HomeMy WebLinkAbout02/11/04_CC_AGENDA_PACKETWELCOME TO YOUR CITY COUNCIL MEETING
ON BEHALF OF THE CITY COUNCIL, I WANT TO THANK YOU FOR ATTENDING THIS MEETING. I HOPE YOU FIND THE FOLLOWING
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PAMELA A. McCARTHY, CMC
CITY CLERK
LEGEND
1 - Irma Carson, Councilmember, First Ward
2 - Sue Benham, Councilmember, Second Ward
3 - Mike Maggard, Councilmember, Third Ward
4 - Harvey L. Hall, Mayor
5 - David Couch, Vice-Mayor, Fourth Ward
6 - Harold Hanson, Councilmember, Fifth Ward
7 - Jac(]uie Sullivan, Councilmember, Sixth Ward
8 - Mark Salvaggio, Councilmember, Seventh Ward
9 - Raul Rojas, Public Works Director
10 - Jack Hardisty, Development Services Director
11 - Alan Tandy, City Manager
12 - Virginia Gennaro, City Attorney
13 - Pamela A. McCarthy, City Clerk
14 - News Media
Your City Government
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City Council Agenda
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CONSENT CALENDAR - All matters are considered routine and generally approved in one motion. A Councilmember or member
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READING THE AGENDA:
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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.
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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.
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becomes effective immediately and may be changed by an amendment or subsequent resolution.
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Attomey is appointed by the City Council and serves as chief counsel and legal representative of the City.
..... oOo ....
BAKERSFIELD CITY COUNCIL
AGENDA
FEBRUARY 11, 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. ROLLCALL
2. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Terry Schroepfer, President of American
Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 22 - 28,
2004, as "National Engineers Week".
Presentation by Mayor Hall of Proclamation to Rich Richardson, Program Chair for Read
Across Bakersfield, proclaiming March 4, 2004, as "Read Across Bakersfield Day".
3. PUBLIC STATEMENTS
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of meeting of the January 28, 2004.
Payments:
Approval of department payments from January 16, 2004 to January 29, 2004 in the
amount of $9,917,811.00 and self insurance payments from January 16, 2004 to January
29, 2004 in the amount of $94,245.46
Ordinances:
(Ward 5)
Adoption 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) (First Reading 1/28/04)
Resolutions:
(Wards 1,4)
Resolutions of Application proposing proceedings for annexation of uninhabited territory
to the City of Bakersfield property identified as Annexation No. 457 and 458, located in two
separate areas (1) between Kratzmeyer Road and Reina Road, generally west of Allen
Road and (2) east of Oswell Street to Sterling Road, generally south of State Route 58.
(Wards 1,2)
Resolution confirming the approval by the Assistant to City Manager of the report of the
Chief Code Enforcement Officer regarding assessments of certain properties in the City
of Bakersfield for which structures have been secured against entry or for the abatement
of certain weeds, debris and waste matter and authorize collection of the assessments by
the Kern County Tax Collector.
(Ward 4)
(Ward 5)
(Ward 5)
(Ward 3)
(Ward 1)
CONSENT CALENDAR continued
Resolution adding territory, Area 1-44 (Allen, Snow SE) 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 in support of the Committee for Workers' Compensation Reform and
Accountability and the Workers' Compensation Accountability and Reform Act Initiative.
Agreements:
Final Map and Improvement Agreement with GMAC Model Home Finance and Lennar
Bakersfield, Inc. for Tract 6082 Unit 4 located north of Pacheco Road and east of Mountain
Vista Drive.
Subordination AgreementJConsent to Grant Easement between the City and Kern Delta
Water District for canal crossing Panama Lane east of Buena Vista Road.
j. Property Acquisition:
Agreement with EPIC, LLC ($5,500.00) to exchange real property located in the
south half of Section 10, Township 29 South, Range 28 East, north of Alfred
Harrell Highway and west of Fairfax Road.
Appropriate $7,500.00 fund balance to the Capital Improvement Budget within the
refuse fund.
Agreement with Centennial Garden and Flying Football LLC for Bakersfield Blitz Arena
Football Expansion Team.
Amendment No. I to Agreement No. 03-070 with Launer & Associates regarding additional
appraisal services required regarding proposed Assessment District No. 03-1 (Brighton
Place/Silver Creek II). Additional Costs of $5,000 to be paid from developer deposit.
Bids:
Accept bid from Ramsey Street Ford ($27,490.32) for two (2) additional mid size sedans
for Code Enforcement (grant funded).
Accept bid from Central Valley Truck Center ($294,049.48) for two (2) additional refuse
trucks, and Gibbs International ($440,754.60) for four (4) replacement refuse trucks for the
Solid Waste Division of Public Works. (Total $734,804.08)
Accept bids from JAM Services (8 items $21,021.00), McCain Traffic Supply (1 item
$17,889.30), Econolite Control Products (9 items $17,106.38), U.S. Traffic Corporation (2
items $1,170.05), Graybar Electric (1 item $1,044.53), and Western Pacific Signal (2 items
$515.60) for traffic signal equipment. (Total $58,746.86)
Accept bid to award annual contract to Boise Office Solutions not to exceed the budgeted
amount of $300,000.00, for office supplies.
Accept bid to award contract to Bowman Asphalt, Inc. ($138,117.72) for Safe Route to
School Improvements on Belle Terrace and Texas Streets.
=
(Ward 1)
(Ward 4)
(W a rd 4)
(Ward 3)
CONSENT CALENDAR continued
r. Wastewater Treatment Plant No. 2, Effluent Storage Improvements:
1. Accept bid to award contract to Whitaker Contractors Inc. ($1,840,396.00).
2. Appropriate $500,000.00 Sewer Enterprise Fund balance to the Capital
Improvement Budget.
Miscellaneous:
Request from North Bakersfield Recreation and Park District to change zoning of parks
within the district from OS (Open Space) to RE (Recreation). (Staff recommends referral
of this item to the Planning and Development Committee.)
Staff recommends adoption of Consent Calendar items a through s.
CONSENT CALENDAR HEARINGS - see additional items at 7:00 pm portion of meeting
Appeal by Mclntosh and Associates of the Planning Commission's denial of Zone Change
03-1279. (Engineer-Mclntosh & Associates/Subdivider-Castle & Cooke Development).
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 102-06 from A (Agriculture) to E
(Estate) on 74.35 acres, and to DI (Drilling Island) zone on 2.5 acres, located along
the north side of Snow Road, east of the Friant-Kern Canal, generally west of
Calloway Drive. (ZC 03-1279)
Staff recommends overturning the Planning Commission decision, adopting the Negative
Declaration, and approve the zone change as requested and give first reading to the ordinance.
General Plan Amendment/Zone Change 03-1165; Michael J. Callagy, Cornerstone
Engineering, Inc., representing Marco Gaona, has proposed a General Plan Amendment,
an amendment to the Breckenridge Hills Specific Plan, and a zone change located
approximately 1,100 feet south of Chase Drive and approximately 3,000 feet east of the
Kern Canyon Road - Vineland Road intersection on 30 acres.
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designations from HMR (High Medium Density
Residential), OS (Open Space) and R-MP (Resource-Mineral Petroleum) on 30
acres.
Resolution approving the Negative Declaration and adopting the Breckenridge Hills
Specific Plan Amendment to change land use designations from Map Code 5.2
(Residential - Maximum 16 units per net acre) to Map Code 5.3 (Residential -
Maximum 10 units per net acre), from Map Code 8.5/2.5 (Resource
Management/Physical Constraints - Flood Hazards) to Map Code 5.3 and from
Map Code 8.4 (Resoume - Mineral and Petroleum) to Map Code 5.3 on 30 acres.
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 101-13 from R-H (Residential
Holding) to R-1 (One-Family Dwelling) on 30 acres.
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan and specific plan amendments, and give first reading to the ordinance.
5. CONSENT CALENDAR HEARINGS continued
(Ward 4)
General Plan Amendment/Zone Change 03-1178; Froehlich Construction Company has
proposed a General Plan Amendment and zone changes generally located at the
southeast corner of Brimhall Road and River Ranch Drive.
Resolution approving the Mitigated Negative Declaration and adopting the General
Plan Amendment to change land use designation from GC (General Commercial)
to LMR (Low Medium Density Residential) on 19 acres.
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 101-13 from C-2 PCD (Regional
Commemial Planned Commercial Development) to R-2 PUD (Limited Multiple-
Family Dwelling Planned Unit Development) on 11.99 acres, from PCD to R-2
PUD on 6.77 acres, from PCD to C-O (Professional and Administrative Office) on
4.74 acres, PCD to C-2 on 13.80 acres and from C-2 PCD to C-2 on 4.96 acres.
Staff recommends adoption of resolution approving the Mitigated Negative Declaration, approving
the general plan amendment and give first reading to ordinance.
(Ward 3)
General Plan Amendment/Zone Change 03-1190; Brett Dawson has proposed a General
Plan Amendment and a zone change located along the east side of Morning Drive
approximately 300 feet north of State Route 178 on 81.50 acres.
Resolution approving the Negative Declaration and adopting the General Plan
Amendment to change land use designations from LMR (Low Medium Density
Residential) to LR (Low Density Residential) on 81.50 acres.
First Reading of Ordinance adopting the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 101-13 from MH (Mobile Home) to
R-1 (One Family Dwelling) or more restrictive zoning on 81.50 acres.
Staff recommends adoption of the resolution, approving the Negative Declaration, approving
the general plan amendment, and give first reading to the ordinance.
6. CLOSED SESSION
Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation
pursuant to subdivision (b) (1) (C) of Government Code Section 54956.9. One (1)
potential case.
Conference with Legal Counsel - Existing Litigation. Closed session pursuant to
subdivision (a) of Government Code Section 54956.9 City v. SPCA, et al.
Conference with Labor Negotiator, William Avery, pursuant to Government Code Section
54957.6. Employee Organization: Fire Unit.
RECONVENED MEETING - 7:00 p.m.
7. ROLL CALL
8. INVOCATION by Pastor Ken Noel, Victory Chapel.
PLEDGE OF ALLEGIANCE by Marisa Johnson, 10t~ Grade Student and, Maria Johnson, 1 lt~ Grade
Student at Valley Oaks Charter School.
4
10.
11.
12.
(20 min.)
13.
14.
15.
(Ward 7)
(Ward 4)
CLOSED SESSION ACTION
PRESENTATIONS - see additional items at 5:15 pm portion of meeting
Presentation to Fire Department of radio equipment for the Hazardous Materials
Paramedic Program from Liberty Ambulance.
WORKSHOP
Educational presentation by League of California Cities Executive Director Chris K.
McKenzie on League activities, protection of local revenues, constitutional amendment
efforts, and other current league activities affecting the City of Bakersfield and the State
of California.
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 hearing items listed but not heard at 5:15 pm portion of meeting.
General Plan Amendment 02-0882; David Dmohowski, representing James and Barbara
Gibb, has proposed a General Plan Amendment located along the northwest corner of
Wible Road and Hosking Road on 19.22 acres.
