDA SECTION:
ITEM: 5. ~-~,.
Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
November 26, 2003
DEPARTMENT HEAD (~.P~ROVE D
CITY ATTORNEY
CITY MANAGER
Canal Liner Repairs in Carrier Canal between Golden State Hwy. and Oak St. (Ward 2)
Amendment No.1 to annual contract Agreement No. 03-028 with Jim Alfter, Cement
Contractor ($200,000, for a total contract amount of $266,000) for additional canal liner
repairs.
RECOMMENDATION: Staff recommends approval of amendment to annual contract agreement.
BACKGROUND: As a result of the Carrier Canal dry-up on October 30, 2003, the Water Resources
Department immediately begin an extensive review of our canal systems through urban Bakersfield. While
the results of the investigation revealed that the overall condition of our canal facilities is satisfactory, the
concrete ~iner in the Carrier Canal located between Oak St. and Golden State Hwy. is in need of repairs in
the immediate future. In order to remedy this situation, staff estimates that approximately 220 concrete
canal panels will need to be replaced over the next 2 to 3 years. However, not knowing the future weather
or water conditions, we have determined it would be prudent to take advantage of the current extended
dry-up period on the canal and repair and replace the damaged panels this calendar year. Kern Delta
Water District has agreed to re-schedule any water deliveries involving the Carrier Canal until January
2O04.
Our normal maintenance and replacement of canal liners consists of about 40 panels annually due to
settlement, dislocation and/ or cracking. By accelerating the level of repairs along this stretch of the
Carrier Canal now, it is anticipated that the funding amount requested for canal liner repairs in future years
will be reduced. The remaining balance in the annual contract is not sufficient to fund the required level of
repairs at this time. This amendment adds $200,000 to the current annual contract, increasing the total
contract amount to $266,000 for additional canal liner repairs. The City and Kern Delta Water District
share ownership of these Carrier Canal facilities. City staff has met with Kern Delta Water District and they
have agreed to reimburse the City for its appropriate share of this maintenance and canal liner repair
costs.
M,R. - Water
December 1, 2003, 11:39AM
S:~2003 ADMIN RPTS~admin121003.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: 5. (;~.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /~/'~'~ /'
DATE: November 25, 2003 CITY ATTORNEY /'~/~g~
CITY MANAGER
SUBJECT:
Contract Change Order No. 4 to Agreement No. 03-018 with S.C. Anderson Inc. for total of
$85,970.46 (for a revised contract amount of $5,545,569.63) for the Bakersfield Ice Center
Project. (Ward 2)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: During construction it was discovered that the HVAC ducting in the lobby area had to be
rerouted due to structural steel conflicts. This ducting was originally concealed; however, the rerouting will
expose this ducting necessitating the use of "architectural" type duct. The contractor has agreed to do this
work for the lump sum price of $15,753.55.
During the installation of the roof, additional flashing over and above what was called for in the plans had
to be installed in order to provide proper waterproofing of the roof area. The contractor has agreed to
install this additional flashing for $2,692.94.
During the installation of the automatic sliding doors, it was discovered that an electrical circuit to power
these doors had not been included in the plans. The contractor has agreed to install this circuit for
$1,695.47.
During construction, it was noted that the roofing material around the HVAC units needs to be modified.
The current plan application could cause a waterproofing problem in the future. This modification will
provide the best possible leak protection for this area. The contractor has agreed to perform this
modification for the lump sum price of $627.90.
In order to control the operation of the new "ice Sports" sign on the east and west sides of the building, a
control circuit which includes a time clock and photocells need to be installed. The contractor has agreed
to install this control circuit for $735.26.
The HVAC ducting support system shown on the plans was not sufficient to support these ducts. As such,
additional welding needs to be done to secure these ducts properly. The contractor has agreed to do this
additional welding for the lump sum price of $460.00.
After the exterior doors were installed, it was discovered that the flashing around the door openings would
have to be increased and modified in order to provide proper waterproofing of these areas. The contractor
has agreed to install the additional flashing for $1,217.10.
Rick_M @Construction
12/2/2003 9:50:01 AM
G:\GROUPDAT~,DMINRP%2003~t2ot 0~akersfield Ice Center CCO4.doc
ADMINISTRATIVE REPORT
Due to a necessary HVAC duct relocation in the kitchen area, the ceiling in the kitchen area needed to be
lowered. As such, the top of the counter shutter door must also be lowered to match the new ceiling
height. The contractor has agreed to lower this counter shutter door for the lump sum price of $748.45.
During installation of the countertops, it was discovered that the recessed sinks planned for this project
created a condition in which water damage to the laminate counter would be likely over time. The
contractor has agreed to install "self-rimming" sinks in all bathroom areas for an additional $$363.29. This
type of sink will solve this potential water damage problem.
During installation of the HVAC units on the east side of the building, it was discovered that two of the
units would have to be moved and the ducting modified due to structural steel conflicts. The contractor
has agreed to do this work for $1.051.10.
During the construction of the ice making equipment, it was discovered that an additional HVAC unit was
needed to keep this room from exceeding 104 degrees in temperature. This 104 degree temperature
ceiling is required under the building code. This installation will require additional structural steel to handle
the weight of the unit. In addition a significant amount of electrical work and control wiring needs to be
done. The contractor has agreed to do this work for $52,258.19.
During construction, it was discovered that several exposed structural steel members had sharp edges in
areas that were accessible to the general public. The contractor has agreed to grind down and chamfer
these edges for the lump sum price of $521.26.
During fire inspection, it was discovered that no smoke detectors had been planned for the arena bowl
area of the Ice Center. These detectors are required by the fire code. The contractor has agreed to install
these smoke detectors for the lump sum price of $12,754.19.
Protective caps need to be installed on the concrete mounting pads for the transformer and evaporative
condenser units. These caps are necessary in order to protect the roofing material in this area. The
contractor has agreed to install these caps for the lump sum price of $537.17.
Two "fire alarm tamper switches" need to be installed on the backflow preventor. This work is not shown
on the plans but is necessary to be in conformance to the fire code. The contractor has agreed to do this
work for $1,680.14.
Due to the installation of kitchen facilities to meet the needs of the concession stand operator, the fire
sprinklers in the kitchen area need to be modified. The contractor has agreed to do this work for $287.50.
During construction, it was determined that the resinous flooring material specified for the shower areas
needed to be applied as coving along the wall instead of the planned rubber coving. The installation of the
resinous coving will make the floor and coving area a continuous application thereby increasing the
waterproofing of this area. The contractor has agreed to install the resinous coving for $2,300.00.
During the installations of the wall mounted door stops, it was discovered that this application could cause
breakage of exterior tile. As such, overhead type door stops need to be purchased and installed. The
contractor has agreed to perform this work for $1,042.95.
During construction, it was noticed that the hardware shown on the plans for storage of hockey sticks
would not serve this purpose in either strength or configuration. The contractor has agreed to install
modified hockey stick racks in all of the locker rooms for an additional $483.00.
