HomeMy WebLinkAbout03/24/04_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MARCH 24, 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. WORKSHOP
(5 min)
(10 min)
3.
4.
(Ward 4)
(Wards 2,4,6)
(Ward4)
Keep Bakersfield Beautiful Committee - Great American Cleanup (StaffpresentationbySal Moretti,
Superintendent of Solid Waste)
Update on the Restoration Status of the Fox Theater Foundation (Presentation by Jim Whitehead,
Chairman of the Board, Fox Theater Foundation)
PUBLIC STATEMENTS
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of March 10, 2004.
Payments:
Approval of department payments from February 27, 2004 to March 11, 2004 in the amount
of $7,571,783.56 and self insurance payments from February 27, 2004 to March 11,2004 in
the amount of $241,759.25.
Ordinances:
First Reading of Ordinance adopting the Negative Declaration and amending Section
17.06.020 (Zone Map No. 102-36) of Title 17 of the Municipal Code by changing the zoning
from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on
104.46 acres, generally located on the west side of Jewetta Avenue, approximately 600 feet
north of Stockdale Highway. (Engineer: Mclntosh and Associates/Developer: Castle &
Cooke) (ZC 03-1246)
First Reading of Ordinance adding Chapter 9.23 to the Municipal Code relating to the
assessment of second response costs for loud or unruly events.
Adoption of Ordinance amending Municipal Code Sections 1.12.020, 1.12.040 and 1.12.060
by adding Annexation No. 443 located (1) west of Jewetta Avenue approximately 700 feet
south of Birchhaven Drive and (2) at the southwest corner of Beale Avenue at Bernard Street
to Wards 2 & 4, and Annexation No. 445 located between Ashe Road and Gosford Road,
generally north of McCutchen Road to Ward 6. (First Reading 3/I0/04)
Adoption 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 ) (First
Reading 3/10/04)
4. CONSENT CALENDAR continued
(Ward 2)
(Ward 4)
(Ward 4)
(Wards 4,5)
(Ward 5)
(Ward 4)
Resolutions:
Resolution authorizing the filing of an application with the Kern Council of Governments for
allocation of Transportation Development Act funds for Fiscal Year 2004-05 to be utilized for
the maintenance of the Bakersfield Amtrak Station during said fiscal year.
Agmemen~:
Transportation Impact Fee Agreement with Stonecreek Partners, Inc. (estimated impact fee
credit-S57,394.00) for Tract 6124 located on Wible Road north of McKee Road.
Agreement with Terry L. and Saundra E. Houchin to purchase real property at 7700 Brimhall
Road for $253,610.00 (ISTEA Funds) for use as dght of way for the Westside Parkway.
Agreement with George R. & Deborah E. Daisa and Milton E. & Suzanne Bachman to
purchase real property located in an unincorporated area of Bakersfield, south of Rosedale
Highway on Mohawk Street for $224,053.00 (ISTEA Funds) for use as right of way for the
Mohawk Extension Phase of the Westside Parkway.
k. Final Tract Maps and Improvement Agreements with:
Fairway Oaks South, L.P., for Tract 6079 Unit 1 located south of Pacheco Road and
west of Old River Road.
GMAC Model Home Finance and Lennar Bakersfield, Inc., for Tract 6077 Unit 9
located north of Olive Drive and west of Calloway Drive.
Castle & Cooke California, Inc., for Tract 6199 located north of Chamber Boulevard
and east of South Allen Road.
Castle & Cooke California, Inc., for Tract 6150 Units 1 and 2 located north of
Chamber Boulevard and east of South Allen Road.
Castle & Cooke California, Inc., for Tract 6151 Units 1 and 2 located north of
Chamber Boulevard and east of South Allen Road.
Castle & Cooke California, Inc., for Tract 6223 Units 1 - 7 located south of Chamber
Boulevard and east of South Allen Road.
I. General Plan AmendmentJZC 03-1544 (Buena Vista Ranch):
Agreement with Castle & Cooke Commercial-CA, Inc., for the preparation of an
Environmental Impact Report (EIR) and appropriation of $47,140.00 developer's
contribution to the Development Services Operating Budget in the General Fund.
Agreement with Michael Brandman Associates ($142,860.00) to prepare and
Environmental Impact Report (EIR) for GPNZC 03-1544 (Buena Vista Ranch).
Amendment No. 1 to Agreement No. CA03-053 ($25,000.00, total contract not to exceed
$50,000.00) with law firm of Duane Morris for outside legal services in the matter before the
California Public Utilities Commission relating to the Kern Power Plant.
2
4. CONSENT CALENDAR continued
Bids:
n. Purchase of additional refuse carts:
Extend bid from Rehrig Pacific, Inc. to purchase 1,584 additional refuse carts
($65,513.45) to meet unanticipated increases in demand.
Appropriate $66,000.00 Solid Waste Fund Balance to the Public Works Department
Operating Budget.
Miscellaneous:
(Wards 1,2,3)
Community Development Block Grant (CDBG) Action Plan Amendment No. 10 (FY 01/02),
Amendment No. 11 (FY 02/03) and Amendment No. 5 (FY 03/04).
