HomeMy WebLinkAbout01/28/04_CC_AGENDA_PACKETWELCOME TO YOUR CITY COUNCIL MEETING
ON BEHALF OF THE CITY COUNCIL, I WANT TO THANK YOU FOR A~-I-ENDING THIS MEETING. I HOPE YOU FIND THE FOLLOWING
INFORMATION HELPFUL. ADDITIONALLY, IN COMPLIANCE WITH THE "AMERICANS WITH DISABILITIES ACT," SHOULD YOU
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CONTACT MY OFFICE DURING REGULAR BUSINESS HOURS AT (661) 326-3767.
PAMELA A. McCARTHY, CMC
CITY CLERK
LEGEND
1 - Irma Carson, Councilmember, First Ward
2 - Sue Benham, Councilmember, Second Ward
3 - Mike Mag~]ard, Councilmember, Third Ward
4 - Harvey L. Hall, Ma}or
5 - David Couch, Vice-Ma}or, Fourth Ward
6 - Harold Hanson, Councilmember, Fifth Ward
7 - Jacquie Sullivan, Councilmember, Sixth Ward
8 - Mark Salvaggio, Councilmember, Seventh Ward
9 - Raul Rojas, Public Works Director
10 - Jack Hardisty, Develo[:)ment Services Director
11 - Alan Tand¥, City Manager
12 - Virginia Gennaml City Attorney
13 - Pamela A. McCarthy, City Clerk
14 - News Media
Your City Government
The City of Bakersfield is operated under the Council-Manager form of Government. The City Council is the legislative and policy-
making body of the City. The City Manager is the Chief Executive Officer responsible for the administration of City affairs. The
City Council is composed of seven members, elected from the seven separate wards of the City on a nonpartisan basis, to serve
four-year overlapping terms. It is the Council's responsibility to enact Ordinances, Resolutions and Orders necessary to govern
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administration of the City's affairs. The City Council appreciates your interest and urges citizen participation in government
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The City Council is organized into seven standing committees which were created to review and analyze all City policies and
programs and make necessary recommendations back to the full Council. Each committee consists of three Councilmembers and
each Councilmember will chair at least one of the following Committees:
Budget and Finance
Legislative and Litigation
Water Resoumes
Intergovemmental Relations
Planning and Development
Personnel
Community Services
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considered at 5:15 p.m. may be continued to 7:00 p.m., but not necessarily in the same order.
MAYOR
The Mayor is the presiding officer at City Council Meetings. The Mayor executes all legal instruments and documents however, is
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PUBLIC STATEMENTS - Following the guidelines established in California Government Code {}54950, known as the "Brown Act,"
most cities establish specific rules and procedures governing public comment and conduct of their meetings. You are invited to
address the Council dudng the Public Statements portion of the Agenda on any matter related to City business exceot matters set
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existing rules, the City Manager is charged with the responsibility of determining if the communication is to be placed on the
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as determined by the City Manager, will be so handled. You should receive a response from the staff regarding the disposition of
your communication. Communication to Councilmembem not requiring Council action will be distributed to the Council through
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City Council Agenda
AGENDA PACKET - The Agenda and packet containing supporting material is prepared generally by 4:00 P.M., the Friday prior to
the Council Meeting. Complete packets are available for review at Beale Memorial Library and the City Clerk's Office.
Additionally, citizens can access the materials through the City's Web Page at: www.ci.bakersfield.ca.us.
CONSENT CALENDAR - All matters are considered routine and generally approved in one motion. A Councilmember or member
of the public, during Public Statements, may request an item be taken off the Consent Calendar for discussion or have the item
deferred for further study prior to the time the Council votes on the motion to adopt the item.
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time no member of the public will address the Council unless specifically asked to by a member through the Presiding Officer.
THE MOST EFFECTIVE WAY OF COMMUNICATING YOUR THOUGHTS TO THE COUNCIL ON PUBLIC HEARING MATTERS
IS BY SUBMI'CRNG YOUR COMMENTS iN WRITING, PREFERABLY NO LATER THAN 2:00 P.M., THURSDAY OF THE WEEK
PRIOR TO THE COUNCIL MEETING IN ORDER FOR YOUR COMMUNICATION TO BE REPRODUCED FQR THE AGENDA
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Definitions
THE FOLLOWING ARE TERMS AND PHRASES YOU WILL ENCOUNTER DURING A COUNCIL MEETING OR WHEN
READING THE AGENDA:
CITY BOARDS. COMMITTEES. AND COMMISSIONS - Council appointed advisory bodies that carry out functions designated by
City Council or law.
CLOSED SESSION - A "closed door" meeting provided for by State Law which allows Councilmembers to consider, in private,
legal matters, specific personnel issues and labor negotiation matters.
MOTION - A proposal made by a Councilmember, for action by the full Council.
ORDINANCE - An Ordinance, or amendment to an Ordinance, is a "legislative act" and requires two readings at separate Council
meetings. An Ordinance becomes effective thirty (30) days after adoption.
EMERGENCY ORDINANCE - This Ordinance requires only one reading and is effective immediately upon adoption.
RESOLUTION - A formalized action of the Council expressing policy or directing certain types of administrative action, it
becomes effective immediately and may be changed by an amendment or subsequent resolution.
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Attorney is appointed by the City Council and serves as chief counsel and legal representative of the City.
...... 0Oo
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 28, 2004
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CONSENT CALENDAR
Minutes:
a. Approval of minutes of meeting of the January 14, 2004.
Payments:
Approval of department payments from January 1, 2004 to January 15, 2004 in the
amount of $6,862,233.88 and self insurance payments from January 1, 2004 to
January 15, 2004 in the amount of $190,727.84.
Ordinances:
(Ward 4)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-20 to change the zoning from C-1
(Neighborhood Commemial) to R-1 (One-Family Dwelling) on 5+ acres located along
the northwest corner of Progress Road and Panama Lane. (First Reading 1/14/04)
Adoption of Ordinance amending Section 10.69.030 of the Municipal Code relating to
Special Events Application - Issuance Fee. (First Reading 1/14/04)
(Wards 4,7)
Adoption of Ordinance amending Municipal Code Sections 1.12.040 and 1.12.070 by
adding Annexation No. 441 to Ward 4 and Annexation No. 444 to Ward 7. (First
Reading 1/14/04)
Resolutions:
(Wards 1,4,5)
Resolution of Application proposing proceedings for annexation of uninhabited territory
to the City property identified as Annexation No. 453, 454 and 456 located in four
separate areas, (1) north of Rosedale Highway, east and west of Henry Lane, (2)
south of the Arvin-Edison Canal, generally east of Cottonwood Road, (3) west of
Jewetta Avenue generally north of Brimhall Road; and (4) south of Panama Lane, east
of Old River Road.
(Ward 2)
g. Mohawk Planned Sewer Area:
Resolution adopting the Mohawk Planned Sewer Area and making findings
thereto.
Adoption of Ordinance amending Section 16.32.060 of the Municipal Code
relating to Sewer Facilities. (First Reading 1/14/04)
(Ward 4)
(Ward 1)
(Ward 4)
(Ward 4)
(Ward 4,5,7)
CONSENT CALENDAR continued
Resolution adding territory, Area 1-41 (Stockdale, Renfro NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution adding territory, Area 2-26 (Stockdale, Real) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector.
Resolution of Intention No. 1324 to add territory, Area 1-44 (Allen, Snow SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report.
Resolution adopting a Maintenance and Operation Plan for the Allen Road Extension
to 1.1 miles West (Kern River Levee west of S. Allen Road).
Resolution approving annual renewal of Novell Software Licenses, not to exceed
$60,000.00 per year.
Resolution approving annual renewal of support and maintenance services for
Versaterm's Records Management System (RMS) and Computer Aided Dispatch
(CAD) Software, not to exceed $200,000.00 per year.
Resolution determining the the purchase of fixed two way radio equipment (Police
Department) cannot be obtained through usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $60,000.00.
o. Local Government Air Quality Measures
Resolution to implement Local Government Transportation Control Measures
in the Extreme Area Ozone Plan for the San Joaquin Valley.
Agreements:
p. Tract Map and Improvement Agreements:
Final Map and Improvement Agreement with Almond Tree Village for Tract
6164 Phase 3 located south of Berkshire Road and west of Monitor Street.
Final Map and Improvement Agreements with GMAC Model Home Finance and
Lennar Bakersfield, Inc. for Tract 6077 Unit 13 located west of Verdugo Lane
and south of Olive Drive.
Final Map and Improvement Agreements with Eagle Meadows of Bakersfield
I, CA., LLC and Truxtun Plumbing and Mechanical, Inc. for Tract 6187 located
east of Buena Vista Road and north of Pacheco Road.
q. Contracts for legal services:
1. Agreement with Clifford & Brown ($175,000.00) for legal services.
2. Agreement with Marderosian, Runyon, et al ($150,000.00) for legal services.
2
3. CONSENT CALENDAR continued
(Ward 2)
Amendment No. 1 to Agreement No. 01-011 with Ingram's Janitorial, Inc. revising the
terms of the termination clause.
(Ward 3)
Amendment No. 1 to Right of Way Contract No. 03-254 with Caltrans for the
intersection of State Highway 178 and Mount Vernon.
Amendment No. I to Agreement No. 03-182 to reduce fees charged by Krazan &
Associates for geotechnical and materials testing services for various Capital
Improvement Projects for a net reduction of $9,153.75.
(Ward 1)
Amendment No. 3 to Agreement No. 01-087/RA 013 with Capital Vision Equities
Development, Inc. to correct technical language in the agreement to include the federal
prevailing wage designation.
(Ward 3)
Maintenance and Use Agreement, Quitclaim Deed, and Grant of Easement for
Camino Grande Street Vacation at the Bear Mountain Cogeneration Facility.
Bids
Miscellaneous
w. Historic Preservation Commission 2002/2003 Fiscal Year Annual Report.
(Ward 1)
Community Development Block Grant (CDBG) Action Plan Amendment No. 3 (FY
03/04) for Wayside Park - Wet Play Area Project.
Appropriate $35,000.00 current year CDBG Program Income to the Capital
Improvement Budget.
Staff recommends adoption of Consent Calendar items a through x.
4. CONSENT CALENDAR HEARINGS - see items at 7:00 pm portion of meeting
5. WORKSHOP
(15 rnin)
a. Westside Parkway Update. (Staff presentation by Public Works Director Raul Rojas)
(15min)
Pool Closures. (Staff presentation by Interim Director of Recreation and Parks Alan
Christensen)
6. CLOSED SESSION
Conference with Legal Counsel - Potential Litigation. Initiation of litigation pursuant to
subdivision (c) of Government Code Section 54956.9. One (1) potential case.
RECONVENED MEETING - 7:00 p.m.
7. ROLL CALL
8. INVOCATION by Pastor Ron Roberson, Higher Ground Church.
9. PLEDGE OF ALLEGIANCE by Justin Lopez, 6~h Grade Student at Eissler Elementary School.
10. CLOSED SESSION ACTION
11.
12.
13.
14.
(Ward 5)
(Ward 3)
(Ward 3)
WORKSHOP - for those Workshop(s) listed but not heard at 5:15 pm portion of meeting
PUBLIC STATEMENTS
CONSENT CALENDAR- for those Consent matters listed but not heard at 5:15 pm portion of meeting
HEARINGS - Council may also hear Consent headng items listed but not heard at 5:15 pm portion of meeting.