Rick_M @ Construction
12/2/2003 9:50:01 AM
G:\GROUPDA'i~ADMINRPT~-O003~I 2-10'~akersfield Ice Center CCO4.dcc
ADMINISTRATIVE REPORT
During construction, SMG indicated that the planned skate rental cabinets to be installed in the skate
rental room were not consistent with their needs in this area. The contractor has agreed to credit the City
in the amount of $2,300.00 to delete these cabinets from the contract.
The contractor identified a "Low-E" ceiling insulation product and application that would be less expensive
to install while still providing ail of the insulation value. The contractor has agreed to credit the City in the
amount of $5,000.00 for installing this modified "Low-E" ceiling.
The contractor proposed the installation of industrial grade plastic for the toilet partitions instead of the
specified stainless steel partitions. These industrial grade partitions provide ail of the durability of the
stainless steel partitions. The contractor has agreed to credit the City in the amount of $3,279.00 for this
change.
The plastic laminated counter to be installed in the kitchen area needs to be deleted from this contract.
This counter will be installed by City crews as part of the installation of the other counters being installed
for the concession operations. The contractor has agreed to credit the City in the amount of $600.00 for
the deletion of this counter.
Due to the numerous changes to the building, substantial completion of the building (which gives the City
and SMG full use of the facility) will be achieved on December 12, 2003. Liquidated damages in the
amount of $10,000.00 per calendar day will be assessed for each and every day that substantial
completion exceeds this date.
These change order items will increase the current contract amount by $85,970.46. The cumulative
change orders to date on this project reflect a net increase of $55,569.63 as illustrated below:
· Original Contract Amount = $5,490,000.00
· Amended Contract Amt after Change Orders = $5,545,569.63
· Net Increase = $ 55,569.63
Adequate contingency funds are available to cover this net increase.
Rlck_M @Construction
12/2/2003 9:50:01 AM
G:\GROUPDAT~ADMINRP~3\t 2-10\Bakersfield Ice Center CCO4 doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar
ITEM: 5. CC.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 17, 2003
APPROVED
DEPARTMENT HEAD ,/~,~.,~'~
CITY MANAGER
SUBJECT:
Accept bid from Central Valley Truck Center $1,706,426.87 for six (6) replacement and
three (3) additional Side Loading Automated Refuse Trucks for Solid Waste Division of
Public Works, reject all other bids, and appropriate $220,671 State Grant to the Equipment
Management Fund.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: Invitations to bid on refuse trucks (side loading, front loading, and roll off) were sent to
eighteen (18) vendors. After reviewing the bids, staff recommends awarding the bid for side loading trucks
only. Four (4) vendors responded with bids on the side loading refuse trucks, however only one (1)
vendor met the minimum specifications.
A grant from the San Joaquin Valley Air Pollution Control District has been approved in the amount of
$220,671 to partially fund the purchase. With the purchase of these nine LNG refuse trucks, the alternate
fuel vehicle percentage would increase to approximately 10% of the total fleet of rolling stock. The grant
proceeds will be received by the City on a reimbursement basis after the trucks are pumhased. The
balance of funds are available in the Equipment Management budget.
Acceptable bids were received as follows:
Central Valley Truck Center
2707 S. East Avenue
Fresno CA 93725
Autocar truck
Bridgeport body
in the amount of
$1,706,426.87
Central Valley Truck Center
2707 S. East Avenue
Fresno CA 93725
Autocar truck
Hell body
in the amount of
$1,730,278.19
Purchasing Division
DW:Ijm
S:~ADMIN_O30226_Refuse trucks- side loaders.doc
December 2, 2003, 1:41PM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~R ..~-1c-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 19, 2003
APPROVED
'~DEPARTMENT HEAD
CITY MANAGER ~'-~'~
SUBJECT:
Accept bid from Gibbs International Truck Centers $102,267.17 for one (1) additional
Knuckle Boom Trash Loader Truck with Dump Body for Solid Waste.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: Invitations to bid were sent to thirty-four (34) vendors. Four (4) bids were received, as
follows:
Gibbs International Truck Centers
3525 Buck Owens Boulevards
Bakersfield, CA 93308
Central California Kenworth
2900 Gibson Street
Bakersfield, CA 93308
Reynolds Buick/GMC Trucks
675 South Citrus Avenue
Covina, CA 91723
(City) in the amount of $102,267.17
(County) in the amount of $107,045.15
in the amount of
$109,007.58
Central Valley Truck Center
2707 South East Avenue
Fresno, CA 93725
in the amount of
$114,221.25
Purchasing Division
DW:~jm
P:~ADMIN~003 ADMIN\C03_1210_B_Knuckle Boom Trash Loader.doc
Novernber 19, 2003, 8:50AM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
IAGENDA SECTION: Consent Calendar
ITEM: 5. C~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Kiimko, Finance Director
November 21,2003
APPROVED
'~DEPARTMENT HEAD x'~/~
CITY AI-I'ORNL~//~'~
CITY MANAGER ~
SUBJECT:
Accept bid from Applied Technology Group, Incorporated $39,375.77 for Remote Station
SCADA (Supervisory Control and Data Acquisition) Radios for use in the Street
Maintenance division of Public Works. (Additional)
RECOMMENDATION: Staff recommends approval.
BACKGROUND: This equipment will be used to monitor and measure the water level in the sewer
system. Invitations to bid were sent to five (5) vendors. Two (2) bids were received, as follows:
Applied Technology Group, Incorporated
4440 Easton Drive
Bakersfield, CA 93309 (City)
in the amount of
$39,375.77
Microwave Data Systems
175 Science Parkway
Rochester, NY 14620
in the amount of
$60,617.70
Purchasing Division
DW:Ijm
P:~,DMIN~003 ADMIN\C03_1210_F_Remote Station SCADA Radios.doc
November 21, 2003, 11:51AM
ADMINISTRATIVE REPORT
MEETING DATE December 10,2003 AGENDA SECTION: Consent Calendar
ITEM: ~). ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gene Bogart, Water Resources Manager
November 24, 2003
APPROVED
DEPARTMENT HEAD~/~,~.~
CITY ATTORNEY
CITY MANAGER ~
Accept bid from Barnett Vandyne Construction Incorporated in the amount of
$466,129.30 for construction of the "2800 Acres Well Field Pipeline Extension" for
the Water Resources Department, (Ward Number 4)
RECOMMENDATION: Staff recommends acceptance of Iow bid.
BACKGROUND: This project will connect existing water wells (Olcese #1and #2) in the City's "2800
Acres" via pipelines to the City's 36" Interface water main transmission for delivery of domestic water
to serve the current and future demands of the domestic water system.
Funding for this project is available in the City's Water Resources Department Capital Improvement
budget.
Fourteen bids were received on November 18, 2003 for this project, as follows:
Barnett Vandyne Construction Inc.
P.O. Box 4270
Lancaster CA 93539 (Out of County) .......................................... in the amount of: $466,129.30
Becka Construction Inc.