Transfer $377,709.00 from the CDBG Fund Operating Budget to the Capital
Improvement Budget for the Planz Park wet play area and street reconstruction in
HUD eligible areas.
Transfer $210,000.00 from the CDBG Fund Operating Budget to the Capital
Improvement Budget for acquisition and demolition activities for the Old Town Kern
Mixed-Use Project.
(Ward 1)
Amendment No. 1 to Agreement No. 03-156 ($200,000.00 increase, for a total compensation
$520,000.00) with Gilliam & Sons, Inc. for emergency levee repairs required at Wastewater
Treatment Plant 2 effluent storage reservoir (earthmoving and hauling); and to appropriate
$170,000.00 Sewer Enterprise Fund Balance to the Capital Improvement Budget.
Staff recommends adoption of Consent Calendar items a through p.
5. CLOSED SESSION
Conference with Real Property Negotiators pursuant to Government Code Section 54956.8.
Property: Right of Way, approximately ~ mile west of Allen Road running east to
approximately ~ mile east of Calloway Drive. Agency Negotiators: Finance Director Gregory
Klimko and Real Property Manager Donald Anderson. Negotiating Party: Castle & Cooke.
Under Negotiation: Price and terms of payment for purchase.
Conference with Real Property Negotiators pursuant to Government Code Section 54956.8.
Property: 24th and Oak Streets. Agency Negotiators: Finance Director Gregory Klimko and
Real Property Manager Donald Anderson. Negotiating Parties: Tom Carosella and John
Sarad with Birkshire Properties. Under Negotiation: Price and terms of payment for
purchase.
Conference with Legal Counsel - Existing Litigation. Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding 1) Bakersfield Citizens for Local Control
v City/Castle & Cooke, and 2) Bakersfield Citizens for Local Control v City/Panama 99.
RECONVENED MEETING - 7:00 p.m.
6. ROLL CALL
7. INVOCATION by Pastor Romeo R. Talamera, Filipino-American Community Church
8. PLEDGE OF ALLEGIANCE by Samuel Brow, 6th Grade Student at Juliet Thorner Elementary School.
9. CLOSED SESSION ACTION
3
10. PRESENTATIONS
'11.
'12.
13.
(Ward 3)
14.
15.
16.
17.
Presentation by Mayor Hall of Proclamation to Ms. Eleanor Ozaeta, President of the Local
Chapter of ARMA, proclaiming April, 2004, "Records and Information Management Month".
Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health
Services, Kern County Department of Public Health, proclaiming April 3-9, 2004, as "Public
Health Week".
PUBLIC STATEMENTS
CONSENT CALENDAR- for those Consent matters listed but not heard at 5:15 pm portion of meeting
H FARINGS - Council may hear Consent heating items listed but not heard at 5:15 pm portion of meeting
Public Hearing to consider appeal by the Sierra Club of approval of Zone Change 03-1133
(Aera Energy, LLC/Applicant). (Staff comments by Jack Hardisty, Development Services Director)
First Reading of Ordinance upholding the decision of the Planning Commission,
denying the appeal by the Sierra Club, adopting Negative Declaration and amending
Section 17.06.020 (Zone Map No. 104-07) of the Municipal Code by changing the
zoning from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-
Hillside Development) to R-1-HD (One Family Dwelling-Hillside Development) on
160_+ acres generally located north of Paladino Drive, west of the proposed Morning
Drive alignment, in the northwest quarter of Section 7, T29S, R29E.
Staff recommends denying the appeal and give first reading to the ordinance.
REPORTS
Report on work to expand the City's Sphere of Influence Boundary, Municipal Services Report
and discussions with LAFCO about it's role in City development. (Staff comments by Stan Grady,
Planning Director)
Staff recommends acceptance of report.
DEFERRED BUSINESS
Ordinance amending Section 8.44.030 of the Municipal Code relating to Fireworks. (First
Reading 3/10/04)
Staff recommends referral back to Legislative and Litigation Committee.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
4
AGENDA HIGHLIGHTS
MARCH 24, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
Workshops:
There will be two workshops: 1) A short presentation by Sal Moretti, Solid Waste Superintendent regarding
the 2004 Great American Clean Up to be held April 24thl and 2) Jim Whitehead, Chairman of the Board of
the Fox Theater Foundation, will give a brief update regarding the Fox Theater's current operations and
restoration status.
Ordinances:
Item 4c. First Readinq of Ordinance Amendinq the Municipal Code to Chanqe the Zoninq on 104.46 Acres,
Generally Located on the West Side of Jewetta Avenue, Approximately 600 Feet North of Stockdale
Hiqhway. The proposed zone change is from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit
Development) zone to develop a gated and private street neighborhood of single family residential homes
for seniors. The PUD proposes to consist of 425 lots, a 3.24 private park with community building, and
other private landscape. The Planning Commission recommends conditional approval.