Continued Public Hearing to consider appeal filed by Castle and Cooke of Planning
Commission's approval of Vesting Tentative Tract Map No. 6223 located at the northeast
comer of White Lane and South Allen Road {Engineer-Mclntosh & Associates/Subdivider
- Castle & Cooke Development).
Resolution modifying the Planning Commission's conditions of approval,
adopting the Negative Declaration, approving Vesting Tentative Tract Map No.
6223 located on the northeast corner of White Lane and South Allen Road, and
denying the appeal.
First Reading of Ordinance modifying the Planning Commission's conditions of
approval, adopting the Negative Declaration and amending Section 17.06.020
of the Municipal Code (Zone Map No. 112-12) by changing the zoning from an
R-1 (One Family Dwelling) Zone to PUD (Planned Unit Development) Zone on
107.38 _+ acres generally located on the northeast corner of White Lane and
South Allen Road, and denying the appeal. (GPA/ZC 03-1073)
Staff recommends adoption of resolution denying the appeal, adopting the Negative Declaration,
and approving Vesting Tentative Tract Map No. 6223; and, give first reading to the ordinance.
Public Hearing to consider appeal by Sierra Club of Planning Commission's approval of
Revised Vesting Tentative Tract 6169 generally located north of Panama Lane, south
of Harris Road (extended), east of Old River Road (Engineer-Porter
Robertson/Subdivider-McMillan Albany, LLC).
Resolution denying the appeal from the Sierra Club, upholding the decision of the
Planning Commission, approving Revised Vesting Tentative Tract Map 6169
generally located north of Panama Lane, south of Harris Road (extended), east
of Old River Road.
Staff recommends adoption of resolution denying the appeal, upholding the decision of the
Planning Commission and approving Revised Vesting Tentative Tract Map 6169.
Public Hearing to consider appeal by Sierra Club of Planning Commission's approval of
Vesting Tentative Tract 6193 located at the southeast corner of State Route 184 {Kern
Canyon Road) and Mesa Marin Drive (Engineer-Porter Robertson/Subdivider-Allen L.
Newsome).
Resolution denying the appeal from the Sierra Club, upholding the decision of the
Planning Commission, adopting the Negative Declaration and approving Vesting
Tentative Tract Map 6193 located at the southeast corner of State Route 184
(Kern Canyon Road) and Mesa Marin Drive.
Staff recommends adoption resolution denying the appeal, upholding the decision of the
Planning Commission approving the Negative Declaration and Vesting Tentative Tract Map
6193.
4
15.
16.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
pi
1/22/04 11:46 am
ADDENDUM
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 28, 2004
6.b. CLOSED SESSION
Conference with Legal Counsel - Anticipated Litigation. Significant exposure to
litigation pursuant to subdivision (b)(1)(A) of Government Code Section 54956.9.
One (1) potential case.
Respe~fully submitted,
Alan Tandy
City Manager
ADDENDUM
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF JANUARY 28, 2004
6.b. CLOSED SESSION
Conference with Legal Counsel - Anticipated Litigation. Significant exposure to
litigation pursuant to subdivision (b)(1)(A) of Government Code Section 54956.9.
One (1) potential case.
Respe~fully submitted,
Alan Tandy
City Manager
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
A~,-¢-.
JOHN W. STINSONL), A~,~ISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - JANUARY 28, 2004 COUNCIL MEETING
January 23,2004
REGULAR MEETING 5:15 p.m.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Resolutions:
Item 31. Resolution Approvinq Annual Renewal of Novell Software Licenses, in an amount not to exceed
$60,000 Der year. The City uses Novell software for its operating system. The licensing has been
negotiated through the State of California State Store process, and the City of Los Angeles. Compucom
has agreed to pass the 53.6% discount to the City. The Resolution provides that the City may continue to
renew the Novell licenses, as long as the licensing price has been negotiated through the same process.
Item 3m. Resolution Approvinq Annual Renewal of Sueeort and Maintenance Services for Versaterm'~
Records Manaqement System CRMS) and Computer Aided Dispatch (CAD) Software, in an amount not to
exceed $200.000 per year. These software products are used by the Police Department for functions
critical to the operations of the department as detailed in the administrative report. The cost to renew
these services is $93,784 for 2004 and approximately $175,000 for subsequent years. Staff requests
authorization to renew these services for 2004 and subsequent years without further Council action,
provided that the cost does not exceed $200,000.
Item 3n. Resolution Determininq that the Purchase of Fixed Two-Way Radio Equipment (Police
Department) Cannot be Obtained Throuqh Usual Biddinq Procedures and Authorizinq the Finance
Director to Dispense with Biddinq Therefore, in an amount not to exceed $60,000. The Police
Department's existing fixed two-way radio system was purchased and installed in 1985. Parts for the
repeaters are no longer available, reliability has deteriorated, and existing equipment will not function
properly with new digital format radios required by the FCC. Staff is replacing the repeaters over a four-
year period. The new fixed two-way radio repeaters will allow the new digital radios to operate in the
encrypted mode as well as the old analog format. As old repeaters are removed from service, they can be
used for maintenance parts for the remaining equipment. Staff negotiated a 17% discount with Motorola
for 3 high quality Police fixed digital radios.
Item 30. Resolution to Implement Local Government TransPortation Control Measures in the Extreme
Area Ozone Plan for the San Joaquin Valley. The San Joaquin Valley Air Pollution Control District
(SJVAPCD) has requested the EPA to reclassify the San Joaquin Valley Air Basin to extreme non-
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 28, 2004
PAGE 2
attainment for ozone. The reclassification would extend the attainment deadline to 2010 and requires the
Air District to develop and adopt an Extreme Area Ozone Plan. This resolution will be part of an overall
ozone attainment plan. The resolution describes reasonably available transportation control measures
that the City has, and will implement, in order to reduce ozone causing emissions into the air from
transportation sources. The resolution also describes measures that are not feasible because they are
either the responsibility of other entities, such as those regarding transit, or they are not technically or
economically feasible.
The plan is similar to the transportation control measures previously adopted by the Council in 2002, but
have been updated to reflect additional information and actions taken by the Council. These include the
completion of the recent update of the Metropolitan Bakersfield General Plan; the adoption of a revised
Transportation Impact Fee program which provides for a 50% reduction in fees for development which
occurs within the core are of the City to encourage in-fill development and reduce transportation impacts;
the recommendation of a downtown site for the proposed Metropolitan Bakersfield High Speed Rail
Terminal; the construction of the LCNG fueling station; as well as the construction of 8 additional miles of
bike path and the landscaping, resurfacing and widening of 7.5 miles of existing bike paths using over $2
million in state bond funds.
Aqreements:
Item 3a. Contracts with Clifford & Brown and Marderosian, Run¥on, et al for Leqal Services. In an effort
to save General Fund tax dollars, the City Attorney's Office desires to outsource a majority of its litigation
caseload with two established law firms. Both firms have defended the City in the past with positive
results. The contract with Clifford & Brown provides that they will defend the City in 30 Kern County
Superior Court cases for a flat fee of $175,000. The contract with Marderosian, Runyon, et al provides
that they will defend the City in 25 Federal Court cases in Fresno for a flat fee of $150,000. The expected
annual General Fund savings is approximately $269,000.
Item 3s. Amendment No. 1 to Riqht-of-Way Contract No. 03-254 with CalTrans for the Intersection cf
State Hiahwav 178 and Mount Vernon. In 1990, the City acquired a sump from the State which is located
adjacent to the eastbound off-ramp of Highway 178 at Mt. Vernon Avenue. As a condition of transfer, the
State reserved an easement to permit it to discharge run off from the Highway into the sump. The State
then determined that it should widen the eastbound off ramp at Mt. Vernon and offered to purchase
approximately small portion of the sump. Staff agreed, providing that CaITrans agrees to maintain the
sump's existing capacity. Council approved such an agreement on August 27, 2003. CalTrans cannot
now afford to pay for the property; only for construction. However, they offered to waive the City's share of
engineering and construction costs for the reconfiguration of the sign system at the Mt. Vernon ramps in
exchange for the consideration owed under the 2003 Agreement. Staff feels this is reasonable and
recommends accepting CalTrans' proposal.
Item 3t. Amendment No. 1 to Aqreement No. 03-182 to Reduce Fees Charqed by Krazan & Associate;;
for Geotechnical and Materials Testinq Services for Various Capital Improvement Projects for a Nel.
Reduct on of $9,153.75. In order to assist the City in coping with the current budget situation caused by
the lack of Vehicle License Fee backfill from the State, Krazan & Associates has offered to reduce the fees
that they currently charge for geotechnical and materials testing services. This amended agreement will
reduce the total compensation to Krazan & Associates by $9,153.75.
.Item 3u. Amendment No. 3 to Aqreement No. 01-087/RA 103 with Capital Vision Equities Development,
Inc. (CVE) to Correct Technical Lanquaqe to Include Federal Prevailinq Waqe Desiqnation. CVE is
developing 180 units of affordable housing south of California Avenue in the Southeast Redevelopment
Project Area. The project was financially assisted with City HOME funds and Downtown Redevelopment
Project Area Housing Set-aside funds, and later received a substantial federal tax credit. Staff recently
reviewed the language in the City's agreement with CVE and found inconsistencies between the
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 28, 2004
PAGE 3
agreement and the construction bidding documents. The proposed amendment clarifies that Federal
Davis Bacon Prevailing Wages will be used on the project.
Item 3v. Maintenance and Use Aqreement. Quitclaim Deed, and Grant of Easement for Camino Grande
Street Vacation at the Bear Mountain Coaeneration Fac ry. Council approved the Camino Grande Drive
vacation on July 9, 2003. Bear Mountain, Ltd. and the City have agreed that the underlying fee ownership
of the vacating area shall be Quitclaimed by Bear Mountain to the City upon completing the vacation.
When Quitclaimed, the strip will be used for a City bike path, Cogeneration Plant Access, Public Utility
purposes, and City and County Municipal Services. The City will also agree to placement of a gate across
the bike path with a design to be approved by the City. Also, Bear Mountain and the City will enter into an
agreement covering Bear Mountain's payment contribution for road maintenance and their access rights.
Miscellaneous:
item 3x. CDBG Action Plan Amendment No. 3. This amendment will allocate $35,000 of CDBG program
income funds from FY 03/04 for the design and construction of a wet play area for Wayside Park.
WORKSHOP
There will be two workshops: 1) an update on the Westside Parkway by Public Works Director, Raul
Rojas; and 2) a report on recommended pool closures by Interim Recreation and Parks Director, Alan
Christensen.
CLOSED SESSION
There will be a conference with legal counsel regarding initiation of litigation for one case.
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
,HEARINGS
I. tem 14a. Continued Public Hearinq to Consider an Appeal Filed by Castle and Cooke of Plannin~l
Commission's AoDroval of Vestinq Tentative Tract Map No. 6223 Located at the Northeast Corner vi
White Lane and South Allen Road. This appeal hearing was continued from the January 14, 2004
meeting. Castle and Cooke Development appealed conditions adopted by the Planning Commission
related to the minimum paved width of alleys within the subdivision. Staff met with representatives from
Castle and Cooke, and resolved the issues relevant to alley access for service and emergency response.
The conditions of approval have been modified to reflect agreements as to minimum alley widths, parking
restrictions, and refuse service issues. Staff recommends adoption.