Resolution approving the Negative Declaration and disapproving the General
Plan Amendment to Change Land use designation from LR (Low Density
Residential) to GC (General Commercial) on 19.22 acres.
Staff recommends adoption of resolution approving the Negative Declaration and disapproving
the general plan amendment.
General Plan AmendmentJRiverlakes Ranch Specific Plan/Zone Change No. 03-1176;
Kathryn McWhorter, with DeWalt Corporation, representing Meany Partners, LLC, has
proposed a General Plan Amendment, an amendment to the Riverlakes Ranch Specific
Plan and a zone change on 42.89 acres located on the north side of Meany Avenue,
between Coffee Road and Patton Way.
Resolution adopting the Negative Declaration and approving the General Plan
Amendment to change the land use designation from LR (Low Density
Residential) to HMR (High Medium Density Residential) on 42.89 acres.
Resolution adopting the Negative Declaration and approving the General Plan
Amendment to change the land use designation form LR (Low Density
Residential) to HMR (High Medium Density Residential) on 42.89 acres.
First Reading of Ordinance adopting the Negative Declaration and approving the
proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 102-
21 to change the zoning from R-1 (One Family Dwelling) to R-2/P.U.D. (Limited
Multiple-Family Dwelling/Planned Unit Development on 42.89 acres.
Staff recommends adoption of the resolutions and give first reading to ordinance.
15.
(Ward 3)
16.
17.
HEARINGS continued
General Plan Amendment/Zone Change No. 03-1189; Appeal by San Joaquin
Engineering, representing Rex Martin) of the Planning Commission's Conditions of
Approval. San Joaquin Engineering is proposing to designate the northern 2.6 acres of
the project site for single family residential development (10,000 sq. ft. lots) and the
southern 5.6 acres for suburban residential development (one acre lots). The area that
contains the drainage channel (1.6 acres) would remain as open space. Generally
located south of Chase Avenue and east of Kern Canyon Road (State Route 184).
Resolution adopting the Negative Declaration and approving the General Plan
Amendment to change the land use designation from: (1) HMR (High Medium
Density Residential) to LR (Low Density Residential) on 1 acres, (2) OS (Open
Space) to LR on 1.6 acres, (3) R-MP (Resource-Mineral Petroleum) to OS on.18
acres, (4) OS to SR (Suburban Residential) on .06 acres, and (5) R-MP to SR
on 5.5 acres.
Resolution adopting the Negative Declaration and approving the amendment to
the Breckenridge Hills Specific Plan to change the Map Code designations from:
(1)Map Code 5.2 (Max 16 du/net ac.) To Map Code 5.3 (Max. 10 du/net ac.) On
I acres, (2) Map Code 8.5/2.5 (Resoume Management/Flood Hazards) to Map
Code 5.3 on 1.6 acres, (3) Map Code 8.4 (Mineral & Petroleum) to Map Code
8.5/2.5 on .18 acres, (4) Map Code 8.5/2.5 to Map Code 5.4 (Max. 4 du/net ac.)
On .06 acres, and (5) Map Code 8.4 to Map Code 5.4 on 5.5 acres.
First Reading of Ordinance adopting the Negative Declaration and approving the
proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 104-
20 to change the zoning from: (1) R-H (Residential Holding) to R-1 (One Family
Dwelling) on 2.67 acres, (2) R-H to OS (Open Space) on 1.63 acres, and (3) R-H
to R-S-lA (Residential Suburban - One acre minimum) on 5.65 acres.
Staff recommends adoption of the resolutions upholding the Planning Commission's decision
and give first reading to the ordinance.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
B A I~ E R S F I E L I~
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
THROUGH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JOHN W. STINSO~,~ISTANT CITY MANAGER
ALAN TANDY, CITY MANAGER
AGENDA HIGHLIGHTS - FEBRUARY 11, 2004 COUNCIL MEETING
February 6, 2004
REGULAR MEETING 5:15 p.m.
CONSENTCALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include:
Resolutions:
Item 3q. Resolution of the Council of the City of Bakersfield in Support of the Committee for Workers'
Compensation Reform and Accountability and the Workers' Compensation Accountability and Reform
Initiative. At the January 28th City Council meeting, Councilmember Maggard requested that staff prepare a
resolution in support of efforts by the Committee for Workers' Compensation Reform and Accountability and the
related Initiative.
Costs of workers' compensation for the City alone have increased from about $2.4 million to $3.4 million annually
from FY 1997-98 to FY 2002-03, which represents a 38% increase. Over that same period of time, the number of
claims reported went from 289 annually to 210; a 27% decrease. The City's average cost per claim over the past
five years has almost doubled from $8,457 to $16,081. A recent actuarial study showed the City has an unfunded
worker's compensation claims liability of approximately $8.3 million, which will have to be funded over a several
year period. The $1 million increase in could have provided funding for approximately 12 police officers, or 9
firefighters to staff an engine company, or 40% of the FY 2003-04 budget for recreation programs.
he.Worke.!s Com. pensat~on Reform and Accountab~hty Act, as t re ates to the City would provide that: 1) any
employee ri~ing a c~aim would need to prov de evidence that the injury occurred as a result of his/her job duties; 2)
any benefits would cover only the disability caused from the injury; 3) treating physicians would be mutually
agreed upon by both the employee and employer; 4) all medical care would be provided only by those physicians
who specialize in the claimed injury; 5) all disputes would be decided by medical professionals; 6) diagnosis and
treatment of work-place injuries will be governed by guidelines established by the American College of
Occupational and Environmental Medicine; and 7) permanent disability benefits, for the most seriously injured
employees, will be increased.
Staff has determined that the proposed reforms would result in significant cost savings to the city, needed
changes to the workers' compensation system and appropriate workers' compensation benefits for employees
who are legitimately injured on the job.
HONORABLE MAYOR AND CITY COUNCIL
FEBRUARY 11,2004
PAGE 2
Aqreements:
Item 3i. Aqreement with EPIC, LLC, to Exchanqe Real Property Located North of Alfred Harrell Hiqhway, West uf
Fairfax Road in the amount of $5,500. The City purchased approximate y 15 acres of land in May of 2001 as a
buffer for the City's former landfill located north of Panorama Drive and west of Fairfax Road. Staff contacted the
adjacent property owner, EPIC, LLC and offered to purchase their property. However, EPIC did not wish to sell.
A compromise was reached whereby the City and EPIC would trade portions of their respective parcels. A map
showing land ownership before and after the proposed trade is included in the administrative report. Accordingly,
the City will be trading approximately six acres of City property for approximately seven acres of unimproved land
owned by EPIC. The price of $5,500 is to compensate EPIC for the difference in parcel sizes and is based on an
appraisal.
Item 3k. Aqreement with Centennial Gardena and Flyinq Football LLC for Bakersfield Blitz Arena Football
~An expansion af2 team has been awarded to the Bakersfield market for 2004. The team will
owned and operated by the same staff that operates the Bakersfield Condors. The agreement is for a one-
year term with two additional one-year options, and is structured on a no-risk basis for the City. The season
opener is scheduled for April 17, 2004 at Centennial Garden.
Bids:
Item 3m. Award Contract to Ramsey Street Ford for Two Additional Mid-Size Sedans for Code Enforcement h,
the amount of $27,490.32 (qrant funded). On November 19, 2003, Council appropriated funds by the Code
Enforcement Grant Program. Six acceptable bids were received. Staff recommends award to Ramsey Street
Ford.
Item 3n. Award Contracts to Central Valley Truck Center for Two Additional Refuse Trucks, and
International for Four Replacement Refuse Trucks for the Solid Waste Division in the amounts of $294,049.4~;
· and $440,754.60, respectively. Five acceptable bids were received. Staff recommends the award be split in
order to receive the best pricing.
Item 3o. Award Contracts to Multiple Vendors for Traffic Siqnat Equipment for Brimhall Road and Windson, i
Street for a total amount of $58,746.86. Staff recommends the award be split in order to receive the best pricing,
as follows: JAM Services ($21,021.00), McCain Traffic Supply ($17,889.30), Econolite Control Projects
($17,106.38), U.S. Traffic Corporation ($1,170.05), Graybar Electric ($1,044.53), and Western Pacific Signal
($515.60). This equipment is funded through the Gas Tax Fund.
Item 3p. Award Annual Contract to Boise Office Solutions for Office Supplies, in an amount not to exceed
$300,000. Four acceptable bids were received. The contract amount is based on information provided by the
Departments.
Item 3q. Award Contract to Bowman Asphalt, Inc. for Road Improvements on Belie Terrace and Texas Streets
the amount of $138,117.72. This project consists of installing new curb & gutter, sidewalk, handicap ramps, road
improvements, and fencing along the streets adjacent to Fremont Elementary School and Sequoia Elementary
School. These improvements, which are funded by a Federal Grant Program, will allow elementary aged school
children to safely walk or ride to school outside of the roadway and off of vehicle paths. Three acceptable bids
were received. Staff recommends award to Bowman Asphalt.
Item 3r. Award Contract to Whitaker Contractors, Inc. for Effluent Storaqe Improvements at Wastewater
Treatment Plant No. 2 in the amount of $1,840,396. The Plant cannot be permitted for the current flow rate of 25
million gallons a day until the farm and effluent storage facilities are also expanded. Currently, the Plant has
5,000 acre-feet of effluent storage capacity which must eventually be expanded to 6,900 acre-feet. This project
will convert an old oxidation pond into a storage reservoir and enlarge another reservoir to yield an additional 960
acre-feet of storage capacity.
This project is budgeted within the Sewer Enterprise Fund, with $1.6 million available. An additional $500,000
appropriation is requested to fully fund the contract amount and to provide funds for possible contract change
orders, materials testing, and construction inspection services.
HONORABLE MAYOR AND CITY COUNCIL
FEBRUARY 11,2004
PAGE 3
This project was originally put out to bid in September, 2003. Conflicts between the two lowest bidders and
threatened litigation led the City Attorney to recommend that all bids be rejected. Construction plans and
contract documents were again released for bidding in December, 2003. On January 20, 2004, six acceptable
bids were received. Staff recommends award to Whitaker Contractors, Inc.
Consent Calendar Hearinqs:
Item 5a. Appeal by Mclntosh and Associates of the Planninq Commission's Denial of a Zone Chanqe for th~
.North Sde of Snow Road, East of the Friant-Kern Canal, Generally West of Calloway Drive. The land use
designation for this area is Suburban Residential. The zone change would permit the development of single
family residential units and a drilling island area for petroleum exploration. The motion to approve the request
failed 3 to 4 at the Planning Commission meeting of January 15, 2004. Those members who voted against the
motion stated that this request was premature, the property is too irregular for the request and that the request
should encompass a larger area. No one else was in opposition to the request and the applicant agreed to all
conditions and mitigation for the project. The applicant is appealing this decision.