5400 Rosedale Highway
Bakersfield CA 93308 ............................................................. in the amount of: $467,874.38
Choctaw Contractors Inc.
13340 California Street Suite G
Yucaipa CA 92399 (Out of County) ............................................ In the amount of: $472,825.00
W. M. Lyles Company
P.O. Box 1477
Fresno CA 93744 (Out of County) .............................................
in the amount of: $473,936.70
November 21, 2003, 1:04PM
S:\2003 ADMIN RPTS\admin121703 bid BVCONST,doc
ADMINISTRATIVE REPORT
Nicholas Construction
1975 Airport Drive
Bakersfield CA 93308 .............................................................
in the amount of: $481,757.00
Drexal Power Inc.
1830 Brundage lane
Bakersfield CA 93304 .............................................................
~n the amount of: $491,832.00
Solid Construction Inc.
3413 Ginseng Lane
Bakersfield CA 93309 .............................................................
the amount of: $503,152.00
Mauldin-Dorfmeier Construction Inc.
3420 Millbrook
Fresno CA 93728 (Out of County) .............................................
~n the amount of: $505,039.00
Temco
24805 Rosepark Ct.
Newhall CA 91321 (Out of County) ........................................... in the amount of: $519,320.00
ARB Inc.
3500 Pegasus Drive
Bakersfield CA 93308 ............................................................. in the amount of: $523,831.00
Sierra Cascade Construction Inc.
P.O. Box 5300
Lancaster CA 93539-5300 (Out of County) .................................
~n the amount of: $531,733.50
HPS Mechanical Inc.
3100 East Belle Terrace
Bakersfield CA 93307 .............................................................
~n the amount of: $571,648.00
Papich Construction
616 Printz Road
Arroyo Grande CA 93420 (Out of County) .................................
in the amount of: $591,832.00
B&H Maintenance and Construction Inc.
8200 Stockdale Highway
Bakersfield CA 93311 .............................................................
~n the amount of: $597,147.00
SFC
11/20/03
November 21, 2003, 1:04PM
S:\2003 ADMIN RPTS\admin121703 bid BVCONST.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~. i~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 2, 2003
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITYMANAGER
Martin Luther King Jr. Park Pool Rehabilitation (Ward 1):
1. Accept bid to award contract to California Commercial Pools, Inc. ($730,000.00) to
construct Martin Luther King Jr. Park Pool Rehabilitation.
Transfer $175,000 Community Development Block Grant (CDBG) Business Loan Funds
from the Operating Budget and appropriate $100,000 Southeast Project Area Funds
balance to the Capital Improvement Project Budget.
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract, and approval of
transfers and appropriations.
BACKGROUND: In June 2000, Recreation and Parks commissioned a report on the condition of the City's
swimming pools. That report identified many health and safety code, and building code violations to the
above referenced pool that was constructed in 1957. In addition the office and a portion of the restroom
building were damaged in a fire in July 2003. Council awarded the design firm of Aquatic Design Group,
Inc., at their June 25, 2003 meeting, a contract to prepare plans and specifications for the rehabilitation of
this pool.
Prior to advertising this project for construction bidding, staff conducted prequalifications of general
contractors for this project with bNO contractors being approved to bid this project. This project will
reconstruct Martin Luther King Jr. Pool to meet all current code requirements and will allow greater year
round use of the pool. Competition events will be available in the 25 yard pool while non-swimmers wilt
have access to the shallow "ell" end of the pool.
Construction is scheduled to begin on January 5, 2004 with completion of construction by the end of May,
2004. This will allow for a full summer of activities since the rehabilitated pool will have underWater
illumination, a shade structure and expanded restroom facilities.
Funding for this project is provided by Community Block Grant Funds and Southeast Project Area Funds.
December 2, 2003, 10:46AM
G:\GROUPDA'F~ADMINRPT~2003\12-10\Martin Luther King Jr. Park Pool Rehabilitation.doc
ADMINISTRATIVE REPORT
One acceptable bid was received on November 25, 2003 as follows:
California Commercial Pools, Inc.
2255 East Auto Center Drive
Glendora, CA 91740
(Outside City)
in the amount of
$73O,0OO.OO
The other approved contractor did not submit a bid because he was unable to obtain a bond.
December 2, 2003, 10:46AM
G:\GROUPDAT~ADMINRPT~.003\I2-10'uMartin Luther King Jr. Park Pool Rehabilitation.doo
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
rAGENDA SECTION: Consent Calendar
ITEM: ~ ...~.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ,,/~/
DATE: December 2, 2003 CITY A'I-rORNEY
CITY MANAGER
SUBJECT: Reject bid for Jefferson Park Pool Rehabilitation Project (Ward 2).
RECOMMENDATION: Staff recommends rejection of bid.
BACKGROUND: In June 2000, Recreation and Parks commissioned a report on the condition of the City's
swimming pools. That report identified many health and safety code, and building code violations to the
above reference pool, that was constructed in 1937. Council awarded the design firm of Aquatic Design
Group, Inc., at their June 25, 2003 meeting, the contract to prepare plans and specifications for the
rehabilitation of this pool.
Prior to advertising this project for construction bidding, staff conducted prequalifications of general
contractors for this project with two contractors being approved to bid this project. This contract would
have reconstructed Jefferson Pool into two separate pools that would meet all current code requirements.
The competition pool would continue to provide schools and clubs with a 25 yard competition pool
featuring the new rim flow gutter system. The swimming pool would have a three foot depth area to allow
smaller children and non-swimmers a safe place for water activities.
Funding for this project was to be provided by Park Improvement Funds and Community Block Grant
Funds. The one bid received is significantly higher than the Engineer's estimate of $1,150,000.00. Staff
recommends reevaluating this project and re-advertising it at a later date.
One bid was received on November 25, 2003 as follows:
California Commercial Pools, Inc.
2255 East Auto Center Drive
Glendora, CA 91740
in the amount of
$1,531,000.00
The other approved contractor did not submit a bid because he was unable to obtain a bond.
December 2, 2003, 10:59AM
G:\GROUPDATC, DMINRPT~.003\12-10~efferson Park Pool Rehabilitation.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar
ITEM: 5. I~K.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 21, 2003
DEPARTMENT HEAD //~OVED
ClTY ATTORNEY~-~,._..)
ClTY MANAGER ~
E~endbidfrom RehrigPacific, lnc. topurchase3,254bluecartsfor$129,126.86forthe
Solid Waste Division.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: At the July 9, 2003 meeting, the City Council awarded the bid for the purchase of
refuse, greenwaste and recycling carts from Rehrig Pacific. The bid specifications included the provision
for the City to purchase up to 6,000 blue recycling carts.
At the time the bid was awarded, only 2,746 blue carts were purchased which was to cover city-serviced
routes only. The additional 3,254 recycling carts are needed for routes serviced by Metropolitan RecycJing
Corporation (MRC). Agreement No. 03-152 between the City and MRC states that the City shall provide
each residence receiving automated curbside service from a MRC contractor with a blue cart. Sufficient
funds are budgeted for this purchase. No additional appropriations are necessary.