Item 14b. Public Hearinq to Consider an Appeal by the Sierra Club of Planninq Commission's Approval ur
Revised Vestinq Tentative Tract 6169, Located North of Panama Lane, South of Harris Road (extended),
East of Old River Road. Tract 6169 consists of 347 lots for single family residential purposes, a sump lot
and a lot for future development on 87.81 acres zoned R-1 (One Family Dwelling) and C-1 (Neighborhood
Commercial). The Planning Commission determined that a previous Negative Declaration, approved for
the original approval of Tract 6169 was adequate for and pertinent to the tract. The changes made to the
original map were not substantial and amounted to minor changes in street design and minor changes in
lot sizes.
The Sierra Club filed an appeal objecting to the Planning Commission's approval and requested an
Environmental Impact Report (EIR) be prepared. It is the same series of claims they now file on all new
developments prior to filing litigation. Rebuttal information is contained in the administrative report. Staff
recommends the appeal be denied, and uphold the decision of the Planning Commission.
HONORABLE MAYOR AND CITY COUNCIL
JANUARY 28, 2004
PAGE 4
Item 14c. Public Hearinq to Consider an Appeal by the Sierra Club of Planninq Commission's Approval of
Vestinq Tentative Tract 6193 Located at the Southeast Corner of State Route 184 {Kern Canyon Road)
and Mesa Marin Drive. Tract 6193 consists of 139 lots on 40.59 acres for single family residential
purposes zoned R-1 (One Family Dwelling) and a request for alternate lot design. The Sierra Club filed an
appeal to the Planning Commission's approval of this tract also, as they are now doing on all
development. Rebuttal information is contained in the administrative report. Staff also recommends that
the appeal be denied on this item.
AT:JVVS:al
cc: Department Heads
City Clerk's Office
News Media File
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JANUARY 14, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
ACTION TAKEN
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson (seated at 5:40 p.m.), Benham, Hanson,
Sullivan, Salvaggio
Absent: None
Motion by Vice-Mayor Couch to add item 3.kk., to the agenda, an
item that arose after the agenda was posted, and which requires
immediate action.
APPROVED
AB CARSON
2. PUBLIC STATEMENTS
None.
3. CONSENT CALENDAR
Minutes:
a. Approval of minutes of meeting of the December 10, 2003.
Payments:
Approval of department payments from November 22, 2003
to December 31,2003 in the amount of $21,507,713.58 and
self insurance payments from November 22, 2003 to
December 31, 2003 in the amount of $470,901.75.
Ordinances:
First Reading of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map
No. 123-20 to change the zoning from C-1 (Neighborhood
Commercial) to R-1 (One-Family Dwelling) on 5_+ acres
located along the northwest corner of Progress Road and
Panama Lane.
FR
Bakersfield, California January 14, 2004 - Page 2
CONSENT CALENDAR continued
First Reading of Ordinance amending Section 10.69.030 of
the Municipal Code relating to Special Events Application -
Issuance Fee.
First Reading of Ordinance amending Municipal Code
Sections 1.12.040 and 1.12.070 by adding Annexation No.
441 to Ward 4 and Annexation No. 444 to Ward 7.
Adoption of Ordinance amending 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.
Adoption of Ordinance amending Section 2.28.0990 of the
Municipal Code relating to Appointments to Board of Zoning
Adjustment.
Adoption of Ordinance adopting a Negative Declaration and
amending 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 (ZC 03-
0745).
Resolutions:
Resolution Ordering Change of Proceedings to authorize
additional improvement work in Assessment District No. 98-1
(Brimhall IV/Stockdale Highway Commercial/Gosford
Industrial).
ACTION TAKEN
FR
FR
ORD 4163
ORD 4164
REMOVED FOR
SEPARATE
CONSIDERATION
RES 001-04
Bakersfield, Califomia January 14, 2004 - Page 3
CONSENT CALENDAR continued
Maintenance and replacement of fire station apparatus
overhead doors.
Resolution determining that certain equipment can
only be reasonably obtained from one vendor, Robert
Moss, Jr. Architectural Specialties, and authorizing the
Finance Director to dispense with bidding not to
exceed $78,000.00.
Contract with Robert Moss, Jr. for maintenance and
replacement of fire station overhead doors not to
exceed $78,000.00.
Resolution authorizing the Finance Director to dispense with
usual bidding procedures and to purchase Harris Microwave
Equipment for various radio communications sites, not to
exceed $200,000.00.
Resolution determining that certain equipment, Mobile
Decontamination System, can only be reasonably obtained
from one vendor, Modec, Inc., and authorizing the Finance
Director to dispense with bidding not to exceed $78,000.00.
Resolution of Application proposing proceedings for
annexation of inhabited territory to the City property identified
as Annexation No. 455 located west of Allen Road, north of
Palm Avenue.
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City property
identified as Annexation No. 451 located along the northwest
side of Snow Road, east of the Friant-Kern Canal, generally
west of Calloway Drive.
ACTION TAKEN
RES 002-04
AGR 04-001
RES 003-04
RES 004-04
RES 005-04
RES 006-04
Bakersfield, California January 14, 2004 - Page 4
CONSENT CALENDAR continued
Resolution approving the application for grant funds for the
2004 - 2005 Environmental Enhancement and Mitigation
Program for the following four projects:
East California Avenue Streetscape (Phase I) -
installation of median island landscape and hardscape
from Union Avenue to King Street.
New Stine Road Landscape Barrier - installation of
parkway landscaping from Sundale Avenue to
Demaret Avenue.
Rio Vista Park Water Recharge/Recreational Facility
Buffer - installation of parkway landscaping on east
side of Jewetta Avenue adjacent to park site.
Ming Avenue Median Enhancement - installation of
median island landscape and hardscape from New
Stine Road to SR 99.
Resolution adding territory, Area 5-11 (Oswell, Zephyr NW) to
the Consolidated Maintenance District and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern County
Tax Collector.
Resolution of Intention No. 1321 to add territory, Area 1-41
(Stockdale, Renfro NW) to the Consolidated Maintenance
District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1322 to add territory, Area 2-26
(Stockdale, Real) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report.
ACTION TAKEN
RES 007-04
RES 008-04
ROI 1321
ROI 1322
Bakersfield, California January 14, 2004 - Page 5
CONSENT CALENDAR continued
Mohawk Planned Sewer Area (generally bounded by the
Calloway Canal on the north, Highway 99 on the east, the
Cross Valley Canal/Kern River on the south and the Friant
Kern Canal/Coffee Road on the west):
Resolution of Intention No. 1323 to establish the
Mohawk Planned Sewer Area and preliminarily
approving the boundaries of the area and the cost and
fee schedule.
First Reading of Ordinance amending Section
16.32.060 of the Municipal Code relating to Sewer
Facilities.
Agreements:
t. Citywalk Project Parking Agreements:
Agreement with D. W. Sivers for sale of real property
located north of 13th Street and east of "N" Street.
Joint Use Parking Agreement with D. W. Sivers for
shared parking of certain City owned parking lots and
commercial development parking lot.
Appropriate $50,000.00 U.S. Environmental Protection
Agency, Brownfield Revolving Loan Program Funds to the Old
Town Kern Operating Budget to address environmental
cleanup issues associated with a commercial building located
at 1924 Q Street (Assistance League of Bakersfield).
Amendment No. 2 to Agreement No. 02-338 with Assistance
League of Bakersfield.
ACTION TAKEN
ROI 1323
FR
AGR 04.002
DEED 6030
AGR 04-003
A GR 02-338(2)
Bakersfield, California January 14, 2004 - Page 6
CONSENT CALENDAR continued
w. Tract Maps and Improvement Agreements:
Final Map with McMillin San Trope, LLC for Tract 6019
Phase 2 located south of Olive Drive and west of
Riverlakes Drive.
Final Map with ADH Corporation for Tract 6140 Phase
2 located south of State Route 58 and east of Oswell
Street.
Final Map and Improvement Agreements with D. N. B.
Development Corp. for Tract 6006 Phase 2 located
east of Wible Road and north of McKee Road.
Final Map and Improvement Agreements with F S I
Developers, LLC for Tract 6066 Units 3 and 4 located
south of Berkshire Road and west of Akers Road.
Final Map and Improvement Agreements with Eagle
Meadows of Bakersfield, I, CA, LLC, for Tract 6187
located east of Buena Vista Road and north of
Pacheco Road.
Consultant Agreements with Mclntosh & Associates
($300,000.00) and Quad Knopf ($450,000.00) to provide on-
call construction inspection services for Capital Improvement
Program and Development projects.
Cooperative Agreement with the State of California,
Department of Transportation, for the widening of Rosedale
Highway between State Route 99 and Gibson Street.
ACTION TAKEN
AGR 04-004
AGR 04-005
AGR 04-006
AGR 04-007
REMOVED
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 04-010
Bakersfield, California January 14, 2004 - Page 7
CONSENT CALENDAR continued
Memorandums of Understanding between the City, County of
Kern, Kern Council of Governments (KernCOG) and the State
of California-Department of Transportation (Caltrans) for the
Regional Transportation Model.
Kern Regional Modeling Coordination MOU reaffirms
the existence and roles of the Kern Regional
Transportation Modeling Committee (RMC) founded
in June 2001 by the Kern COG Board.
Kern Regional Traffic Count Program MOU to develop
and maintain inventory of traffic counters available for
use by agencies to monitor traffic flow in the region.
Kern Regional Transportation Model Distribution MOU
establishes a distribution policy for the Model.
aa.
Amendment No. 3 to Agreement No. 99-334 with Duane
Morris ($100,000.00, total contract amount not to exceed
$350,000.00) for legal services in the matter of North Kern
Water Storage District v. Kern Delta District, et al.
bb.
Bids:
Amendment No. 1 to Agreement No. PW02-203 ($50,000.00)
for additional consulting services and compensation to
Dresser Services, Inc., for asbestos surveys on various
projects.
cc.
Accept bid to award contract to Loop Electric ($71,232.25) for
traffic signal and lighting installation at Brimhall Road and Old
Farm Road.
dd.
Accept bid to award contract to Judge Netting, Inc.
($29,800.00) to construct Wood Waste Grinder Safety Cover.
ee.
Traffic Signal and Lighting Installation at Panama Lane and
Monitor Street:
Accept bid to award contract to Loop Electric
($99,345.50) for project.
Appropriate $20,000.00 Transportation Development
Fund Balance to the Capital Improvement Budget.
ACTION TAKEN
AGR 04-011
AGR 04-012
AGR 04-013
A GR 99-334(3)
AGR 04-0~4
AGR 04-015
AGR 04-016
AGR 04-0f7
Bakersfield, California January 14, 2004 - Page 8
CONSENT CALENDAR continued
ff. Referral of Audit Reports to Budget and Finance Committee:
Comprehensive Annual Financial Report (CAFR) for
fiscal year ended June 30, 2003.
Independent Auditors Report - Single Audit Report -
Schedule of Federal Expenditures for the City for
fiscal year ended June 30, 2003.
Independent Auditors Report - Compliance with
Contractual Requirements relative to the Bakersfield
Subregional Wastewater Management Plan for year
ended June 30, 2003.
Independent Auditors Report on Appropriations Limit
Worksheet (GANN Limit) of the City for the fiscal year
ended June 30, 2003.
gg.
Appropriate $12,250.00 Southeast Project Area Housing
Funds to the Capital Improvement Budget for the acquisition
of two southeast tax default properties located at 19 Milham
and 301 South Owens.
hh.
Appropriate $56,543.00 to the Redevelopment Operating
Fund Budgets (Southeast - $9,063.00; Old Town Kern -
$17,175.00; and Downtown $30,305.00) for State
Educational Revenue Augmentation Fund (ERAF) Allocation.
ii.