For months, staff has been meeting with a variety of property owners north of Snow Road about annexation.
Some have been talking to Shafter and/or Kern County to compare developing in their jurisdictions to Bakersfield.
It is, of course, in the long-term interest of the City to apply our standards to development, to plan for
infrastructure, and, generally, to expand the City in a rational, planned manner!
Staff recommends approval of the zone change and overturning the decision of the Planning Commission based
on the following: The request is consistent with the General Plan's land use designation; the site is located within
the City's Sphere of Influence boundary and can be served by the City; and the land south of Snow Road is
currently being developed or has received approval for development cf single family residential. The project site
is the path of development.
Item 5b. General Plan Amendment and Zone Chanqe on 30 Acres Located Approximately 1,100 feet South of
Chase Drive and Approximately 3,000 Feet East of the Kern Canyon Road-Vineland Road Intersectio,,
(Cornerstone Enqineerinq, Michael Callaqy). The applicant proposes to construct 101 single-family dwellings.
The existing land use designations will allow a total of 178 dwelling units. Drainage and sewer design issues
have been studied and responded to. The Planning Commission recommends approval.
Item5c. General Plan Amendment and Zone Chanqes on 19 Acres Generally Located at the Southwest Corner of
Brimhall Road and River Ranch Drive (Froelich Construction Co). This proposal consists of three different
elements, Multiple-family Residential, Office Commercial and Office, and Office Retail Commercial adjacent the
south side of Bdmhall Road. The applicant proposes a total of 165 "apartment' homes on 18.76 acres. This
equates to a density of 8.80 units per acre, which is within the range of dwelling units per acre allowed by the
LMR land use designation. A total of 234,000 square feet of "office" space is proposed, with some retail
commercial elements. The Planning Commission recommends approval.
Item 5d. General Plan Amendment and Zone Chanqe on 81.5 Acres Located alonq the East Side of Morninq
Drive, Approximately 300 Feet North of State Route 178 (Brett Dawson)~ The applicant proposes to construct
approximately 230 single-family dwellings. The existing land use designation (LMR) and zoning district (MH) will
allow approximately 800 mobile homes (10 units per net acre). The proposed development will allow
approximateiy three single-family dwellings per net acre. Staff recommends approval.
CLOSED SESSION
There will be two conferences with legal counsel, one regarding anticipated litigation and another regarding
existing litigation. There is also a closed session regarding labor negotiations with the Fire union.
HONORABLE MAYOR AND CITY COUNCIL
FEBRUARY 11,2004
PAGE 4
CONTINUATION OF REGULAR MEETING - 7:00 p.m,
WORKSHOP
There will an educational presentation by League of California Cities Executive Director, Chris McKenzie
regarding the protection of local revenues, constitutional amendment efforts, and other current League activities
affecting the City and State.
HEARINGS Council may also hear Consent Calendar Hearing items listed but not heard at the 5:15
portion of the meeting.
Item 15a. General Plan Amendment for 19.22 Acres Located alonq the Northwest Corner of Wible Road and
Hoskinq Road (David Dmohowski). The applicant proposes 110,000 square feet of retail commercial area and
100,000 square feet of leaseable office floor space. This GPA/ZC is inconsistent with "commercial developmenF
policies, which encourage a one-half mile separation of new commercial sites from existing commercial sites and
discourage "extending" commercial development along streets. There are several commercial sites within one-
half mile and six commercial sites located along Wible Road. The project site is currently zoned residential and
could easily be developed with that land use. In addition, 14 letters, 14 phone calls, and a petition with 65
signatures were received that were in opposition. Neither staff nor the Planning Commission could find any basis
for approval. The applicant requests continuation to the March 10, 2004 Council meeting. Staff recommends
approving the Negative Declaration and disapproving the GPA.
Item 15b. General Plan Amendment/Riverlakes Ranch Specific Plan/Zone Chanqe on 42.89 Acres Located o,
the North Side of Meany Avenue, between Coffee Road and Patton Way (Kathryn McWhorter, DeWal[
Corporation). The applicant proposes a multi-family residential development (approximately 548 dwelling units)
within the Riverlakes Ranch Specific Plan Area. The Planning Commission had concerns with adequate
pedestrian access to schools and commercial development, and with protecting the existing single family
residences to the north. To address these issues, they required the PUD zone to be combined with the proposed
R-2 zone, which would allow the developer to demonstrate that the project can be designed as a walkable
community. To protect the properties to the north, an eight (8) foot high block walt was required for the project.
Staff is recommending approval for the project.
Item 15c. General Plan Amendment and Zone Chanqe for 9.8 Acres Generally Located South of Chase Avenu~,
and East of Kern Canyon Road (State Route 184) {San Joaquin Enqineerinq, Rex Martin). The applicant is
proposing to develop the northern portion of the project site (2.6 acres) with eight single-family residential lots (over
10,000 sq. ft. in size) and the southern portion (5.6 acres) with five one-acre residential lots. The area that
contains the drainage channel (1.6 acres) will remain as open space.
The applicant requested that the southern portion of the project site be permitted septic systems until municipal
sewer service is established close enough to connect. The Planning Commission agreed, subject to the following
conditions: 1) a dry sewer line must be installed, 2) sewer hookup fees must be paid prior to issuance of building
permits, and 3) once municipal sewer service is established within 1,000 feet of the project site, all R-S-lA lots
must connect to the service. The lots proposed on the northern portion will connect to the existing municipal sewer
service.
The Planning Commission also determined that the drainage channel that traverses the project site should be
piped. This will make the proposal consistent with an adjacent project to the west (Item 5b on this agenda), which
is proposing to pipe the drainage channel. The applicant is appealing the required conditions. Subsequent to the
preparation of the administrative report staff met with Brett Dawson of San Joaquin Engineering, Inc., the owners'
representative for this project. Staff and Mr. Dawson agreed on a solution, with a little of give-and-take on both
sides, and have come up with an alternative which would not require the developer to cover the ravine completely
and instead build a concrete culvert beneath the road (in effect a small bridge). Additionally, the developer
agreed to provide sewer services to the homes in the southern portion of the development with a lift station. Staff
will be recommending approval if these this changes are required of the developer.
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JANUARY 28, 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 5:17 p.m.), Benham, Hanson,
Sullivan, Salvaggio
Absent: None
2. PUBLIC STATEMENTS
None.
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:
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
Commercial) to R-1 (One-Family Dwelling) on 5_+ acres
located along the northwest comer of Progress Road and
Panama Lane.
ORD 4166
Adoption of Ordinance amending Section 10.69.030 of the
Municipal Code relating to Special Events Application -
Issuance Fee.
ORD 4'167
Bakersfield, California January 28, 2004 - Page 2
CONSENT CALENDAR continued
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.
Resolutions:
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) noah 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 noah of Brimhall Road; and (4) south of Panama
Lane, east of Old River Road.
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.
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.
ACTION TAKEN
ORD 4t68
RES 012-04
RES 013-04
RES 014-04
RES 015-04
ORD 4169
RES 016-04
RES 017-04
ROI 1324
Bakersfield, California January 28, 2004 - Page 3
CONSENT CALENDAR continued
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 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,O00.OO.
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:
1,
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.
ACTION TAKEN
RES 0'18-04
RES 0'19-04
RES 020-04
AGR 02-099('1)
RES 021-04
RES 022-04
AGR 04-018
AGR 04-0'19
AGR O4-O20
AGR 04-02'1
Bakersfield, California January 28, 2004 - Page 4
CONSENT CALENDAR continued
q. Contracts for legal services:
Agreement with Clifford & Brown ($175,000.00) for
legal services.
Agreement with Marderosian, Runyon, et al
($150,000.00) for legal services.
Amendment No. 1 to Agreement No. 01-011 with Ingram's
Janitorial, Inc. revising the terms of the termination clause.
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. 1 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.
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.
Maintenance and Use Agreement, Quitclaim Deed, and Grant
of Easement for Camino Grande Street Vacation at the Bear
Mountain Cogeneration Facility.
Miscellaneous:
Historic Preservation Commission 2002/2003 Fiscal Year
Annual Report.
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.
Motion by Vice-Mayor Couch to approve Consent Calendar items
3. a. through 3.x. with the removal of 3.r., 3.s., 3. t., and 3.x. for
separate consideration.
ACTION TAKEN
AGR 04-022
AGR 04-023
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
REMOVED FOR
SEPARATE
CONSIDERATION
AGR 01-087(3)
AGR 04-024
REMOVED FOR
SEPARATE
CONSIDERATION
APPROVED
Bakersfield, California January 28, 2004 - Page 5
CONSENT CALENDAR continued
Amendment No. 1 to Agreement No. 01-011 with Ingram's
Janitorial, Inc. revising the terms of the termination clause.
Councilmember Maggard requested staff analyze cost
effectiveness of cancelling private contracts and utilizing City
personnel to perform work thus saving jobs.
Motion by Councilmember Maggard to adopt the Amendment.
Amendment No. I to Right of Way Contract No. 03-254 with
Caltrans for the intersection of State Highway 178 and Mount
Vernon.
Motion by Councilmember Maggard to adopt the Amendment.
Amendment No. 1 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.
Vice-Mayor Couch noted the contractor, unsolicited, has offered
to reduce their fees to the City by 5% due to current fiscal issues
and requested staff send Krazan & Associates thanking and
acknowledging the gesture.
Motion by Vice. Mayor Couch to approve the Amendment.
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.
Motion by Councilmember Carson to approve the item.
CONSENT CALENDAR HEARINGS - Items heard at 7:00 p.m. portion
of meeting.
ACTION TAKEN
AGR 01-011(1)
APPROVED
AGR 03-254(I)
APPROVED
AGR 03-182(~)
APPROVED
APPROVED
None.
Bakersfield, California January 28, 2004 - Page 6
WORKSHOP
a. Westside Parkway Update.
Staff comments by Public Works Director Rojas and
presentation by Civil Engineer Ted Wright, with written
material provided
b. Pool Closures
Motion by Councilmember Benham to move item Workshop
5. b. to the 7:00 p.m. portion of the meeting after Public
Statements.
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.
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.
Motion by Vice-Mayor Couch to recess to Closed Session at
5:56 p.m.
Motion by Benham to recess from Closed Session at 7:10 p.m.
RECONVENED MEETING - 7:15 p.m.
7.
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: None.
INVOCATION by Pastor David Wells, Higher Ground Church.
PLEDGE OF ALLEGIANCE by Justin Lopez, 6th Grade Student at
Eissler Elementary School.
ACTION TAKEN
APPROVED
APPROVED
APPROVED
10.
12.
13.
Bakersfield, California January 28, 2004 - Page 7
CLOSED SESSION ACTION
Conference with Legal Counsel - Potential Litigation. Initiation
of litigation pursuant to subdivision (c) of Government Code
Section 54956.9. One (1) potential case.