The proposed design includes detached sidewalks, greenspace throughout the subdivision, internal parks
and open space, heavy tree landscaping and traffic calming features along streets. All internal streets,
parks and landscaping are private and will be privately maintained. Landscaping along Jewetta will be
publicly maintained.
Item 4d. First Readinq of Ordinance Enactinq an Assessment of Service Fee for Costs for Loud or Unruly
Events. Due to the increasing number of complaints for loud and unruly parties, the Legislative and
Litigation Committee requested proposed legislation that would give the City greater recourse than what is
currently outlined in the Municipal Code. A proposed additional chapter will define loud or unruly events
and provide a means for recovering costs incurred by the City for safety personnel participating in a second
response to such an event, up to $1,000, from the responsible party.
Aqreements:
Item 4i. Aqreement to Purchase Real Property at 7700 Brimhall Road for Use as Riqht-of-Way for the
Westside Parkway in the amount of $253,610 (ISTEA Funds). The property is a 60,696 square foot
rectangular shaped parcel located at the proposed Coffee Road interchange of the Westside Parkway. The
purchase price was determined by a local independent appraiser. The Planning Commission found the
purchase consistent with the 2010 General Plan.
Item 4i. Aqreement to Purchase Real Property Located in an Unincorporated Area of Bakersfield, South of
Rosedale Hiqhway on Mohawk Street for Use as Riqht-of-Way for the Mohawk Extension Phase of the
Westside Parkway, in the amount of $224,053 (ISTEA Funds). The property is a 2,092.5 square foot
rectangular shaped parcel improved with three older commercial buildings, located south of Rosedale
Highway. The purchase price was determined by a local independent appraiser. The Planning
Commission found the purchase consistent with the 2010 General Plan.
Item 41. Aqreements for Preparation of an Environmental Impact Report for General Plan Amendment/Zone
Chanqe 03-1544 (Buena Vista Ranch). The project is an amendment to the Land Use and Circulation
Elements of the General Plan and a concurrent Zone Change. It consists of residential, industrial,
commercial, schools, parks and lakes, public facility, the West Beltway and streets. The project includes
Agenda Highlights
March 24, 2004
Page 2
annexation of _+1736.36 acres and amendment to the Sphere of Influence boundary. The Circulation
Element amendment includes a realignment of White Lane, deletion of Renfro Road as an arterial, and
realignment of numerous collectors. The project site is currently under agricultural production with some oil
extraction facilities in the southerly portion of the site.
The total EIR cost is $190,000. The first agreement acknowledges that Castle & Cooke, Inc. (developer) will
pay all costs associated with the preparation and completion of the EIR, which consists of $142,860 for
consultant services and $47,140.00 to reimburse the City for its costs. The second agreement is with
Michael Brandman Associates (consultant) to prepare the Report in the amount of $142,860.
Item 4m. Amendment No. 1 to Aqreement No. CA03-053 with the Law Firm of Duane Morris for Outside
Leqal Services in the matter before the California Public Utilities Commission relatinq to the Kern Power
Plant in the amount of $25,000 (for a not to exceed contract total of $50.000). This law firm has
represented the City's interest in this matter since October 2003. The Amendment will allow the final bill to
be paid, with a small amount remaining for monitoring until the PUC has ratified their recent decision and
the matter closed.
Bids:
Item 4n. Purchase of additional refuse carts. An unforeseen surge in new services during FY 2003-04 has
depleted the supply of refuse and greenwaste containers available for distribution. The bid awarded to
Rehrig Pacific in July, 2003 provides for the option of extending bid prices up to twelve months from the
date of the award. To provide timely services for the rest of the fiscal year, the City needs to purchase 432
additional refuse and 1,152 additional greenwaste carts. Staff recommends that the bid be extended to
purchase these additional carts in the amount of $65,513.45, and appropriate $66,000 Solid Waste Fund
Balance to the Public Works Department Operating Budget.
Miscellaneous:
Item 4o. Community Development Block Grant Action Plan Amendments. The amendments are as follows:
1) Transfer $377,709 from the CDBG Operating Budget to the Capital Improvement Budget for the Planz
Park Wet Play Area and Street Reconstruction in HUD eligible areas; and 2) Transfer $210,000 from the
CDBG Operating Budget to the Capital Improvement Budget for acquisition and demolition activities for the
Old Town Kern Mixed-Use Project. Additionally, funds are recommended to be reprogrammed from the
Business Loan Program to fund the Planz Park Wet Play Area project.
Item 4p. Amendment No. 1 to Aqreement No. 03-156 with Gilliam & Sons, Inc. for Earthmovinq and Haulinq
in the amount of $200,000 (for a total compensation of $520,000}; and Appropriate $170.000 Sewer
Enterprise Fund Balance to the Capital Improvement Budqet for Emerqency Levee Repairs Required at
Wastewater Treatment Plant 2 Effluent storaqe reservoir. The annual contract is nearly exhausted due to
emergency levee repairs required at Wastewater Treatment Plant 2 effluent storage reservoir. The City
acted as the General Contractor for the project, and City crews and forces from Gilliam and Sons Inc.
performed the work. Costs for this project are estimated at $170,000 with the majority of this amount
payable to the annual contractor. In addition, the contract runs until June 13, 2004, and the compensation
clause should be increased to ensure sufficient funds are available for other City projects. Staff
recommends that the annual contract be increased by $200,000 for these reasons.