Appropriate $300,000.00 ($73,000.00 SEPA; $113,000.00
OTK Operating; $40,500.00 OTK Housing; and, $73,500.00
DTPA Housing) to the Redevelopment Operating and
Housing fund budgets for administrative costs associated with
Economic Development Activities for Fiscal Year 2003-04.
Community Development Block Grant (CDBG) Action Plan
Amendment No. 9 (FY 02/03) and Amendment No. 2 (FY
03/04).
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
Bakersfield, California January 14, 2004 - Page 9
CONSENT CALENDAR continued
kk.
Emergency road crossing repairs required at seven (7)
separate locations.
Resolution dispensing with bidding procedures due
to emergency repairs required at seven (7)
locations, six (6) along the Kern Island Canal and
one (1) along the Stine Canal, not to exceed
$1,500,000.00 (initial estimate only).
Appropriate $1,500,000.00 (initial estimate of costs)
Facility Replacement Reserve to the Capital Outlay
Fund's Capital Improvement Budget.
Motion by Vice Mayor Couch to adopt Consent Calendar items
3.a. through 3.jj. with the addition of 3.kk. and the deletion of
item 3. w. 5., and the removal of items 3. h., 3.x. and 3.gg. for
separate consideration.
Consultant Agreements with Mclntosh & Associates
($300,000.00) and Quad Knopf ($450,000.00) to provide on-
call construction inspection services for Capital Improvement
Program and Development projects.
Councilmember Hanson requested an analysis regarding growth
trends, percentage projections, and the economics of hiring
employees versus consultants to handle work generated by new
development.
Motion by Councilmember Hanson to approved the Agreements.
gg.
Appropriate $12,250.00 Southeast Project Area Housing
Funds to the Capital Improvement Budget for the acquisition
of two southeast tax default properties located at 19 Milham
and 301 South Owens.
Motion by Councilmember Maggard to approve the
appropriation.
Separate consideration for item 3.h. held at the 7:00 p.m.
portion of the meeting.
ACTION TAKEN
RES 009-04
APPROVED
AB CARSON
AGR 04-008
AGR 04-009
APPROVED
AB CARSON
APPROVED
AB CARSON
Bakersfield, California January 14, 2004 - Page 10
CONSENT CALENDAR HEARINGS
Hearing related to appeal filed by Castle and Cooke
Development on Vesting Tentative Tract Map No. 6223 and
Zone Change 03-1073 located on the northeast corner of
White Lane and South Allen Road.
Consolidated hearing of appeals by Mclntosh and Associates,
on behalf of Mountain View Bravo LLC, of determination of
incompleteness for Vesting Tentative Tract Maps 6257, 6258,
6259, 6260, 6261, 6263, 6264, 6265, 6266 and 6267 (City in
the Hills) located between State Route 178 and Paladino
Drive west of Masterson and resolution upholding staffs
determination of incompleteness.
Hearings opened at 5:34 p.m.
Motion by Councilmember Maggard to continue Hearing items
4. a. and 4.b.
Councilmember Salvaggio requested staff investigate and report
back to Council with the approval of 3. ee. on Consent, why the
traffic signal at Panama and Monitor was not moved to the
intersection at Panama and Berkshire.
CLOSED SESSION
Conference with Legal Counsel - Existing Litigation. Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9 regarding City v. SPCA, et al.
Conference with Legal Counsel - Anticipated Litigation.
Closed Session pursuant to subdivision (b)(1)(A) of
Government Code Section 54956.9. Two (2) potential cases.
City Clerk McCarthy announced she had been advised by City
Attorney Gennaro there would be one potential case
discussed under item b.
Motion by Vice-Mayor Couch to recess to Closed Session at 5:41
p.m.
ACTION TAKEN
APPROVED
AB CARSON
APPROVED
Motion by Benham to recess from Closed Session at 6:54 p.m. APPROVED
Bakersfield, California January 14, 2004 - Page 11
RECONVENED MEETING - 7:00 p.m.
6. ROLL CALL
10.
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: None.
INVOCATION by Pastor Terry Barnett, River Oaks Church.
PLEDGE OF ALLEGIANCE by Hailey Golich, 5th Grade Student at
Stockdale Christian School.
CLOSED SESSION ACTION
ACTION TAKEN
NO
Conference with Legal Counsel - Existing Litigation. Closed REPORTABLE
Session pursuant to subdivision (a) of Government Code ACTION
Section 54956.9 regarding City v. SPCA, et al.
Conference with Legal Counsel - Anticipated Litigation.
Closed Session pursuant to subdivision (b)(l)(A) of
Government Code Section 54956.9. Two (2) potential cases.
City Clerk McCarthy announced she had been advised by City
Attorney Gennaro there would be one potential case
discussed under item b.
WORKSHOP
a. Budget Update.
City Manager Tandy gave a presentation and provided written
material.
Councilmember Maggard requested staff explore using grant
funds to bolster the number of police officers employed by the
City.
Councilmember Maggard requested staff coordinate and invite
an upper echelon representative from the League of California
Cities to attend a Council Meeting to provide an explanation why
an amendment to the State Constitution prohibiting
appropriation by the State of local funds has not been proposed.
Councilmember Maggard requested staff provide an analysis of
the feasibility of brown-outs and busing in order to provide pool
access to a broader base of citizens.
NO
REPORTABLE
ACTION
10.
11,
12,
13.
Bakersfield, California January 14, 2004 - Page 12
WORKSHOP continued
Item 10.a. continued
Councilmember Maggard requested staff bring back to Council
the issue of pool closures for further consideration.
Westside Parkway Update Report was continued to a later
date.
Recess taken from 9:11 to 9:22 p.m.
PUBLIC STATEMENTS
Cindy Russell, Renee Nelson, Espin Ferreira, Jody Hanson
and Barry Hanson spoke regarding agenda item 3.h.
b. Chuck Waide, CCAPE, spoke regarding budget issues.
CONSENT CALENDAR - Item continued from 5:15 p.m, portion of the
meeting.
Adoption of Ordinance adopting a Negative Declaration and
amending 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 (ZC 03-
0745).
Motion by Councilmember Couch to adopt the Ordinance.
HEARINGS
Public Hearing to consider Resolution modifying the decision
of the Planning Commission approving Vesting Tentative
Tract 6230, Negative Declaration and denying the appeal by
Gary & Judy Denny and Harry & Shirley Rowles (SmithTech
U.S.A - Applicant/Subdivider).
Staff comments by Development Services Director Hardisty.
ACTION TAKEN
ORD 4165
APPROVED
RES 010-04
13.
14.
Bakersfield, California January 14, 2004 - Page 13
HEARINGS continued
Item 13.a. continued
Development Services Director Hardisty stated for the record
that a Memorandum was delivered to Council on January 14,
correcting the Administrative Report and condition number
three requiring the extension of Lamond and Narissa Courts full
width to the western boundaries of the tract; and the first phase,
Palm Ranch Road be paved full width to the edge of the future
lip of Palm Avenue.
Hearing opened at 10:08 p.m.
Bob Smith, Smith Tech USA, Project Engineer, spoke in
favor of the staff recommendation.
Hearing closed at 10:09 p.m.
Motion by Vice-Mayor Couch to approve the Resolution.
Public Hearing to consider Resolution modifying the decision
of the Planning Commission approving Tentative Tract 6036,
Negative Declaration and denying the appeal by Harry &
Shirley Rowles (SmithTech U.S.A - Applicant/Don Judkins -
Subdivider).
Staff comments by Development Services Director Hardisty.
Development Services Director Hardisty stated for the record
that a Memorandum was delivered to Council on January 14,
correcting the Administrative Report and removing condition
number fourteen.
Hearing opened at 10:14 p.m.
Don Judkins and Bob Smith Tech USA, Project Engineer,
spoke in favor of the staff recommendation.
Motion by Vice-Mayor Couch to approve the Resolution.
REPORTS
Community Services Majority Report No. 1-04 and Minority
Report No. 2-04 regarding the naming of park located at
Stockdale Highway and Buena Vista Road.
Motion by Councilmember Benham to remove the name Rio
Vista from consideration and defer the issue to another date.
ACTION TAKEN
APPROVED
RES Ol 1-04
APPROVED
APPROVED
15.
Bakersfield, California January 14, 2004 - Page 14
COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested staff facilitate clean-up of a
vacant lot at the SW corner of Niles St. and Beale Ave. adjacent
to the Boys and Girls Club,
Councilmember Benham received a proposal from the Highway
99 Committee regarding the installation ora downtown speaker
system and requested staff explore obtaining grants to fund the
project.
Councilmember Benham provided a citizen letter to staff with
suggestions for animal services.
Councilmember Benham expressed appreciation to Street employees
Dan Petersen, David Momoa, Ernie Olivas, Chris Newman, John
Hamisch, Mike Cook, Joseph Enriquez, Ed Elliott, Mike Connor, Mark
Fick, Louis Peralez and Maria Peralez for working during the rain
storm on Christmas day.
Councilmember Maggard requested staff provide him an update
regarding the two new developments in the Rio Bravo area.
Councilmember Salvaggio requested Police provide increased
patrol in the 1400 block of Clipperhills Dr.
Councilmember Salvaggio requested staff patch the 2900 block
of Kingsley St. and schedule possible reconstruction next year.
Councilmember Salvaggio requested staff address a letter from
neighbors regarding code enforcement issues at an address on
Mallard Ct.
Councilmember Salvaggio thanked Lt. Taylor of the Police
Department for his handling of the off-road vehicle issue at S. H
Street between Berkshire and Hosking Roads.
Councilmember Salvaggio requested the Legislation and
Litigation Committee review the request he received from
Phantom Fireworks.
Councilmember Salvaggio thanked City employees for their continued
loyalty during this budget crisis.
Councilmember Hanson asked if televising Planning Commission
meetings had been cancelled. This was confirmed.
Councilmember Hanson had questions regarding the housing project
at P Street. City Manager Tandy responded.
ACTION TAKEN
15.
Bakersfield, California January 14, 2004 - Page 15
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Carson requested at a future meeting the
Mayor recognize the two Sheriff's Deputies who broke into a
burning house on E. Madison.
Councilmember Carson provided Martin Luther King, Jr. Day
celebration information.
Councilmember Sullivan requested the Legislation and
Litigation Committee address the issue of unlicenced street
vendors and the negative impact they have on legitimate
business.
Councilmember Sullivan commented on RV parking.
Councilmember Sullivan encouraged citizens to contact their State
Legislators regarding the impact of the budget crisis.
Councilmember Sullivan wished everyone a Happy New Year.
Councilmember Maggard requested Economic and Community
Director Kunz and Development Services Director Hardisty
communicate with he and Councilmember Benham next week
regarding an issue on Jackson Street.
Vice-Mayor Couch welcomed Florn Core, Acting Water Resources
Manager.
Vice-Mayor Couch extended birthday wishes to City Attorney
Gennaro.
Vice-Mayor Couch requested abatement of graffiti on the cement
abutments at the new 32 acre park.
Vice-Mayor Couch requested clarification of speed limits and the
area affected in the school zone at Bakersfield Christian High
School and the feasibility of notifying surrounding
neighborhoods.
ACTION TAKEN
16.
Bakersfield, California January 14, 2004 - Page 16
ADJOURNMENT
Mayor Haft adjourned the meeting at 10:55 p.m.
ACTION TAKEN
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
ITEM: 3, ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
APPROVED
DEPARTMENT HEAD~_~
January 16, 2004 CITY ATTORNEY
CITY MANAGER
Approval of minutes of the January 14, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: January 29, 2004 AGENDA SECTION: Consent Calendar
ITEM: ,.~.
