HomeMy WebLinkAbout03/10/04_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
MARCH 10, 2004
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PRESENTATIONS
a. Presentation of National Awards from Keep America Beautiful to the City for its Keep
Bakersfield Beautiful Program.
3. PUBLIC STATEMENTS
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of February 25, 2004.
Payments:
b. Approval of department payments from February 13, 2004 to February 26, 2004 in the
amount of $5,574,300.52 and self insurance payments from February 13, 2004 to February
26, 2004 in the amount of $266,568.45.
Ordinances:
c. First Reading of Ordinance amending Section 8.44.030 of the Municipal Code relating to
Fireworks.
(Wards 2,4,6) d.
First Reading of Ordinance amending Municipal Code Sections 1.12.020. 1.12.040 and
1.12.060 by adding Annexation No. 443 to Wards 2 & 4, and Annexation No. 445 to Ward 6.
(Ward 4) e.
First Reading of Ordinance amending Title 17 of the Municipal Code concerning official Zone
Map No. 102-19 changing the zone district from a PCD (Planned Commercial Development)
zone to a revised PCD zone on 0.50 acres, and from a C-2 (Regional Commercial) zone to
a PCD zone on 1.8 acres to construct a 59,325 sq. ft. expansion to an existing mini storage
facility at 3201 Calloway Drive. (Jim Marino representing Derrel's Mini Storage) (ZC 03-1361)
f. Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-29 to change the zoning from A (Agriculture) to R-1
(One Family Dwelling) on 77.80 acres located along the south side of Panama Lane and the
east side of Old River Road. (Kern County Jurisdiction, Annexation Requested) (ZC 03-1192)
(First Reading 2/25/04)
(Ward 4)
g.
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-25 to change the zoning on property located
generally along the west side of Jewetta Avenue, approximately 700 feet south of Birchhaven
Avenue. The City, representing the property owner (Jessie Mendoza), initiated the zone
change. (ZC 03-1155). (First Reading 2/25/04)
4. CONSENT CALENDAR continued
(Ward 4)
(Ward 4) i.
(Ward 1) j.
(Ward 3) k.
(Ward 4) I.
(Ward 6)
(Wards 4,5)
(Wards 1.6)
(Ward 1)
h.
Adoption of Ordinance adopting the Negative Declaration and amending Section 17.06.020
of Title 17 of the Municipal Code and Zoning Map 101-11 to change the zoning from A
(Agriculture) to R-1 (One Family Dwelling) on 80 acres located generally west of Allen Road,
south of Kratzmeyer Road to Reina Road. (Jim Marino, Marino & Associates representing
King-Gardiner Farms) (ZC 03-1228). (First Reading 2/25/04)
Resolutions:
Resolution dedicating a storm drain easement on City park site property located easterly of
Jewetta Avenue and northerly of the Cross Valley Canal.
Resolution ordering the summary abandonment of the reserved public utility easement rights
in vacated 1s', 2nd, 3"' and R Streets, west of Tract No. 1396.
Resolution ordering the summary vacation of a portion of the East Niles Street
frontage/service road between Fairfax Road and Morning Drive.
Resolution of Intention No. 1328 to add territory, Area 1-45 (Jewetta,Brimhall NE) to
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
m.
Resolution adding territory, Area 3-25 (Stine, McKee NE) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector
n.
Assessment District No. 03-3 (Seven Oaks West III/Brighton Place II/Fairway Oaks South):
1. Resolution premliminarily approving Engineer's Report and setting date for public
hearing of protests.
2. Resolution approving acquisition and disclosure agreements and authorizing changes
thereto and execution thereof.
o.
Resolutions of Application proposing proceedings for annexation of uninhabited territory to
the City property identified as Annexation No. 459 located on the south side of Brite Street,
generally south of State Highway 58, between Hughes Lane and South H Street, and
Annexation No. 460 located at the southeast corner of McKee Road and Stine Road.
p. Digital Aerial Imagery:
1. Resolution that certain Digital Aerial Imagery compatible with PhotoMapper®software
cannot be reasonably obtained through usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $81,000.00.
2. Agreement with ImageAmerica Digital Orthoimagery ($80,401.00) to update images
of Metropolitan Bakersfield which are compatible with PhotoMapper® software.
3. Appropriate $11,000 Gas Tax Fund Balance to the Public Works Department's
Operating Budget.
q.
Resolution of Intention No. 1329 to order the vacation of Brite Street on the east side of
Oleander Avenue.
2
4. CONSENT CALENDAR continued
Agreements:
r. Agreement with Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter, Accountancy
Corporation ($45,000.00) for a full scope annual audit of the 2003-04 fiscal year.
(Ward 3)
s.
Final Tract Map and Improvement Agreement with McMillin Tuscany, LLC, for Tract 6000
Phase 2 located east of Alfred Harrell Highway and north of State Route 178.
t. Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for Workers'
Compensation Legal Service (in an amount not to exceed $180,000.00 to be paid from the
Self Insurance Fund).
u. Ditch Eradication and Pipeline Easement Agreement with Dale G. and Jan R. Scales for
Tentative Tract 6175 at the southeast corner of Snow Road and Coffee Road.
v. Amendment NO.1 to Agreement No. 03-382 with County of Kern for animal care services.
(Ward 4)
w.
(Ward 2)
x.
Bids:
Amendment NO.1 to Consultant Agreement No. 01-168 with RJM Design Group, Inc. to
increase compensation by $80,660.00 (for a total contract amount of $461,230.00) for
Landscape Architectural, Architectural and Engineering Service for 30 acre park on Stockdale
Highway at Buena Vista Road.
Amendment No. 2 to annual contract Agreement No. 03-028 with Jim Alfter, Cement
Contractor ($1 00,000.00 for a total contract amount of $366,000.00) for additional canal liner
repairs in Carrier Canal between Golden State Highway and Oak Street.
y. Accept bid from Insight Public Sector ($42,114.75) for seven (7) Panasonic computers with
vehicle mounts funded by a Code Enforcement Grant.
z. Reject all bids for one additional Mid Size SUV for Code Enforcement (grant funded).
Miscellaneous:
(Wards 1,2,3) aa.
Community Development Block Grant (CDBG) Action Plan Amendment No. 14 (FY 98/99),
Amendment No. 10 (FYOO/01), Amendment NO.9 (FY 01/02), Amendment No. 10 (FY 02103),
and Amendment NO.4 (FY 03/04).
1. Appropriate $300,000.00 prior and current year HOME program income to the
Economic and Community Development, Capital Improvement Budget for aCQuisition
and demolition activities associated with the Baker Street Mixed Use Project.
2. Transfer $80,000.00 from the Community Development Block Grant fund, Operating
Budget to the Capital Improvement Budget for various streetscape improvement
projects.
bb. 2004 Legislative Platform.
(Ward 4)
cc.
Appropriate $43,000.00 Transportation Development Fund Balance to the Capital
Improvement Project Budget for the Calloway Drive Street Widening Project.
Staff recommends adoption of Consent Calendar items a through cc.
3
5. CONSENT CALENDAR HEARINGS - see additional items at 7:00 pm portion of meeting
(Ward 5)
a.
Continued Public Hearing to consider the appeal by Sierra Club regarding Revised Tentative
Tract Map 6169 (Engineer-Porter Robertson/Subdivider-McMillan Albany, LLC).
1. Resolution denying the appeal from the Sierra Club, adopting the addendum to the
Negative Declaration, upholding the decision of the Planning Commission, approving
Revised Tentative Tract Map 6169 generally located north of Panama Lane, south of
Harris Road (extended), east of Old River Road.
Staff recommends adopting the resolution denying the appeal, adopting the addendum to the
Negative Declaration, upholding the decision of the Planning Commission and approving Revised
Vesting Tentative Tract Map 6169.
b. Public Hearing to consider Resolution making findings and updating the Capital Improvement
Plan for the Bakersfield Habitat Conservation Plan.
Staff recommends adoption of resolution.
6. CLOSED SESSION
a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to
Government Code Section 54957 (b)(1).
RECONVENED MEETING - 7:00 p.m.
7. ROLL CALL
8. INVOCATION by Clyde B. Wasdin, Pastor, Christ Cathedral.
9. PLEDGE OF ALLEGIANCE by Megan Kaufman and Elizabeth Belsky, 6"' Grade Students at Bessie
Owens School.
10. CLOSED SESSION ACTION
11. PRESENTATIONS· see additional items at 5:15 pm portion of meeting
a. Presentation by Mayor Hall of Proclamation to Mr. Oscar Chavez, Director of Marketing &
Public Relations for Community Action Partnership of Kern, recognizing the 50"' Anniversary
of the Economic Opportunity Act and the accomplishments of the Community Action
Partnership of Kern.
b. Presentation by Mayor Hall of Proclamation to the Castle & Cooke Dream Builders Team,
proclaiming March 20, 2004, as ·Spring Fling for the Families of the Bakersfield Homeless
Center Day".
12. PUBLIC STATEMENTS
13. CONSENT CALENDAR - for those Consent matters fisted but not heard at 5:15 pm portion of meeting
14. HEARINGS· Council may hear Consent hearing items fisted but not heard at 5:15 pm portion of meeting
4
15. NEW BUSINESS
(Ward 2)
a.
Proposal by "The Bakersfield Californian" to finance costs to open Beale Pool
Staff recommends approval.
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
trL w ~ç- ~~ Al
Alan Tandy
City Manager
pi
3/3/04 3:36 pm
5
/h
.
-
BAKERSFIELD
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
HONORABLE MAYOR AND CITY COUNCIL ýj ~/
JOHN W. STINSON, ASSISTANT CITY MANAGER ¡,.
ALAN TANDY, CITY MANAGER '
FROM:
THROUGH:
SUBJECT: AGENDA HIGHLIGHTS - MARCH 10, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 c.m.
CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those that should be highlighted
include:
Ordinances:
Item 4c. First Readina of Ordinance reaardina Fireworks. In the past, subunits within a single non-profit
organization were allowed to submit applications to increase their chance of winning a permit in the
fireworks lottery drawing. At its meeting on February 23, 2004, the Legislative and Litigation Committee
voted to recommend that only one permit application should be allowed to be submitted per individual
non-profit organization. Additionally, the Committee agreed that non-refundable permit application fees
should be charged to all organizations submitting an application, not just drawing winners, as staff must
process and verify all applications prior to the drawing. The proposed ordinance changes will not take
effect until after this year's application cycle, which is March 1s - 31st.
Item 4e. First Readina of Ordinance Amendina the MuniciDal Code to Chanae the Zonina of 1.8 Acres at
3201 Callowav Drive CDerrel's Mini Storaae). The proposed zone change will allow a proposed 59,325
sq. ft. expansion to an existing mini storage facility. The applicant proposes to develop a 0.50-acre
portion of the existing recreational vehicle parking area in combination with 1.8 acres of adjacent C-2
zoned property to accommodate the proposed addition of 8 new self-storage warehouse buildings. The
request is consistent with the site's General Plan designation and the applicant's existing development
adjacent to the north and west. The Planning Commission unanimously recommended that the City
Council approve the request.
Resolutions:
Item 40. Diaital Aerial Imaaerv. In the past, the City purchased color aerial photos within the 2010
General Plan. These aerial photos are updated every two years to maintain a history of City growth
patterns, and is accessed daily by Subdivisions, Wastewater, Traffic, Planning, Code Enforcement, Solid
Waste, General Services, Engineering, Crime Analysts, Crime Prevention, Fire Department, Graffiti, and
GIS. It is used for public meetings, preliminary studies, staff meetings with developers, property owners,
State and County agencies, accident investigations, traffic roadway striping, intersection control, field
conditions from citizen inquiries, planning future projects, and crime analysis.
Staff recommends acquiring aerial imagery at a more frequent interval, and in a black and white format,
which is more cost effective to keep up with the rapid growth of the City. The software must be
(
Agenda Highlights
March 10, 2004
Page 2
compatible with PhotoMapper®, which is the software currently used by staff to project these images for
viewing. The updates will require the use of ImageAmerica Digital Orthoimagery as the source.
Since this project benefits so many departments, various funding sources will be used. These sources
include: Park Improvement Fund; Transportation Development Fund; Sewer Enterprise Fund; Refuse
Fund; Domestic Water Fund; Development Services Fund; and Gas Tax Fund. This project does not
include any General Fund doilars. An additional appropriation of $11,000 is needed to fully fund this
agreement.
Aareements:
Item 4r. AGreement with Brown. Armstrono. Paulden. McCown. Hill. Starbuck & Keeter. Accountancv
Corooration for a Full Scooe Annual Audit of the 2003-04 Fiscal Year in the amount of $45.000. In
March 2000, an agreement was approved with this firm to perform the City's audit for five fiscal years.
The proposal being considered for the 2003-04 fiscal year audit is year five of the agreement. The firm
proposes no increase in their fees, as was the case last year.
Item 4t. AGreement with the Law Offices of Hanna. Broohv. MacLean. McAleer & Jensen for Workers'
Comoensation LeGal Services in an amount not to exceed $180.000 - to be oaid from the Self Insurance
Fund. In March 2003, an agreement was approved with this firm to provide legal services for the City's
Workers' Compensation claims litigation. The proposed agreement covers a one-year period. While
there is no increase in rates from last year, the contract amount was increased from last year's amount of
$100,000 to match the anticipated legal costs, based on actual expenditures from the prior period.