City council, by a vote of 7.0, directed the City Attorney to take
the necessary steps for the City of Bakersfield to be a co-
plaintiff, with a financial commitment not to exceed $16,000, in
a lawsuit filed by several California cities against the State of
California to invalidate the preemption of local sales tax as part
of the "triple flip".
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.
PUBLIC STATEMENTS
Paul Holling spoke regarding progress of the Padre Hotel
renovation.
Councilmember Benham requested staff maintain
communication with Mr. Holling regarding parking needs for
the hotel area.
Scott Fieber, Chairperson of the Historic Preservation
Commission, gave the Commission's Annual Report.
c. Stuart Gentry spoke regarding the City Budget.
Terrail Lott and Julius Howard Rodgers spoke regarding
City parks.
Bernita Jenkins, Chairperson, Kern County Human
Relations Committee, provided information regarding the
'Hate Free Zone Campaign Kickoff' and invited the
community and Councilmembers to attend.
WORKSHOP
b. Pool Closures.
Staff presentation by Interim Director of Recreation and
Parks Christensen.
ACTIONTAKEN
APPROVED
NO
REPORTABLE
ACTION
11.
13.
14.
Bakersfield, California January 28, 2004 - Page 8
WORKSHOP continued
Councilmernber Carson requested staff research ways to use
CDGB funds to provide recreational services to areas losing
pools and, provide transportation to pools that remain open.
Councilmember Carson requested staff research ways to use
CDGB funds to provide fire services.
Vice-Mayor Couch requested staff investigate ways to use CDGB
funds to provide fire services.
Motion by Vice-Mayor Couch, for the record, to adopt staff's
recommendation, that Wayside, Planz, Jastro, Siemon and Beale
pools not be opened for the 2004 season due to budget captures
and financial threats from the state.
CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of
meeting.
HEARINGS
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
corner 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)
ACTION TAKEN
APPROVED
RES 023-04
FR
14.
Bakersfield, California January 28, 2004 - Page 9
HEARINGS continued
Item 14.a. continued
Staff comments by Development Services Director
Hardisty.
Hearing re-opened at 8:28 p.m.
No one spoke in opposition to the staff recommendation.
Bruce Freeman, Castle & Cooke, spoke in support of the
staff recommendation.
Hearing closed at 8:29
Motion by Councilmember Hanson to adopt the Resolution
and deny the appeal.
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.
Correspondence was received from Clifford Ronk on behalf
of Kyle Carter Homes requesting that this hearing be
continued to February 25, 2004.
Staff comments by Development Services Director
Hardisty.
Hearing opened at 8:35
Motion by Councilmember Hanson to continue the
hearing to the Council meeting of February 25, 2004.
ACTION TAKEN
APPROVED
APPROVED
14.
14,
Bakersfield, California January 28, 2004 - Page 10
HEARINGS continued
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 comments by Development Services Director
Hardisty.
Hearing opened at 8:38 p.m.
Gordon Nipp provided written matedal and spoke in
opposition to the staff recommendation.
Randy Bergquist, Porter Robertson Engineering, spoke in
favor of the staff recommendation.
Hearing closed at 8:51 p.m.
Motion by Councilmember Maggard to approve the Resolution
denying the appeal and uphold the Planning Commission's
decision.
COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested staff provide clean up in the
alley behind the Boys and Girls Club at 801 Niles Street.
Councilmember Salvaggio requested staff investigate and
respond regarding the offer of the owner of the mini-storage
units north of White Lane, on the east side of the freeway at the
Hwy. 99 interchange, to replace the eucalyptus trees bordering
his business which he claims are infected; staff to communicate
with Cal-Trans on the issue due to the trees being in their right-
of-way, in particular Mike Sheffield regarding new plantings;
staff to assure the business owner's sign is not blocked by
trees.
ACTION TAKEN
RES 024-04
APPROVED
15,
Bakersfield, California January 28, 2004 - Page 11
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Salvaggio provided information and
requested the Legislative and Litigation Committee address
the issue of seizing cars of individuals who illegally dump
trash.
Councilmember Salvaggio requested staff check the 5600 block
of Krista Court for junk vehicles on the street and in driveways
violating time limits.
Councilmember Salvaggio requested police ensure off. road
vehicle operators trespassing on the vacant area at South H
Street and Berkshire/Hosking Roads on weekends be ticketed.
Councilmember Salvaggio requested an update regarding the
sewer issue with Mr. Quirate.
Councilmember Salvaggio requested staff investigate the
feasibility of installing a flashing red beacon at the intersection
of Berkshire Road and Monitor Street.
Councilmember Salvaggio requested staff address the problem
of speeding on Mallard Court.
Councilmember Maggard invited the public to present Council with
ideas for money saving measures.
Councilmember Maggard requested staff investigate feasibility
of a program encouraging sponsorship by businesses or
neighborhoods to adopt public streets for maintenance; in
exchange the City would acknowledge participation through
signage.
Councilmember Maggard requested staff reduce volumes of
paperwork by converting, where appropriate, to digital cad flies.
Councilmember Maggard requested an update on acquiring
grant funds to provide additional police officers and scheduling
an academy.
Councilmember Maggard requested staff research the feasibility
of using CDBG funds to fund personnel in appropriate
departments of the City.
Councilmember Maggard requested staff provide information
regarding the possible use of CDBG funds to transport team
users of the Siemon Park pool to other locations and how
scheduling would be facilitated.
ACTION TAKEN
15.
Bakersfield, California January 28, 2004 - Page 12
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Maggard requested staff review the Workers
Compensation Reform Package being assembled by Grimmway
Farms for possible implementation.
Councilmember Hanson requested staff provide an update on
repairs at the SW corner of Ming and Ashe.
Councilmember Carson requested an update regarding the
installation of a flashing red light at McKinley School and 4~
Street,
Councilmember Carson requested information regarding caps
on the use of CDBG funds for public services.
Councilmember Carson assured citizens in the Wayside
neighborhood that a water play area is scheduled for the park as well
as recreation programs.
Councilmember Sullivan requested staff repair pot holes on
Wible between Panama and Harris.
Councilmember Sullivan thanked Code Enforcement for their
assistance.
Vice-Mayor Couch requested staff investigate a citizen's
concern of a dangerous intersection and provided information
to staff.
Vice-Mayor Couch requested staff provide information regarding
the legality of parking a van advertising an adult business in a
residential neighborhood.
Vice-Mayor Couch invited the community to attend a fund raiser for
the Boys and Girls Club at the home of Fire Chief Ron Fraze.
Councilmember Carson requested information on the use of
reserve funds, which have been set aside, for the Facilities
Replacement and Equipment Fund.
ACTION TAKEN
16.
Bakersfield, California January 28, 2004 - Page 13
ADJOURNMENT
Mayor Hall adjourned the meeting at 9:40 p.m.
ACTION TAKEN
MAYOR ofthe CityofBakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
rAGENDA SECTION: Presentations
ITEM: c'~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
January 28, 2004
~;;~/ED
DEPARTMENT HEAD~__~_
CITY ATTORNEY
CITY MANAGER ~
Presentation by Mayor Hall of Proclamation to Terry $chroepfer, President of American
Society of Civil Engineers Southem San Joaquin Branch, proclaiming February 22-28,
2004, as "National Engineers Week".
RECOMMENDATION:
BACKGROUND:
ndw
January 28, 2004, 3:34PM
S:\MAYOR~ADMIN~IATIONAL ENGINEERS WEEK 04.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Presentations
~TEM: .~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
January 28, 2004
J;N~OVED
DEPARTMENT HEAD_.~.' %
CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Rich Richardson, Program Chair for Read
Across Bakersfield, proclaiming March 4, 2004, as "Read Across Bakersfield Day".
RECOMMENDATION:
BACKGROUND:
ndw
January 28, 2004, 5:04PM
S:\MAYOR~ADMIN\READ ACROSS BAKERSFIELD DAY 04.dot
MEETING DATE: February 11, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: ~. ~.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
January 16, 2004
APPROVED
DEPARTMENT HE~__
CITY ATTORNEY
CITY MANAGER
Approval of minutes of the January 28, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
MEETING DATE:
ADMINISTRATIVE REPORT
February 11, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. b'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
February 3, 2004
APPROVED
DEPARTMENTHEAD
CITY MANAGER
Approval of department payments from January 16, 2004 to January 29, 2004 in the
amount of $9,917,811.00 and self insurance payments from January 16, 2004 to January
29, 2004 in the amount of $94,245.46
RECOMMENDATION:
Staff recommends approval of payments totaling $10,012,056.46
BACKGROUND:
klg
Februa~j 3, 2004, 12:00PM
S:\KimG\Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
IMEETING DATE: February 11, 2004
AGENDA SECTION: Consent
ITEM: q,. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 29, 2004
//~PPF~.OVED
DEPARTMENT HE~_~
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 Allen Road, and denying the appeal (File
#03-01073) (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
On January 28, 2004, the City Council held an appeal hearing to discuss proposed alley widths for
this development and related Tract 6223. City Council modified the decision of the Planning
Commission to reflect a compromise agreement between Castle and Cooke Development and
staff. First reading of this ordinance was held on January 28, 2004.
The project site is located on the north side of White Lane and east of South Allen Road. Zone
Change #03-01073 is a change from an R-1 (One Family Dwelling) zone to a P.U.D. (Planned
Unit Development) zone and consists of 242 lots for purposes of private gated single family
development, I lot for a retention basin, 26 private landscape lots and 2 private parks on 107.38
acres.
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.
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 there will be a 10 ft. x 10 ft. corner cutoff and
ADMINISTRATIVE REPORT
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
Admin~jan\1-28-6223
ADMINISTRATIVE REPORT
IMEETING DATE: February 11,2004
AGENDA SECTION: Consent
ITEM: ~, ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 20, 2004
A Resolution of Application proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield property identified as Annexation No. 457 & 458 located in two
separate areas (1) between Kratzmeyer Road and Reina Road, generally west of Allen
Road and (2) east of Oswell Street to Sterling Road, generally south of State Route 58.
(Wards I & 4)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 457 and Annexation No. 458, to the City of Bakersfield. The
proposed annexation consists of approximately 80 acres of uninhabited land located south of
Kratzmeyer Road to Reina Road, generally west of Allen Road and approximately 80 acres of
uninhabited land east of Oswell Street, to Sterling Road, generally south of State Route 58.
The property owners of each of the annexation territories have consented to annexation. The
owners want to receive city services.
MO
p:admin\feb~-I 1-457&458
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004 AGENDA SECTION: Consent
ITEM /.~. ~.,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Building
January 27, 2004
.a~P-~I~pVE D
DEPARTMENT HEAD~.~~-'~
CITY ATTORNEY
cra' MANAGER
A Resolution of the Council of the City of Bakersfield confirming the approval by the
Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debds and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Wards 1 & 2)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on January 12, 2004, by the Assistant to City
Manager and all proposed charges were confirmed. The subject properties listed below were in
violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to comply
with the notices to abate such public nuisance. After a hearing duly noticed and held before the
Building Director, the Director issued orders requiring the property owner to abate the public nuisance.