TO:
FROM:
DATE:
January 16, 20(
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klim <o, Finance Director
~4
Approval of de~:
of $6,862,233.8
the amount of $
RECOMMENDATION:
Staff recommends approval of
BACKGROUND:
k~g
Janua~ 16, 2004, 8:40AM
S:\KimG\Forms & Labies~ADMIN-AP.doc
APPROVED
DEPARTMENT HEAD ,~../'~
CITY ATTORNEY .-/~--~'~"'~"
CITY MANAGER"'~'~Z-~
artment payments from January 1, 2004 to January 15, 2004 in the amount
~ and self insurance payments from January 1, 2004 to January 15, 2004 in
190,727.84.
payments totaling $7,052,961.72
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent
ITEM: ,¢. ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 12, 2004
//....~PPROVED
DEPARTMENT H~D~.~, _ ~/
CITY ATFORNE/Y
CITYMANAG~=R
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-20 from C-1 to R-1 on 5+ acres located along the
northwest corner of Progress Road and Panama Lane (ZC 03-0764). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on January 14, 2004.
The Planning Commission recommended disapproval of General Plan Amendment/Zone
Change 03-0764 on October 2, 2003. Applicant appealed the Commission's decision. The
appeal was heard by the City Council on December 10, 2003. At such hearing, the Council
reversed the Commission's recommendation, approving the requested GPA, changing the land
use designation from GC (General Commercial) to LR (Low Density Residential) and upholding
the zone change appeal from C-1 to R-I.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Mitigated Negative Declaration was prepared
and posted on August 4, 2003.
RED
Admin\jan\1-14-0764
ADMINISTRATIVE REPORT
IMEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
I ITEM: .~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
January 20, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~/--~-
An Ordinance Amending Section 10.69.030 of the Bakersfield Municipal Code Relating
to Special Events Application--Issuance-Fee (First Reading 1-14-04)
RECOMMENDATION:
Legislative and Litigation Committee recommends adoption of the Ordinance.
BACKGROUND:
The ordinance was given first reading at the City Council meeting of January 14, 2004.
At its meeting of December 15, 2003, the Legislative and Litigation Committee reviewed a staff
proposal to amend Bakersfield Municipal Code Section 10.69.030 (A) which relates to special events.
After discussion, the Legislative and Litigation Committee felt the request to extend the submission of
the Special Events Application time frame to one year was justified. Consequently, the recommendation
being made is to accept applications for permits under Section 10.69.030 (A) no less than ten days
prior to the event nor more than one year prior to the event (instead of the current ninety day limitation).
The Legislative and Litigation Committee recommends the amendment of Bakersfield Municipal Code
Section 10.69.030 (A) to reflect the one year extension for submission of applications.
Januar7 21, 2004, 8:15AM
P:\L&L~Adrnin Reports~A DM04-01-28-SpecialEventsApplications.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent
TEM: ~, ~.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 14, 2004
~OVED
DEPARTMENT HEAL~)
C lTYATI'ORNE~/~
CITY MANAGER
An ordinance amending the Bakersfield Municipal code Sections § 1.12.010, 1.12.040 and
1.12.070 by adding Annexation No. 441 to Ward 4 and Annexation No. 444 to Ward 7.
(Wards , 4 and 7)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on January 14, 2004.
This ordinance amends the ward boundaries to include Annexation 441 into Ward 4 and
Annexation 444 into Ward 7. The annexations were recently complete.
Annexation No. 441 is located west of Allen Road, north of Noriega Road, generally south of Reina
Road and consists of 89 acres. The property owner consented to annex the site.
Annexation No. 444 is located north of Hosking Avenue, generally west of South Union Avenue
and consists of 20 acres. Again, the property owner consented to annex the site.
MO:pjt
Admin\jan\1-28-439-444
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent
ITEM: 7' ~
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 9, 2004
A Resolution of Application proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield property identified as Annexation No. 453, 454, and 456 located in
four separate areas, (1) north of Rosedate Highway, east and west of Henry Lane, (2) south
of the Arvin-Edison Canal, generally east of Cottonwood Road; and (3) west of Jewetta
Avenue generally north of Brimhall Road; and (4) south of Panama Lane, east of Old River
Road. (Wards 1,4, and 5).
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory, identified
as Annexation Nos. 453, 454, and 456, to the City of Bakersfield. The proposed annexations consist
of approximately 62 acres, 4 acres, and 76 acres, respectively, of uninhabited land. The territory for
each annexation is located (1) north of Rosedale Highway, east and west of Henry Lane, and south
of the Arvin-Edison Canal, generally east of Cottonwood Road; (2) west of Jewetta Avenue generally
north of Brimhall Road; and (3) south of Panama Lane, east of Old River Road.
The property owners within each of the territory have consented to annexation. The City of
Bakersfield owns approximately 60 acres within Annexation No. 453.
MO:pit
p:admin\jan\1-28-453
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.~o
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 15, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~'~'~
Mohawk Planned Sewer Area 0Nard 2 and County)
Resolution of the City of Bakersfield Adopting the Mohawk Planned Sewer Area and
Making Findings Thereto.
Adoption of an Ordinance of the Council of the City of Bakersfield amending Section
16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities. (First reading
1114104)
RECOMMENDATION:
Staff recommends adoption the Resolution and the Ordinance.
BACKGROUND: The city has constructed a sewer trunkline northerly of the Kern River from a point
east of Coffee Road to Highway 99 to serve an area generally bounded by the Calloway Canal on the
north, Highway 99 on the east, the Cross Valley Canal/Kern River on the south and the Friant Kern
Canal/Coffee Road on the west. Sewer Enterprise funds were used to front the cost of this project. These
funds will be reimbursed as new developments and existing parcels within the area connect to the sewer
trunkline.
This resolution adopts the Mohawk Planned Sewer Area.
This ordinance adds the Mohawk Planned Sewer Area to the list of Sewer Areas for which developers and
property owners are charged at time of development or connection to pay the cost of constructing the
sewer facilities.
Ivd
January 21,2004, 8:58AM
G:\GROU PDAT~ADMIN R PT~2004\01-28\MohawkPSAadopt DOC
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M, Rojas, Public Works Director
January 15, 2004
DEPARTMENT HEAD ,~_OVED
CITY ATTORNEY
CITY MANAGER ~
Resolution adding territory, Area 1-41 (Stockdale, Renfro NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On January 14, 2004 the Council adopted Resolution of Intention No. 1321 to add
territory, Area %41 (Stockdale, Renfro NW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of street landscaping for Tentative Tract No. 6144. Area 1-41 is generally bounded
by a line 1/8 mile north of Stockdale Highway on the north, Renfro Road on the east, Stockdale Highway
on the south and a Pine 1/4 west of Renfro Road on the west. This area will be under the streetscape zone
of benefit and will be assigned the appropriate tier level when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
Lvd
December 12, 2003, 3:49PM
G:\GROUPDAT~ADMINRPT~2004\01-28\MD 1-41Est04.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
TEM: ~.~. ~..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 17, 2003
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~'~"~
CITY MANAGER ~
Resolution adding territory, Area 2-26 (Stockdale, Real) 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)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On January 14, 2004 the Council adopted Resolution of Intention No. 1322 to add
territory, Area 2-26 (Stockdale, Real), 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 the property at 3501 Stockdale Highway (Parcel Merger 02-0585).
Area 3-24 is generally bounded by Stockdale Highway on the north, a line 660 feet east of Real Road on
the east, Highway 58 on the south and Real Road on the west. This area will be under the streetscape
zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed,
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
Lvd
December 17, 2003, 4:11 PM
G:\GROUPDAT~,DMINRPT~2004\01-28\MD2-26Est04 dot
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.j.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 15, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY , fCC/r/Y~
CITY MANAGER ~
Resolution of Intention No. 1324 to add territory, Area 1-44 (Allen, Snow SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No.
6195 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
median and street landscaping. Area 1-44 is generally bounded by Snow Road on the north, a line ¼ mile
east of Allen Road on the east, Olive Drive on the south and Allen Road on the west. This area will be
under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
January 15, 2004, 11:08AM
Q:\PROJECTS\MAIN DIST~ADMINRPT~MD1-44roi04.dot
ADMINISTRATIVE REPORT
MEETING DATE January 28, 2004 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: FIorn Core, Acting Water Resources Manager DEPARTMENT HEAD ~
DATE: January 15, 2004 CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT: Resolution of the Council of the City of Bakersfield Adopting a Maintenance and Operation
Plan for the Allen Road Extension to 1.1 Miles West Levee (Kern River Levee west of So. Allen Road).
(Ward No. 4)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND: An existing levee, located west of South Allen Road along the Ming Ave. alignment,
was strengthened and widened to meet Federal Emergency Management Agency standards for flood
protection to properties south of the river channel. This levee will now provide 100-year frequency flood
protection for developments east and south of the levee. Castle & Cooke, Inc. rebuilt the levee to meet the
FEMA standards and guidelines. In order to certify the levee, FEMA requires the responsible agency, the
City of Bakersfield, to have an officially adopted maintenance and operation plan. The City of Bakersfield
Water Board reviewed and recommended adoption of the resolution adopting a maintenance and
operation plan for this levee at its December 22, 2003 meeting.
Januan/12, 2004, 11:17AM
S:\2004 ADMIN REPORTS\JA28WT1CC.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
ITEM: ,..~. L,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
January 8, 2004
APPROVED
DEPARTMENT HEAD ,/'~/-~
CITY ATTORNEY ~
CITY MANAGER ~
Resolution Approving Annual Renewal of Novell Software Licenses Not to Exceed $60,000
per Year.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
In February, 2003, Council authorized the purchase of Novell software licenses. The network
operating system software that the City uses is supplied by the Novell Corporation. The annual software
licensing is required to support our e-mail, file services, print services as well as the City's security firewall
and is licensed per computer workstation or e-mail address.
The licensing has been negotiated through the State of California State Store process and the City
of Los Angeles and Compucom has agreed to pass the 53.6% discount to the City of Bakersfield.
Last year, the annual licensing cost was $136,000. T his year, the annu al licensing cost is
$47,007.81. This lower amount is due to a decrease in the number of new licenses as well as changes in
the City's system.
This resolution provides that the City may continue to renew the Novell licenses, as long as the
licensing price has been negotiated through the State of California State Store process or other similar
discounted method and the annual cost does not exceed $60,000.
January 21, 2004, 9:59AM
S kAC~Administrative Report$,2004/novelliicense 012804 doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
ITEM: ..~. r~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
January 16, 2004
APPROVED
DEPARTMENTHEAD /'~('~
CITY ATTORNEY ~-"~
CITY MANAGER
Resolution Approving Annual Renewal of Support and Maintenance Services for
Versaterm's Records Management System (RMS) and Computer Aided Dispatch (CAD)
Software Not to Exceed $200,000 Per Year.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
In May, 2001, Council authorized the purchase of Versaterm's Records Management System
(RMS) software to be used by the Police Department. In April, 2002, Council additionally authorized the
purchase of Versaterm's Computer Aided Dispatch (CAD) software to be used by the Police Department.
The software was a vast improvement over the dispatch and records systems the City had been using.
The original purchase included the first year's maintenance on each product. T he Records
Management System went online in 2002 and the Computer Aided Dispatch System went online in 2003.
so maintenance for 2004 is due for the Records Management System.