Item 4v. Amendment No.3 to AGreement #03-382 with Kern Countv for Animal Care Services. For the
past several months, City and County staff members have been meeting to come to agreement on a longer
term mutually-beneficial contract relating to the combining of various aspects of animal control and care
services. The City and County have entered in to three three-month, short-term agreements for the provision
of animal care services, the third of which expires March 31, 2004. This agreement is the fourth of those
short-term agreements and would extend the agreement through June 30, 2004.
Meetings with County staff are continuing. Progressive steps have been made in detem1ining the various
functions of and costs related to animal care and control. The fourth short-term agreement will assist in these
efforts as well as in further identifying issues related to longer-term joint animal control ventures. This
agreement is brought forward as a Council agreement rather than a departmental agreement to keep Council
abreast of the continuing discussions.
Item 4w. Amendment NO.1 to Consultant AGreement No. 01-168 with RJM DesiGn Grouo. Inc. to
Increase Comoensation bv $80.660 (for a total contract amount of $461.2301 for Landscaoe
Architectural. Architectural and EnGineerina Services for 30-Acre Park on Stockdale Hiahwav at Buena
Vista Road. Through the development and design of the park, the Consultant's original scope of. work
was modified. These modifications are as follows: 1) Provide construction documents for the Tot Lot.
The City received a construction grant for the Tot Lot, which was planned as a future phase of the park;
2) Incorporate an additional two acres of land that the City purchased from Castle & Cook into the
design; 3) The scale and complexity of the Amphitheater was increased from its original concept; and 4)
The Consultant was required to attend several additional meetings to finalize the design concepts.
Sufficient funds are available in the project budget to cover this amendment.
Item 4x. Amendment No. 2 to Annual Contract No. 03-028 with Jim Aliter. Cement Contractor for
Additional Canal Liner Reoairs in the Carrier Canal between Golden State Hiahwav and Oak Street in the
amount of $100.000 (for a total contract amount of $366.0001. In December of 2003, Council approved
Amendment No. 1 for $200,000 to allow staff to proceed with the needed repairs along the canal. The
work has been completed and the cost of the repairs exceeded the contract amount by approximately
$64,000. This amendment adds $100,000 to the current annual contract, increasing the total contract
- +-----............-.----. ,..
Agenda Highlights
March 10, 2004
Page 3
amount to $366,000 for additional canal liner repairs. Kern Delta Water District, who shares ownership
of these facilities with the City, has agreed to reimburse the City for its appropriate share of the costs.
Bids:
Item 4y. Award Contract to Insioht Public Sector for Seven Panasonic Computers with Vehicle Mounts
for Code Enforcement in the amount of $42.114.75 - to be paid bv the Code Enforcement Grant
Prooram. In November of 2002, Council appropriated funds provided by the Code Enforcement Grant
Program. One acceptable bid was received. Staff recommends award to Insight Public Sector.
Miscellaneous:
Item 4aa. Communitv Development Block Grant Action Plan Amendments. The amendments are as
follows: 1) Appropriate $300,000 prior and current year (FY 98/99, 00/01, 01/02, and 02103) HOME
program income to the Economic and Community Development, Capital Improvement Budget for
Acquisition and Demolition activities associated with the Baker Street Mixed Use Project; and 2) Transfer
$80,000 from the Metropolitan Recreation Center Playground Construction project in the Community
Development Block Grant Fund, Operating Budget to the Capital Improvement Budget for various
streetscape improvement projects. Additionally, funds are recommended to be reprogrammed from the
Jefferson Pool Rehabilitation project to fund the Wayside Park Wetplay Area project.
Item 4bb. Approval of 2004 Leoislative Platform. The Legislative and Litigation Committee met on
February 23,2004 and voted to recommend the following changes: 1) Modify the General Government
section to add "transportation funds" to the itemized list of revenue sources; and 2) Support a
constitutional amendment to protect local revenues from State capture, except through two-thirds vote of
the Legislature and voter approval.
Item 4cc. Appropriate $43.000 Transportation Development Fund Balance to the Capital Improvement
Proiect Budoet for the Callowav Drive Street Widenino Proiect. On June 30, 1999, the City and County
entered into an agreement for work on Calloway Drive, north of Brimhall Road. Under the agreement,
the County was to construct a portion of Calloway Drive which was within City limits in conjunction with
its Calloway Drive Rail Road Underpass project. The City just received the invoice for the work under
the above agreement which totals $263,807.32. Currently, there are not enough funds in the project to
pay for the invoice; therefore, an appropriation in the amount of $43,000 is necessary. All costs were
evaluated by City staff and appear to be in order. Therefore, staff recommends approval of the
appropriation.
Consent Calendar HearinQs:
Item 5a. Continued Public Hearino to Consider the Appeal bv the Sierra Club reoardino a Subdivision
Located Generallv North of Panama Lane. South of Harris Road. East of Old River Road. This item was
continued from the January 28th and February 25th Council meetings. The developer, McMillan Albany,
LLC, represented by Porter-Robertson Engineering, has been in discussions with the Sierra Club, who
had filed a standard appeal objecting to the Planning have Commission's approval. Staff recommends
the appeal be denied, and uphold the decision of the Planning Commission to approve the project.
Item 5b. Public Hearino to Consider a Resolution Makino Findinos and Updatino the Capital
Improvement Plan for the Bakersfield Habitat Conservation Plan iMBHCP). This item constitutes review
of the funding mechanism for the MBHCP. Developers pay a $1,240 per acre fee at grading plan
approval stage to compensate for direct and indirect impacts on endangered species habitat from urban
development. The funds are used to purchase and manage habitat consistent with the City's
implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and
Game. No change in the fee is recommended at this time.
·
Agenda Highlights
March 10, 2004
Page 4
Pursuant to the California Government Code, the Capital Improvement Plan (CIP) must be updated
annually. The CIP involves the use of mitigation fees to offset the loss of endangered species habitat in
the Metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land.
No changes in the CIP are necessary and the update should be a confirmation of the present plan.
The program is self-supporting and requires no support funds from the City or County. The Kern
County Board of Supervisors conducted a public hearing on this item on December 16, 2003, and
approved a similar resolution.
CLOSED SESSION
The performance evaluation of the City Manager will be discussed.
CONTINUATION OF REGULAR MEETING - 7:00 D.m.
NEW BUSINESS
Item 15a. Procosal bv ''The Bakersfield Californian" to Finance Costs to Ocen Beale Pool. The
Bakersfield Californian proposes to spearhead a fundraising effort that would provide enough money to
keep Beale Park pool open, which had been scheduled to close for the upcoming swim season. Staff
estimates that it would cost $70,000 to open and operate the pool. This item is to seek approval from
Council to open the pool if their fundraising efforts are successful. They propose that donations be made
to the Bakersfield Foundation and collected by the Mayor's office.
If $70,000 cannot be obtained, two other options are proposed: 1) open Beale for a shorter swim season;
or 2) provide recreational swim vouchers for children in areas where City pools have been closed that
would allow them to swim at any of the pools that will remain open or the McMurtrey Aquatics Center.
Staff proposes a deadline of April 1, 2004 to raise funds and decide which option to pursue. This is
necessary to hire and train aquatics staff and to notify the public which pools will be open.
We take this opportunity to thank the newspaper for their community interest in this matter.
AT:JWS:al
cc: Department Heads
City Clerk's Office
News Media File
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
FEBRUARY 25, 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, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent:
None
2. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Alan
Christensen. Interim Recreation & Parks Director, proclaiming
March 13,2004, as "Arbor Day".
Councilmember Sullivan made comments.
Councilmember Benham made comments.
3. PUBLIC STATEMENTS
a. Minister Wesley Crawford, Sr., spoke and provided written
material regarding the need for a stop sign on Belle Terrace
at EI Toro St. near Fremont and Sequoia schools.
Councllmember Carson requested staff provide Information
regarding the length of time before a stop sign Is Installed near
the schools; additionally provide an update regarding curb and
gutter Installation on the south side of Belle Te"ace.
4. APPOINTMENTS
a. One appointment to the Board of Directors of the North
Bakersfield Recreation and Park District, due to expiration of
term of Sherry Eggleston, term expired December 31,2003.
Motion by Vice-Mayor Couch to appoint Jake Sweeney to the
Board of Directors of the North Bakersfield Recreation and Park
District.
Bakersfield, California February 25,2004 - Page 2
5.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of February 11, 2004.
Payments:
b. Approval of department payments from January 30, 2004 to
February 12, 2004 in the amount of $5,637,728.26 and self
insurance payments from January 30, 2004 to February 12,
2004 in the amount of $135,654.71.
Ordinances:
c.
Adoption of Ordinance adopting the Negative Declaration and
amending Section 17.06.020 ofTitle 17 of the Municipal Code
and Zoning Map 104-20 from R-H (Residential-Holding) to R-
1 (One Family Dwelling) 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 intersection.
(Michael J. Callagy, Cornerstone Engineer) (ZC 03-1165)
d.
Adoption of Ordinance adopting the Negative Declaration and
amending 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/PUD (Limited Multiple Family Dwelling/Planned Unit
Development) on 42.89 acres located on the north side of
Meany Avenue, between Coffee Road and Patton Way (Kathy
McWorter, DeWalt Corp-Engineer/Jim Ward-
ArchitectlProBuilt-Builder) (ZC 03-1176).
e.
Adoption of Ordinance adopting the Negative Declaration and
amending Section 17.06.020 of Title 17 of the Municipal Code
and Zoning Map 102-32 from C-2 PCD (Regional Commercial
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 CoO
(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
located along the southeast comer of Brimhall Road and
River Ranch Drive. (Froelich Construction Co.) (ZC 03-
1178).
ACTION TAKEN
ORD4171
ORD 4172
ORD 4173
Bakersfield, California February 25, 2004 - Page 3
5.
CONSENT CALENDAR continued
ACTION TAKEN
f. Adoption of Ordinance adopting a Negative Declaration and ORD 4174
amending Title 17 of the Municipal Code and Zoning Map No.
104-20 to change the zoning from: R-H (Residential Holding)
to R-1 (One Family Dwelling) on 2.67 acres, R-H to OS (Open
Space) on 1.63 acres, and, R-H to R-S-1A (Residential
Suburban - One Acre Minimum) on 5/65 acres south of Chase
Avenue and east of Kern Canyon Road. (San Joaquin
Engineering and Rex Martin) (ZC 03-1189).
g. Adoption of Ordinance adopting the Negative Declaration and ORD 4175
amending Section 17.06.020 ofTitle 17 of the Municipal Code
and Zoning Map 104-18 from MH (Mobilehome) to R-1 (One
Family Dwelling) on 81.50 acres located along the east side
of Morning Drive approximately 300 feet north of State Route
178. (Brett Dawson) (ZC 03-1190).
h. Adoption of Ordinance adopting the Negative Declaration and ORD 4176
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. (Engineer-Mcintosh and
Associates/Subdivider-Michel Etchevery) (ZC 03-1279)
Resolutions:
i.
Amendment No. 1 to Resolution No. 79-92 regarding the
establishment of the Disability Retirement Review Committee
and the Retirement Appeals Board.
RES 79-92(1)
RES 039-04
j. Resolution determining that the wet play equipment for
Wayside park cannot be obtained through the usual bidding
procedures and authorizing the Finance Director to dispense
with bidding therefore, not to exceed $155,000.00.
RES 040-04
k. Resolution in support of a Statewide Ballot Initiative to require
voter approval before the State Government may confiscate
local tax funds.
RO/1325
I. Resolution of Intention No. 1325 to add territory, Area 3-25
(Stine, McKee NE) to the Consolidated Maintenance District
and preliminarily adopting, confirming and approving Public
Works Director's Report.
5. CONSENT
Bakersfield, California February 25, 2004 - Page 4
CALENDAR continued
Agreements:
m.
Agreement with Bakersfield Rescue Mission Homeless
Intervention Service, Inc. (HIS) for acquisition of 724 E. 21't
Street. ($260,000.00 - Comm Dev Block Grant Funds)
n.
Consultant Agreement with Kenneth D. Schmidt & Associates
($49,400.00) to provide groundwater monitoring and reporting
services at Wastewater Treatment Plant 2, Plant 3 and the 1-5
Farm owned by the City of Los Angeles.
o.
Independent Contractors Agreement with Zalco Laboratories,
Inc. ($40,213.00) to provide analytical testing services for a
Best Practicable Treatment and Control Study (BPTC) to be
done at Wastewater Treatment Plant 3.
p. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreement with G. W.
Homes for Tract 5966, Unit 2 located south of
Meacham Road and west of Jewetta Avenue.
2.
Final Map and Improvement Agreements with Centex
Homes for Tract 6118, Units 1 and 2, and Off Site
Improvement Agreement and Landscape Agreement
for Units 1 thru 5, located north of Olive Drive and
west of Old Farm Road.
3.
Final Map and Improvement Agreements with Castle
& Cooke California, Inc., for Tract 6185 Units 1
through 8 located west of Jewetta Avenue and north
of Stockdale Highway.