The subject properties are listed as follows:
PROPERTY LOCATION
APN COST
Ward l/Councilmember Carson
1. 3406 Oliver Street 172-101-41 $ 820.00
2. North of 313 S. Owens Street 018-290-17 $ 1,120.00
3. 2109 Roland Street 170-162-14 $ 740.00
Ward 2/Councilmember Benham
4. 2408 Brundage Lane
008-240-18 $ 310.00
January 27, 2004, 12:09PM
P:\febl 1 bi1 .doc
ADMINISTRATIVE REPORT Page 2
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant to City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant to City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
January 27, 2004, 12:09PM
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~,,~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 27, 2004
APPROVED
DEPARTMENTHEAD,~
CITY ATTORNEY
ClTY MANAGER ~//A~
Resolution adding territory, Area 1-44 (Allen, Snow SE) 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 28, 2004 the Council adopted Resolution of Intention No. 1324 to add
territory, Area 1-44 (Alien, Snow SE), 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. 6195. Area 1-44 is generally bounded by Snow
Road on the north, a line 1/4 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 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.
Dc
January 27, 2004, 9:36AM
Q:tPROJECTS\MAINDIST~ADMINRPT~MD1-44_Est-Feb11-04.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~,
J
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
January 30, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Resolution of the Council of the City of Bakersfield in Support of the Committee for Workers'
Compensation Reform and Accountability and the Workers' Compensation Accountability and Reform Act
Initiative
RECOMMENDATION:
Staff recommends approval.
BACKGROUND: At the January 28~h City Council meeting, Councilmember Maggard requested that
staff prepare a resolution in support of efforts by the Committee for Workers' Compensation Reform and
Accountability and the Workers' Compensation Reform and Accountability Act Initiative. Staff received
background information on the initiative from Jeff Green of Grimmway Farms, who is among the business
and industry groups supporting the measure.
California employers pay the highest workers' compensation costs in the nation. Costs for workers'
compensation have grown dramatically for both public agencies and private businesses, which have
impacted the city's ability to provide public services and promote economic development efforts of the city.
Costs of workers' compensation for the city alone have increased from about $2.4 million to $3.4 million
annually from FY 1997-98 to FY 2002-03. This represents a 38% increase over the past six years. Over
that same period of time, the number of claims reported went from 289 annually to 210; a 27% decrease.
The city's average cost per claim over the past five years has almost doubled from $8,457 to $16,081. A
recent actuarial study showed the City has an unfunded worker's compensation claims liability of
approximately $8.3 million which will have to be funded over a several year period. These cost increases
directly impact our ability to provide personnel for basic public services. The $1 million increase in
workers' compensation costs the city has experienced over the past six years could have provided funding
for approximately 12 police officers, or 9 firefighters to staff an engine company, or 40% of the FY 2003-04
budget for recreation programs.
The Workers' Compensation Reform and Accountability Act would do the following:
1. Proof of Injury: The initiative will require the employee to prove an injury occurred at work. It will
require the employee prove the injury by a preponderance of the evidence. It will also require that
all workers' compensation laws be interpreted in an impartial and balanced manner so that the
employee and the employer will be considered "equal before the taw."
February 3, 2004, 1:32PM
S:~Admin Rpts~2OO4\Workers' Comp Initiative 021104. dot
JWS:al
Page 1
ADMINISTRATIVE REPORT
Apportionment of Permanent Disability: The initiative provides that injured employees receive
disability benefits from their employer only for the portion of disability caused as the direct result of
the injury arising out of and occurring in the course of employment. Employers would not be liable
for injuries or conditions that are not a direct result of the employment.
Treating Physicians: The initiative requires that treating physicians, whether pre-designated or
selected thirty days after the injury occurs, be mutually agreed upon by both the employee and
employer.
Qualified Medical Examiners: The initiative will require that the selected Qualified Medical
Evaluators' specialty is relevant to the type of injury for which the evaluation is sought. Evaluators
will be required to support their opinions using "objective findings."
5. Medical Treatment Dispute Resolution: Disputes regarding the denial, modification, delay or
approval of medical treatment would be decided by medical professionals.
Standardized Treatment Guidelines: The diagnosis and treatment of industrial injuries will be
governed by guidelines established by the American College of Occupational and Environmental
Medicine. Those guidelines are based upon the best available scientific evidence. This will require
evidence based opinions by doctors and it will remove speculation and conjecture as the basis for
an opinion.
7. Benefits for Convicted Criminals: Inmates will no longer be permitted to make a claim for
disability payments for injuries that occur while they are in custody.
8. Workers' Rights: Permanent disability benefits will be increased for the most seriously injured
employees.
Staff has analyzed the proposed reforms in the Workers' Compensation Reform and Accountability Act
and believes they would result in significant cost savings to the city, needed changes to the workers'
compensation system and appropriate workers' compensation benefits for employees who are legitimately
injured on the job.
Governor Arnold Schwarzenegger is currently working with the state legislature to craft legislation to
address many of these same workers' compensation reform issues. The Committee for Workers'
Compensation Reform and Accountability supports Governor Arnold Schwarzenegger's Legislative efforts
on this issue; however, they are preparing to take the issue directly to voters if the Legislature fails to act
by the Governor's March 1st deadline. If the Legislature misses this deadline, steps will be taken by the
Committee for Workers' Compensation Reform and Accountability to qualify the measure for the
November ballot.
February 3, 2004, 1:32PM
S:~Admin Rpts~2004\Workers' Comp Initiative 021104.dot
JWS:al
Page 2
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~, h'
TO:
FROM:
DATE:
SUBJECT:
(1)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 23, 2004
Tract Maps and Improvement Agreements
AP~PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CiTY MANAGE~-'/(~?
Final Map and Improvement Agreement with GMAC Model Home Finance and Lennar
Bakersfield, Inc., for Tract 6082 Unit 4 located north of Pacheco Road and east of Mountain
Vista Drive. (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 23, 2004, 9:55AM
G:\GROUPDAT~ADMINRPT~2004\02-11\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SE. CTION: Consent Calendar
TEM: ~. I.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 30, 2004
DEPARTMENT HEAD ~/~_~OVED
ClTY ATTORNEY,../~''7-~
CITY MANAGER ~
Subordination Agreement/Consent To Grant Of Easement between the City of Bakersfield
and Kern Delta Water District for canal crossing Panama Lane east of Buena Vista Road
0Nard 5)
RECOMMENDATION: Staff Recommends approval of the agreement.
BACKGROUND:
As part of the development of Tract 6104, located north of Panama Lane and east of
Buena Vista Road, the developer is required to relocate a Kern Delta Water District
canal. Prior to the relocation of the canal Kern Delta Water District had superior right
of easement. This agreement allows Kern Delta Water District to maintain their
superior right of easement.
td
January 30, 2004, 8:30AM
G:\GROUPDAT~ADMINRP'iA2004\02-11\Subordination Agreement Panama Lane TR6104.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
February 3, 2004
Property Acquisition:
APPROVED
DEPARTMENT HEAD
CITY ATrORN ?~___./~'''~-
C,WM^.^GER
1. Approve Agreement, $5,500 with EPIC, LLC, to exchange real property located
in the south half of Section 10, Township 29 South, Range 28 East, north of
Alfred Harrell Highway and west of Fairfax Road.
2. Appropriate $7,500 fund balance to the Capital Improvement Budget within the
refuse fund. (Ward 3)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City is acquiring land as a buffer around the City's former landfill located north of Panorama Drive
and west of Fairfax Road. In May of 2001, the City acquired the first parcel of land which comprised
approximately 15 acres. Subsequently, the City contacted the adjoining property owner EPIC, LLC
and offered to purchase their entire property for the landfill buffer. However, EPIC did not want to sell
any of their property and on October 22, 2003 a public hearing was held to determine whether it was
in the public interest to acquire EPIC's property by eminent domain. At that hearing representatives of
EPIC spoke and once again expressed their desire not to sell their property. The City Council
continued the hearing and asked to staff to continue negotiating with EPIC in an effort to avoid having
to move forward with the eminent domain proceedings. Fortunately, staff and EPIC were able to
reach a compromise wherein the City and EPIC would trade portions of their respective parcels rather
than an outright purchase. Consequently, the City will be trading approximately 6 acres of the City's
15 acre parcel for approximately 7 acres of EPIC's 22 acre parcel. The purchase price of $5,500 is to
compensate EPIC for the difference in parcel sizes and is a product of negotiations based on an
appraisal completed by Michael C. Burger, MAI, an independent fee appraiser.
A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services
Director. On July 17, 2003, the Planning Commission found the acquisition of this property consistent
with the Metropolitan Bakersfield 2010 General Plan.
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
IAGENDA SECTION: Consent Calendar
ITEM: H, E,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
February 5, 2004
APPROVED
DEPARTMENT HE~.~
CITY ATTORN F..~/~
CITY MANAGER
Agreement with City of Bakersfield and Fly Football, LLC for the Bakersfield Blitz Arena
Football Expansion Team
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND: An expansion af2 team has been awarded to the Bakersfield market for play in 2004.
The team, which will be operated by the front office staff of the Bakersfield Condors ECHL hockey team,
will keep the same Bakersfield Blitz identity as the team that has played in the Centennial Garden for the
past two seasons.
The rights to the original Bakersfield Blitz team, which was operated by Casey Wasserman for the past
two seasons, were sold to George Chung. After approval from the league, Chung announced his plans to
relocate the team to Fresno. The team will also undergo a complete re-branding.
With the departure of the team in Bakersfield, a new expansion team was subsequently awarded to the
market. That team, which will be operated by the front office staff of the ECHL's Bakersfield Condors, will
retain the original Blitz identity. Matthew Riley will serve as president of the team.
Attached is an agreement between Flying Football, LLC and SMG acting herein on behalf of the City of
Bakersfield. Flying Football LLC is owned by Condors majority owner Jonathon Fleisig and operated by
Condors President, Mathew Riley.
This agreement is for a one (1) year term with two (2) additional one (1) year options and is structured at a
no risk basis for the City of Bakersfield. The Bakersfield Blitz 2004 season opener is tentatively scheduled
for Saturday, April 17, 2004 at Centennial Garden.
February 5, 2004, 9:49AM
SP:~Jim~A.F.2~Adrnin Blitz 2004.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Consent Calendar
TEM: H, I.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 30, 2004
APPROVED
D PARTME. .EAD
CITY
CITY MANAGER
Amendment #1 to Agreement # 03-070 with Launer & Associates regarding additional
appraisal services required regarding proposed Assessment Distdct No. 03-1 (Brighton
Place / Silver Creek II). Additional costs of $5,000 to be paid from developer deposit.
RECOMMENDATION:
Staff recommends approval of contract amendment #1.
BACKGROUND: On March 26, 2003 the City Council adopted Resolution No. 046-03, Accepting
Petition and Determining to Undertake Special Assessment Proceedings, regarding this proposed
assessment district. On April 9, 2003, the City Council approved Agreement # 03-070 with Launer and
Associates to perform appraisal services regarding the proposed assessment district.