These software products are used by the Police Department to respond to incoming calls, dispatch
officers, record information about call and case status in the office and the field, manage property, produce
crime and statistical reports, as well as for other functions. They are critical to the proper functioning of
the Police Department.
Maintenance and support services are critical to keeping the software current, especially in the
event of software failure. The cost to renew such services for the calendar year 2004 is $93,784.00 and in
subsequent years this cost will be approximately $175,000.00 (for both systems). Staff desires the
authorization to renew the maintenance and support services this year and annually in the future without
further Council action provided that the cost does not exceed $200,000.00.
January 21 2004 10:01AM
S/AC~dministrative Reports'~2004/Versatecm Maintenance resolution 012804 doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
TEM: ~, Iq,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 10, 2003
A/P ~/OVED/£?
DEPARTMENT HEAD
CITY AT FORNEY
CITY MANAGER ~
Resolution determining that the purchase of the Police Department's fixed two way radio
equipment cannot be obtained through usua~ bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $60,000.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The Police Department's existing fixed two-way radio system was purchased and
installed in 1985. In 1991, the radio system was expanded to provide for increased radio traffic due to
rapid growth within the City. Parts for maintaining the existing MTR2000 repeaters are no longer available
and the reliability has deteriorated. The existing fixed equipment will not function properly with new digital
format radios required by the FCC. The new fixed two-way radio repeaters will allow the new digital radios
to operate in the encrypted mode as well as the old analog format. As the old repeaters are removed from
service they can be used for maintenance parts for the remaining equipment. The replacement of the 25
remaining 15 to 20 year old analog repeaters will be phased into the system over a four year period.
The Public Works Communications Division has negotiated a 17% discount with Motorola for 3 high
quality Police fixed digital radios.
Sufficient funds are budgeted for this purchase.
January 8, 2004, 12:03PM
G:\GROUPDAT'~ADMINRPT~.004\01-28\Telecomm Sole Source Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
I ITEM: ,~. O-
AGENDA SECTION: Consent
TO:
FROM:
DATE:
SUBJECT:
1.
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
January 20, 2004
Local Government Air Quality Measures
APPROVED
DEPARTMENT HEAD
CITY ATFORNEY
CITY MANAGER
Resolution to Implement Local Government Transportation Control Measures in the
Extreme Area Ozone Plan for the San Joaquin Valley
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The San Joaquin Valley Air Pollution Control District (SJVAPCD) has required that all local governments
within its jurisdiction adopt resolutions implementing transportation control measures. The resolution will
be part of an overall ozone attainment plan which will utlimately be submitted for approval by the U.S.
Environmental Protection Agency (EPA). The resolution describes reasonably available transportation
control measures that the City has, and will implement, in order to reduce ozone causing emissions into
the air from transportation sources. The resolution also describes measures that are not feasible because
they are either the responsibility of other entities, such as those regarding transit, or they are not
technically or economically feasible.
The Council adopted a similar resolution Jn 2002 (Resolution No. 184-02) for the SJVAPCD's proposed
Severe Area Ozone Plan. However, since that time, the Governing Board for the SJVAPCD has
determined that the Valley will not be able to meet the national ambient air quality standards (NAAQS) for
one-hour ozone by 2005. On December 18, 2003, the SJVAPCD Governing Board formally requested the
EPA to reclassify the San Joaquin Valley Air Basin to extreme non-attainment for ozone. The extreme
classification would extend the attainment deadline to 2010, thereby providing the SJVAPCD additional
time to meet the standard. The reclassification requires the SJVAPCD to develop and adopt an Extreme
Area Ozone Plan.
The City's Extreme plan is similar to the transportation control measures previously adopted by the
Council in 2002, but have been updated to reflect additional information and actions taken by the Council.
These include the completion of the recent update of the Metropolitan Bakersfield General Plan; the
adoption of a revised Transportation Impact Fee program which provides for a 50% reduction in fees for
development which occurs within the core are of the City to encourage in-fill development and reduce
January 20, 2004, 12:07PM
S:~JOHN\TCrv'~Jr Quality Resolutions Admin Report 1-28-04.DOC
ADMINISTRATIVE REPORT
transportation impacts; the recommendation of a downtown site for the proposed Metropolitan Bakersfield
High Speed Rail Terminal; the construction of the LCNG fueling station; as well as the construction of 8
additional miles of bike path and the landscaping, resurfacing and widening of 7.5 miles of existing bike
paths using over $2 million in state bond funds.
If the City of Bakersfield does not submit a resolution committing to implement certain transportation
control measures, the SJVAPCD will be unable to include Bakersfield in the newest State Implementation
Plan (SIP) that demonstrates sufficient progress towards attainment of the ozone standard. In turn, the
EPA may impose heavy federal sanctions on valley governments and businesses. These sanctions may
include withholding federal transportation funds to local governments. Therefore, staff recommends that
the City adopt the attached resolution which agrees to implement transportation control measures to
control emission sources which are feasible and identify those that are not.
(jws)
January 20, 2004, 12:07PM
S:~OHN\TCM~Air Quality Resolutions Admin Report 1-28-04.DOC
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
ITEM: g. J3.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 7, 2004
APPROVED
DEPARTME.T.EAD
ClTYMANAGER
Tract Maps and Improvement Agreements
Final Map and Improvement Agreement with Almond Tree Village for Tract 6164 Phase 3
located south of Berkshire Road and west of Monitor Street. (Ward 7)
Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar
Bakersfield, Inc., for Tract 6077 Unit 13 located west of Verdugo Lane and south of Olive
Drive. (Ward 4)
Final Map and Improvement Agreements with Eagle Meadows of Bakersfield I, CA., LLC
and Truxtun Plumbing and Mechanical, Inc. for Tract 6187 located east of Buena Vista
Road and north of Pacheco Road. (Ward 5)
RECOMMENDATION: Staff Recommends approval of the map and agreement.
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
January 16, 2004, 8:30AM
G:~GROUP DAT~ADMI N R P'IA2004\01-28\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
January 20, 2004
SUBJECT:
Contracts for legal services:
].
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
IAGENDA SECTION: Consent Calendar
ITEM: ~. o~
APPROVED
Agreement with CLIFFORD & BROWN in the amount of One Hundred Seventy-
Five ($175,000); and
Agreement with MARDEROSIAN, RUNYON, et al in the amount of One Hundred
Fifty Thousand Dollars ($150,000).
RECOMMENDATION:
Staff recommends approval of agreements.
BACKGROUND:
In an effort to save general fund tax dollars, the City Attorney's Office desires to outsource a
majority of its litigation caseload with two established law firms.
The proposed contract with Clifford & Brown provides that they will defend the City of Bakersfield in
thirty (30) Kern County Superior Court cases for a flat fee of $175,000. The proposed contract with
Marderosian, Runyon, et al provides that they will defend the City of Bakersfield in twenty-five (25) Federal
Court cases in Fresno for a flat fee of $150,000.
Both firms have defended the City in the past with positive results. Clifford & Brown has a
compliment of fourteen partners, nine associates and thirty-five support staff. The Marderosian firm is
located in Fresno and has five partners, six associates, and ten support staff. The terms of the contract
provide that the City will not be billed for internal costs, such as copy charges, legal research, or clerical
time. In addition, there is a thirty (30) day termination clause, the requirement of 60-day written status
reports, and the proviso that each firm will charge a maximum $150.00 an hour for cases not covered
under the 25-30 case cap. It is also understood that a senior partner from each firm will either handle the
City cases, or supervise them closely.
From an economic standpoint, the City Attorney's Office already budgets approximately $450,000 for
outside legal services. Approval of these contracts will increase the outside counsel expense to $775,000.
With the elimination of the four positions within the City Attorney's Office last week, the approximate
compensation package of the remaining attorneys, plus the increased outside counsel legal expenses will
be $1,204,600, compared to $1,474,400 budgeted in FY 03-04. Therefore, the expected annual general
funds savings is approximately $269,000. The six-month savings is approximately $24,000 due to one-
mecost adjustments (i.e., accumulated sick and vacation times as well as severance packages). Both
contracts are proposed to be on an annual basis, February 2004 through February 2005.
January 20, 2004, 4:10PM
S:\COUNClL\Admin$~egal Se~ice Agreements.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
IAGENDA SECTION: Consent Calendar
ITEM: ,~. r'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 14, 2004
APPROVED
DEPARTMENT HEAD
CITY A'I'I'O R N E Y~_../"~?
CITY MANAGER
Amendment No. 1 to Agreement No. 01-011 with Ingram's Janitorial, Inc. revising the terms
of the Termination Clause.
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Agreement No. 01-011 with Ingram's Janitorial was approved by the City Council on
January 17, 2001. This agreement is for janitorial services and hardscape maintenance at the Bakersfield
AMTRAK Station. Upon Staff review of the Termination for Cause section, it was determined the wording
and terms were inadequate to allow both the City and the Contractor to terminate according to the
agreement's guidelines. This Amendment will rectify and clarify the wording in the Termination for Cause
paragraph.
January 14, 2004, 1:08PM
G:\GROUPDAT~ADMINRPT~2004\01-28\Ingrams Janitorial.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 27, 2003 AGENDA SECTION: Consent Calendar
ITEM: ~, 5.
TO: APPROVED
FROM: DEPARTMENT HEAD ,'~
DATE: January 16, 2004 CITY ATTORNEY ~
CITY MANAGER
SUBJECT: Amendment No. 1 to Right of Way Contract 03-254 with Caltrans for the intersection of State
Highway 178 and Mount Vernon. (Ward 3)
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND:
On November 19, 1990, the City acquired a 2.5 +/- acre sump from the State of California located
adjacent to the eastbound off-ramp of Highway 178 at Mount Vernon Avenue. As a condition of the
transfer the State reserved an easement to permit it to discharge run-off from Highway 178 into the
sump. The City has utilized the sump to handle surface run-off from adjacent City developments.
Subsequently, Caltrans determined that it should widen the eastbound off-ramp at Mount Vernon and
offered to purchase from the City approximately 0.40 acres of the sump necessary for its project.
Public Works and Water Resources reviewed Caltrans request and found it acceptable provided that
Caltrans agreed to maintain the sump's existing capacity and on August 27, 2003, the City Council
approved Agreement No. 03-254 with Caltrans. The agreement provided for Caltrans to pay the City
$800.00. Recently, Caltrans notified the City that it does not have funds to pay for the property only for
construction. However, Caltrans offered to waive the City's share of engineering and construction costs
for the reconfiguration of the signal system at Mount Vernon Avenue ramps in exchange for the
consideration owed under Agreement No. 03-254.
Staff feels that this is a reasonable and recommends accepting Caltrans' proposal.
January 16, 2004. 9:52AM
P:\MyFiles~Admm Reports~vlt Vernon Sump amend doc
DMACs
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 15, 2004
APPROVED
DEPARTMENT HEAD
ClTY A'I-FORNEY,....~'~''
CI M^.AGER
Amendment to Agreement No. 03-182 to reduce fees charged by Krazan & Associates for
geotechnical and materials testing services for various Capital Improvement Projects for a
net reduction of $9,153.75.
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: In order to assist the City of Bakersfield in coping with the current budget situation
caused by the lack of Vehicle License Fee backfill from the State of California, Krazan & Associates has
offered to reduce the fees that they currently charge for geotechnical and materials testing services. The
proposed reductions offered by Krazan & Associates are as follows:
· Hourly Rate for Soils Technicians
· Fees for Laboratory Testing
$2.00 per hour reduction ($65.00 to $63.00)
5% reduction on all fees
This amended agreement will reduce the total compensation to Krazan & Associates by $9,153.75.