4.
Final Map with ADH Corporation for Tract 6140 Phase
5 located south of State Route 58 and east of Oswell
Street.
q.
Agreement for aCQuiring oftsite real property interest (City in
the Hills Development).
r.
Amendment NO.1 to Agreement No. CA 03-015 ($25,000.00,
total contract not to exceed $50,000.00) with the law firm of
Duane Morris for outside legal services in the matter before
the California Public Utilities Commission relating to railroad
crossings in the City.
ACTION TAKEN
AGR 04-031
AGR 04-032
AGR 04-033
AGR 04-034
AGR 04-035
AGR 04-036
AGR 04-037
AGR 04-038
AGR 04-04()
AGR 04-041
AGR 04-042
AGR 04-043
AGR 04-044
AGR 04-045
AGR 04-046
AGR 04-047
AGR 04-048
AGR 04-049
AGR 04-050
AGR 04-051
AGR 04-052
AGR 04-053
5.
Bakersfield, California February 25, 2004 - Page 5
CONSENT CALENDAR continued
s.
Amendment No. 1 to Agreement No. RP04-002 with Kern
High School District (not to exceed $30,000.00) for use of
Silver Creek and Jastro Pools.
t.
Amendment NO.4 to Agreement No. 97-283 with HTE, Inc.
for refund ($4,900.00) of licensed software.
u.
Amendment No. 1 to Agreement No. 03-188 with Rick
Maharrey dba Kern County Slow-Pitch Softball for additional
services.
Bids:
Miscellaneous:
v. Appropriate $30,000.00 Park Improvement Fund Balance to
the Capital Improvement Budget for construction of
landscaping improvement next to the Convention and Visitors
Bureau.
w. Authorize settlement of claim ($65,436.97) by Jim Burke Ford
for damages from failure of Carrier Canal Culvert at 19"' and
Oak Streets.
Motion by Vice-Mayor Couch to adopt Consent Calendar Items
5.a. through 5.w.
6. CONSENT CALENDAR HEARINGS - see additional items at 7:00 pm
portion of meeting
a. General Plan Amendment 03-1192; Appeal by Old River
Road, LLC. of the Planning Commission's denial of their
request to amend the Land Use Element of the Metropolitan
Bakersfield General Plan changing the land use designation
from R-IA (Intensive Agriculture) to LR (Low Density
Residential) and a Zone Change from A (Agriculture) to R-1
(One Family Dwelling) on 77.80 acres located along the south
side of Panama Lane and the east side of Old River Road.
1.
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change
land use designations from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential).
ACTION TAKEN
AGR 04-054
AGR 97-283(4)
AGR 03-188(1)
APPROVED
RES 041-04
6.
Bakersfield, California February 25, 2004 - Page 6
CONSENT CALENDAR HEARINGS continued
Item 6.a. continued
ACTION TAKEN
2. First Reading of Ordinance adopting the Negative FR
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 101-13 from A to R-1.
Staff recommends adoption of resolution approving the Negative
Declaration, approving the general plan amendment, and give first
reading to ordinance.
b. General Plan Amendment/Zone Change 03-1155; The City,
representing Jessie Mendoza (property owner) has proposed
a General Plan Amendment and amendment to the ordinance
for property located generally along the west side of Jewetta
Avenue, approximately 700 feet south of Birchhaven Avenue.
1. Resolution adopting the Negative Declaration and the RES 042-04
General Plan Amendment to change land use
designation from ER (Estate Residential) to SR
(Suburban Residential) on 4.77 acres.
2. First Reading of Ordinance adopting the Negative FR
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 101-25.
Staff recommends adoption ofthe resolution and give first reading to
ordinance.
c. General Plan Amendment/Specific Plan Line No. 03-1171;
Castle and Cooke California, Inc. has proposed to amend the
Circulation Element of the Metropolitan Bakersfield General
Plan to realign a portion of the West Beltway, approximately
one-half mile west of its current alignment, between Stockdale
Highway and Pacheco Road. A Specific Plan Line to
establish 210 feet of planned right-of-way for the same
reali9ned segment of the West Beltway is proposed as well.
1. Resolution adopting the Negative Declaration and the RES 043-04
General Plan Amendment to amend the Circulation
Element of the General Plan to realign a portion of the
West Beltway, approximately one-half mile west of its
current alignment, beginning approximately 700 feet
north of Stockdale Highway and extending to Pacheco
Road.
6.
Bakersfield, California February 25, 2004 - Page 7
CONSENT CALENDAR HEARINGS continued
Item G.c. continued
ACTION TAKEN
2. Resolution adopting the Negative Declaration and a RES 044-04
Specific Line Plan, pursuant to Chapter 17.55 of the
Municipal Code, to establish 210 feet of planned right-
of-way for the segment of the West Beltway realigned
under GPA 03-1171, beginning approximately 700
feet north of Stockdale Highway and extending to
Pacheco Road.
Staff recommends adoption of the resolutions.
d. General Plan Amendment/Rivertakes Ranch Specific Plan
Amendment 03-1175; Michael Dhanens, Architect, has
proposed a General Plan Amendment and a Riverlakes
Ranch Specific Plan Amendment on 4.48 acres, located
generally west of Riverlakes Drive, north of Links Drive.
1.
Resolution approving the Negative Declaration and
denying the General Plan Amendment to change land
use designation from OS-P (Open Space-Park) to LR
(Low Density Residential) on 4.48 acres.
RES 045-04
2.
Resolution approving the Negative Declaration and
denying the Riverlakes Ranch Specific Plan
Amendment consisting of changes to the land use
designation from OS-P (Open Space-Park) to LR
(Low Density Residential) on 4.48 acres and from OS
(Open Space) to R-1 (Single Family Dwelling) zone on
4.48 acres and to omit any reference to the park site
at the location.
RES 046-04
Staff recommends adoption of the resolutions approving the Negative
Declaration, denying the General Plan Amendment and the
Riverlakes Ranch Specific Plan Amendment.
e. General Plan Amendment/Zone Change 03-1228; Marino and
Associates has proposed a General Plan Amendment and an
ordinance amendment and the cancellation of a Land
Conservation contract for 80 acres, located generally west of
Allen Road, south of Kratzmeyer Road to Reina Road.
1. Resolution approving the Negative Declaration and RES 047-04
adopting the General Plan Amendment to change
land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on 80
acres.
6.
Bakersfield, California February 25, 2004 - Page 8
CONSENT CALENDAR HEARINGS continued
Item 6.e. continued
ACTION TAKEN
2. First Reading of Ordinance adopting the Negative FR
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 101-11 from A (Agriculture)
to R-1 (One Family Dwelling) zone on 80 acres.
3. Resolution making findings and approving the RES 048-04
cancellation of the Land Conservation Contract
(Williamson Act) on 80 acres (Government Code
51282).
Staff recommends adoption of the resolution adopting the Negative
Declaration, approving the general plan amendment, the cancellation
of the Land Conservation Contract and give first reading to the
ordinance.
Hearings opened at 5:34 p.m.
No one spoke.
Hearings closed at 5:35 p.m.
Motion by Vice-Mayor Couch to approve the staff
recommendations on Consent Calendar Hearing Items 6.a.
through 6.e.
7. WORKSHOP
APPROVED
a. Touch Screen Voting Machines.
Comments and demonstration presented by Ann Barnett,
Kern County Auditor-Controller-County Clerk.
8. CLOSED SESSION
a. Public Employee Performance Evaluation - City Manager;
Closed Session pursuant to Government Code Section
54957(b)(1 ).
Motion by Vice-Mayor Couch to recess to Closed Session at 5:50
p.m.
APPROVED
Motion by Vice-Mayor Couch to recess from Closed Session at
6:55 p.m.
APPROVED
Bakersfield, California February 25, 2004 - Page 9
RECONVENED MEETING - 7:00 p.m.
9. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent:
None.
10. INVOCATION by Pastor Larry Dotson, Panama Baptist Church
11. PLEDGE OF ALLEGIANCE by Xavier Harris 3"' Grade Student at
Bessie Owens School.
12. CLOSED SESSION ACTION
a.
Public Employee Performance Evaluation - City Manager;
Closed Session pursuant to Government Code Section
54957(b)(1).
13. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Gloria
Delgado, Project Assistant for Environmental Strategies on
Inhalant Abuse at Clinica Sierra Vista, proclaiming March,
2004, as "Inhalant Prevention Awareness Month"
Gloria Delgado made comments.
Mayor Hall recognized a Ridgeview High School government
class in attendance at the meeting.
14. PUBLIC STATEMENTS
a. Julius Rodgers spoke regarding voting equipment.
b. Terry Veach spoke regarding People's First of Kern County.
c. Stuart Gentry spoke regarding a City Memo on the subject of
retirement benefits and provided written material.
d. Millie Diffenbaugh and Mary Helen Barro spoke regarding
pool closures and presented petitions.
Councilmembers Benham made comments regarding pool
closures. City Manager Tandy and Finance Director Klimko
made additional comments and provided written material.
Councilmember Maggard made comments regarding use of
one-time monies.
ACTION TAKEN
NO
REPORTABLE
ACTION
Bakersfield, California February 25,2004 - Page 10
14.
PUBLIC STATEMENTS continued
Item 14.d. continued
Councilmember Couch made comments regarding restrictions
placed on use of monies.
Councllmember Sullivan requested public speakers addressing
the pool closure Issue be provided copies of the report
presented at the Community Services Committee regarding
repair, maintenance and operation costs of the pools.
Council member Salvaggio made comments regarding busing
pool users to pools remaining open.
Councilmember Carson made comments regarding pool
closures.
Councilmember Sullivan made comments regarding the spray
parks.
e. Scott Farley, Farley's Baker Street Florist, Heather
Stevenson, Yellow Rose Florist, Dawn Baumgarten, Log
Cabin Florist and Darrell Newton, Mt. Vernon Florist spoke
regarding illegal street vendors.
Councllmember Benham advised the speakers that the Item Is
In committee and requested staff Inform florists of the time and
place of the next meeting of the Legislation and Litigation
Committee.
15. CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of
meeting.
None.
16. HEARINGS
a. Continued Public Hearing to consider the appeal by Sierra
Club regarding Revised Tentative Tract Map 6169 (Engineer-
Porter Robertson/Subdivider-McMillan Albany, LLC).
1. Resolution denying the appeal from the Sierra Club,
adopting the addendum to the Negative Declaration,
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.
ACTION TAKEN
Bakersfield, California February 25, 2004 - Page 11
16.
HEARINGS continued
Item 16.a. continued
ACTION TAKEN
Correspondence was received from Harold Robertson, on
behalf of Porter Robertson Engineering, requesting the item
be continued to the March 10,2004 meeting.
Hearing opened at 8:19 p.m.
Gordon Nipp spoke on behalf of the Sierra Club in opposition
to the issue and presented written material.
Harold Robertson, Porter Robertson Engineering spoke in
favor of the staff recommendation.
Motion by Councllmember Hanson to continue the hearing to APPROVED
March 10, 2004.
17. MAYOR AND COUNCIL STATEMENTS
Councllmember Benham requested staff investigate criminal
activity In a parking structure on California Avenue and respond
to the citizen reporting the Issue.
Councllmember Maggard requested Public Works and Water
provide Information to S & S Builders regarding water
availability In Section 9 In the Northeast, keep him apprized of
the situation; explore using an Assessment District, or whatever
is necessary to provide the necessary Infrastructure.
Councilmember Maggard requested an update regarding provision of
pedestrian traffic safety measures on Mall View Rd. where a church
lies to the north. Public Works Director Rojas responded.
Councllmember Carson requested Chief Matlock provide a copy
of the police report on the incident where a child was struck on
Belle Terrace.
Councilmember Carson requested Information on how to
reestablish the P.A.C. In the Southeast.
Councllmember Carson requested Code Enforcement provided
tumbleweed abatement for a vacant lot on Humbuck Ln.
Councilmember provided information regarding the parade honoring
Black History Month; provided backround information; acknowledged
the Proclamation provided by the Mayor on behalf of the City, and
invited the community to join in the celebration.
Bakersfield, California February 25,2004 - Page 12
17. MAYOR AND COUNCIL STATEMENTS continued
Councilmember Hanson requested information regarding staff ACTION TAKEN
preparation of the three budget scenario. City Manager Tandy
responded.
Councllmember Hanson requested Information regarding
utilization of retired employees as consultantsand possible
problems with the Retirement System. Public Works Director
Rojas responded. City Manager Tandy stated more
comprehensive Information will be provided.
Councilmember Hanson requested information regarding an
Agreement with Pleasant Holidays; forgiving of debt provided hiring
of low to medium income quotas are met. City Manager Tandy
responded.
Councllmember Sullivan requested staff Investigate posting
rewards for Information leading to the arrest and conviction of
individuals who vandalize; eradicate graffiti In the Stonecreek
area and for Legislation and Litigation to address the Issue. In
addition Police Chief Matlock responded.
Councilmember Sullivan made comments regarding the P .A.L. Award
and Recognition Night; acknowledged the contribution the
organization makes to the community and recognized Angel
Rodriguez, PAL. Young Man ofthe Year, and Katonia Fisher, PAL.