Mr. Launer completed his appraisal work regarding the proposed district in accordance with the odginal
schedule outlined in the contract (August 2003). Due to unscheduled delays in receiving disclosure
information from the developer regarding their project, the financing of the district has been delayed to the
point that the information in the odginal appraisal is now considered "stale" and needs to be updated. The
general rule of thumb, according to disclosure counsel and the bond underwriter, is that the appraisal
information should be dated within 60 to 90 days from the date of sale of the bonds, but it should certainly
be no more than 180 days from date of sale, which is viewed as marginally acceptable by the bond
market.
The timing on the proposed sale of bonds has been pushed back several times, again due to delays
caused by the developer. We are currently looking at June 2004 to sell bonds and because of this
schedule change, it is necessary to have the appraisal data updated accordingly. The original appraisal
cost was $25,000. Mr. Launer has given us a price for the new appraisal not to exceed an additional
$5,000; bdnging the total amended contract amount to $30,000. The cost of the appraisal is funded by the
developer in the form of a deposit, which is refundable to the developer if / when the bonds are sold.
( klm g;form s;admin-assmtdist03-1 amendappraisal)
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. It3't.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 28, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNL~~
CITY MANAGER ~
Accept bid from Ramsey Street Ford $27,490.32 for two (2) additional mid size sedans for
Code Enforcement (grant funded).
RECOMMENDATION: Staff recommends approval.
BACKGROUND: On November 19, 2003 Council appropriated funds provided by the Code Enforcement
Grant Program. Invitations to bid were sent to fourteen (14) vendors. Six (6) bids were received, as
follows:
Ramsey Street Ford
1585 West Ramsey Street
Banning CA 92220
in the amount of
$27,490.32
Hoblit Motors
P. O. Box 910
Woodland CA
95776 in the amount of $29,595.99
McLeod Ford
201 East Forest
Coalinga CA 93210
in the amount of
$32,604.00
Motor City Auto Center
3101 Pacheco Road
Bakersfield CA 93313
(City) in the amount of $33,685.08
With 1% Sales Tax consideration $33,371.00
Three Way Chevrolet
3800 California Avenue
Bakersfield CA 93309
(City) in the amount of $33,882.57
With 1% Sales Tax consideration $33,566.65
Coalinga Motors
625 East Elm Street
Coalinga CA 93210
in the amount of
$34,485.17
Purchasing Division
DW:ljm
P:~ADMIN~004 ADMIN\C04_021 l_B_Mid Size Sedans.doc
January 28, 2004, 5:05PM
ADMINISTRATIVE REPORT
MEETING DATE: February 11,2004
AGENDA SECTION: Consent Calendar
ITEM: ~, ri,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 26, 2004
APPROVED
DEPARTMENT HEAD
CITY MANAGER
SUBJECT:
Accept bid from Central Valley Truck Center $294,049.48 for two (2) additional, and Gibbs
International $440,754.60 for four (4) replacement Refuse Trucks for Solid Waste Division
of Public Works. Total $734,804.08
RECOMMENDATION: Staff recommends approval.
BACKGROUND: Invitations to bid on refuse trucks (two front loading with packer and four roll off) were
sent to eleven (11) vendors. Five bids were received as follows:
Central Valley Truck Center Amrep
2707 S. East Avenue
Fresno, CA 93725 Neway
Gibbs International
3525 Buck Owens Blvd.
Bakersfield, CA 93308
Bakersfield Truck Center
8140 Golden State Hwy.
Bakersfield, CA 93308 (County)
Jim Burke Ford
2001 Oak Street
Bakersfield, CA 93301
Central Valley Kenworth
2900 Gibson Street
Bakersfield, CA 93308
Front loading (2)
$147,024.74
$154,404.61
no bid
$148,263.47
no bid
$155,146.78
Roll off (4)
$116,932.53
$110,188.65
$112,850.60
$111,956.13
$135,724.88
Purchasing Division
DW:ljm
S:~ADM[N_03_0226_Refuse trucks- side loaders,doc
January 26, 2004, 9:42AM
ADMINISTRATIVE REPORT
MEETING DATE: February 11,2004
AGENDA SECTION: Consent Calendar
TEM: L[. O.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 27, 2004
APPROVED
DEPARTMENT HEAD.~--~'~
SUBJECT:
Accept bids from JAM Services (8 items $21,021.00), McCain Traffic Supply (1 item
$17,889.30), Econolite Control Products (9 items $17,106.38), U. S. Traffic Corporation (2
items $1,170.05), Graybar Electric (1 item $1,044.53), and Western Pacific Signal (2 items
$515.60) for traffic signal equipment. Total $58,746.86
RECOMMENDATION: Staff recommends approval.
BACKGROUND: This equipment will be used at Brimhall Road and Windsong Street and is funded by
Gas Tax. Invitations to bid were sent to thirteen (13) vendors. Nine (9) bids were received. In order to
get the best price, staff recommends the award be split as follows:
JAM Services, Incorporated
7650 Hawthorne Place
Livermore CA 94550
8 items
in the amount of
$21,021.000
McCain Traffic Supply
2575 Pioneer Avenue 1 item
Vista CA 92083 in the amount of $17,889.30
Econolite Control Products
3360 El La Palma Avenue
Anaheim CA 92806
U. S. Traffic Corporation
9603 John Street
Santa Fe Springs CA 90670
Graybar Electric
6100 Schirra Court
Bakersfield CA 93313
(C~ty)
Western Pacific Signal
1794 East 14th Street
San Leandro CA 94577
9 items
in the amount of $17,106.38
2 items
in the amount of
$ 1,170.05
I item
in the amount of $ 1,044.53
2 items
in the amount of $ 515.60
Purchasing Division
DW:ljm
P:~ADMIN~2004 ADMIN\C04_021 l_A_Traffic Signal Poles-Equipment,doc
January 28, 2004, 8:58AM
ADMINISTRATIVE REPORT
MEETING DATE: February 11,2004
AGENDA SECTION: Consent Calendar
TE : '-I.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
January 29, 2004
APPROVED
DEPARTMENT HEAD
CiTY A-i-rORN yL~' ~')~'''-
C.',MANAGE.
SUBJECT:
Accept bid to award annual contract to Boise Office Solutions, not to exceed the budgeted
amount of $300,000.00, for office supplies.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This contract provides office supplies (paper, printer toner cartridges, binders,
calendars, etc.) for City staff as needed. Invitations to bid were sent to thirteen (13) vendors. Four (4)
bids were received. Departments estimate quantities and types of supplies that may be required for the
upcoming year. The unit prices of the four bidders were compared to determine the Iow bidder, and the
lowest prices were offered by Boise Office Solutions.
Purchasing Division
DW:ljm
S:~ADMIN_C04 0211 D_Office Supplies.doc
February 3, 2004, 3:31 PM
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /~
January 29, 2004 CITY ATTORNEY ~
DATE:
CITY MANAGER ~
SUBJECT:
Accept bid to award contract to Bowman Asphalt, Inc. for $138,117.72 for Safe Route to
School Improvements on Belle Terrace and Texas Streets. (Ward 1)
RECOMMENDATION:
Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: This project consists of installing new curb & gutter, sidewalk, handicap ramps, road
improvements, and fencing along the streets adjacent to Fremont Elementary School and Sequoia
Elementary School. These improvements will allow elementary aged school children to safely walk or ride
to school outside of the roadway and off of vehicle paths. This project is part of a Federal Government
program to improve the areas around schools so children can safely walk to school without sharing
roadways with motor vehicles.
On December 18, 2003, three acceptable bids were received as follows:
Bowman Asphalt
3527 Brian Way
Bakersfield, CA 93308 (City)
Griffith Company
P.O. Box 10157
Bakersfield, CA 93387 (County)
Granite Construction Company
585 W. Beach Street
Watsonville, CA 95076 (Out of Town)
in the amount of
in the amount of
in the amount of
$138,117.72
$148,682.00
$198,891.00
January 29, 2004, 11:35AM
G:\GROUPDAT~ADMINRP'I~2004\02.1 l~AdminRpt_Sa feRoute.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Consent Calendar
ITEM: /'-I. r'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 28, 2004
DEPARTMENT HEAD
CITY A'n'ORNEY
ClTY MANAGER
APPROVED
Wastewater Treatment Plant No. 2, Effluent Storage Improvements (Ward 1 ):
1. Accept bid to award contract to Whitaker Contractors Inc., for $1,840,396;
2. Appropriate $500,000 Sewer Enterprise Fund balance to the Capital Improvement
Budget.
RECOMMENDATION:
Staff recommends acceptance of Iow bid, award of contract, and approval of
appropriation.
BACKGROUND: Wastewater Treatment Plant 2 was expanded and upgraded in 1999 to a design
capacity of 25 million gallons per day. The Plant cannot be permitted for this flow rate until the farm and
effluent storage facilities are also expanded. Currently, the Plant has 5,000 acre-feet of effluent storage
capacity which must eventually be expanded to 6,900 acre-feet to meet the plant capacity. This project
will convert an old oxidation pond into a storage reservoir and enlarge another reservoir to yield an
additional 960 acre-feet of storage capacity.
This project is budgeted within the Sewer Enterprise Fund, with $1.6 million available. An additional
$500,000 appropriation is requested to fully fund the contract amount and to provide funds for possible
contract change orders, materials testing, and construction inspection services.
This project was originally put out to bid in September, 2003. Conflicts between the two lowest bidders
and threatened litigation led to the City Attorney to recommend that all bids be rejected. The City Council
rejected all bids at the Council Meeting on October 22, 2003. On December 10, 2003 construction plans
and contract documents were again released for bidding. On January 20, 2004, six bids were received
for the project:
Whitaker Contractors Inc.
22985 El Camino Real
Santa Margarita, CA 93453
In the amount of
$1,840,396.00
Mauldin-Dorfmeier Construction, Inc.
240 N. Millbrook
Fresno, Ca 93726
In the amount of
$1,889,877.00
Januaw 28, 2004, 2:31 PM
G:\GROUPDAT~ADMINRPT'~2004~02-1 I\WWTP2 Effluent Storage_AdminRpt.doc
ADMINISTRATIVE REPORT
Wood Brothers Inc.
PO Box 216
Lemoore, CA 93245
Kaweah Construction
335 N. Thorne Avenue
Fresno, CA 93706
Granite Construction Co.
585 W. Beach Street
Watsonville, Ca 95076
Irv Guinn Construction Co.
6533 Rosedale Highway
Bakersfield, CA 93308
In the amount of
In the amount of
In the amount of
In the amount of
$1,894,916.00
$1,938,225.00
$2,082,519.00
$2,410,500.00
January 28, 2004, 2:31PM
G:\GROUPDA3'~ADMINRPT~2004~2-1 I\WWTP2 Effluent Storage_AdminRpt.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
January 30, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER
Request from North Bakersfield Recreation and Park District to change zoning of parks
within the district from OS (Open Space) to RE (Recreation) (Hard 4)
RECOMMENDATION: Staff recommends referral to Planning and Development Committee.