G:\GROUPDAT~ADMINRPT'~.004~Arnend 03-182 Krazan.docJanuary 15, 2004, 1:45PM
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
ITEM:
AGENDA SECTION: Consent Calendar
TO: Honorable Mayor and City Council APPROVED
Kurtz, Economic Development Director DEPARTMENT HEAD
FROM:
Donna
L.
DATE: January 22, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Amendment No. 3 to Agreement No. 01-087/RA 01-3 with CVE Development, Inc. to
correct technical language in the agreement to include the federal prevailing wage
designation. 0NARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Capital Vision Equities is developing 180 units of affordable senior housing south of California Avenue in
the Southeast Redevelopment Project Area. The project was financially assisted with City HOME funds
and Downtown Redevelopment Project Area Housing Set-aside funds and later received a substantial
federal tax credit award in the fall of 2002.
The timeline of this project has been unusually long due to the financial complexities and the many private
acquisitions and relocations that were required to assembte the site. However, in the past few months, the
developer has cleared all of the old structures, relocated all the existing utilities, and more recently begun
the grading work and installation of the sewer lines. The project is expected to be completed and ready
for occupancy in December 2004. The developer's local construction manager has indicated that the
critical construction components have recently been bid out and they are ready to proceed in awarding the
construction bids. The project's local construction manager, SC Anderson, is also the general contractor
on the 80 unit Bakersfield Senior Center Housing project which is approximately 80% complete. Both
projects construction bid specifications were prepared using federal Davis Bacon Federal Prevailing Wage
regulations due to the federal funding sources involved in the development or construction projects.
Staff recently reviewed the construction language in the CVE agreement and found inconsistencies
between the agreement and the construction bidding documents. The proposed amendment has been
drafted to clarify that Federal Davis Bacon Prevailing Wages will be used for construction wages on the
project.
S:~Admins\City Council\CVE amend #3.doc
1/22/2004 9:21 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 16, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ,,~g~
CITY MANAGER
Maintenance and Use Agreement, Quitclaim Deed, and Grant of Easement for Camino
Grande Street Vacation at the Bear Mountain Cogeneration Facility (Ward 3)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND
On January 21, 2003, the Council adopted Resolution of Intention No 1289 declaring its intention to order
the Camino Grande Drive Vacation and setting March 12, 2003, as the date for Public Hearing. The
hearing date was subsequently continued to April 30, 2003, and then to July 9, 2003, when the Council
approved the vacation.
Bear Mountain Cogeneration Plant is accessed by Camino Grande Drive from Alfred Harrell Highway to
the west and from Paladino Drive to the south. The County has regulated the access through the portion
of Camino Grande Drive that extends through the old landfill property. Bear Mountain, Limited, owner of
the Cogeneration Plant has applied for the vacation so a gate can be placed at the east end of Camino
Grande Drive to control access along the north side of the Cogeneration Plant.
Bear Mountain, Ltd. and the City have agreed that the underlying fee ownership of the vacating area shall
be Quitclaimed by Bear Mountain to the City upon completing the vacation. When Quitclaimed, the strip
will be used for a City bike path, Cogeneration Plant Access, Public Utility purposes and City and County
Municipal Services. The City will also agree to Bear Mountain erecting a gate across the bike path with a
design to be approved by the City. Also, Bear Mountain and the City will enter into a written Maintenance
and Use Agreement covering Bear Mountain's payment contribution for road maintenance and their
access rights. The Resolution to Order Vacation shall not be recorded until the Agreement is approved
and signed by the necessary parties.
The attached Agreement is the instrument that will be used for Bear Mountain and the City to accomplish
the above. Upon the complete execution of this agreement, the vacation and the agreement will be
recorded simultaneously.
January 21, 2004, 10:38AM
G:\GROUPDAT~ADMINRPT~2004\01-28\Camino Grande Bear Mountain Agr doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar
ITEM: 5. to,
TO: Honorable Mayor and City Council _A. PPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ,, ~i,
DATE: January 14, 2004 CITY ATTORNEY //~
CITY MANAGER ~
SUBJECT: Historic Preservation Commission 2002/2003 Fiscal Year Annual Report. (All Wards)
RECOMMENDATION:
Staff recommends acceptance of report.
BACKGROUND:
The Historic Preservation Ordinance requires the Historic Preservation Commission to prepare an annual
report to the Mayor and City Council on Commission activities. This annual report covers fiscal year
2002/2003. During the last year, the Commission participated in a variety of activities promoting historic
preservation in Bakersfield.
It is with great pleasure that Chairman Scott Fieber submits this report. Mr. Fieber was re-elected
Chairman in July 2003.
S:~Admins\City Council\HPC ann report.doc
1/14/2004 10:28 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~. X,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
January 22, 2004
APPROVED
DEPARTMENT HEA~.
ClTY ATTORNEY
ClTY MANAGER ~
Community Development Block Grant(CDBG) Action Plan Amendment No. 3 (FY 03/04)
fbr Wayside Park - Wet Pl~y Area Project. (Ward 1)
1) Appropriate $35,000 current year CDBG Program Income to the Capitallmprovement
Budget.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendment affects CDBG program funds. This amendment will allocate
$35,000 of CDBG program income funds from FY 03/04 for the design and construction of a wet play area
for Wayside Park.
AMENDMENT NO. 3 FY 03~04 ACTION PLAN - B-03-MC-06o0510
Project ID Available Budget Revised
Project Title & Description Activity Code/ Amount of Changes Total
Citations Funds Funding
Add
Wayside Park- Wet Play Area Project. 03F $0 $35,000' $35,000
Design and Construction of a wet play area and Parks, Recreational
improvements. (Ward 1) Facilities
570.201(c)
*Program Income
A public notice was published December 22, 2003 to begin the 30-day public comment period for this
amendment. To date no comments have been received.
S:~Admins\City Councii'taction plan amendment 1-28-04.dcc
1/22/2004 8:21 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
IAGENDA SECTION: Workshop
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 16, 2004
APPROVED
DEPARTMENT HEAI~-~'~ ~ ~_.
CITY ATTORNEY~_~/~~
Westside Parkway update report. (Staff presentation by Public Works Director Raul Rojas)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Staff will present an update report on the progress of the Westside Parkway project.
Ted W:
January 16, 2004, 9:17AM
G:\GROUPDAT'~DMINRP'r~004~l-14\Workshop Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
IAGENDA SECTION: Workshop
ITEM: 6. b,
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Christensen, Recreation & Parks Director DEPARTMENT HEAD -~_~_/..~
DATE: January 16, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Pool Closure Workshop
RECOMMENDATION: Due to budget captures and financial threats from the State, staff
recommends that Wayside, Planz, Jastro, Siemon, and Beale pools not be opened for the 2004 season.
BACKGROUND:
Because of budget cuts this year and further uncertainty caused by the State's budget proposal, staff has
recommended closing five city pools: Wayside, Planz, Jastro, Siemon, and Beale. These
recommendations are based upon high operating costs, lower attendance, and expensive capital repairs
necessary to open the facilities for the summer season. Staff estimates it would cost at least $254,000 in
one-time capital improvements and repairs to open five pools for summer 2004. In addition, the proposed
operating losses on the five for the summer are projected at an additional $304,587. The total saved by
not opening them in both Capital and operating losses is $558,587.
It is proposed at this time that Planz, Jastro, Siemon and Beale be closed for only the 2004 season. If the
State stops its capture of City funding, it is our hope to reopen them in 2005. Wayside is being considered
for permanent closure in an item pending before the Community Service Committee.
Pools recommended to remain open are Jefferson, Martin Luther King, Silver Creek and McMurtrey. The
facilities remaining open are the highest attended and have the most capacity to serve a maximum
number of users. Silver Creek has the highest attendance of any City pool. Martin Luther King Pool is
receiving a major rehabilitation and will reopen in June. Jefferson Pool will be opened this summer with
major rehabilitation work to follow next fiscal year (04-05). McMurtrey is a new facility that will be
completed in June 2004.
A decision to open the pools must be made by the February 11th City Council meeting, at the latest. There
are three reasons for the deadline. First, it will take a few months to complete repairs in time for the
summer season. Second, staff must begin immediately to hire and train part-time aquatics staff and
lifeguards in preparation for the season. Third, the recreation brochure is our primary marketing and
communication tool to inform the public which facilities are open and at what times. The deadline for
submitting the brochure information to the printer is February 13th.
Januar~ 22, 2004, 10:02AM
S:~,C~Administrative Repods~004~:'ool Closure workshop 012804.doc
Page I
ADMINISTRATIVE REPORT
Attached for your information is a breakdown of operation costs, repairs, revenue generated, and
operating loss at each City pool. Attendance figures for each poop are also included.
This is an unfortunate circumstance that staff initiates only with regret. As in the budget cuts done on
January 14th, it is necessary to save General Fund and safety positions. Absent contrary instructions from
the City Council, staff would not initiate hiring or begin repairs, which are the actions necessary to open
the pools.
January 22, 2004, 10:02AM
S:~AC~Ad rninist rativ e Reports~O04~Pcol Closure workshop 0~ 2804.doc
Page 2
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004 AGENDA SECTION: Closed Session
ITEM: ~. 0...
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ginny Gennaro, City Attorney
January 21,2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY _/'~'~'~
CITY MANAGER ~'~
Conference with Legal Counsel -- Potential Litigation
Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9
One (1) potential case.
RECOMMENDATION:
BACKGROUND:
GG:Is
January 21, 2004, 8:27AM
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Hearings
ITEM: 14,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 22, 2004
DEPARTMENT HEAD
OI MANAG/.
Appeal by Castle & Cooke of Planning Commission's approval of Vesting Tentative Tract
6223 located at the northeast corner of White Lane and South Alien Road. (Engineer-
Mclntosh & Associates/Subdivider - Castle and Cooke Development).
Resolution modifying the Planning Commission's conditions of approval, adopting the
Negative Declaration, approving Vesting Tentative Tract Map No. 6223 generally located on
the northeast corner of White Lane and South Allen Road, and denying the appeal.
Ordinance modifying Planning Commission's conditions of approval adopting the Negative
Declaration, amending Section 17.06.020 (Zone Map 112-12) of Title Seventeen of the
Bakersfield Municipal Code by Changing the zoning from an R-1 (One Family Dwelling)
zone to a PUD (Planned Unit Development) zone on 107.38 ± acres generally located on
the northeast corner of White Lane and South Alien Road, and denying the appeal (File
#03-01073) (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the resolution denying the appeal, adopting the Negative
Declaration, and approving Vesting Tentative Tract Map No. 6223, and first reading of the
ordinance.
BACKGROUND:
This appeal hearing was continued from the January 14, 2004 meeting. The project site is located
on the north side of White Lane and east of South Allen Road. Tentative Tract Map 6223 consists
of 242 lots for purposes of private gated single family development, 1 lot for a retention basin, 26
private landscape lots and 2 private parks on 107.38 acres zoned R-1 (One Family Dwelling).
Concurrent Zone Change #03-01073 is a change from an R-1 (One Family Dwelling) zone to a
P.U.D. (Planned Unit Development) zone on the same property.
On November 20, 2003, the Planning Commission unanimously adopted Resolution No. 162-03
conditionally approving Tract 6223 and adopting Resolution No.163-03 recommending conditional
approval of Zone Change No. 03-01073. No one spoke in opposition to the proposed project.
Steve DeBranch of Castle and Cooke Development appealed the condition adopted by the
Planning Commission requiring alleys have a minimum paved width of sixteen feet.