Young Woman of the Year, the staff and volunteers.
Councilmember Sullivan made comments regarding the one year
deployment of thirty-two soldiers from Fort Irwin to Kuwait, including
her granddaughter.
Councllmember Maggard requested staff analyze information
provided by a citizen regarding a proposal to provide, at no cost
to the City, an Indoor soccer facility.
Councilmember Hanson provided information regarding the new
Dryer's Ice Cream facility and complimented Mayor Hall for his role
in drawing the company to the community.
Councilmember Salvaggio congratulated Police Chief Matlock on his
impending retirement.
Councllmember Salvaggio requested graffiti abatement for the
cement areas of the canals at So. "H" St. and Wilson Rd. on the
east side of So. "H" St.; additionally, north of Wilson Rd., west
side of So. "H" St., a painted red fence requires graffiti removal.
Bakersfield, California February 25,2004 - Page 13
17. MAYOR AND COUNCIL STATEMENTS continued
Councllmember Salvaggio revisited the Issue of a four-way-stop
and possible crosswalk at Fremont St. and Wilson Rd.
Councilmember Salvaggio congratulated Solid Waste on reaching the
53% mark for city-wide recycling exceeding the State mandated 50%.
Councilmember Salvaggio made comments regarding telemarketers.
Councllmember Sullivan requested the Community Services
Committee address Implementing a Mayoral appointment to the
Keep Bakersfield Beautiful Committee.
Vice-Mayor Couch thanked Chief Matlock for his service to the City.
Vice-Mayor Couch expressed appreciation to Chief Matlock and Chief
Fraze for their efforts in building the new policelfire substation
tentatively set to be dedicated March 15.
Vice-Mayor Couch provided information regarding the Planning and
Development Committee addressing several issues pertaining to
possible revision of the Metropolitan Bakersfield General Plan
Policies.
Vice-Mayor Couch requested a meeting with Finance Director
Klimko.
16. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:00 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California
ACTION TAKEN
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Presentations
ITEM: ¿, lL. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD '~,1jJ-
CITY ATTORNEY ks71...-
v
CITY MANAGER ~
February 26, 2004
SUBJECT: Presentation of National Awards from Keep America Beautiful to the City of Bakersfield for
its Keep Bakersfield Beautiful Program
RECOMMENDATION:
BACKGROUND:
Mr. John Enriquez, chair for Keep Bakersfield Beautiful Committee, will present to the Honorable Mayor
and City Council national awards received at the recent Keep America Beautiful Conference. The awards
are the following: President's Circle Recognition Award and Certificate of Appreciation for the Cigarette
Litter Prevention Program.
In addition, staff will recognize Mr. Enriquez for earning Keep America Beautiful's National Volunteer
Leadership of the Year Award.
sbc
February 26. 2004, 1 :23PM
G:IGROUPDA1\ADMINRP1\2004103-10IKAB Award Presentation.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2004
AGENDA SECTION: Consent Calendar
ITEM: 4.C1...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk rjf
February 27,2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER &VS
APPROVED
ólù5
SUBJECT: Approval of minutes of the February 25, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
S:\CounCiI\admins\2Q04\MAR 10 2ùG4.DOT
"
M_""_"__"'_ "____________
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: 1..\. b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
APPROVED
DEPARTMENTHEAD~
CITY ATTO¢~
CITY MANAGER
February 26, 2004
SUBJECT: Approval of department payments from February 13, 2004 to February 26, 2004 in the
amount of $5,574,300.52 and self insurance payments from February 13, 2004 to February
26, 2004 in the amount of $266,568.45
RECOMMENDATION:
Staff recommends approval of payments totaling $5,840,868.97
BACKGROUND:
klg
February 26. 2004. 1 :45PM
S:\KlmG\Forms & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEEl1NG DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: 1.\. c-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Alan Tandy, City Manager
February 25, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: An Ordinance Amending Section 8.44.030 of the Bakersfield Municipal Code Re
Fireworks
RECOMMENDATION:
Legislative and Litigation Committee recommends first reading of the Ordinance.
BACKGROUND:
At its meeting of February 23, 2004, the Legislative and Litigation Committee reviewed a citizen's
request to amend Bakersfield Municipal Code Section 8.44.030 to prohibit a single non-profit
organization from submitting more than one fireworks permit application. In the past, organization
subunits within a single non-profit organization had been allowed to submit fireworks applications which
provided a venue for increasing that organization's chances of winning a permit in the fireworks lottery
drawing.
After review, the Legislative and Litigation Committee felt that only one permit application should be
allowed to be submitted per individual non-profit organization. Additionally, the Committee felt that non-
refundable permit application fees should be charged to all organizations submitting an application--not
just drawing winners--as staff must process and verify all applications prior to the drawing.
Therefore, the Legislative and Litigation Committee recommends for Council approval the amendment
of Bakersfield Municipal Code 8.44.030 to allow only one fireworks permit application per non-profit
organization and to charge non-refundable permit application fees.
Submissions for fireworks permit applications must be made between March 1 and March 31. As the
proposed ordinance changes will not become effective during this year's application cycle, staff will
provide all applicants with information regarding proposed changes so they may prepare for future
years.
February 25,2004, 8:19AM
P:\L&L\Adm in Reports\ADM04-03-10-2·FireworksOrdinance.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent
ITEM: J. ,;
FROM:
DATE:
Development Services - Planning
DEPARTMENT HEÉ/
CITY ATTORNEY /
,
CITY MANAG6
TO: Honorable Mayor and City Council
February 24, 2004
SUBJECT: An ordinance amending the Bakersfield Municipal code Sections § 1.12.020, 1.12.040 and
1.12.060 by adding Annexation No. 443 to Ward 2 and Ward 4 and Annexation No. 445 to
Ward 6. (Wards 2, 4 and 6)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexation 443 into Ward 2 and Ward 4
and Annexation 445 into Ward 6. The annexations were recently complete.
Annexation No. 443 is located in two separate areas (1) west of Jewetta Avenue approximately
700 feet south of Birchhaven Drive and (2) at the southwest corner of Beale Avenue at Bernard
Street.
Annexation No. 445 is located between Ashe Road and Gosford Road, generally north of
McCutchen Road.
LAFCO conducted protest hearings for these two annexations and received no protests. The city
is completing the final paperwork to complete the annexations.
MO:pit
Adminlmar\3-10-443-445
ADMINISTRATIVE REPORT
MEETING DATE:
March 10, 2004
AGENDA SECTION: Consent
ITEM NO: 1-\, t..
TO: Honorable Mayor and City Council
DEPARTMENT HE
CITY ATTORNEY
CITY MANAGER ~
SUBJECT: First reading of an ordinance amending Title 17 of the Bakersfield Municipal Code
concerning official Zone Map No. 102-19 changing the zone district from a PCD (Planned Commercial
Development) zone to a revised PCD zone on 0.50 acres, and from a C-2 (Regional Commercial)
zone to a PCD zone on 1.8 acres to construct a 59,325 sq. ft. expansion to an existing mini storage
facility at 3201 Calloway Drive - ZC 03-1361. (Jim Marino representing Derrel's Mini Storage)
(Ward 4)
FROM:
DATE:
Development Services - Planning
February 23, 2004
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The proposed zone change will allow a proposed 59,325 sq. ft. expansion to an existing mini
storage facility that the City Council initially approved in 1997 and expanded in 2001. The
applicant proposes to develop a 0.50 acre portion of the existing recreational vehicle parking area
at the mini storage facility (part of the existing PCD zone) in combination with 1.8 acres of adjacent
C-2 zoned property to accommodate the proposed addition of eight (8) new self-storage
warehouse buildings.
The request is consistent with the site's general plan designation and the applicant's existing self-
service warehouse development adjacent to the north and west. The planned improvements are
all in the interior of the site. The applicant proposes 9-foot high buildings and where necessary, 9-
foot high walls between buildings along the expansion site's entire southern and eastern
boundaries for a consistent architectural appearance. The existing landscape, signage, and site
access along the Calloway Drive frontage will remain unchanged for the projected expansion.
Completion of the required site improvements were in accordance with all ordinance requirements
and conditions imposed on the initial development. Overall, the project complies with all previous
approvals by the Planning Commission and City Council. The attached Planning Commission's
report provides a detailed description of the project. The Planning Commission recommended that
the City Council approve the request with a unanimous vote.
F8bruary23. 2004, 3:19PM
S:\BZA_SPNorm~'J-zcIl)3-JJóMJmilliS"atj~'t' RI'fJ(Iff· / SI ftud¡"K.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent
ITEM: L1. f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
ROVED
February 25, 2004
CITY MANAGER
SUBJECT: An ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-29 from A (Agriculture) to R-1 (One Family Dwelling) on
77.80 acres located along the south side of Panama Lane and the east side of Old River
Road (Kern County Jurisdiction, Annexation Requested) (ZC 03-1192).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
This City Council held the first reading of the ordinance on February 25, 2004. This zone change
would permit the development of single family residences.
The Planning Commission conducted public hearings on this 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.
All required public notices have been given. Based upon an initial environmental assessment,
staff has determined the proposed project will not significantly affect the physical environment or
existing residential development in the area. A Negative Declaration was prepared and posted on
November 18, 2003 in accordance with CEQA.
RED
admin\mar\3-10-1192
ADMINISTRATIVE REPORT
MEETING DATE: February 25, 2004
AGENDA SECTION: Consent
ITEM: t..j. t;\.
J
FROM:
DATE:
Development Services - Planning
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
February 25, 2004
SUBJECT: An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map NO.1 01-25 located generally along the west side of Jewetta
Avenue, approximately 700 feet south of Birchhaven Avenue. The City of Bakersfield
representing the property owner (Jessie Mendoza) initiated the zone change (Z C 03-
1155) (Ward4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council held the first reading of the Ordinance on February 25, 2004.
This amendment would permit the development of single family residential units on the 4.77 acre
site. The owner wishes to receive city services and has agreed to annexation. The Planning
Commission conducted public hearing(s) on this Zone Change and recommended City Council
approval on December 18, 2003. No one was in opposition to the request and the property owner
agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on October
30, 2003, in accordance with CEQA.
MO
Adminlmar 13-1 0-1155
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2004
AGENDA SECTION: Consent
ITEM: L\. h.
TO: Honorable Mayor and City Council
FROM:
Development Services - Planning
DEPARTMENT HEA
CITY ATTORNE~
CITY MANAGER
DATE:
February 24, 2004
SUBJECT: Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No.1 01-11 from A (Agriculture) to R-1 (One Family Dwelling) zone on 80
acres located generally west of Allen Road, south of Kratzmeyer Road to Reina Road. The
applicant is Jim Marino (Marino & Associates) representing King-Gardiner Farms (ZC 03-
1228). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council held the first reading of the ordinance on February 25, 2004.
This amendment would permit the development of single family residential units. The Planning
Commission conducted public hearing(s) on this Zone Change and recommended City Council
approval on December 18, 2003. No one was in opposition to the request and the applicant
agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on
November 14, 2003, in accordance with CEQA.
MO
Admin\mar\3·10-1228
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2004
AGENDA SECTION Consent Calendar
ITEM: 4.i...
TO:
Honorable Mayor and City Council
DATE:
February 20, 2004
APPROVED
DEPARTMENT HEAD ¡II-
CITY ATTORNEY k-~¡
'-----" ----
CITY MANAGER (\Ù,J7
FROM:
Raul M. Rojas, Public Works Director
SUBJECT: Resolution dedicating a City storm drain easement on City of Bakersfield park site property
located easterly of Jewetta Avenue and northerly of the Cross Valley Canal. (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution
BACKGROUND: The City park site property located on the east side of Jewetta Avevue and north side of
the Cross Valley Canal also serves as a City ground water recharge area. The City Public Works and
Water Resources Departments have agreed that some of the adjacent street storm drain water can be
collected in the recharge area. This City Storm Drain Easement allows storm water to be piped to a water
recharge basin located on the City property.
February 20.2004, 3:12PM
G:\GROUPOAT\ADMINRPT\2004\03-10\Res. Hageman parksite stormdrain.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: 4. ;.
v
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENTHEAD~~~
CITY ATTORNE:"~
CITY MANAGER t\1.ï7
Raul M. Rojas, Public Works Director
February 23, 2004
SUBJECT: Resolution orderin~ the summary abandonment of the reserved public utility easement
rights in vacated l' ,2nd, 3"' and "R" Streets west of Tract NO.1396. (Ward 1)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The Corporation for Better Housing requested abandonment of the unused public utility
easements adjacent to their apartment complex project at 710 Brundage Lane. The portions of the unused
easements in vacated 1" Street and "R" Streets encroach onto the apartment site property but do not
affect the building locations.
Public Works notes that the Public Utility Easements reserved in vacated 1", 2nd, 3"' and "R" Streets lying
between 4'h Street and Brundage Lane, from "P" Street easterly to Tract No.1396, have never been used
for easement purposes. These road easements were never improved and the Resolution ordering the
closing was adopted by Council in 1945.
The City, Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified and no objections have been received from the Departments as of the date of this
report.