BACKGROUND: The North Bakersfield Recreation and Park District has made a request that the City
consider changing the zoning all parks located within the district from OS (Open Space) to RE
(Recreation). They feel the Recreation zoning better defines the parks and park uses. Staff from the
district appeared at the February 2~d Planning and Development Committee meeting and requested that
the Committee review their proposal. Staff is reviewing their request to determine if there are any issues
or concerns related to the proposed change. Staff recommends referral to the Planning and Development
Committee.
February 4, 2004, 8:28AM
S:'~Adrnin Rpts~.004\Park Zoning 021104.dot
JWS:al
Page 1
ADMINISTRATIVE REPORT
IMEETING DATE: February 11,2004
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
February 2, 2004
DEPARTMENT H E~~/~
C, A rOR
Appeal by Mclntosh and Associates of the Planning Commission's denial of Zone Change
03-1279. (Engineer-Mclntosh and Associates/Subdivider- Castle & Cooke Development)
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 102-06 from A (Agriculture) to E (Estate) on 74.35 acres, and to DI
(Drilling Island) zone on 2.5 acres, located along the north side of Snow Road, east of the
Friant-Kern Canal, generally west of Calloway Drive. (ZC 03-1279). (Ward 4).
RECOMMENDATION:
Staff recommends overturning the Planning Commission decision, adopting the Negative
Declaration and approve the zone change as requested and first reading of the Ordinance.
BACKGROUND:
This property represents one of many owners north of Snow Road that staff has been meeting with
regarding potential annexation. The action by the Planning Commission was unexpected and was
not supportive of Council policy or goals regarding annexation. The Metropolitan Bakersfield Land
Use designation is Suburban Residential. The requested amendment to the zoning ordinance
would permit the development of single family residential units and a drilling island area for
petroleum exploration. The Planning Commission conducted a public hearing on this Zone
Change on January 15, 2004, and a motion to approve the request failed 3 to 4. The Planning
Commission members who voted against the motion stated that this request was premature at this
time, that the property is too irregular for the request and that the request should encompass a
larger area. No one else was in opposition to the request and the applicant agreed to all conditions
and mitigation for the project.
The applicant has submitted an appeal to the Planning Commission decision not to approve the
requested zone change from agriculture to single family residential. Staff supports the applicants
appeal and are bringing the matter before the City Council to overturn the action of the Planning
Commission.
The property owner requested the annexation of land and the zone change which is consistent with
the general plan's land use designation. The site is located within the City's Sphere of Influence
boundary and can be served by the City of Bakersfield. The land south of Snow Road is currently
being developed or has received approval for development of single family residential. The project
site is the path of development. Staff recommended approval of the requested zone change.
ADMINISTRATIVE REPORT Page2
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on
December 12, 2003, in accordance with CEQA.
ADMINISTRATIVE REPORT
IMEETING DATE: February 11,2004
AGENDA SECTION: Hearings
ITEM: ~. b,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and Cit~ Council
Development Services - Planning
February 4, 2004
General Plan Amendment/Zone Chanqe 03-1165 (Ward # 3).
Michael J. Callagy, Cornerstone Engineering, Inc., has proposed a General Plan Amendment, an
amendment to the Breckenridge Hills Specific Plan and a zone change located approximately
1,100 feet south of Chase Drive and approximately 3,000 feet east of the Kern Canyon Road-
Vineland Road intersection on 30 acres.
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designations from HMR (High Medium Density Residential), OS (Open
Space) and R-MP (Resource-Mineral Petroleum) on 30 acres.
Resolution approving the Negative Declaration and adopting the Breckenridge Hills Specific
Plan Amendment to change tand use designations from Map Code 5.2 (Residential -
Maximum 16 Units Per Net Acre) to Map Code 5.3 (Residential - Maximum 10 Units Per
Net Acre), from Map Code 8.5/2.5 (Resource Management/Physical Constraints-Flood
Hazards) to Map Code 5.3 and from Map Code 8.4 (Resource-Mineral and Petroleum) to
Map Code 5.3 on 30 acres.
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 101-13 from R-H (Residential Holding) to R-1 (One-Family Dwelling)
on 30 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the
general plan amendment, approving the specific plan amendment and first reading of the
Ordinance.
BACKGROUND:
Applicant proposes to construct 101 single-family dwellings on the 30 acre subject site. Michael J.
Callagy (Cornerstone Engineering) represents Marco Gaona. The existing land use designations
ADMINISTRATIVE REPORT Page2
(HMR/Map Code 5.2; Map Code 8.5/2.5 and R-MP/Map Code 8.5) will allow a total of 178 dwelling
units.
Applicant has prepared a "hydrology" study which recommends a 60 inch storm drain to allow
drainage to pass under the site. There is now a significant drainage feature which transports flows
from the hills to the east through the site. The study also shows that the subject site will be
designed to allow flood waters to pass through the development via streets, channels, etc., in the
event the proposed pipeline becomes blocked. The study's recommendation has been
incorporated into the conditions of approval.
Applicant also prepared a sewer design study to quantify the sewage flow and sewerage design
for the proposed development. The amount of sewage generated by this development could be
carried by a four inch pipe. The study recommendation is for a six or eight inch sewer line to serve
for future development to the east and west. The City's standards require an eight inch sewer
pipe. Final improvement plans will be reviewed for consistency with City standards.
The Planning Commission conducted public hearings on this General Plan Amendment/Specific
Plan Amendment/Zone Change 03-65 on December 15 and 18, 2003 and recommended City
Council approval on December 18, 2003. No significant issues were raised by the public or any
affected public agency at the public hearings held by the Planning Commission.
RED
admin\feb\1165-2-11
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Hearings
TEM: 5. ~..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
February 3, 2004
///~OVED
D E PARTM E N T H EA~,_..~_)'~./~
CITY ATTORNEY
Y
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanqe 03-1178 (Ward 4)
Froehlich Construction Company has proposed a General Plan Amendment and zone changes
generally located at the southeast corner of Brimhall Road and River Ranch Drive.
Resolution approving the Mitigated Negative Declaration and adopting the General Plan
Amendment to change land use designation from GC (General Commemial) to LMR (Low
Medium Density Residential) on 19 acres.
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 101-13 from C-2 PCD (Regional Commercial Planned
Commemial Development) to R-2 PUD (Limited Multiple-Family Dwelling Planned Unit
Development) on 11.99 acres, from PCD to R-2 PUD on 6.77 acres, from PCD to C-O
(Professional and Administrative Office) on 4.74 acres, PCD to C-2 on 13.80 acres and
from C-2 PCD to C-2 on 4.96 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Mitigated Negative Declaration, approving
the general plan amendment and first reading of the ordinance.
BACKGROUND:
This proposal consists of three different elements, Multiple-family Residential, Office Commercial
and Office, and Office Retail Commercial adjacent the south side of Brimhall Road.
The applicant proposes a total of 165 "apartment" homes on the R-2 PUD 18.76 acre site. This
equates to a density of 8.80 units per acre which is within the range of dwelling units per acre
allowed by the LMR land use designation.
A total of 234,000 square feet of "office" space is proposed. Phase I construction will be located on
the requested C-O zone site and will consist of five office buildings with each building having 9,000
square feet (45,000 square feet total). Phase II will be located on the requested C-2 sites and will
ADMINISTRATIVE REPORT Page2
consist of 21 "office buildings" with some retail commercial elements, with each building having
9,000 square feet (189,000 square feet total).
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change 03-1178 and recommended City Council approval on December 18, 2003. No significant
issues were raised by the public or any affected public agency at the public hearings held by the
Planning Commission.
RED
Admin\feb\l 178-2-11
ADMINISTRATIVE REPORT
MEETING DATE: February 11,2004
IAGENDA SECTION: Hearings
ITEM: ~. G~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
January 21,2004
c,w AWOR.E ///3
CITY MANAGER ~
General Plan Amendment/Zone Chanqe 03-1190 (Ward # 3)
Brett Dawson has proposed a General Plan and a zone change located along the east side of
Morning Drive approximately 300 feet north of State Route-178 on 81.50 acres.
Resolution approving the Negative Declaration and adopting the General Plan Amendment
to change land use designations from LMR (Low Medium Density Residential) to LR (Low
Density Residential) on 81.50 acres.
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 101-13 from MH (Mobile Home) to R-1 (One-Family Dwelling) or more
restrictive zoning on 81.50 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
Applicant proposes to construct approximately 230 single-family dwellings on the 81.50 acre
subject site. The existing land use designation (LMR) and zoning district (MH) will allow
approximately 800 mobile homes (10 units per net acre) on the 81.50 acre site. The proposed
development will allow approximately three single-family dwellings per net acre. Proposed
minimum lot size is 9,300 square feet.
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change 03-1190 and recommended City Council approval on December 18, 2003. No significant
issues were raised by the public or any affected public agency at the public hearings held by the
Planning Commission.
RED\admin\feb\1190-2-11
ADMINISTRATIVE REPORT
MEETING DATE: February 11. 2004
AGENDA SECTION: Closed Session
ITEM: !,~, 0~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ginny Gennaro, City Attorney
February 02, 2004
DEPARTMENT HEAD
CITY ATrORNEY
CITY MANAGER
APPROVED
Conference with Legal Counsel -- Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b)(1)(C) of Government Code
section 54956,9, One (1) potential case,
RECOMMENDATION:
BACKGROUND:
GG:Is
S:~LYN'~ADMINS\CLOSED SESSION~22.04.doc
February 02, 2004
ADMINISTRATIVE REPORT
MEETING DATE: February 11,2004
AGENDA SECTION: Closed Session
ITEM: ~ . b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Ginny Gennaro, City Attorney
February 2, 2004
APPROVED
DEPARTMENT HEAD
CITY ATrORNEY
ClTY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
City of Bakersfield v. SPCA, et al
Kern County Superior Court Case No. S-1500-CV 251740 RJA
RECOMMENDATION:
BACKGROUND:
GG:rks
February 2, 2004, 1:24PM
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Closed Session
ITEM: ~,. ~.
TO:
FROM:
DATE:
Honorable Mayor and Ci~ Council
Ginny Gennaro, City Attorney
February 05, 2004
APPROVED
DEPARTMENTHEAD
CiTY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Labor Negotiator, William Avery, pursuant to Government Code 54957.6.
Employee organizations: Fire Unit
RECOMMENDATION:
BACKGROUND:
GG;Is
S:\LYN~DMINS\CLOSED SESSlON~.204.doc
February 05, 2004
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
IAGENDA SECTION: Presentations
ITEM: II. ~l,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
David Couch, Vice-May~
February 3, 2004
APPROVED
DEPARTMENT HEA~_~
CITY ATTORNEY
CITY MANAGER
Presentation to Fire Department of radio equipment for the Hazardous Materials Paramedic
Program from Liberty Ambulance.