CLOSED SESSION
There are three closed session items, two of which are conferences with Real Property Negotiators: 1)
Right-of-way in the area of Allen Road and Calloway Drive; and 2) 24~h and Oak Streets. The third item is a
conference with legal counsel regarding existing litigation on these two cases: 1) Bakersfield Citizens for
Local Control v City/Castle & Cooke, and 2) Bakersfield Citizens for Local Control v City/Panama 99.
Agenda Highlights
March 24, 2004
Page 3
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
HEARINGS
Item 13a. Appeal Hearinq by the Sierra Club of the Approval of a Zone Chanqe on Approximately 160
Acres Located Generally North of Paladino Drive, West of the Proposed Morninq Drive Aliqnment, and First
Readinq of Ordinance for Zone Chanqe Application by Aera Enerqy, L.L.C. The Planning Commission
recommends approval of a zone change from A (Agriculture) to R-1 (One Family Dwelling) and A-HD
(Agriculture-Hillside Development) to R-I-HD (One Family Dwelling-Hillside Development) to obtain
consistency with the General Plan for future development. This decision was appealed by the Sierra Club
with their standard objections. Staff recommends the Council deny the appeal, uphold the decision of the
Planning Commission, and conduct first reading of the ordinance approving the zone change, with
conditions as shown in the backup to the administrative report.
REPORTS
Item 14a. Report on Work to Expand the City's Sphere of Influence Boundary, Municipal Services Report,
and Discussions with LAFCO. Work is continuing on the expansion of the City's Sphere of Influence
boundary. Staff met with LAFCO on this issue and also discussed the Municipal Services Report that is
being prepared for the City. In addition, the Planning Director participated in a LAFCO workshop to discuss
their role in evaluating proposed growth by cities and special districts.
DEFERRED BUSINESS
Item 15a. Adoption of Ordinance Amendinq the Section of the Municipal Code Relatinq to Fireworks. This
Ordinance was given first ready at the Council meeting of March 10, 2004. During this meeting,
Councilmember Maggard asked about the calculations of the application fee, requested a list of all permit
holders, including "grandfathered" permit holders and also identifying charitable ones from those for-profit,
and requested pros and cons of eliminating the "grandfathered" status.
In staff's preparing the responses to Councilmember Maggard's questions, a number of other questions
have arisen. They involve concerns about the grandfathering of for-profit booths; grandfathering of multiple
booths for individual non-profits; questions regarding the number of booths and whether it is good public
policy to continually increase the number of available booths based on population increases; and concerns
that all costs related to the oversight and regulation of the fireworks booths are not being fully recovered
since work by some city employees involved in this process may not have been factored in to the proposed
fee. The Fire Chief also has expressed concerns regarding the impact on fire safety due to an increase in
the number of fireworks booths in the City. Staff is doing additional research on how fireworks are regulated
in other communities in order to provide the Council with a more complete picture of this issue, its
implications and alternatives. This issue also is impacted by how fireworks stands are regulated in the
unincorporated areas by the County since they also allow fireworks stands.
Because of these concerns and the complexity of this issue staff is recommending that it be referred back to
the Legislative and Litigation Committee for further study.
Approved:
John W. Stinson
Assistant City Manager
cc: Department Heads
City Clerk's Office
News Media File
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
MARCH 10, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
ACTION TAKEN
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson (seated at 5:30 p.m.), Benham, Maggard,
Hanson, Sullivan (seated at 5:25 p.m.), Salvaggio
Absent: None
Motion by Vice-Mayor Couch to add item 4.dd., regarding
emergency road repairs, to the agenda, an item that arose after
the agenda was posted, and which requires immediate action.
APPROVED
AB CARSON
2. PRESENTATIONS
Presentation of National Awards from Keep America Beautiful
to the City for its Keep Bakersfield Beautiful Program.
John Enriquez, Chairman of the Keep Bakersfield Beautiful
Program, announced the awards, introduced staff and made
comments.
Councilmember Sullivan acknowledged and presented a
plaque to John Enriquez honoring his leadership in
volunteering.
3. PUBLIC STATEMENTS
None.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of February 25, 2004.
Bakersfield, California March 10, 2004 - Page 2
CONSENT CALENDAR continued
Payments:
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:
First Reading of Ordinance amending Section 8.44.030 of the
Municipal Code relating to Fireworks.
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.
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)
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)
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).
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERATION
FR
FR
ORD 4177
ORD 4178
Bakersfield, California March 10, 2004 - Page 3
CONSENT CALENDAR continued
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).
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 1st, 2n~, 3r~
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.
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.
Assessment District No. 03-3 (Seven Oaks West Ill/Brighton
Place II/Fairway Oaks South):
Resolution premliminarilyapproving Engineer's Report
and setting date for public hearing of protests.