The utility companies serving the area have been notified by mail and all companies notified have
indicated they have no objection to abandonment of the unused easements.
Public Works recommends that the subject Public Utility Easements be summarily abandoned pursuant to
Streets and Highways Code 8333(a) whereby a public service easement may be summarily abandoned if
it has not been used for the purpose for which it was aquired for five consecutive years immediately
preceding the proposed abandonment..
The City Planning Commission at its meeting of February 19, 2004 heard the proposal and found the
proposed abandonment to be consistent with the Metropolitan Bakersfield 2010 General Plan.
RYoung
February 23, 2004, 6:05PM
G:IGROUPDAT\ADMINRPT\2004103-10IAdminrpt Aband Res PUEs.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: ì.j. /(.
TO:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 24, 2004
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY J hJ~)
CITY MANAGER I'ík)~
FROM:
DATE:
SUBJECT: Resolution ordering the summary vacation of a portion of the East Niles Street frontage /
service road between Fairfax Road and Morning Drive. (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Niles Street Southern Baptist Church is the applicant for vacation of the unimproved 45
foot wide frontage road easement in front of their church at 7224 East Niles Street. The frontage road
easement was granted to the County in July of 1956 and has never been paved or improved. The church
and the easement are within an area that was annexed by the City in July of 1980 while the main Niles
street right of way remains in the County.
The church lists probiems in the dirt frontage road such as big truck rigs parking in the area, cars making
an illegal short-cut to the alley or Valencia Drive to the west, and maintenance of the area which has
become a church expense.
The City, Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified and no objections have been received from the Departments as of the date of this
report.
The utility companies serving the area have been notified by mail and Pacific Gas & Electric Company,
SBC (Pacific Bell) and East Niles Community Services District all have indicated they existing facilities in
the proposed vacating area. The utility companies note that they will not object to vacation if an adequate
utility easement is reserved for their facilities.
Public Works recommends that the subject Public Utility Easements be summarily abandoned pursuant to
Streets and Highways Code 8334(a) whereby a public street easement may be summarily vacated if it has
been determined to be excess right of way of a street or highway not required for street or highway
purposes.
The City Planning Commission at its meeting of February 5. 2004 heard the proposal and found the
proposed street vacation to be consistent with the Metropolitan Bakersfield 2010 General Plan.
February 24. 2004, 2:11 PM
G:IGROUPDAMDMINRPn2004103-10IAdminrpt Vac E Niles Front.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2004
AGENDA SECTION: Consent Calendar
ITEM: 4.\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
AP-PROVED
DEPARTMENT HEAD If;;
CITY ATTORNEY ,iJ)nJ.
CITY MANAGER fÍlA.J7
February 19, 2004
SUBJECT: Resolution of Intention No. 1328 to add territory, Area 1-45 (Jewetta, Brimhall NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No.
6220 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of
median and street landscaping. Area 1-45 is generally bounded by a line 1000' north of Brimhall
Road on the north, a line 1/4 mile east of Jewetta Avenue on the east, a line 660' north of
Brimhall Road on the south and Jewetta Avenue on the west. This area will be under the
streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been
installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owners 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.
February 19, 2004, 5:00PM
S:IPROJECTSIMAIN DISTlAOMI NRPTlMD1-45roi04.dot
de
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: '1, f(\.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGERðr5
SUBJECT: Resolution adding territory, Area 3-25 (Stine, McKee NE) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kem County Tax Collector. (Ward 6)
DATE:
February 18, 2004
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 25, 2004 the Council adopted Resolution of Intention No. 1325 to add
territory, Area 3-25 (Stine, McKee NE), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a park and street landscaping for Tract No. 6178 and Tract No. 6227. Area 3-25 is
generally bounded by a line 1318 feet north of McKee Road on the north, a line 1982 feet east of Stine
Road on the east, McKee Road on the south and Stine Road on the west. This area will be under the
park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and
street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received two letters 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 two Proposition 218 ballots indicating his consent to the assessments.
I n 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
February 18, 2004, 4:06PM
S:\PROJECTS\MAI NDIST\ADMINRPlìMD3-25Est04.do'
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: L. .n.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER 6liJ'5
SUBJECT: Assessment District No. 03-3, (Seven Oaks West III/Brighton Place '1/Fairways Oaks
South).
1. Resolution Preliminarily Approving Engineer's Report, setting date for public hearing of protests.
2. Resolution Approving Acquisition and Disclosure Agreements and Authorizing Changes Thereto
and Execution Thereof. (Ward 4 & 5)
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Raul M. Rojas, Public Works Director
February 23, 2004
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On December 10, 2003, Council adopted the Resolution Approving the Boundary
Map, Resolution of Intention 1320 and the Resolution Accepting Petition and Determing to Undertake
Special Assessment Proceedings.
The proposed district has three distinct subareas that will be constructed by the Developers (Castle &
Cooke California, Inc and Fairway South Oak, LP).
1. Seven Oaks West III: This subarea is located south of Ming Avenue, west of Buena Vista
Road, east of Allen Road, north of White Lane and is planned for new residential and
commerciai development. It is proposed that the improvements for this subarea will be
constructed by the developer (Castle & Cooke California, Inc.), with acquisition of the
improvements upon completion. The improvements include construction of curb, gutter,
sidewalk, median deposit, street lights, storm drains, traffic signal, water lines, monuments
and block wall improvements for Tracts 6086,6087,6130,6131,6150 and 6151.
2. Briqhton Place II: This subarea is located south of the Kern River Freeway, northwest of
Jewetta Avenue, northeast of the Rio Bravo Canal and is planned for Residential
development. It is proposed that the improvements for this subarea will be completed by
the developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon
completion. The improvements include construction of off-site public improvements for
Tract 6185.
3. Fairwavs Oaks South: This subarea is located south of Pacheco Road, west of Old River
Road, east of Mountain Vista Drive, north of Panama Lane and is proposed for new
residential development. It is proposed that the improvements for this subarea will be
February 23, 2004. 2:55PM
G:\GROUPDA TìADMI NRPT\2004\03-1 0IAD03-3prelengrpt.dot
ADMINISTRATIVE REPORT
constructed by the developer (Fairway Oaks South, LP), with acquisition of the
improvements upon completion. The improvements include construction of on-site and off-
site improvements for Tract 6079 Unit One and including curbs, gutters, sidewalk, grading,
paving, street lights, water and block walls.
The Resolution preliminarily approving the Engineer's Report also sets the date for the public hearing
to hear protests on April 28, 2004.
The Resolution Approving the Acquisition and Disclosure Agreement references an agreement
between the City and the property owners for improvements within the boundaries of the Assessment
District No 03-3.
Once the Resolution is adopted, the next step is to mail notices and have the Assessment Engineer
prepare and file with the City Clerk a Final Engineer's Report. The Final Engineer's Report will be
ready for Council's adoption on the April 28, 2004 meeting just after the close of the protest hearing.
The Preliminary Engineer's Report is on file at the City Clerk's Office.
jas
February 23, 2004. 2:55PM
G:\GROUPDA TlADMINRPT12004\03-1 0IAD03-3prelengrpt.dol
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent
ITEM: 4 o.
TO: Honorable Mayor and City Council
FROM:
DATE:
Development Services - Planning
DEPARTMENT HE D
CITY ATTORNE
CITY MANAGER----d1J,
March 2, 2004
SUBJECT: Resolutions of Application proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield property identified as Annexation No. 459 located on the south side
of Brite Street, generally south of State Highway 58, between Hughes Lane and South H
Street and Annexation No. 460 located in at the southeast corner of McKee Road and Stine
Road. (Wards 1 & 6)
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 459 and Annexation No. 460, to the City of Bakersfield. The
proposed annexation consists of 0.2 acre of uninhabited land located on the south side of Brite
Street, generally south of State Highway 58, between Hughes Lane and South H Street and
approximately 15 acres of uninhabited land at the southeast corner of McKee Road and Stine
Road.
The property owners of each of the annexation territories have consented to annexation. The
owners want to receive city services.
MO
p:admin\mar\3·10-459&460
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2004
Consent Calendar
TO:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
12
¡/?
ó7øs
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
March 2, 2004
CITY ATTORNEY
SUBJECT: Digital Aerial Imagery:
1. Resolution that certain Digital Aerial Imagery compatible with PhotoMapper® software
cannot be reasonably obtained through usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $81,000.
2. Agreement with ImageAmerica Digital Orthoimagery ($80,401) to update images of
Metropolitan Bakersfield which are compatible with PhotoMapper® software.
3. Appropriate $11,000 Gas Tax Fund Balance to the Public Works Department's
Operating Budget.
RECOMMENDATION: Staff recommends adoption of the Resolution, approval of Agreement, and
Appropriation.
BACKGROUND: During past years, the City of Bakersfield has purchased color aerial photos within the
City of Bakersfield's 2010 General Plan. These aerial photos are updated every two years to maintain a
history of City growth patterns. Four years ago, the City of Bakersfield began purchasing photos in an
electronic format as well. Electronic images have become an invaluable tool citywide.
Aerial Imagery is accessed daily by Subdivisions, Wastewater, Traffic, Planning, Code Enforcement, Solid
Waste, General Services, Engineering, Crime Analyst, Crime Prevention, Fire Department, Graffiti and
GIS in the course of their duties.
Aerial Imagery is used by the City for presentations to the City Council and Planning Commission. Other
uses include public meetings, preliminary studies, staff meetings with developers, property owners, State
and County agencies, accident investigations, traffic roadway striping, intersection control, field conditions
from citizen inquiries, and planning future projects, crime analysis, and preparing Disaster Emergency
Plans for schools.
Due to the tremendous growth in the metropolitan area of the City, acquiring aerial imagery at a more
frequent interval would provide us an opportunity to capture this growth. Black and white imagery affords
us that opportunity that color imagery does not.
G:\GROUPDA T\ADMI NRPT\2004\03-1 0\2004-aerials.doc
3/2/2004 8:44 AM
ADMINISTRATIVE REPORT
Page 2
The City now desires to have the electronic aerial images updated in black and white twice this calendar
year. The update will require the use of ImageAmerica, Corp as the source for updates.
Since this project benefits many divisions within the City, various funding sources will be used. These
sources include: Park Improvement Fund; Transportation Development Fund; Sewer Enterprise Fund;
Refuse Fund; Domestic Water Fund; Development Services Fund; and Gas Tax Fund. This project does
not include any General Fund dollars. An additional appropriation of $11,000 is needed to fully fund this
agreement.
G:\GROUPDA T\ADMINRPT\2004\03-1 0\2004-aerials.doc
3/2/20048:44 AM
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: t.j.ú-.
V
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~--fí}¡ tf.-.;
CITY ATTORNEY -AtJ-...-
CITY MANA~ <Í7ir'S
Raul M. Rojas, Public Works Director
DATE:
February 25, 2004
SUBJECT: Resolution of Intention No. 1329 to order the vacation of Brite Street on the east side of
Oleander Avenue. (Ward 1)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: An approximately 173 foot long (dead-end) portion of Brite Street was created on the
east side of Oleander Avenue by the State Route 58 right of way. Doctor Patrick Paw, M.D. owns the
adjacent lot (309 Houchin Road) on the south side of the subject dead-end street. Dr. Paw has submitted
an application to the City requesting the vacation of this portion of Brite Street for several stated reasons.
Dr. Paw notes that his lot is the only one served by the stubbed street and he does not use it for access to
his property. He states that there is no practical use for it as a public street.
Dr. Paw states that the short street is a location where various illicit and suspicioious activities take place.
Several stripped and abandoned cars have been found in the area, parked cars conducting suspicious
business at night and also the area has become a dumping ground for garbage and discarded items. Dr.
Paw states that he and his neighbors have complained to various law enforcement agencies and the
agencies agreed that the dead-end street serves no usefui purpose and is a potential location for criminal
activities.
The City Fire, Police, Public Works, Water Resources, Development Services, and Economic
Development Departments have been notified and none have objected to the proposed vacation. Public
Works notes that there is a public sewer main located in the vacating area for which an easement must be
reserved ..
The utility companies serving the area have been notified by mail and the utility companies have indicated
they have facilities in the vacating area that will need to be protected by reservation of an easement.
Public Works notes that a public utility easement must be reserved over the entire vacating area to serve
this purpose.
The State of California Department of Transportation has been notified and they have informed the City of
their freeway maintenance access gate at the east end of the vacating area. Caltrans notes that they have
no objection to the proposed vacation if easement rights are reserved for access to their gate.
All property owners within a radius of 300 feet of the vacating area have been mailed a preliminary notice
of the proposed closing and none have indicated any objections as of the date of this report.
February 25.2004. 4:38PM
G:IGROUPDA nADMINRPT\2004103-1 OIROI 1329 AdminDOC
ADMINISTRATIVE REPORT
The proposed vacation was heard by the Planning Commission at its meeting of February 19, 2003, and
was found to be consistent with the Metropolitan Bakersfield 2010 General Plan.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant toSection 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that
the action may have a significant effect on the environment.
This Resolution sets the date of April 14, 2003, for public hearing on the proposed vacation.