November 19, 2003, 4:03PM
G:\GROUPDAT'~ADMINRPT~2003\12-10~Admin Purchase of Blue Recycling Carts.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calender
ITEM: 5. ii.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
AP. EROVED
DEPARTMENT HEAD
November 24, 2003 CITY A'I'rORNEY
CITY MANAGER
Accept bid to award contract to Performance Electric Company in the amount of $83,469.00
for the Fire Station #1 Electrical Renovation. 0Nard 2)
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: This project consists of removing and replacing otd wiring and distribution panels,
particularly in the Apparatus Room and Dormitory, that date back to 1939 and have components that are
beginning to fail. This project also includes rearranging lighting layout to be more energy efficient and will
enhance the operations of the fire station by removing electrical outlets that are non functioning and
adding electrical outlets where they are most needed. This project will also supply the necessary 240 volt
and 3-phase power for other new equipment that is to be installed under a separate contract. The
Engineer's estimate for this project was $99,000.
Three acceptable bids were received on May 29, 2002 as follows:
Per[ormance Electric Co
1200 James Road
Bakersfield, Ca 93308 (County)
In the amount of
$83,469.00
Leo Black Electric, Inc
1420 James Road
Bakersfield, Ca 93308 (County)
In the amount of
$92,9OO.0O
Bronco Electric, Inc
1711 Art Street
Bakersfield, Ca 93312 (County)
In the amount of
$161 884.00
PW Engr REB
November 24, 2003, 1:58PM
S:\PROJECTS~JB\Fire Sta 1 Elect~,DMIN-RPT.DOC
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
IAGENDA SECTION: Consent Calendar
ITEM: ~). ml71.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
November 21, 2003
APPROVED
DEPARTMENT HEAD
CITY MANAGER
SUBJECT:
Award annual contract to Jim Alfter Cement Contractor, not to exceed $359,000.00, for
HUD funded concrete construction.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: This contract is used for construction of curbs, gutters and sidewalks in the areas of the
city receiving HUD funding. Bid packages were provided to six (6) vendors. Two (2) bids were received.
The unit prices of the two (2) bidders were compared to determine the Iow bidder, and the lowest prices
were offered by Jim AIfter Cement Contractor.
Purchasing Division
DW:ljm
P:~ADMIN~003 ADMIN\C03_1210_E_AC HUD Curb Gutter & Sidewalk.doc
November 21, 2003, 10:44AM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~. rill,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 24, 2003
AP~(/~OVED
DEPARTMENT HEAD
CITY ATTORNEY~.~/~
ClTY MANAGER
Award consultant contracts for 3 sewer improvements projects to the following three
firms:
1. Consultant's Agreement ($123,325) with Meyer Civil Engineering, Inc. for Design
Services for Allen Road Sewer Improvements Project (Ward 4).
2. Consultant's Agreement ($106,000) with Quad Knopf, Inc. for Design Services
for Stockdale Hwy Sewer Improvements Project (Ward 4).
3. Consultant's Agreement ($274,000) with Ruettgers & Schuler Civil Engineers for
Design Services for Planz Road Sewer Improvements Project (Ward 1).
RECOMMENDATION: Staff recommends approval of all agreements.
BACKGROUND: In September 2003, staff began the Qualification Based Selection process of
selecting three design consultants for three City sewer improvements projects. A Request for
Qualifications was sent to interested firms, resulting in submittals of Statements of Qualifications
from the following six (6) firms: Boyle Engineering Corporation, CSD Engineering dba Cannon
Associates, Meyer Civil Engineering, Inc., Quad knopf, Inc., Ruettgers and Schuler Civil Engineers,
and Willdan.
As a result of reviewing those submittals, staff recommended inviting the following five (5) firms to
prepare fee proposals for the City projects and to make an oral presentation to staff: Boyle
Engineering Corporation, CSD Engineering dba Cannon Associates, Meyer Civil Engineering, Inc.,
Quad knopf, Inc., and Ruettgers and Schuler Civil Engineers. On November 21, staff conducted
interviews with these firms.
On November 24, the Selection Committee, consisting of three Public Works staff members,
evaluated each firms' qualifications, the firms' interview presentations, and the fee proposals
submitted by those firms. Based on their combination of qualifications, presentations, and fee
proposal being the most favorable for the City, the Committee recommends that the three design
consultants each be awarded a City sewer improvements project as determined by staff.
DC PW Design Section
November 25, 2003, 8:55AM
G:~GROUPDAT~ADMINRPT~2003\12-10\Consultant for 3 sewer imprv projects.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM: ~j. OO.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 19, 2003
DEPARTMENT HEAD A~,~_~ED
CITY A'I-rORNEY~_~/~c.~''~
CITYMANAGER ('.~/-~--~
Appropriate $80,000 Gas Tax Fund Balance to the Capital Improvement Budget for
engineering design services and purchase of signal equipment for the Traffic Signal and
Lighting Installation at Brimhall Road and Windsong Street Project (Ward 4).
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: This project consists of installing a traffic signal lighting and interconnect system,
pavement markings, signage, and sidewalk installation at the intersection of Brimhall Road and Windsong
Street.
This appropriation wilt fund the on call consultant engineering design services for the design, bidding and
construction engineering phases of the project as well as appropriate funding to purchase the project
traffic signal equipment.
Funds for the installation of the signal and lighting system will be requested in the CIP budget for next
fiscal year.
December 1,20031 '~ 1:50AM
G:\GROUPDAT'~ADMINRPT'~.003\12-10~ADMINFORM WINDSONG BRIMHALLdoc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
TEM: 5.p .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Eric W. Matlock, Chief of Police
December 2, 2003
APPROVED
DEPARTMENT HEAD
c,TY A O..EY
CITY MANAGER
Appropriate $261,096 COPS grant revenue to the Police Department Operating Budget in
the General Fund for (8) eight additional police officers for the Community Oriented Policing
Services (COPS) In Schools program.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
The City has received a grant in the amount of $1,000,000 from the U.S. Department of Justice, Office of
Community Oriented Policing Services (COPS) for (8) eight new, additional police officers. The amount
awarded is for a three-year grant period and the officers are required to be deployed to work in and around
primary and secondary schools. The officers will be deployed in each of the EastNVest command areas;
and will be responsible for law enforcement, school resource, and D.A.R.E. instruction at various schools
within the geographic area. The appropriation of $261,096 is necessary to pay for the additional officers
through the current fiscal year. The award ending date is July 31,2006.
rcu
December 2, 2003, 1:54PM
P:~ADMRPT~COPS In Schools Program.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ F'
DATE: November 21, 2003 CITY ATTORNEY 'L/'~--
CITY MANAGER ~(~
SUBJECT:
Jefferson Park Improvements:
1) Community Development Block Grant (CDBG) Action Plan Amendment No. 8 (FY
02/03). (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendment affects CDBG program funds. This amendment will
reallocate $142,000 of CDBG funds from FY 02/03 to replace new playground equipment at Jefferson
Park to the rehabilitation of the Jefferson Park pool.