Resolutions approving acquisition and disclosure
agreements and authorizing changes thereto and
execution thereof.
ACTION TAKEN
ORD 4f79
RES 049-04
RES 050.04
RES 05'~-04
ROI t328
RES05~04
RES 053-04
RES 054-04
RES 055-04
RES 056-04
Bakersfield, California March 10, 2004 - Page 4
CONSENT CALENDAR continued
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:
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.
Agreement with ImageAmerica Digital Orthoimagery
($80,401.00) to update images of Metropolitan
Bakersfield which are compatible with PhotoMapper~
software.
Appropriate $11,000 Gas Tax Fund Balance to the
Public Works Department's Operating Budget.
Resolution of Intention No. 1329 to order the vacation of
Brite Street on the east side of Oleander Avenue.
Agreements:
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.
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.
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).
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.
ACTION TAKEN
RES 055-04
RES 056.04
REMOVED FOR
SEPARATE
CONSIDERATION
ROI 1329
AGR 04-058
REMOVED
AGR 04-059
A GR 04-060
Bakersfield, Califomia March 10, 2004 - Page 5
CONSENT CALENDAR continued
Amendment No. 1 to Agreement No. 03-382 with County of
Kern for animal care services.
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 ($100,000.00 for a total
contract amount of $366,000.00) for additional canal liner
repairs in Carrier Canal between Golden State Highway and
Oak Street.
Bids:
Accept bid from Insight Public Sector ($42,114.75) for seven
(7) Panasonic computers with vehicle mounts funded by a
Code Enforcement Grant.
Reject all bids for one additional Mid Size SUV for Code
Enforcement (grant funded).
Miscellaneous:
aa.
Community Development Block Grant (CDBG) Action Plan
Amendment No. 14 (FY 98/99), Amendment No. 10
(FY00/01), Amendment No. 9 (FY 01/02), Amendment No. 10
(FY 02/03), and Amendment No. 4 (FY 03/04).
Appropriate $300,000.00 pdor 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.
Transfer $80,000.00 from the Community
Development Block Grant fund, Operating Budget to
the Capital Improvement Budget for various
streetscape improvement projects.
ACTION TAKEN
AGR 03-382(I)
AGR 0'1-168(I)
AGR 03-028(2)
bb. 2004 Legislative Platform.
Bakersfield, California March 10, 2004 - Page 6
CONSENT CALENDAR continued
CC.
Appropriate $43,000.00 Transportation Development Fund
Balance to the Capital Improvement Project Budget for the
Calloway Drive Street Widening Project.
dd.
Emergency road crossing repairs required at Buena Vista
Road and the Buena Vista Canal:
Resolution dispensing with bidding procedures due to
emergency repairs required at Buena Vista Road at
the Buena Vista Canal, no to exceed $500,000.g0
(initial estimate only).
Appropriate $500,000.00 (initial estimate of costs)
Transportation Development Fund balance to the
Capital Improvement Budget.
Motion by Vice Mayor Couch to adopt Consent Calendar items
8. a. through 8.dd., with the removal of items 4.c. and 4.p. for
separate consideration and the deletion of 4.s.
First Reading of Ordinance amending Section 8.44.030 of the
Municipal Code relating to Fireworks.
Councilmember Maggard requested staff respond with
information addressing the calculations of the fee; a list of all
permit holders including the4 grandfathered permit holders,
identifying which ones are charitable and which are for-profit;
and the pros and cons of eliminating the 'grandfathered' status.
Motion by Councilmember Maggard to give First Reading to the
Ordinance.
p. Digital Aerial Imagery:
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.
Agreement with ImageAmerica Digital Orthoimagery
($80,401.00) to update images of Metropolitan
Bakersfield which are compatible with PhotoMapper~)
software.
Appropriate $11,000 Gas Tax Fund Balance to the
Public Works Department's Operating Budget.
.ACTION TAKEN
RES 058-04
APPROVED
FR
APPROVED
RES 057-04
AGR 04-057
Bakersfield, California March 10, 2004 - Page 7
CONSENT CALENDAR continued
Motion by Councilmember Maggard to adopt the Resolution,
approve the Agreement and appropriate required funds.
CONSENT CALENDAR HEARINGS - see additional item$ at 7:00pm portion
of meeting
Continued Public Hearing to consider the appeal by Sierra
Club regarding Revised Tentative Tract Map 6169 (Engineer-
Porter Robertson/Subdivider-McMillan Albany, LLC).
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.
Hearing opened at 5:43 p.m.
Hearing continued to the 7:00 p.m. portion of the meeting.
Public Hearing to consider Resolution making findings and
updating the Capital Improvement Plan for the Bakersfield
Habitat Conservation Plan.
Staff recommends adoption of resolution.
Hearing item 5.b. opened at 5:43 p.m.
Hearing item 5.b. closed at 5:44p.m.
Motion by Vice-Mayor Couch to continue 5.a. to the reconvened
session and approve Consent Calendar Hearing item 5.b.