February 25. 2004, 4:39PM
G:\GROUPDA T\ADMINRPT\2004\03-1 OIROI 1329 Admin.DOC
2
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2004
AGENDA SECTION: Consent Calendar
ITEM: 'i.r
TO: Honorable Mayor and City Council
DATE:
February 26, 2004
CITY ATTORN
CITY MANAGER &AJS
FROM:
Gregory J. Klimko, Finance Director
DEPARTMENT HEAD
?/
SUBJECT: Agreement with Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter,
Accountancy Corporation ($45,000) for a full scope annual audit of the 2003-04 fiscal year.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In March 2000, inquiries were sent to approximately 80 local CPA firms, with 5 firms expressing an interest
in the City Audit. Requests for Proposals were sent to the interested audit firms. Two firms submitted
proposals which were reviewed by the Finance department. Both proposals were sent to the Budget and
Finance Committee with a recommendation to interview each firm. The Budget and Finance Committee
interviewed both firms and the City Council subsequently accepted the proposal from Brown, Armstrong,
Paulden, McCown, Hill, Starbuck & Keeter to perform a full scope audit of the June 30, 2000 Annual
Financial Reports for the City and related corporations not to exceed the price of $39,500. The audit firm
of Brown, Armstrong, Paulden, McCown, Hill, Starbuck & Keeter has performed the City audit for the last
thirteen fiscal years.
The Request for Proposal issued in March 2000 contemplated a five year commitment with the selected
firm, with the 1999-00 fiscal year being year 1 of 5. In March 2001 the Council approved an agreement
for the 2000-01 fiscal year audit (year 2 of 5) for $42,500. In March 2002 the Council approved an
agreement for the 2001-02 fiscal year audit (year 3 of 5) for $45,000. In March 2003 the Council approved
an agreement for the 2002-03 fiscal year audit (year 4 of 5) for $45,000. The proposal being considered
for the 2003-04 fiscal year audit (year 5 of 5) is also $45,000. This audit firm is proposing no increase in
their fee for the second year in a row.
February 26.2004. 10:07AM
S:lJ<imGIForms & LableslAdmin-Brov.nArmstrongAgrmnt03-04.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: t.(.S
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~L-
CITY ATTORNE~
CITY MANAGER 6/A?,
Raul M. Rojas, Public Works Director
February 19, 2004
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreement with McMillin Tuscany, LLC, for Tract 6000
Phase 2 located east of Alfred Harrell Highway and north of State Route 178. (Ward 3)
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
February 19. 2004, 9:10AM
G:\GROUPDATiADMINRPT\2004\03-10\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: Ii.-t,
TO:
FROM:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
DATE:
February 24, 2004
APPROVED
DEPARTMENT HEAD ~
CITY ATTORN~A:::JL-.-
CITY MANAGER ~
SUBJECT: Agreement with the Law Offices of Hanna, Brophy, MacLean, and McAleer & Jensen for
Workers' Compensation Legal Services in the amount not to exceed $180,000 to be paid from
the Self-Insurance Fund.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In March of 2003 the City Council approved an agreement with the Law Offices of Hanna, Brophy,
MacLean, McAleer & Jensen (Hanna & Brophy) to provide legal services for the City's workers'
compensation claims litigation. As Hanna & Brophy specializes in the defense of workers' compensation
claims they are able to provide a high level of expertise that is very beneficial to the City.
During the past year Hanna & Brophy has been successful in handling and concluding litigated
workers' compensation claims, which has resulted in cost and efficiency savings to the City
Hanna & Brophy's rates of $135 per hour are the same as last year's rate and are very reasonable
relative to customary attorney's hourly rates.
The proposed contract is in an amount not to exceed $180,000 and covers a one-year period to
handle all of the City's workers' compensation litigation. This contract amount has been increased from
$100,000 to match the anticipated legal costs and is based on actual expenditures from the prior period.
March 1, 2004, 9:44AM
S:\PA T\a.dminhannabrophy .doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10.2004
AGENDA SECTION: Consent Calendar
ITEM: 11. \,t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY ~
v
CITY MANAGER (Í/i?;?
February, 25, 2004
SUBJECT: Ditch Eradication and Pipeline Easement Agreement with DALE G. SCALES and JAN R.
SCALES husband and wife as joint tenants of Tentative Tract 6175 at the southeast corner of Snow Road
and Coffee Road. (Unincorporated)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
In 1977, the City of Bakersfield purchased water rights from Tenneco West, Inc. In that transaction
the City also acquired various canals, easements and right of ways associated with the distribution and
delivery of irrigation water. Subsequently, as farm land is replaced by urban development, certain open
canals and ditches are converted to underground pipelines. When this occurs, the property owner(s) or
developer(s) request the City formally abandon the open canal easement so the developer may convert it
to pipeline at their sole cost. In northwest Bakersfield, near Coffee Road and Snow Road, the property
owners have requested to convert to pipeline portions of what is known as the Beardsley "Four Ditch".
The underground relocation of the ditch will reduce City maintenance costs and remove liability to
the City due to the open ditch. The property owners are: DALE G. SCALES and JAN R. SCALES
husband and wife as joint tenants of said property, Tentative Tract 6175. The Water Resources
Department has reviewed their request and has determined the canal relocation will not disrupt required
water service to downstream customers. The Water Board has reviewed and recommended City Council
approval of the Ditch Eradication and Pipeline Easement Agreement at its regular meeting of February 18,
2004.
February 26, 2004, 9:16AM
S:\2004 ADMIN REPORTS\Ditch Erradication & Underground Pipeline easementSCALES.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: L , ~ .
TO:
Honorable Mayor and City Council
Alan Tandy, City Manager
APPROVED
FROM:
DATE:
February 25, 2004
CITY ATTORNEY
CITY MANAGER
illt4
6lüs
DEPARTMENT HEAD
SUBJECT:
Amendment No. 1 to Agreement #03-382 with County of Kem for Animal Care Services
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
For the past several months, the City of Bakersfield and the County of Kern staff members have been
meeting to come to agreement on a longer tem1 mutually-beneficial contract relating to the combining of
various aspects of City and County animal control and care services. Those meetings are continuing, and
the City and County have entered in to three three-month, short-tem1 agreements for the provision of animal
care services, the third of which expires March 31, 2004. This agreement is the fourth of those short-tem1
agreements and would extend the agreement through June 30, 2004.
In the continuing agreement, the County will designate the area of the County Shelter known as Kennel D to
house City animals at a cost of $2,000 a month. The County will provide space within the County Animal
Shelter facility to accommodate 24 cage units for City impounded cats, and space will be provided in the
Shelter office to accommodate a City staff member to provide public assistance and prepare owner
notifications. County vehicles with standard equipment will be provided for use by City if they are available
and if the City needs them, at the rate charged by County fleet operations. City will reimburse the County at
the rate of $7.00 per animal for City animals not deemed adoptable. County shall maintain the computerized
system in order to keep accurate, full and complete records of all animals impounded by or for the City. On
a non-exclusive basis, County shall supply, sell and maintain licenses and records for the City. County will
retain all fees collected by County as a result of impoundment of City animals and shall retain all license
fees collected by County during the tem1 of the agreement. City will continue to provide staff for licensing at
three low-cost rabies clinics. The City will continue to provide animal control functions as well as contract for
the individuals needed to care for City animals at the County Shelter.
The County continues to be very helpful in assisting the City in meeting its short-term animal control and
care needs. Progressive steps have been made in detem1ining the various functions of and costs related to
animal care and control. The fourth short-term agreement will assist in these efforts as well as in further
identifying issues related to longer-term City and County joint animal control ventures. This agreement is
brought forward as a Council agreement rather than a departmental agreement to keep Council abreast of
the continuing discussions on City-County animal care and control.
March 2, 2004, 4:53PM
P:IACSIADM04-Q3-10-AnimaIControIAgmt.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION Consent Calendar
ITEM: ~.w.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 27, 2004
APEVED
DEPARTMENT HEAD ¡µ
CITY ATTORNEY~;::
CITY MANAGER
DATE:
SUBJECT: Amendment No.1 to Consultant Agreement No. 01-168 with RJM Design Group, Inc. to
increase compensation to the Consultant by $80,660.00 (for a total contract amount of
$461,230.00) for Landscape Architectural, Architectural and Engineering Service for Thirty
Acre Park on Stockdale Highway at Buena Vista Road. (Ward 4)
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND The City and RJM Design Group, Inc. entered into agreement on July 18, 2001 for
preparation of plans, specifications and estimates for the Thirty Acre Park on Stockdale Highway at Buena
Vista Road. Through the development and design of the park, the Consultant's original scope of work was
modified. These modifications are as follows:
1. Providing construction documents for the Tot Lot. The City received a Grant for the construction of the
Tot Lot. Originally, this was planned as a future phase of the park;
2. Incorporate an additional two acres of land that the City purchased from Castle & Cook into the design;
3. The scale and complexity of the Amphitheater was increased from its original concept;
4. The Consultant was required to attend several additional meetings to finalize the design concepts of
the Thirty Acre Park.
Sufficient funds are available to cover this amendment.
March 1, 2004, 1 :52PM
G:\GROUPDA l\ADMINRP1ì2004\03- 1 0lAdminRpCamend1 _ 01 - 1 68.doc
ADMINISTRATIVE REPORT
MEETING DATE March 10, 2004
AGENDA SECTION:
ITEM: L. . 'f,.
Consent Calendar
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY 8<-
'---../
CITY MANAGER <J1V5
SUBJECT: Canal Liner Repairs in Carrier Canal between Golden State Hwy. and Oak St. (Ward 2)
FROM:
Florn Core, Water Resources Manager
DATE:
February 26, 2004
1. Amendment NO.2 to annual contract Agreement No. 03-028 with Jim Alfter, Cement
Contractor ($100,000.00, for a total contract amount of $366,000.00) for additional
canal liner repairs.
RECOMMENDATION: Staff recommends approval of amendment to annual contract agreement.
BACKGROUND: As a result of the culvert failure at 19'h and Oak and dry-up of the Carrier Canal on
October 30, 2003, the Water Resources Department completed an extensive review of our canal systems
through urban Bakersfield. The results of the investigation revealed that the overall condition of our canal
facilities is satisfactory, however, one stretch of the concrete liner in the Carrier Canal located between
Oak St. and Golden State Hwy. was in need of repairs in the immediate future. In order to remedy the
situation, staff estimated that approximately 220 concrete canal panels would need to be replaced within 2
years. However, not knowing the future weather or water conditions, staff determined it would be prudent
to take advantage of the current extended dry-up period on the canal and repair and replace the damaged
panels this fiscal year. On December 10, 2003 Council approved Amendment No 1 for $ 200,000.00 to the
agreement to allow staff to immediately proceed with the needed repairs along the canal. The work has
been completed and the cost of the repairs exceeded the annual contract by approximately $ 64,000.00.
,
This amendment adds $100,000.00 to the current annual contract, increasing the total contract amount to
$366,000.00 for additional canal liner repairs. Our normal maintenance and replacement of canal liners
consists of about 40 panels annually due to settlement, dislocation and/or cracking. It is anticipated that
the funding amount requested for canal liner repairs in future years will likely be reduced. The City and
Kern Delta Water District share ownership of these Carrier Canal facilities. City staff has met with Kern
Delta Water District and they have agreed to reimburse the City for its appropriate share of this
maintenance and canal liner repair costs.
M.R. - Water
February 25. 2004, 4:57PM
S:\2004 ADMIN REPORTSIMAR10Amendment1to03-028Alfter.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2004
AGENDA SECTION: Consent Calendar
ITEM: /.{.l,j.
J
TO: Honorable Mayor and City Council
FROM:
Gregory J. Klimko, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER õ1J5
SUBJECT: Accept bid from Insight Public Sector $42,114.75 for seven (7) Panasonic computers with
vehicle mounts funded by a Code Enforcement Grant.
DATE:
February 24, 2004
RECOMMENDATION: Staff recommends approval.
BACKGROUND: On November 19, 2002, Council appropriated funds provided by the Code Enforcement
Grant Program. Invitations to bid were sent to seven (7) vendors. One (1) bid was received, as follows:
Insight Public Sector
6820 South Harl Avenue
Tempe, AZ 85283
in the amount of
$42,114.75
Purchasing Division
DW:ljm
P:IADMIN\2004 ADMI NIC04_031 O_A_Panasonic Computers.doc
March 2, 2004, 3:18PM
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: 4. L
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEA0--P5 £..Ç-5l:
~
#7-
Reject all bids for one additional Mid Size SUV for Code Enforcement (grant funded).
CITY ATTORNEY
Gregory J. Klimko, Finance Director
March 4, 2004
CITY MANAGER
SUBJECT:
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Staff will review department needs and request bids for less expensive equipment.
March 4, 2004, 12:01PM
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: Y. ~
TO:
Honorable Mayor and City Council
ê;~VED
DEPARTMENT HEAD
CITY ATTORNEY A:r-)'--"
"--' '-"
CITY MANAGER 67.ðS
FROM:
Donna L. Kunz, Economic Development Director
DATE:
March 3, 2004
SUBJECT: Community Development Block Grant (CDBG) Action Plan Amendment No. 14 (FY 98/99),
Amendment No. 10 (FY 00/01), Amendment No.9 (FY 01/02), Amendment No. 10 (FY
02/03, and Amendment NO.4 (FY 03/04). (Wards 1, 2, 3)
1) Appropriate $300,000 prior and current year HOME program income to the Economic
and Community Development, Capital Improvement budget for Acquisition and Demolition
activities associated with the Baker Street Mixed Use Project.