AMENDMENT NO. 8 FY 02/03 ACTION PLAN - B-02-MC-06-0510
Project ID Available Budget Revised
Project Title & Description Activity Code/ Amount of Changes Total
Citations Funds Funding
Delete
$142,300 ($142,000) $300
Jefferson Park Playqround Improvement
Prolect Remove existing playground
equipment and replace new equipment with
rubberized surfacing. (Ward 2)
03 F Parks,
Recreational Facilities
570.201 (c)
Add
Jefferson Park Pool Rehabilitation $0 $142,000 $142,000
Improvement Project Improvements include
adjust well inlets, new decking, pump, filtration
system and ADA improvements. (Ward 2)
03 F Parks,
Recreational Facilities
570.201 (c)
A public notice was published October 27, 2003 to begin the 30-day public comment period for this
amendment. To date no comments have been received.
S:~,dmins\City Council\action plan amendment 12-I0-03 doc
11/21/2003 3:24 PM
IM~.r- I lNG DATE:
ADMINISTRATIVE REPORT
December 10, 2003 I AGENDA SECTION: Consent
ITEM: ,~. IFF',
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~
/ ?
DATE: December 2, 2003 CITY ATTORNEY ,~'-/'~-~
CITY MANAGER ~
SUBJECT:
Transfer the issue of park fee credit for open space in multi-family projects with four or less
units for developer required public parkland from the Budget and Finance Committee to the
Planning and Development Committee.
RECOMMENDATION: Budget and Finance Committee recommends approval.
BACKGROUND: The issue of Park Fee Credits was discussed at the council meeting of December 11,
2002. During the meeting, Vice-Mayor David Couch referred the issue of park fee credit for open space in
multi-family projects with four or less units for developer required public parkland to the Budget and Finance
Committee for additional review.
Subsequently, city staff met with representatives from both the Building Industry Association (BIA) and
North Bakersfield Recreation and Park District (NBRPD) to discuss the issue and make a recommendation
to the Budget and Finance Committee. At the November 24th Budget and Finance Committee meeting, this
park fee credit issue was discussed and it was concluded that it would be more appropriate to transfer it to
the Planning and Development Committee since that Committee is already reviewing similar issues
involving park fee credits. Therefore, the majority of the Committee (with Councilmember Salvaggio
absent), recommends transferring this issue to the Planning and Development Committee.
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Workshop
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
December 2, 2003
Budget Update
DEPARTMENT HEAD
ClTY ATI'ORNEY ~'~
CITY MANAGER ~
APPROVED
RECOMMENDATION:
BACKGROUND: There will be a brief update on the budget by City Manager, Alan Tandy.
December 2, 2003, 9:57AM
S:\Admin Rpts~003\Budget Update 121003.dot
JWS:al
ADMINISTRATIVE REPORT
MEETING DATE: December 10. 2003
AGENDA SECTION: Closed Session
ITEM: q. 0,,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ginny Gennaro, City Attorney
November 24, 2003
DEPARTMENT HEAD
CITY ATTORNEY ~'~2
ClTY MANAGER ~
APPROVED
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
City of Bakersfie/d v. SPCA, et a~
Kern County Superior Court
RECOMMENDATION:
BACKGROUND:
GG:dll
November 24, 2003, 3:18PM
MEETING DATE:
ADMINISTRATIVE REPORT
December 10, 2003
AGENDA SECTION: Hearings J
ITEM: (~. ~.
I
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
November 26, 2003
APPROVED
DEPARTMENT HEAD ,'~-~
CITY ATTORNEY.,._~..~'-''~
CITY MANAGER ~
Public hearing to consider public testimony on the proposed annexation of inhabited
territory to the City of Bakersfield called "Froe~ich Ranch", property identified as Annexation
No. 455 located west of Allen Road, north of Palm Avenue. (Ward 4).
RECOMMENDATION: Staff recommends receipt of testimony and approval of a Resolution of
Application on January 14, 2004.
BACKGROUND: Property owners within the neighborhood called Froelich Ranch located west of
Allen Road and north of Palm Avenue requested annexation information from City staff several months
ago. To gauge interest from all the residents, staff sent a letter and interest card to residents and property
owners in the neighborhood. Of the 86 cards sent out to property owners and residents, we received 42
responses. Of that number, 36 indicated they were interested in receiving more information, either
through an informational meeting or by personal contact with City staff. Six indicated they were not
interested. During this process, a property owner contacted City staff about hosting a neighborhood
meeting.
On October 14, 2003, Councilmember David Couch and City staff met with neighbors at a property
owner's home to discuss the various aspects of annexation. In advance of the meeting, a flyer was
delivered to residents by this property owner. Also included with the flyer was Frequently Asked
Questions (FAQ) on Annexation. The outcome of the meeting was positive on the issue of annexation, so
staff informed the residents that at least one noticed informational meeting at a public facility was
necessary to comply with the City's Annexation Policy.
On November 6, 2003, Councilmember Couch and City staff again met with the neighborhood to answer
questions from the previous meeting and determine what direction the neighborhood wanted to take. To
comply with the City's Annexation Policy, this meeting was held in a nearby church a few blocks away
from the neighborhood. After the meeting the property owners expressed overwhelming support to
proceed with annexation of the neighborhood.
November 26, 2003, 11:47AM
S:~AC~Annexation\The Palms-Froelich Ranch\Palms-Froelich Ranch Hearing 121003.dot
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Page 1
ADMINISTRATIVE REPORT
A notice of this public hearing was sent by the City Clerk's Office to the property owners of the territory on
November 17, 2003, and published in the Bakersfield Californian on November 20, 2003. The individual
notification and legal notice were mailed and published no later than 20 days prior to this hearing. Along
with the mailed legal notice, an interest card was sent that residents may return to the City Clerk, which is
in accordance with the City's Annexation Policy.
Should support on the annexation continue from the property owners of the neighborhood, staff would
recommend that a Resolution of Application be considered at the next regularly scheduled City Council
meeting on January 14, 2004, in compliance with the City's Annexation Policy. If approved by the City
Council, the Resolution of Application would be submitted to the Local Agency Formation Commission
(LAFCO). Since it is an inhabited annexation and staff has not received 100% consent from the property
owners of the territory, LAFCO will hold a protest hearing at the end of the annexation process.
Once submitted to LAFCO, the annexation process is governed by state law. LAFCO will send a copy of
the application for review by responsible agencies, and the County Assessor's Office will gather property
owner information for LAFCO. Then LAFCO will conduct their hearing on the annexation. LAFCO will take
about six months to process the annexation.
This is a public hearing to take testimony from the neighborhood to determine their interest in annexation.