CLOSED SESSION
Public Employee Performance Evaluation - City Manager;
Closed Session pursuant to Government Code Section 54957
(b)(1).
ACTION TAKEN
APPROVED
RES 060-04
APPROVED
6o
Bakersfield, California March 10, 2004 - Page 8
CLOSED SESSION continued
Motion by Vice-Mayor Couch to recess to Closed Session at 5:45
p.m.
Motion by Vice-Mayor Couch to recess from Closed Session
at 6:55 p.m.
RECONVENED MEETING - 7:00 p.m.
7. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Hanson, Sullivan, Salvaggio
Absent: None.
8. INVOCATION by Reverend Max Van Dyke, Christ Cathedral.
PLEDGE OF ALLEGIANCE by Megan Kaufman and Elizabeth
Belsky, 6th Grade Students at Bessie Owens School.
10. CLOSED SESSION ACTION
Public Employee Performance Evaluation - City Manager;
Closed Session pursuant to Government Code Section 54957
(b)(1).
11. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Mr. Oscar
Chavez, Director of Marketing & Public Relations for
Community Action Partnership of Kern, recognizing the 50~h
Anniversary of the Economic Opportunity Act and the
accomplishments of the Community Action Partnership of
Kern.
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".
Mayor Hall presented certificates of appreciation to Darlene
Mulkey, Castle & Cooke, Renee Massey, Charles Sullivan
and recognized student representatives from local high
schools.
ACTION TAKEN
APPROVED
APPROVED
EVALUATION
COMPLETE WITH
NO
REPORTABLE
ACTION
12.
Bakersfield, California March 10, 2004 - Page 9
PUBLIC STATEMENTS
Katherine Valenzuela, Sarah Mangan and Danielle Villalovos
spoke regarding the Mayor's Youth Advisory Council.
James Tyson, Ebony Counseling Center, spoke regarding
Real Men/Ladies Inc. Youth Program and requested a
Mayor's proclamation declaring the week of March 8-12, 2004
Male Responsibility and Girl Power Week.
c. Norma Jackson spoke regarding potholes.
Mary Helen Barro and Millie Diffenbaugh spoke regarding
pool closures.
Mayor Hall recognized government classes from Ridgeview
High School.
Vice-Mayor Couch announced the City has received a draft
decision by the administrative law judge regarding the City's
dispute with North American Power Group denying the
application by PG&E to sell its Kern County Power Plant to
North American Power Group.
ACTION TAKEN
t3.
CONSENT CALENDAR - for items not heard at 5:15 p.m. portion of
meeting.
14.
HEARINGS
Continued Public Hearing to consider the appeal by Sierra
Club regarding Revised Tentative Tract Map 6169 (Engineer-
Porter Robertson/Subdivider-McMillan Albany, LLC).
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.
RES05~04
Hearing re-opened at 7:47 p.m.
No one spoke.
Hearing closed at 7:48 p.m.
15.
Bakersfield, California March 10, 2004 - Page 10
HEARINGS continued
Item 14.a. continued
ACTION TAKEN
Motion by Councilmember Hanson to adopt the Resolution
denying the appeal and the addendum to the Negative
Declaration upholding the decision of the Planning Commission.
APPROVED
t5. NEW BUSINESS
Proposal by "The Bakersfield Californian" to finance costs to
open Beale Pool.
Interim Recreation and Parks Director Alan Christensen made
staff comments.
Motion by Vice-Mayor Couch to approve the proposal by the
Californian to finance the opening of Beale Pool and access
feasibility of opening a second pool and splitting operating
hours between the two pools provided funding is available for
repairs/maintenance of the second pool.
APPROVED
16. MAYOR AND COUNCIL STATEMENTS
Councilmember Salvaggio requested staff contact Hipilito Rocha
regarding noise in his neighborhood.
Councilmember Salvaggio requested the City Attorney's office
and Police Department investigate a citizen's complaint
regarding neighbors and provide practical advice on obtaining
a restraining order.
Councilmember Salvaggio requested an update on his prior
referral number 645, regarding the Loyalton/Castleford area and
the establishment of a Neighborhood Watch program.
Councilmember Salvaggio requested staff remove graffiti from
a wall behind the Benton Park shopping center, at the northeast
corner of Fremont and Wilson Road. Additionally,
Councilmember Salvaggio expressed appreciation for rapid
response to his graffiti removal requests.
16.
Bakersfield, California March 10, 2004 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Salvaggio announced Caltrans has awarded Griffith
and Company a contract to expand the southbound off ramp at White
Lane.
Councilmember Salvaggio thanked Code Enforcement for dedication
in performing their duties.
Councilmember Salvaggio thanked the Mayor for his service and
congratulated him on his re-election.
Councilmember Maggard expressed disappointment regarding the
cancellation of the Joint City/County Meeting.
Councilmember Maggard provided for review by Public
Works/Planning staff written information regarding a potential
development, Rio Bravo Ranch, and the possible realignment of
Hwy. 178 in the area at the mouth of the canyon to Alfred Harrell
Hwy.