2) Transfer $80,000 from the Community Development Block Grant fund, Operating budget
to the Capital Improvement Budget for various streetscape improvement projects.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In compliance with HUD regulations, any significant change or addition to the approved CDBG program or
project must undergo an amendment process which includes obtaining citizen views and comment on the
proposed change. The proposed amendment affects CDBG program funds. This amendment will allocate
$35,000 of CDBG program income funds from FY 03/04 for the design and construction of a wet play area
for Wayside Park.
Below is a summary of the proposed changes included in these amendments:
Reduce:
Jefferson Park Pool Rehabilitation
Project
FY 98/99
FY 00101
FY 01/02
FY 02/03
Total
($100,378)
($37,321)
($116,512)
($45,789)
($300,000)
Add Wayside Park - Wet Play Area
Project
Total $300,000
S:\Admins\City Council\acüon plan amendment 03-10-04.doc
3/3/2004 3:40 PM
ADMINISTRATIVE REPORT
Page 2
Cancellation Metropolitan Recreation Center
Playground Construction Project
($80,000)
Chester Avenue (north)
Add Streetscape Improvement
Project
Baker Street
Improvements
$30,000
Streetscape
Appropriate:
Total ($80,000)
Excess HOME Investment
Partnership Program Income
Add
$50,000
Total $80,000
New Construction - Baker Street
Housing Component of the Old
Town Kern Mix-Use Project
Total $300,000
Total $300,000
A public notice was published February 8, 2004 to begin the 30-day public comment period for this
amendment. To date no comments have been received.
S:\Admins\City Counci \action plan amendment 03· 1 O·04.doc
3/3/20043:40 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: ¡,¡. bb.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
February 24, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: 2004 Legislative Platform
RECOMMENDATION:
Legislative and Litigation Committee recommends approval.
BACKGROUND:
Current legislative concerns are captured in the City's Legislative Platform which identifies the City's
legislative priorities for the year. This allows the City to focus its limited resources on areas of greatest
concern. It also provides a basis for quick response by City legislative advocates and departments to
legislative issues that arise.
Each year the Legislative Platform is reviewed to see if it reflects current needs. The Legislative and
Litigation Committee met on February 23, 2004 to review the 2003 Platform for possible changes
needed. A change to the Platform identified modifying the fourth paragraph of the General Government
section to add "transportation funds" to the itemized list of revenue sources. The revised paragraph
reads:
Support legislation or a constitutional amendment that returns local government revenues
previously captured by the State and limits the State's authority to access revenues which
traditionally fund City services including but not limited to property tax, vehicle license fees,
sales tax, and transportation funds.
In addition, the Committee recommended support for the League's proposed constitutional amendment
to protect local revenues from State capture (known as the Local Taxpayers and Public Safety
Protection Act). This initiative effort is expected to be on the November 2004 ballot. The additional
paragraph under General Government reads:
Support a constitutional amendment that protects local revenues from State capture except
through two-thirds vote of the Legislature and voter approval.
With the proposed changes, the Committee feels the Platform adequately reflects the City's current
legislative priorities.
February 24, 2004, 1 :20PM
P:\L&LIPlatlonn04\ADM04-03-10-'-LeglslatlvePlatlonn.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: L.{. CL.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 19, 2004
APPROVED
DEPARTMENT HEAD (fL
J
CITY ATTORNEY~ ß<i-'/''''-
'-'
CITY MANAGER 6}..~
SUBJECT: Appropriate $43,000 Transportation Development Fund Balance to the Capital
Improvement Project Budget for the Calloway Drive Street Widening Project. (Ward 4)
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: On June 30, 1999, the City of Bakersfield entered into an agreement with the County of
Kern for work on Calloway Drive, north of Brimhall Road. Under the agreement, the County was to
construct a portion of Calloway Drive which was within city limits in conjunction with its Calloway Drive Rail
Road Underpass project.
The City of Bakersfield just received the invoice for the work under the above agreement which totals
$263,807.32. Currently, there are not enough funds in the project to pay for the invoice; therefore, an
appropriation in the amount of $43,000 is necessary to pay for this invoice.
All costs were evaluated by City staff and appear to be in order. Therefore, staff recommends approval of
the appropriation.
GUdns
February 19, 2004, 4:27PM
G:\GROUPDAl\ADMINRP1ì2004\03·'OlAppropriate Calloway $.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 10, 2004
AGENDA SECTION: Hearings
ITEM: 6.~.
TO:
FROM:
Honorable Mayor and City Council
Development Services· Planning
March 1, 2004
DEPARTMENT HE
DATE:
CITY ATTORNE
CITY MANAGER ((h;S
SUBJECT: Resolution denying the appeal from the Sierra Club, adopting the Addendum to the
Negative Declaration, upholding the decision of the Planning Commission, approving
Revised Vesting Tentative Tract Map 6169 generally located north of Panama Lane, south
of Harris Road (extended), east of Old River Road (Engineer - Porter-Robertson /
Subdivider - McMillan Albany, L.L.C.) (Ward 3).
RECOMMENDATION:
Staff recommends adopting the resolution denying the appeal, adopting the Addendum to the
Negative Declaration, upholding the decision of the Planning Commission and approving Revised
Vesting Tentative Tract Map 6169.
BACKGROUND:
This Item was continued from the January 28, 2004 and February 15, 2004 Council meetings.
On November 20, 2003, the Planning Commission adopted Resolution No. 160·03 approving
Revised Vesting Tentative Tract Map 6169 with conditions. Revised Vesting Tentative Tract 6169
is located north of Panama Lane, south of Harris Road (extended), east of Old River Road and
consists of 347 lots for single family residential purposes, a sump lot and a lot for future
development on 87.81 acres zoned R-1 (One Family Dwelling) and C·1 (Neighborhood
Commercial). The engineer is Porter-Robertson and the subdivider is McMillan Albany, L.L.C. The
Planning Commission determined that a previous Negative Declaration, approved for the original
approval of Tract 6169 on April 21, 2003, was adequate for and pertinent to Revised Vesting
Tentative Tract 6169. The changes made to the original map were not substantial and amounted
to minor changes in street design and minor changes in lot sizes. An addendum has been
prepared to address the changes and is recommended for adoption by the Council (Background
Attachment #1).
The original subdivision was approved by the Planning Commission contained 329 lots for single
family residential purposes, 1 sump lot, 1 non-buildable lot and 1 lot for future commercial
development of 97.35 acres zoned R-1 and C·1 located on the north side of Panama Lane and
ADMINISTRATIVE REPORT
Page 2
east side of Old River Road. Large and small size lots were intermixed throughout the tract and
"paddle" cul-de-sacs are utilized in street design. The original subdivision and the revised
subdivision are consistent with the General Plan and zoning for this area.
As explained in the Addendum, the developer proposes to slightly modify the lay-out of the original
subdivision to accommodate grouping of larger lots together and smaller lots together, and to
eliminate use of paddle cul-de-sacs in favor of standard cul-de-sac design. As a result of these
proposed changes, an additional 18 single family residential lots would be created. No other
changes to the original subdivision are proposed.
The Sierra Club filed an appeal objecting to the Planning Commission's approval of Revised Tract
6169 and requesting an Environmental Impact Report (EIR) be prepared (Background Attachment
3). The Sierra Club's letter of appeal states that conversion of prime farmland, cumulative impacts
to air quality, and traffic have not been adequately addressed. The Sierra Club is of the opinion
that the recent General Plan Update EIR contains little specific information on cumulative impacts.
The Sierra Club is requesting a traffic study be prepared to analyze cumulative traffic impacts.
This project is consistent with the development density established by the existing zoning and
adopted Metropolitan Bakersfield General Plan, for which an Environmental Impact Report (EIR)
was certified on December 11, 2002. There are no significant impacts which are peculiar to this
project or parcel which were not considered in the General Plan EIR. There are no potentially
significant off-site impacts and cumulative impacts which were not discussed in the EIR prepared
for the General Plan. In addition, the project was reviewed in the Negative Declaration adopted for
the original subdivision in April 2003, and found to have less than significant environmental
impacts.
CEQA Section 21166, CEQA Guidelines Section 15162 and applicable case law provide that
where prior environmental review has been completed for a project, no additional environmental
review can be required for changes to the approved project unless specified conditions exist. In
accordance with the CEQA Guidelines, Section 15162, staff has reviewed the proposed revisions
to the project and found that none of the conditions that would require preparation of a subsequent
or supplemental EIR or negative declaration are present. The proposed changes are not
substantial and do not significantly alter the potential impacts of the project. There is no evidence
that shows the changes would result in new significant environmental effects, an increase in
severity of previously identified significant effects, or that there are feasible mitigation measures
now available to reduce significant effects. Therefore, pursuant to CEQA Guidelines Section
15164, an addendum to the adopted Negative Declaration was prepared to address the minor
differences in the project as originally proposed and the revised map. This addendum is included
in the background materials as "Background Attachment 1" .
The Sierra Club's appeal assertion that cumulative air quality impacts were inadequately assessed
for this project is incorrect. First, there is no evidence that the air quality impacts of the revised
project will be substantially different from or significantly higher than those of the original project.
The San Joaquin Valley Air Pollution Control District (APCD) has adopted "Guidelines for
Assessing and Mitigating Air Quality Impacts" to establish consistent methodology for evaluating
project impacts from development projects. The guidelines contain thresholds for determination of
a project's significance. An Air Quality Impact Analysis was performed for Revised Tentative Tract
6169. The Air Quality Study determined that the project's air quality impact, including its
ADMINISTRATIVE REPORT
Page 3
cumulative air quality impact, is insignificant. This Air Quality Study and Insight Environmental
Consultant's January 28, 2004 letter responding to the Sierra Club's comments (Background
Attachment 4), support the conclusion that the project's air quality impacts will not be significant, as
previously determined in the Negative Declaration adopted for the original subdivision.
Cumulative impacts for the existing residential land uses of the project site were also evaluated
with the recently completed General Plan Update EIR. CEQA Guidelines 15064(i)(3) states:" A
lead agency may determine that a project's incremental contribution to a cumulative effect is not
cumulatively considerable if the project will comply with the requirements that will avoid or
substantially lessen the cumulative problem (e.g. water quality control plan, air quality plan,
integrated waste management plan) within the geographic area in which the project is located:
The project is subject to the rules and regulations for the APCD. Thus, in accordance with CEQA
Section 15064(i)(3), this project's cumulative impacts are considered insignificant. No further study
is needed.
The potential traffic impacts from this project have also been adequately assessed. The revisions
to the project would contribute a small amount of additional trips - an additional 173 trips, which is
approximately a 5 % increase over previously assessed traffic impacts, were found to be
insignificant. This would not result in any new adverse impacts because the increase in traffic
projected by the proposed subdivision will not impact these streets to a level of service below LOS
"C" (The established threshold for determination of the significance of traffic impacts). The traffic
generated by the proposed subdivision would not reduce the LOS for these streets below LOS "A".
Each subdivision is required to construct improvements along all major streets to full width, plus
pay into the Regional Transportation Impact Fee program. This program pays for regional
mitigation for all necessary major street widenings with buildout of the general plan. Therefore, this
project is contributing it's "fair share" toward cumulative mitigation improvements. In addition, with
respect to cumulative traffic impacts, an independent analysis was performed with the adoption of
the Regional Transportation Impact Fee (RTIF), which accounts for development of this site under
the current Low Density Residential land use designation. The RTIF program adoption process
included public review and comment on the traffic analysis methodology as well as the fee amount.
Many transportation options were considered to address buildout of the Metropolitan Bakersfield
General Plan prior to arriving at the improvement list supported by the RTIF program. This
development will pay the fair share of needed mitigation based upon the RTIF program. The RTIF
program inciudes extension of Old River Road and Panama Lane. Because this project would be
consistent with the allowable density of the general plan which was evaluated in the RTIF program,
no further analysis is necessary.
In response to the Sierra Club's comments on prime agriculture conversion, in addition to the
Negative Declaration for this project which found such impacts to be less than significant, the
conversion of farmland to urban uses was also discussed in the Metropolitan Bakersfield General
Plan Final EIR, which adopted a "Statement of Overriding Considerations" regarding the
conversion of prime farmland. The General Plan identified areas planned for urban development,
inciuding the project site, and stated that implementation of the General Plan will contribute to the
conversion of prime farmlands to urban use, and will result in a reduction of the regional
agricultural economy. However, less than 40 acres of the subject site has been used in recent
seasonal agricuitural production. Because the project involves less than 100 acres of land used
for agricultural purposes, the impacts are considered to be less than significant. In any event, the
impacts of the revised project are identical to those of the original project with respect to
ADMINISTRATIVE REPORT
Page 4
agricultural resources. Therefore, there is no basis under CEQA Guidelines Section 15162 for
requiring additional environmental review with respect to this impact area.