The Policy states that there is 15 minutes for each side with a 5-minute rebuttal period. Aisc, the City
Clerk has received interest cards from individuals from the area expressing their opinion about annexation.
Because cards are still coming in, the results will be available at the meeting.
Attached are copies of 1) public hearing notice sent to the residents, 2) public notice printed in the
Bakersfield Californian, 3) the City Annexation Policy, and 4) all materials provided to residents at
neighborhood meetings.
November 26, 2003, 11:47AM
S:\AC~Annexation\The Palms-Fmelich Ranch\Palms-Froelich Ranch Hearing 121003.dot
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Page 2
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Hearings
ITEM: O1.
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~
DATE: November 26, 2003 CITY A'I'rORNEY
CITY MANAGER ~
SUBJECT:
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 cancellation of the hearing.
BACKGROUND:
This hearing was originally scheduled for the November 5~h Council meeting at which time it was continued
to December 10, 2003. Subsequently, staff has received correspondence requesting to withdraw the
hearing.
S:~Admins\City Councii~TEFRA hearing social urban villiagecancel.doc
11/26/2003 9:11 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
IAGENDA SECTION: Hearings
ITEM: (4. C.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 25, 2003
APPROVED
DEPARTME.T.EAD / -/
CITYATTORNEY l/~
CITY MANAGER ~
Resolution approving the appeal and adopting the Negative Declaration and approving
Vesting Tentative Parcel Map No. 11001 located on the southeast corner of State Route
178 (24th Street) and Oak Street. (Engineer- Mclntosh & Associates/Subdivider - Berkshire
Properties, Inc.) (Ward2)
RECOMMENDATION:
Staff recommends adoption of the resolution approving the appeal and adopting the Negative
Declaration and approving Vesting Tentative Parcel Map No. 11001.
BACKGROUND:
This proposed tentative parcel map consists of 6 parcels on 4.5 acres for purposes of office
development, zoned C-O (Professional and Administrative Office Zone) and is located on the
southeast corner of State Route 178 (24th Street) and Oak Street. No development plans have
been submitted.
On October 16, 2003, the Planning Commission arrived at a split vote (3-3 tie) on this project. By
act of Law, the project was therefore denied. The staff report had recommended approval. No one
spoke in opposition to the proposed project.
The applicant, Roger Mclntosh, on behalf of Berkshire Properties, Inc. (Tom Carosella) appealed
the denial by the Planning Commission.
Discussion at the Planning Commission focused on transportation impacts, as described below:
· The intersection of 24~h and Oak Streets is under CaITrans jurisdiction. Conditions for additional
dedications, lanes, and limitations to traffic movements were proposed by CalTrans.
· CalTrans stated in correspondence dated October 15, 2003, that the proposed conditions would
"improve operations over existing conditions, but the level of service would remain "F."
Turn movements into and out of the project would be right in/right out only. No left turns into or
out of the project site are allowed. Two access points are allowed off of Oak Street and one off of
24th Street.
ADMINISTRATIVE REPORT Page2
The Public Works Department is initiating a long term solution for the intersection of 24th and Oak
Streets. A study will soon begin to evaluate the construction of an urban interchange at this
intersection. The interchange would be designed to include extending Oak Street north across the
Kern River and access to Highway 99. It is likely that some or all of the property of the parcel map
will need to be acquired for the interchange. However, until studies are completed and design
concepts approved, there is no means to require reservation of the property for the interchange.
As referenced in the attached minutes of the Planning Commission meeting, three Commissioners
were of the opinion they had insufficient traffic information to evaluate the impacts on
transportation facilities in the vicinity of the project, and on the neighborhood located to the east of
the project. A limited traffic study was completed for purpose of an Air Quality Impact Analysis but
a full traffic study was not required because the project was consistent with the commercial office
land use designation of the General Plan, which was evaluated as part of the Metropolitan
Bakersfield General Plan Update. This land use is modeled in the RTIF traffic model for full
mitigation through the traffic impact fee.
Commissioners EIlison, Lomas, Spencer voiced concerns about the possible traffic impacts on the
residential neighborhood east of the project site resulting from "short cut" traffic wanting to go south
from the project. Direct southerly movements would not be permitted from the site because of the
right in/right out restrictions mentioned earlier.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment. A Negative Declaration was prepared. The
environmental assessment and proposed Negative Declaration were submitted to the State
Clearinghouse for a 30-day minimum review period commencing July 22, 2003 and ending August
20, 2003 (SCH # 2003071135).
JM: Jeng (S:\TRACTS\0001~cc~admin.doc)
November 24, 2003 2:05 pm
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003
AGENDA SECTION: Hearings
ITEM: ~.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
November 17, 2003
DEPARTMENT HAD~_~../J-/¢..
Resolution upholding the decision of the Planning Commission approving Vesting
Tentative Tract Map 6234 and the Negative Declaration, denying the appeal by the Sierra
Club located south of Reina Road, north of Noriega Road and west of Old Farm Road.
(Engineer-SmithTech U.S.A., Inc.; Property Owner/Subdivider- Jim Gardiner). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution upholding the Planning Commission's decision
approving the Negative Declaration and Vesting Tentative Tract Map 6234 and denying the appeal.
BACKGROUND:
On October 16, 2003, the Planning Commission adopted Resolution No. 150-03, conditionally
approving Vesting Tentative Tract Map 6234 proposed by SmithTech U.S.A., Inc. Engineering,
the applicant representing Jim Gardiner, property owner. Tract 6234 is located south of Reina
Road, north of Noriega Road and west of Old Farm Road. Gordon I. Nipp, of the Sierra Club filed
an appeal to the Planning Commission's approval of Tract 6234 and Negative Declaration on the
grounds that cumulative impacts to air quality and traffic are significant.
Tract 6234 is a proposed phased subdivision consisting of 326 lots for the purpose of single family
residential development, a sump lot, and a 2.06 acre drill site on 100.02 acres zoned for single
family residential.
The Initial Study is attached in the material labeled "Background Material for Tract 6234." The
studies include an "Air Quality Study" by W.Z.I., Inc. As a result of this study mitigation measures
were not required to reduce the impacts of this development to below the thresholds of significance
established by the San Joaquin Valley Air Pollution Control District, but were included as
Conditions of Approval for the project in an effort to bring the area's air quality into attainment.
The City's Traffic Engineer determined that a traffic study was not necessary for the proposed
subdivision. The subdivision is bounded by, and has access to three major streets, two collectors
and one arterial street. Cumulative impacts for buildout of the project were considered in the
Metropolitan Bakersfield General Plan Update (2002). The project did not include a change in land
use.
ADMINISTRATIVE REPORT Page2
The proposed project is covered by the Incidental Take Permit PRT-786634 issued as a result of
the Metropolitan Bakersfield Habitat Conservation Plan approval. Compliance with this permit and
associated implementation agreement constitutes full mitigation for Federally Protected Species,
State Protected Species and Species of Concern. No separate biological assessments are
necessary for this project.