Councilmember Maggard requested Police investigate recent
vandalism and thefts in the Eastridge neighborhood in the
northeast; work with Neighborhood watch in the area.
Councilmember Maggard recognized Victor Placentia, manager of La
Mina Mexican Restaurant, as a Neighborhood Hero, for his idea to
construct an outdoor soccer park utilizing indoor soccer rules, and
raising substantial funds for the purpose.
Councilmember Benham requested increased traffic
enforcement in the Montclair Steet/Centennial Park area.
Councilmember Benham provided a list of potholes; requested
staff provide information regarding repair scheduling for
potholes; constituents to be provided with the repair
information.
16.
Bakersfield, California March 10, 2004 - Page 12
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Benham requested staff provide information to
residents of the Greenbrier complex regarding slurry coating of
streets.
Councilmember Benham provided suggestions regarding treffic
regulation in the Westchester area for review by staff;
additionally revisit the idea of various street closures in the area.
Councilmember Benham provided a letter regarding garbage
pick up for staff response.
Councilmember Benham provided a letter regarding a legal
issue and requested staff keep her informed.
Councilmember Hanson congratulated the Mayor on his re-election.
Councilmember Hanson congratulated the City Manager and EDCD
Director on the analysis of parking near the Padre Hotel.
Councilmember Hanson requested information regarding Notice of
Completion for the ice rink. Public Works Director Rojas responded.
Councilmember Hanson requested information regarding the canal
incident on Buena Vista Road. Public Works Director Rojas
responded.
Councilmember Carson welcomed and thanked the young people in
the audience and the young people who gave a presentation
regarding services they provide the community and the Weed and
Seed Program for the cleanup in the southeast last weekend.
Councilmember Carson thanked the Police Department for control at
the parade last Saturday.
Councilmember Carson requested staff provide an update regarding
the left turn lane at Garnsey. Public Works Director Rojas
responded.
ACTION TAKEN
16.
Bakersfield, California March 10, 2004 - Page 13
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Carson requested Economic and Community
Development conduct an informational meeting with Ward 1
residents regarding the use of CDBG funds at the MLK Center on
March 20 or 27.
Councilmember Carson requested information regarding sewer
connection facts and time line for the Stockdale/Stine and P
Street areas.
Councilmember Carson requested information and time line
regarding the use of CDBG funds for street repairs.
Councilmember Carson congratulated the Mayor on his re-election.
Councilmember Sullivan requested an update on graffiti
abatement at McKee and Acres.
Councilmember Sullivan provided information regarding a
citizen complaint about barking dogs and requested regulation
information.
Councilmember Sullivan encouraged the public to call their
representatives regarding serious potholes.
Councilmember Sullivan congratulated the Mayor on his re-election
and his representation of the City during the recent Presidential visit.
Vice-Mayor Couch congratulated the Mayor on his re-election and
gracious representation of the City during the President's visit last
week.
Vice-Mayor Couch requested staff contact the railroad
regarding trains blocking traffic at Rosedale and Landco and
request railroad company cooperation in not blocking roads.
Vice-Mayor Couch staff contact the County regarding the
addition of the crossing on Rosedale Hwy. west of Landco Dr.
into the Separation of Grade District.
16.
Bakersfield, California March 10, 2004 - Page 14
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Vice-Mayor Couch congratulated Jim Movius, City Planning, on
receiving the Regional Award of Merit for Distinguished Leadership
at the KERNcog Regional Awards Banquet for work performed on the
Northeast Bakersfield Open Space and related Parks and Trails Plan;
retired Water Resources Director, Gene Bogart, Regional Award of
Merit for Lifetime Achievement and Councilmember Salvaggio,
Regional Award of Merit for Lifetime Achievement.
Vice-Mayor Couch invited the community to attend the Grand
Opening of Fire Station 15 and the Westside Police Substation on
Monday, March 15 at noon.
Vice-Mayor Couch thanked Rhonda Smiley for her contribution to the
new Fire/Police facility.
Vice-Mayor Couch requested information regarding maintenance of
medians and roadside landscape. City Manager Tandy responded.
Vice-Mayor Couch requested information regarding the
formation of an Ad Hoc Committee to oversee the Highway 99
event.
Mayor Hall made comments regarding the visit of President Bush.
Mayor Hall made comments regarding his mayoral election.
16.
Bakersfield, California March 10, 2004 - Page 15
ADJOURNMENT
Mayor Hall adjourned the meeting at 9:00 p.m.
ACTION TAKEN
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004 AGENDA SECTION: I~0RKSHOP
ITEM: ~. ~L.,
TO: Honorable Mayor and City Council AP~P~OVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
DATE: March 9, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Presentation on the Keep Bakersfield Beautiful Committee and the Great American Clean Up.
RECOMMENDATION:
BACKGROUND: The City of Bakersfield hosted the nation's largest Gmat American Clean Up in 2003
with over 2500 volunteers cleaning up approximately 100 "hot spots" around the city. This year, KBB will
once again be coordinating the 2004 Gmat American Clean Up, to be held April 24th. Lunch and free t-
shirts will be provided, along with entertainment and exhibits.