Conclusion.
Staff recommends the appeal be denied, adoption of the addendum to the Negative Declaration and
upholding the decision of the Planning Commission, approving Revised Vesting Tentative Tract Map 6169
with conditions as shown on the attached resolution.
LP
S:tracts\6169r\cclAdmin
ADMINISTRATIVE REPORT
MEETING DATE: March 10.2004
AGENDA SECTION: Hearings
ITEM: .5 ,b·
TO:
FROM:
Honorable Mayor and City Council
Development Services - Planning
æ
CITY MANAGER n1JS
DATE:
January 23, 2004
SUBJECT: Resolution making findings and updating the Capital Improvement Plan for the Metropolitan
Bakersfield Habitat Conservation Plan. (Wards 1-7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat
Conservation Plan. Developers pay a $1,240 per acre fee at grading plan approval stage to
compensate for direct and indirect impacts on endangered species habitat from urban
development. The funds are used to purchase and manage habitat consistent with the City's
implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish
and Game. No change in the fee is recommended at this time.
No fee increase is proposed because we have been able to acquire land at very good prices, we
have not yet purchased much specialty preserve property which is more expensive and urban
conversion of natural lands has been minimal. As a result, increases in State charges can be
absorbed while holding down the fee.
The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on
August 25, 1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became
operational in August of 1994. The preparation of the MBHCP and the protection afforded by it
was undertaken to provide a means whereby individuals and the development community in the
metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying
with State and Federal Endangered Species Acts. The program received widespread support from
the development community and environmental groups.
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers
agreement between the City of Bakersfield and Kern County. The trust group is composed of
representatives from the City of Bakersfield and Kern County, and includes advisory members from
the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large
public member.
ADMINISTRATIVE REPORT
Page 2
The MBHCP document and Implementation/Management Agreement describe a capital
improvement plan for utilization of the accompanying mitigation fee. Pursuant to California
Government Code Section 66002, the capital improvement plan must be updated annually by the
City and County. This report provides the basis for the annual update. Staff has determined that
the annual update of the MBHCP Capital Improvement Plan is categorically exempt from the
requirement for preparation of environmental documents pursuant to Section 15308 of the State
CEQA Guidelines.
The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect
of urban growth on Federally and State protected plant and animal species within the 408-square
mile Metropolitan Bakersfield 2010 General Plan area. The Capital Improvement Plan (CIP)
involves the use of mitigation fees to offset the loss of endangered species habitat in the
metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land.
So far over 10,000 acres of endangered species habitat land have been credited to implementation
of the Habitat Conservation Plan. This places us ahead of the "take" as required by Federal and
State law and our agreement.
The overall Habitat Mitigation Fee (HMF) that development applicants must pay has remained at
$1,240 per gross acre since the inception of the MBHCP. Non-specialty preserve acquisitions that
have been completed are averaging about $290 per acre for the cost of the land. When the cost of
very expensive (average $2,974/acre) specialty preserve (Bakersfield cactus) land is factored in, it
raised the average cost to approximately $473 per acre. The program has acquired 317 acres of
specialty preserves. A portion of the $1,240 fee is required by wildlife agencies for fencing,
enhancement and management of preserve areas. The program is self-supporting and requires no
support funds from the city or county. The $1,240 per acre fee has allowed the program to operate
adequately and staff does not propose to raise the HMF to compensate for those parts of the HMF
that are tied to the automatic raises by the State.
The Capital Improvement Plan has operated successfully in meeting the program's obligations
under the terms of our agreements with the California Department of Fish and Game and the U.S.
Fish and Wildlife Service. It is recommended that no changes in the Capital Improvement Plan are
necessary and that the update should be a confirmation of the present plan. Staff will continue to
monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its
obligations. Staff will also continue to monitor any changes that may take place in the State and
Federal Endangered Species Acts to determine the need to continue the program or to renegotiate
the terms of our incidental take permits from the California Department of Fish and Game and the
U.S. Fish and Wildlife Service.
The Kern County Board of Supervisors conducted a public hearing on this item on December 16,
2003, and approved a similar resolution.
The MBHCP and Implementation/Management Agreement describe the estimated costs of the
program and indicate the extent and types of facilities (land) to be acquired with the funding source
and serve as the Capital Improvement Plan for the MBHCP.
Staff is recommending adoption of the resolution updating the Capital Improvement Plan for the
MBHCP.
JM
(adminlmar\3-1 Q·hcpcip)
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Closed Session
ITEM: It. 0...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
1/4-
¡/(;
6lùS
February 27,2004
SUBJECT: Public Employee Performance Evaluation - City Manager; Closed Session
pursuant to Government Code Section 54957 (b)(1).
RECOMMENDATION:
BACKGROUND:
VG:ls
S:\L YNIADMINSICLOSED SESSION\31 OCM.doc
February 27, 2004
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Presentations
ITEM: II.Cl.
TO:
FROM:
DATE:
Honorable Mayor and City Council
ffl!!!?1ED
DEPARTMENT HEAD-1'f "
CITY ATTORNEY
CITY MANAGER ó1J7
Mayor Harvey L. Hall
February 27,2004
SUBJECT: Presentation by Mayor Hall of Proclamation to Mr. Oscar Chavez, Director of Marketing &
Public Relations for Community Action Partnership of Kern, recognizing the 50th
Anniversary of the Economic Opportunity Act and the accomplishments of the Community
Action Partnership of Kern.
RECOMMENDATION:
BACKGROUND:
ndw
February 27, 2004, 11 :35AM
S:\MAYOR\ADMINICOMMUNITY ACTION PARTNERSHIP.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Presentations
ITEM: II. b.
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
February 27, 2004
~ED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER r\kr7
TO:
SUBJECT: Presentation by Mayor Hall of Proclamation to the Castle & Cooke Dream Builders Team,
proclaiming March 20, 2004, as "Spring Fling for the Families of the Bakersfield Homeless
Center Day".
RECOMMENDATION:
BACKGROUND:
ndw
February 27, 2004, 11 :45AM
S:\MAYORIADMIN\SPRING FLING FOR HOMELESS FAMILIES DAY.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: New Business
ITEM: /6.a.
TO:
Honorable Mayor and City Council
DATE:
March 2, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Ik-
¿
~
FROM:
Alan Christensen, Assistant City Manager
SUBJECT:
Proposal by "The Bakersfield Californian" to Finance Costs to open Beale Pool
RECOMMENDATION:
Staff recommends approval
BACKGROUND:
City staff met with representatives of "The Bakersfield Californian" this week to provide an overview of the
condition of City pools and aquatics programs. "The Californian" proposes to spearhead a fundraising
effort that would provide enough money to keep one pool open that is scheduled to close for the upcoming
swim season.
After taking into account revenue from fees and operating costs, City pools have a net cost to the General
Fund of anywhere from $55,000 to $70,000. Of the five pools scheduled for closure, Beale Pool has the
highest attendance (4,235 in 2003) and the least amount of repairs to prepare the pool for the upcoming
season ($5,000). Staff estimates that Beale Pool would cost $70,000 to open and operate for the 2004
swim season. Based upon these facts, "The Californian" felt that Beale Pool would be the best choice to
be reopened if enough money could be raised.
This item is to seek approval from the City Council to open Beale Pool if the fundraising efforts led by "The
Bakersfield Californian" in the amount of $70,000 are successful. They propose that donations be made
to the Bakersfield Foundation and collected by the Mayor's Office.
If $70,000 cannot be attained, then two other lesser options are proposed that would open Beale for a
shorter swim season or provide recreational swim vouchers for children in areas where city pools have
been closed. A letter from the Bakersfield Californian outlining their proposal is attached.
Staff has proposed a deadline of April 1, 2004, to raise funds and decide which option to pursue. The
deadline is necessary to hire and train aquatics staff and to notify the public which pools will be open.
Staff recommends approval of the request from "The Bakersfield Californian." We appreciate their efforts
to assist us in financing public services given the difficult fiscal crisis we are facing.
March 3, 2004. 2:43PM
C:\Documents and Settings\achriste\Desktop\bak calif pool fundraiser 3-10-04.doc
AC:al
·
B
A K E R
S FIE L D
CITY OF BAKERSFIELD
MEMORANDUM
TO:
ALAN TANDY, CITY MANAGER
;fl
March 10, 2004
FROM:
RAUL M. ROJAS, PUBLIC WORKS DIRECTOR" // --
"1 ___
-~
SUBJECT: ADDITIONAL ITEM FOR MARCH 10, 2004, COUNCIL MEETING
On Monday morning, March 8, 2004, a developer's contractor damaged the top of a
culvert pipe on Buena Vista Road between Harris Road and Pacheco Road. This
culvert pipe is part of Kern Delta's Buena Vista Canal. It consists of a triple barrel 48"
corrugated metal pipe with concrete head walls.
Staff had not been able to examine this particular pipe due to time constraints Also, the
developer was responsible to extend this pipe and replace a portion of it as part of their
development requirements.
Buena Vista Road is heavily traveled, including concrete trucks dispatched from a
nearby plant and school buses accessing Buena Vista School. As a safety precaution,
Buena Vista Road was closed We have engaged Granite Construction to replace this
pipe and are working closely with Kern Delta Water Storage District to ensure its timely
completion. This project is entirely within the Transportation Impact Fee Program and
will be paid for accordingly.
For safety reasons, please add the attached Administrative Report and Resolution to
tonight's agenda.
G:IGROUPDATIADMINRPT\2004103-10Iadd'l item memo. doc
ADMINISTRATIVE REPORT
MEETING DATE: March 10,2004
AGENDA SECTION: Consent Calendar
ITEM: ..¡. d..d..
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
TO:
FROM:
DATE:
Honorable Mayor and City Council
March 9, 2004
CITY ATTORNEY
CITY MANAGER
SUBJECT: Emergency Road Crossing Repairs Required at Buena Vista Road and the Buena Vista
Canal (Ward 5):
1. Resoiution dispensing with bidding procedures due to emergency repairs required at
Buena Vista Road at the Buena Vista Canal, not to exceed $500,000 (initial estimate
only).
2. Appropriate $500,000 (initial estimate of costs) Transportation Development Fund
balance to the Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Resolution and appropriation.
BACKGROUND: In January, 2004, staff conducted inspections of the known corrugated metal pipe
crossings throughout the City, however, this particular pipe was not examined due to time constraints, in
addition to the fact that the developer was responsible for extending this pipe and replacing a portion of it
as part of their development requirements.
On March 8, 2004, a contractor doing work on Buena Vista Road related to Tract 6104, was excavating
over the culvert in the east shoulder area when the equipment fell through a section of the pipe. Although
the pipe failure was in the shoulder area, not in the travel way or pavement, the decision was made by the
Public Works Director to close that section of Buena Vista Road for public safety.
The Director has also determined that the culvert repairs could not be completed by City staff alone and
found this problem to be an emergency and the work to be performed was of urgent necessity for the
preservation of life, health, or property. The Public Works Director authorized Granite Construction on a
time-and-materials basis, to repair the canal crossing.
In addition, water orders are in place and water is currently running in the canal requiring a temporary
bypass of the canal while the repairs are done. Based on this, an emergency resolution was prepared for
tonight's council agenda.
The attached Resolution authorizes the dispensing of bidding requirements as set forth in Section
3.20.060 of the Bakersfield Municipal Code, with a not to exceed amount of $ 500,OOO(initial estimate
only). At a future Council Meeting, staff will provide more precise information as to the costs.
This project is entirely in the Transportation Impact Fee program and will be paid for accordingly.
March 10, 2004, 7:57AM
GUsjp
C:\Documents and Settings\glorenzi,OOO\Local Settings\Temp\Emergency Admin,doc
RESOLUTION NO.
A RESOLUTION DISPENSING WITH BIDDING PROCEDURES
DUE TO EMERGENCY REPAIRS REQUIRED AT THE BUENA VISTA CANAL CROSSING
BUENA VISTA ROAD,
NOT TO EXCEED $500,000 (INITIAL ESTIMATE ONLY)
WHEREAS, as a result of the culvert failure at Buena Vista Road at the Buena Vista
Canal, the Public Works Director determined it necessary to temporarily close Buena Vista
Road between Panama Lane and Pacheco Road; and
WHEREAS, the Public Works Director has determined that the canal culvert repairs
could not be fixed by City staff alone; and
WHEREAS, the Public Works Director declared this problem an emergency and the
work to be performed was of urgent necessity for the preservation of life, health, or property;
and
WHEREAS, to remedy this emergency, the Public WorKs Director authorized
construction services on a time-and-materials basis to repair the Buena Vista Road crossing the
Buena Vista Canal.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The above recitals are true and correct and incorporated herein by reference.
2. City Council hereby determines that based upon the above recitals the work to
be performed is of urgent necessity for the preservation of life, health or property,
thereby allowing the dispensing of bidding requirements as set forth in Section
136 of the City Charter and Section 3.20.060 of the Bakersfield Municipal Code.
3. The Finance Director is authorized to dispense with bidding in accordance with
Section 3.20.060 of the Bakersfield Municipal Code.
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G\GROUPDA T\ADMINRPT\2004\03-1 O\Emergency Resolution.doc