RECOMMENDATION:
BACKGROUND:
IMEETING DATE:
ADMINISTRATIVE REPORT
February 11, 2004
AGENDA SECTION: Workshops
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
January 27, 2004 CITY ATTORNEY ~ ~
CITY MANAGER f /
Educational Presentation by League of California Cities Executive Director C~i.s K.
McKenzie on League Activities, Protection of Local Revenues, Constitutional
Amendment Efforts, and Other Current League Activities Affecting the City of Bakersfield
and the State of California
RECOMMENDATION:
BACKGROUND:
At its meeting of January 14, 2004, the City Council requested the Executive Director of the League of
California Cities attend a Council meeting to educate the City Council on the various activities of the
League of California Cities. The City of Bakersfield is a long-standing member of the League.
Executive Director Chris McKenzie is happy to oblige the City's request to provide information at the
Council meeting.
As a part of his presentation, he will be presenting information on a proposed constitutional amendment
to protect local revenues.
JanL~ry 27, 2004, 3:35PM
P:'~L&L~Admin Reports~ADM04-02-11-ChrisMcKenziePresentation.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 11,2004 AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
February 3, 2004
SUBJECT: General Plan Amendment 02-0882 (Ward 7)
David Dmohowski has proposed a General Plan Amendment located along the northwest corner
of Wible Road and Hosking Road on 19.22 acres.
Resolution approving the Negative Declaration and disapproving the General Plan Amendment to
change land use designation from LR (Low Density Residential) to GC (General Commercial) on
19.22 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration and disapproving
the general plan amendment.
BACKGROUND:
The applicant has requested a continuance to March 10, 2004. If the City Council chooses to
continue this matter rather than hear it, staff would recommend removing it from this general plan
cycle and hearing it with the next cycle in May so the other cases are not held in abeyance pending
final action by the City Council.
Dave Dmohowski (Project Design Consultants) representing James and Barbara Gibb (property
owners) proposes a general plan amendment to General Commercial to accommodate110,000
square feet of retail commercial area and 100,000 square feet of lease able office floor space.
The Planning Commission conducted public hearings on General Plan Amendment/Zone Change
02-0882 and recommended City Council disapproval on December 18, 2003. During the public
hearing, residents spoke in opposition to the requested General Plan Amendment/Zone Change
02-0882. In addition, 14 letters and 14 phone calls were received from residents opposed to the
requested amendments. Also, the residents presented a petition, with 65 signatures, opposing the
requested amendments. The only letter supporting the amendments was from the property owner.
Staff recommended against this GPA/ZC because it is inconsistent with "commercial development"
policies numbers 21 and 24 (Land Use Element of the Metropolitan Bakersfield General Plan; p. I1-
ADMINISTRATIVE REPORT Page2
11). These policies encourage a one-half mile separation of new commercial sites from existing
commercial sites and discourage "extending" commercial development along streets.
There are several commercial sites within one-half mile and six commercial sites located along
Wible Road. In fact, across Hosking Road is a vacant 8.40 acre commemial site.
Given the general plan policies and neighborhood opposition the Planning Commission voted 7-0
to recommend its denial.
The 19.22 acre project site is currently planed for residential development and could easily be
developed with that land use. Neither staff nor Planning Commission could discern any
extenuating circumstance that would be the basis for approval.
RED
Adrnin\adrnin\feb\0882-2-11
ADMINISTRATIVE REPORT
MEETING DATE: February 11, 2004
AGENDA SECTION: Hearings
ITEM: I~. ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
February 3, 2004
SUBJECT:
General Plan AmendmentJRiverlakes Ranch Specifc Plan/Zone Chanqe No. 03-1176
(Ward 4)
Kathryn McWhorter with DeWalt Corporation has proposed a General Plan Amendment, an
amendment to the Riverlakes Ranch Specific Plan and a zone change on 42.89 acres located on
the north side of Meany Avenue, between Coffee Road and Patton Way.
Resolution adopting the Negative Declaration and approving the General Plan Amendment
to change the land use designation from LR (Low Density Residential) to HMR (High
Medium Density Residential) on 42.89 acres.
Resolution adopting the Negative Declaration and approving the amendment to the
Riverlakes Ranch Specific Plan to change the land use designation from LR (Low Density
Residential) to HMR (High Medium Density Residential) on 42.89 acres.
An Ordinance adopting the Negative Declaration and approving the proposed amendment
to Title 17 of the Municipal Code and Zoning Map No. 102-21 to change the zoning from
R-1 (One Family Dwelling) to R-2/ P.U.D. (Limited Multiple-Family Dwelling/Planned Unit
Development) on 42.89 acres.
RECOMMENDATION:
Staff recommends adoption of the resolutions and ordinance.
BACKGROUND:
The Planning Commission reviewed the general plan amendment and zone change on December
18, 2003. The project is proposing multi-family residential development (approximately 548 dwelling
units) on 42.89 acres of land within the Rivertakes Ranch Specific Plan Area. The property owner is
Meany Partners, LLC. In reviewing the project, the Planning Commission had concerns with
adequate pedestrian access to schools and commercial development and with protecting the
existing single family residences to the north. To address these issues, the Planning Commission
required the PUD zone to be combined with the proposed R-2 zone, which would allow the
developer to demonstrate that the project can be designed as a walkable community to schools and
ADMINISTRATIVE REPORT
commercial development. To protect the properties to the north, an eight (8) foot high block wall
was required for the project. The applicant suggested that landscaping could provide the same
level of protection as a block wall. The Planning Commission informed the applicant that the block
wall is required only under the zone change and, if adequately demonstrated, would consider a
landscape alternative at the preliminary site plan review stage. The PUD combining zone provides
the Planning Commission with the flexibility to implement such alternative measures.
Staff is recommending approval for the project.
WC
Admin\l 176-2-11
ADMINISTRATIVE REPORT
MEETING DATE: February 11,2004
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
February 5, 2004
DEPARTMENT HEAD//~VED
CITY ATTO R NEY/"~/~.//"~~
CITY MANAGER
General Plan Amendment/Zone Chanae No. 03-1189 (Ward 3)
AD[~eal bv San Joaouin Enoineerinq of the Planninq Commission's Conditions of Approval
San Joaquin Engineering (representing Rex Martin) is proposing to designate the northern 2.6 acres
of the project site for single family residential development (10,000 sq. ft. lots) and the southern 5.6
acres for suburban residential development (one acre lots). The drainage channel (1.6 acres)
would remain as open space. Generally located south of Chase Avenue and East of Kern Canyon
Road (State Route 184).
Resolution adopting the Negative Declaration and approving the General Plan Amendment
to change the land use designation from: (1) HMR (High Medium Density Residential ) to
LR (Low Density Residential) on 1 acre, (2) OS (Open Space) to LR on 1.6 acres, (3) R-MP
(Resource-Mineral Petroleum) to OS on .18 acres, (4) OS to SR (Suburban Residential) on
.06 acres, and (5) R-MP to SR on 5.5 acres.
Resolution adopting the Negative Declaration and approving the amendment to the
Breckenridge Hills Specific Plan to change the Map Code designations from: (1) Map Code
5.2 (Max. 16 du/net ac.) to Map Code 5.3 (Max. 10 du/net ac.) on 1 acre, (2) Map Code
8.5/2.5 (Resource Management/Flood Hazards) to Map Code 5.3 on 1.6 acres, (3) Map
Code 8.4 (Mineral & Petroleum) to Map Code 8.5/2.5 on .18 acres, (4) Map Code 8.5/2.5 to
Map Code 5.4 (Max. 4 du/net ac.) on .06 acres, and (5) Map Code 8.4 to Map Code 5.4 on
5.5 acres.
An Ordinance adopting the Negative Declaration and approving the proposed amendment
to Title 17 of the Municipal Code and Zoning Map No. 104-20 to change the zoning from:
(1) R-H (Residential Holding) to R-1 (One Family Dwelling) on 2.67 acres, (2) R-H to OS
(Open Space) on 1.63 acres, and (3) R-H to R-S-lA (Residential Suburban - One Acre
Minimum) on 5.65 acres.
RECOMMENDATION:
Staff recommends upholding the Planning Commission decision and adoption of the resolutions and
give first reading to the ordinance.
BACKGROUND:
ADMINISTRATIVE REPORT Page2
The Planning Commission reviewed the general plan amendment and zone change on December
18, 2003. The applicant is proposing to develop the northern portion of the project site (2.6 acres)
with eight single-family residential lots (over 10,000 sq. ft. in size) and the southern portion (5.6
acres) with five one acre residential lots. The property owner is Rex Martin. The applicant proposes
that the area containing the open drainage channel would remain as open space.
The applicant requested that the southern portion of the project site (5.6 acres), which is proposed
for R-S-lA or one acre lot development, be permitted septic systems until municipal sewer service
is established close enough to connect. To connect to the municipal sewer service to the north,
development on the southern portion would require a sewer lift station. The City is prohibiting a
sewer lift station for the project. The Planning Commission agreed with the applicant's request,
subject to the following conditions: 1.) a dry sewer line must be installed, 2.) sewer hookup fees
must be paid prior to issuance of building permits, and 3.) once municipal sewer service is
established within 1,000 feet of the project site, all R-S-lA lots must connect to the service. These
requirements were added as conditions of approval (see Condition No. 1) for the project. The R-1
lots proposed on the northern portion of the project site (2.6 acres) will connect to the existing
.municipal sewer service adjacent to the north.
The Planning Commission also determined that the drainage channel that traverses the project site
should be piped. The purpose of this requirement is to make the proposal consistent with the
adjacent project to the west (GPA/ZC 03-1165) which is proposing to pipe the drainage channel.
Both GPA/ZC 03-1189 and GPA/ZC 03-1165 will be considered by the City Council during the same
regularly scheduled meeting.
The applicant has appealed the required conditions for the project. Various communications
indicate the appellant is especially concerned about the requirement to replace the ravine with a
drainage pipe to be connected to another adjacent one and the requirement to provide sewage
service to a part of the development.
He has proposed leaving the ditch open and have a Iow flow road (a road crossing the ditch that is
passable when it is dry) go through the ditch to access the other homes. This would be an unsafe
condition and should not be allowed.
The requirement to install a pipe where the drainage ditch is provides for continuity of drainage with
the ditch on an adjacent property. This is a higher priority "safety" issue to both children at play who
could drown or get stuck in the drains and to safety of vehicles trying to traverse a ravine.
In addition, the appellant has stated a desire not to install sewer lines to the development on the
other side of the ravine. This again is a Health & Safety matter and cannot be allowed.
The options that could be made available are:
1. The developer could build a road that bridges the ravine.
2. Another alternative could be that they not develop the homes on the south side of the ravine.
3. The third alternative would be to have access come from the south side, which would require an
alternative route around the ravine on the south side.
Staff recommends upholding the Planning Commission.
wc
Admi~1189-2-11