ADMINISTRATIVE REPORT Page2
The appellant and staff have met and resolved the issues relevant to alley access for service and
emergency response. The conditions of approval have been modified to reflect the agreement.
The agreement is that the minimum width of alley rights-of-way will be 20 feet with no less than
sixteen feet of paved width and two feet on each side of non-obstructive landscape ground cover
(eg. no trees or large shrubs). Where alleys intersect they will be paved over the full 20-foot width
for a distance measured 40 feet from their centerline intersection. Parking within 40 feet of the
intersection will be prohibited. The prohibition against parking will be indicated at the alley
intersection, home buyers will be notified of the parking/no parking requirements, the Home
Owners Association will have responsibility and immediate authority to enforce the no parking
rules. Refuse collection will be by way of the alleys. The routing and placement of refuse cans for
collection are to be coordinated with the Solid Waste Division of the Public Works Department.
Staff recommends adopting the Negative Declaration, denying the appeal, approving the
subdivision with modified conditions, and giving first reading of the zone change ordinance.
Based upon an initial environmental assessment, staff has determined the proposed project will
not significantly affect the physical environment. A Negative Declaration was prepared and
noticed in accordance with CEQA.
JE
Adm in~jan\1-28-6223
ADMINISTRATIVE REPORT
IMEETING DATE: January 28, 2004
AGENDA SECTION: Hearings
ITEM: I~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 21, 2004
///~PROVED
DEPARTMENT HF.~,/
CITY ATrORNE~'
Resolution denying the appeal from the Sierra Club, upholding the decision of the Planning
Commission, approving Revised Vesting Tentative Tract Map 6169 generally located north
of Panama Lane, south of Harris Road (extended), east of Old River Road (Engineer -
Porter-Robertson / Subdivider - McMillan Albany, L.L.C.) (Ward 5).
RECOMMENDATION:
Staff recommends adopting the resolution denying the appeal, upholding the decision of the
Planning Commission and approving Revised Vesting Tentative Tract Map 6169.
BACKGROUND:
On November 20, 2003, the Planning Commission adopted Resolution No. 160-03 approving
Revised Vesting Tentative Tract Map 6169 with conditions. Tract 6169 is generally located north of
Panama Lane, south of Harris Road (extended), east of Old River Road and consists of 347 lots
for single family residential purposes, a sump lot and a lot for future development on 87.81 acres
zoned R-1 (One Family Dwelling) and C-1 (Neighborhood Commercial). The engineer is Porter-
Robertson and the subdivider is McMillan Albany, L.L.C. The Planning Commission determined
that a previous Negative Declaration, approved for the original approval of Tract 6169 was
adequate for and pertinent to Revised Vesting Tentative Tract 6169. The changes made to the
original map were not substantial and amounted to minor changes in street design and minor
changes in lot sizes.
Gordon Nipp and Arthur Unger of the Sierra Club spoke in opposition to the project at the Planning
Commission meeting. Harold Robertson, Porter-Robertson Engineering, representing the
subdivider McMillian LL.C. spoke in favor of the tract. No one else spoke before the Planning
Commission.
The Sierra Club filed an appeal objecting to the Planning Commission's approval of Tract 6169 and
requesting an Environmental Impact Report (EIR) be prepared (letter attached as Background
material). The Sierra Club's letter of appeal states that conversion of prime farmland, cumulative
impacts to air quality, and traffic have not been adequately addressed. The Sierra Club is of the
opinion that the recent General Plan Update EIR contains little specific information on cumulative
impacts. The Sierra Club is requesting a traffic study be prepared to analyze cumulative traffic
impacts.
ADMINISTRATIVE REPORT Page2
Cumulative impacts related to air quatity, traffic and biological resources were evaluated in an
initial study which was prepared for the original approval of this tract in accordance with adopted
standards. The San Joaquin Valley Air Pollution Control District (APCD) has published the "Guide
for Assessing and Mitigating Air Quality Impacts" to establish consistent methodology for
evaluating project impacts from development projects. The Guide also sets forth thresholds of
significance. An Air Quality Impact Analysis was performed for Revised Tentative Tract 6169, as
no study was performed with the original approval. The study determined that the project's air
quality impact is insignificant, therefore, it follows that cumulative impacts are also considered
insignificant. Cumulative impacts for the existing residential land uses of the project site were
evaluated with the recently completed General Plan Update EIR. CEQA Guidelines 15064(h)(3)
states: "A lead agency may determine that a project's incremental contribution to a cumulative
effect is not cumulative considerable if the project will comply with the requirements that will avoid
or substantially lessen the cumulative problem (e.g. water quality control plan, air quality plan,
integrated waste management plan) within the geographic area in which the project is located."
The project is subject to the rules and regulations for the APCD. Thus, in accordance with CEQA
Section 15064(h)(3), this project's cumulative impacts are considered insignificant. No further study
is needed.
An independent analysis was performed with the adoption of the Regional Transportation Impact
Fee (RTIF), which accounts for development of this site under the current Low Density Residential
land use designation. The RTIF program adoption process included public review and comment
on the traffic analysis methodology as well as the fee amount. Many transportation options were
considered to address buildout of the Metropolitan Bakersfield General Plan prior to arriving at the
improvement list supported by the RTIF program. This development will pay the fair share of
needed mitigation based upon the RTIF program. The RTIF program includes extension of Old
River Road and Panama Lane. Because this project would be consistent with the general plan
evaluated in the RTIF program, no further analysis is necessary.
In response to the Sierra Club's comments on prime agriculture conversion, the conversion of
farmland to urban uses was also discussed in the Metropolitan Bakersfield General Plan Final EIR.
The General Plan identified areas planned for urban development, including the project site, and
stated that implementation of the General Plan will contribute to the conversion of prime farmlands
to urban use, and will result in a reduction of the regional agricultural economy. A portion of the
subject site has been used in recent seasonal agricultural production (less than 40 acres).
Because the project involves less than 100 acres of land used for agricultural purposes, the
impacts are considered to be less than significant.
Conclusion.
Staff recommends the appeal be denied, uphold the decision of the Planning Commission
approving Revised Vesting Tentative Tract Map 6169 with conditions as shown on the attached
resolution.
LP
Admin\jan1-28-6169
ADMINISTRATIVE REPORT
MEETING DATE: January 28, 2004
AGENDA SECTION: Hearings
ITEM: ~. 0,-,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 21, 2004
/~A~ROVED
DEPARTMENT HE~
CITY A'I-DORN
CiTY MAN~ER'"'~
Resolution denying the appeal from the Sierra Club, upholding the decision of the Planning
Commission, adopting the negative declaration and approving Vesting Tentative Tract Map
6193 located at the southeast corner of State Route184 (Kern Canyon Road) and Mesa
Marin Drive (Engineer - Porter-Robertson / Subdivider - Allen L. Newsom) (Ward 3).
RECOMMENDATION:
Staff recommends adopting the resolution denying the appeal, upholding the decision of the
Planning Commission approving the negative declaration and Vesting Tentative Tract Map 6193.
BACKGROUND:
On November 20, 2003, the Planning Commission adopted Resolution No. 161-03 approving
Vesting Tentative Tract Map 6193 with conditions. Tract 6193 is located on the southeast corner of
State Route184 (Kern Canyon Road) and Mesa Marin Drive and consists of 139 lots on 40.59
acres for single family residential purposes zoned R-1 (One Family Dwelling) and a request for
alternate lot design.
Gordon Nipp and Arthur Unger of the Sierra Club spoke ~n opposition to the project at the Planning
Commission meeting. Randy Berquist, Porter-Robertson Engineering, representing the subdivider
Allen Newsom spoke in favor of the tract. No one else spoke before the Planning Commission.
The Sierra Club filed an appeal objecting to the Planning Commission's approval of Tract 6193 and
requesting an Environmental Impact Report (EIR) be prepared (letter attached as Background
material). The Sierra Club's letter of appeal states that cumulative impacts to air quality, biological
resources and traffic are significant, and that these issues have not been adequately addressed.
The Sierra Club is of the opinion that the recent General Plan Update EIR contains little specific
information on cumulative impacts. The Sierra Club is requesting a traffic study be prepared to
analyze cumulative traffic impacts. In addition, the Sierra Club believes the project is near habitat
of the Blunt Nose Leopard Lizard and requires additional study in accordance with the State
protocol.
Cumulative impacts related to air quality, traffic and biological resources were evaluated in the
initial study in accordance with adopted standards. The San Joaquin Valley Air Pollution Control
ADMINISTRATIVE REPORT Page 2
District (APCD) has published the "Guide for Assessing and Mitigating Air Quality impacts" to
establish consistent methodology for evaluating project impacts from development projects. The
Guide also sets forth thresholds of significance. Tract 6193 falls below the threshold established
by the APCD's Guide. Therefore, an Air Quality Impact Analysis is unnecessary. Since the project's
air quality impact is insignificant, it follows that cumulative impacts are also considered
insignificant. Cumulative impacts for the existing residential land uses of the project site were
evaluated with the recently completed General Plan Update EIR. CEQA Guidelines 15064(h)(3)
states: "A lead agency may determine that a project's incremental contribution to a cumulative
effect is not cumulative considerable if the project will comply with the requirements that will avoid
or substantially lessen the cumulative problem (e.g. water quality control plan, air quality plan,
integrated waste management plan) within the geographic area in which the project is located."
The project is subject to the rules and regulations for the APCD. Thus, in accordance with CEQA
Section 15064(h)(3), this project's cumulative impacts are considered insignificant. No further study
is needed.
An independent analysis was performed with the adoption of the Regional Transportation Impact
Fee (RTIF), which accounts for development of this site under the current Low Density Residential
land use designation. The RTIF program adoption process included public review and comment
on the traffic analysis methodology as well as the fee amount. Many transportation options were
considered to address buildout of the Metropolitan Bakersfield General Plan prior to arriving at the
improvement list supported by the RTIF program. This development will pay the fair share of
needed mitigation based upon the RTIF program. The RTIF program includes widening of
Highway 178. Because this project would be consistent with the general plan evaluated in the RTIF
program, no further analysis is necessary.
In response to the Sierra Club's comments on Highway 178 traffic congestion, capacity on
Highway 178 would exceed acceptable levels only if all the approved tracts in the area were all
built out today under present-day road conditions. However, tracts are built out over a number of
years, with each project paying for its proportional share through the RTIF program. The mitigation
in the RTIF program provides for cumulative traffic impacts, including additional traffic on Hwy 178.
The Public Works Department reports that the widening of Highway 178, near Highway 184 will be
scheduled in a timely manner to meet future growth needs.
The developer obtained the services of M.A. Wolfe and Associates, a local biological consultant, to
evaluate the subject property to see if Blunt Nose Leopard Lizard (BNLL) is observed on the
property and if the property is suitable habitat for the BNLL. The Sierra Club contends the protocol
used by the consultant was not the correct protocol. The protocol referred to by the Sierra Club is a
draft protocol and not mandatory procedure. It is only a suggestion. The protocol used by Wolfe
and Associates is also an acceptable protocol, and has been used in previous studies to determine
whether BLNN is on a property or if the project site is habitat for BNLL. The study for Tract 6193
was sent to the State Department of Fish and Game. Staff is confident that the consultant properly
and adequately evaluated the property and that the conclusions of no BNLL sighted on the
property and that the property is not suitable habitat are accurate.
Staff recommends the appeal be denied, uphold the decision of the Planning Commission
approving the negative declaration and approving Vesting Tentative Tract Map 6193 with
conditions as shown on the attached resolution.