During the October 16, 2003 public hearing before the Planning Commission, no one spoke in
opposition to this project.
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 Declaration 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 September 22, 2003, which is the date the application was deemed complete.
Based on the above information, Staff recommends the Council uphold the Planning Commission's
decision to approve the tract with conditions and mitigation measures, adopt the Negative
Declaration, and deny the appeal by the Sierra Club.
LP
(Admin\12-10-6234)
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Hearings
ITEM: ~. 4.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
December 2, 2003
//~PP~OVED
DEPARTMENT HEA~..~
A ORNE 'J--
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 located on the south side of Paladino Drive, west of Morning Drive (Subdivider -
Blumer Development, Owner - Ralph W. Miller, Trustee). (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
Patadino 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
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\l 2-10-6191
ADMINISTRATIVE REPORT
MEETING DATE: December 10, 2003 AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
December 2, 2003
~AEPFU~/ED
DEPARTMENT HEAD~
C,TY ATTORNEY~'
CITY M ANAG E R / '""'/?~"~-~----~
SUBJECT: General Plan Amendment/Zone Chanqe 03-0764 (Ward 5)
MCMillan Albany, LLC has appealed the Planning Commission's denial of a proposed General Plan
Amendment and an ordinance 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 denial of the requested LR (Low Density Residential) land use designation
and denying the appeal.
Resolution adopting the Negative Declaration, upholding the Planning Commission's denial
of the requested R-1 (One Family Dwelling) zone designation and denying the appeal.
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 (One 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 designated HI (Heavy Industrial) and zoned M-3 (Heavy
Industrial).
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 description and nature of the SI (Service Industrial) and HI (Heavy Industrial) imply that
industrial uses allowed by such land use designations are not good neighbors for residential
property.
Service Industrial (SI) - Industrial activities which involve outdoor storage or use of heavy
equipment. Such uses produce significant air or noise pollution and are visually obtrusive.
Heavy Industrial (HI) - Large scale industrial activity which is usually land intensive and
incompatible with other land uses because of potential sever environmental impacts.
The following Land Use Element industrial development policies and M-3 zoning do not support
adjacent residential development.
Policy No.
Land Use Element Industrial Development Policy
32
Protect existing industrial designation from incompatible land use intrusions.
Noise Element
2
Prohibit new noise sensitive land uses in noise-impacted areas unless effective
mitigation measures are incorporated into project design to reduce to acceptable
levels.
3
Review discretionary industrial, commemial or other noise-generating land use
projects for compatibility with nearby noise-sensitive land uses.
M-3 Zoning
17.31.070 A. All buildings shall be located not nearer than 10 feet from the front property line.
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 and requested a December 10, 2003 hearing date which the Council
granted. The applicant provides the following information in support of GPA/ZC 03-0764.
1. A Mitigated Negative Declaration was prepared for the project.
ADMINISTRATIVE REPORT Page3
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.
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".
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.
(NOTE: Item No. 5 - Applicant is stating that Tract Map Nos. 6003 and 6042 were approved under
similar, but unlike, adjacent zoning (i.e. R-1 v. R-2), and by approval of such tracts, the City has
determined that industrial zoning is compatible with residential land uses. Tract Map Nos. 6003
and 6042 are both zoned R-2 and located along the south side of Krebs Road, the west side of
Mohawk Street and the Calloway Canal and east of Fruitvale Avenue. Along the east side of Tract
6003/Mohawk Street, the zoning is M-1 and M-3. Along the east side of Tract 6042, the zoning is
M-3. Along the south and west boundaries of Tract 6003 the zoning is M-3 while along the west
side of Tract No. 6042, the zoning is M-2 and M-3.
Tract map Nos. 6003 and 6042 are located within the boundaries of GPA/ZC 3-0482 for which an
EIR was certified by the City Council. This EIR contained mitigation measures which included but
not limited to ensuring the continued viability of oil production facilities, residential setbacks of 330
feet from heavy industrial uses or endpoint setback distances and remediation of oil contaminated
soil).
The GC/C-1 subject site was created by GPA 1-93 Segment VII/ZC 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\l 1-5-0764
ADMINISTRATIVE REPORT
MEE lING DATE: December 10, 2003
ITEM:
AGENDA SECTION: Hearings
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
December 3, 2003
DEPARTMENT HEAD_~~
CITYATTORNEY
CITYMANAGER
Public Hearing to consider Mill Creek Project: (Ward 2)
1) A Resolution approving the Negative Declaration, the Mill Creek Project, and the
Common Use Agreement with Kern Delta Water District.
2) A Resolution approving the Application for Grant Funds for the Urban Park Act of 2001
Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Act of 2002 for the Mill Creek Project.
3) An Agreement for Common Use of Kern Island Canal with Kern Delta Water District.
RECOMMENDATION:
Staff recommends conduct hearing, adopt resolutions, and approve the agreement.
BACKGROUND:
Mill Creek is a proposed linear park along the Kern Island Canal in downtown Bakersfield. This agenda
item consists of three separate items as referenced above.
These items are independent of each other and may be acted on separately or together at the pleasure of
Council.
Overview
The idea of making improvements in the area around Central Park is downtown Bakersfield is not new.
Community recommendations for such improvements were generated during the Greater Bakersfield
Vision 2020 process. These ideas were further refined in the Downtown Design Charrette, where
community members recommended extending park improvements along the Kern Island Canal. With the
passage of the State Urban Park Act in 2001, the City of Bakersfield has the opportunity to secure up to
$3 million toward such improvements.
The Kern Island Canal serves the agricultural needs of our community. Running over 20 miles in length,
the canal is owned by the Kern Delta Water District. The 1.5 miles of the canal, between Golden State
and California avenues, is where Mill Creek is targeted.
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ADMINISTRATIVE REPORT Page2
In 1871 the Kern Island Flour Mill was built on the Kern Island Canal and continued production until 1923.
Grain was processed and stored on the site until the 1952 earthquake. Hence, the term "Mill Creek" was
born.
Description of the proiect
The Mill Creek Project would transform the portion of the Kern Island Canal from Golden State Avenue to
California Avenue into a "natural" creek, with a walking path, public art, construction of a replica mill,
creation of a pond in Central Park, vacation of vehicular access rights on 17th Street at the Kern Island
Canal, and a common use agreement with Kern Delta Water District, the owner of the Kern Island Canal.
The existing canal is dirt lined and fenced. A dirt right-of-way lines both sides of the canal from Golden
State Avenue to 17th Street, then again from south of the Burlington Northern Santa Fe Railroad tracks to
California Avenue. This dirt right-of-way is used by Kem Delta Water District for pedodic maintenance of
the canal.
This right-of-way presents opportunities for adding park and recreation amenities along the canal.
However, making such improvements along the canal in its present state would interfere with canal
maintenance. This problem has been addressed in the design of the Mill Creek Project by lining the canal
with concrete. Concrete lining would virtually eliminate the need for canal maintenance.
Allowing public access along the canal in its present state would increase potential liability issues. This
problem has been addressed in the design of the Mill Creek Project through two separate efforts. First,
the swift current of the canal flow would be slowed. This would be done through the creation of a pond in
Central Park to allow the existing flow to be spread out over a larger area, thus reducing the speed of the
flow further south. A smaller pond would be located south of Central Park to assist in the slowing. The
feasibility of such ponds has been certified by a hydrology study conducted by Meyer Civil Engineering,
Inc. Second, the issues of liability will be reduced by not only a slower flow but by a restructuring of the
canal. This restructuring would widen and shallow the canal. This restructured canal would contain
obstacles, notable large boulders which, while conducive to a park or recreational setting, will deter the
public's entry into the canal water.
The length of the Mill Creek project, from Golden State to California avenues, makes it unlike most other
park or recreation areas. Therefore, for description purposes, the project has been divided into five
separate segments. Attached to this administrative report are concept plans that illustrate each segment.
From north to south, those segments are described as follows:
Segment One: Between Golden State Avenue and 21~ Street. This section would include a walking path,
lighting, landscaping, and public art.
Segment Two: Between 21~ and 19~ streets (Central Park), This section would include a pond, as
described earlier, walking paths around the pond, lighting, landscaping, and public art.
Segment Three: Between 19~h and 1~h streets. This section would include a smaller pond to assist with
the slowing of the water current, walking paths around the pond, lighting, landscaping, and public art.
Segment Four: Between 18~h Street and Truxtun Avenue. In this section, a replica of a Mill would be
constructed in the canal at 17~ Street, 17th Street would be vacated between "R" and "S" Streets, a public
plaza would be constructed on the vacated portion of 17th Street between the canal and "S" street. A
walking path, lighting, landscaping, and public art also would be included. For these improvements to be
made, Council would need to approve by resolution the vacation of this portion of 17th Street. However,
until such time as the necessary funds are secured for the Mill Creek Project, such a vacation request will
not be brought to Council for action.
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Segment Five: Between the Burlington Northern Santa Fe Railroad tracks and California Avenue. This
section would include a walking path, lighting, landscaping, and public art.
These segments are provided for illustrative purposes only and are separate and distinct from possible
phasing of the project's construction.
Sections One through Four are located within the Old Town Kern-Pioneer Redevelopment Area. Section
Five is located within the Southeast Bakersfield Redevelopment Project Area.
Estimated cost
Development of the Mill Creek Project would occur in phases over several years, based upon the
operations of the Kern Delta Water District and the securing of funds. Staff estimates the cost of the Mill
Creek Project to be approximately $10 million. No general funds are anticipated for the development of
Mill Creek. Major funding would be provided from a $3 million grant from the State of California
Department of Parks and Recreation through the Urban Park Act of 2001; authorization to direct staff to
apply for these funds is contained in Resolution #2 of this item.
Additional funds would be a combination of redevelopment tax increment, federal funds through a special
Economic Development Initiative (EDI), Transportation Development Act A,"ticle 3 Bike Path/Pedestrian
fund, Community Development Block Grant funds, park development fees, California Department of Water
Resources, the National Tree Trust, and other possible grant sources. A maintenance district would be
created to generate funds for the maintenance of the proposed improvements.
Public input
The proposed Mill Creek Project has been the subject of several public meetings. In addition, several
stories in the local news media have publicized the proposals and sought public comment.
Two community meetings were held in September. The first, September 25, was held at the Park Place
Apartments, a senior housing complex at 22~ and "R" streets, very near the proposed project.
Approximately 40 people attended. The second meeting, September 29, was held at the Bakersfield
Convention Center. Approximately 30 people attended this meeting.
At each of these meetings, participants were asked to identify unmet recreation and park needs in the
area, then to identify how the proposed Mill Creek Project could address them. This vibrant and
substantial community input was then reviewed by City staff members to help plan how the Mill Creek
project could best meet the needs and desires of the community.
In addition to the two public meetings, a workshop presentation was made before the City Council on
November 19.
Action Items
Three items are submitted for Council action and are detailed below.
1. Resolution of the City of Bakersfield approvinq the Neqative Declaration, the Mill Creek Proiect, and th~,
Common Use Aqreement with Kern Delta Water District for use of the Kern Island Canal.
This resolution contains three separate approvals:
a. Approval of the negative declaration,
b. Approval of the Mill Creek Project, and
c. Approval of the Common Use Agreement with Kern Delta Water District.
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Each of these items is described below.
a. Approval of the negative declaration
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 October 21,
2003. Staff has received a comment from the law office of Graham Vaage & Cisneros on behalf of
H.W. Lakeshore Pines Joint venture, owner of the property at 1400 "Q" Street in Bakersfield, which is
attached with the response from city staff.
b. Approval of the Mill Creek project
The Mill Creek Project was described in the first part of the Administrative Report.
c. Approval of the Common Use Agreement with Kern Delta Water District.
The resolution includes approval of the agreement. However, a separate approval of the agreement
itself is needed. Details of this agreement are included under Item #3 of this Administrative Report.
2. Resolution of the City Council of Bakersfield approvinq the filinq of an Application to Apply for Grant
Funds from the Urban Park Act 2001 Proqram under the California Clean Water, Clean Air, Safe
Nei,qhborhood Parks, and Coastal Protection Act of 2002 for the Mill Creek Project
The Urban Park Act provides an opportunity to secure up to $3 million in state bond monies for the Mill
Creek Project. A total of $130.6 million are available statewide to finance park and recreation acquisition
and development in areas least served by park and recreation providers, impacted by high unemployment,
and scarred by blight. This resolution authorizes staff to file an application for these funds. Staff plans to
apply for the maximum amount, $3 million. The completed application is due no later than January 15,
2004.
While a specific amount of matching funds is not specified, a match is required. Staff has identified
possible matching funds to be used for the Mill Creek Project; these funding sources were identified eadier
in this Administrative Report. However, the project will only go forward if the funds from the Urban Park
Act are received, sufficient matching funds are secured, and a maintenance district is in place.
3. An aqreement for Common Use of Kern Island Canal with Kern Delta Water District.
This agreement transfers the costs of operations, maintenance, and liability for the portion of the Kern
Island Canal between Golden State and California avenues from Kern Delta Water District to the City of
Bakersfield.
Staff representatives from Economic and Community Development, Water Resources, and the City
Attorney's Office met with representatives of the Kern Delta Water Distdct to discuss the proposed Mill
Creek Project. The positive response from district officials is evidenced in the approval by the district of
this agreement. With the approval of this agreement, the City of Bakersfield agrees that it will design,
construct, operate, maintain, and repair this section of the Kern Island Canal in a manner that will not
interfere with the use of the canal by Kern Delta Water District.
While the City of Bakersfield would own the facilities constructed as part of the Mill Creek Project, it will not
own any interest in the canal. The agreement maintains Kern Delta's rights, title, and interest in and to the
Kern Island Canal and its existing capability to transport water.
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