Volunteers from around the city will clean up identified "hot spots" in each of the wards. Council is
encouraged to identify locations in their wards for clean up. City crews will support volunteers with
equipment and supplies.
SW - SM/smp
March 9, 2004, 5:03PM
G:\GROUPDAT~ADMINRPT~2004\03-24\GREAT AMERICAN CLEAN UP 2004.doc
ADMINISTRATIVE REPORT
Mr'~' uNG DATE: March 24, 2004
I ITEM:o~. b.
AGENDA SECTION:
Workshop
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
March 15, 2004
DEPARTMENT HEAD
c,w A OR.EV
CITY MANAGER ~
Update on the Restoration Status of the Fox Theater
RECOMMENDATION:
BACKGROUND:
The Fox Theater Foundation Board of Directors will give a brief update regarding
the theater's current operations and restoration status.
March 15, 2004, 10:45AM
S:V~dmin Rpts',2004\Fox Status 032404 Workshop.dot
JWS:al
ADMINISTRATIVE REPORT
'~'-G DATE: March 24, 2004
AGENDA SECTION: Consent Calendar
ITEM: H.o...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Cler~c.~
March 12, 2004
APPROVED
SUBJECT:
CITY ATTORNEY
CITY MANAGER
Approval of minutes of the March 10, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Consent Calendar
ITEM: /~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 11, 2004
.APPROVED
DEPARTMENT HEAD ~
CITY ATTORNE'~~
CITY MANAGER ~
Approval of department payments from February 27, 2004 to March 11, 2004 in the amount
of $7,571,783.56 and self insurance payments from February 27, 2004 to March 11, 2004
in the amount of $241,759.25
RECOMMENDATION:
Staff recommends approval of payments totaling $7,813,542.81
BACKGROUND:
klg
March 11,2004, 4:32PM
S:~imG\Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Consent
ITEM: ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 8, 2004
j ROVED
DEPARTMENT
CITY MANAGER ~-~
Ordinance adopting the Negative Declaration and amending Section 17.06.020 (Zone Map
102-36) of Title Seventeen the Bakersfield Municipal Code by Changing the zoning from an
R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 104.46
acres, generally located on the west side of Jewetta Avenue, approximately 600 feet north
of Stockdale Highway. (Engineer: Mclntosh and Associates / Developer: Castle and Cooke)
(File #03-1246) (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The project site is located on the west side of Jewetta Avenue about 600 feet north of Stockdale
Highway. The proposed zone change is from an R-1 (One Family Dwelling) zone to a PUD
(Planned Unit Development) zone to develop a gated and private street neighborhood of single
family residential homes for seniors. The PUD proposes to consist of 425 lots, a 3.24 private park
with community building, and other private landscape lots on 104.46 acres. The PUD and
associated Vesting Tract Map 6250 include lot and street designs differing from City standards. The
Planning Commission has conditionally approved related Vesting Tentative Tract Map 6250.
On January 15, 2004, the Planning Commission adopted Resolution No.06-04 recommending
conditional approval of PUD Zone Change # 03-1246. Commissioner Ellison stated his no vote
was made because he was in favor of a continuance due to his questions about the air quality
study. The applicant spoke in favor of the project at the public hearing. At the public hearing, Katie
Kerr, representing the Del Rio Area Concerned Citizens supported the project if it was limited to
senior residents. Condition No. 20 requires the development to be restricted to senior residents.
Renee Nelson, of the group Clean Water and Air Matter, spoke in opposition to the project based
on air quality and density impacts. No appeal was filed.
In accordance with the PUD zone, the applicant may request deviations from standards if the
project is of innovative design and diversification in the relationship of uses, buildings, lot sizes and
open space while ensuring substantial compliance with the General Plan and Municipal Code.
ADMINISTRATIVE REPORT Page2
Proposed design incorporates many elements of "new urbanism" which includes detached
sidewalks, greenspace throughout the subdivision, internal parks and open space, heavy tree
landscaping and traffic calming features along streets. All internal streets, parks and landscaping
are private and will be privately maintained. Landscaping along Jewetta will be publicly maintained.
The developer requests street and lot designs that deviate from City standards. Because the
proposed development is to be a private and gated street neighborhood, and improvements are to
be maintained by a homeowners association, the proposed deviations from City standards were
acceptable. The applicant has requested a reduction of the front yard setback from 25 to 20-feet.
The front yard setback is to be measured from flowline. In addition, the developer proposes a 5-1/2-
foot parkway behind curb for street trees along the private streets with a 2-foot pedestrian
easement in the front yards of some lots to provide the width needed for a 5-foot walkway adjacent
the parkway. The project depicts several lot sizes. The majority of lots are in the range of 5,000 to
5,500 square feet, which is less than the 6,000 square foot minimum standard. Other lots range in
the 6,600 to 8,500 square feet in size.
The project site is located within the "South of Brimhall" project area (GPA/ZC # P01-1019) for
which the City Council adopted Resolution # 88-02. Resolution # 88-02 requires the developer
(Castle and Cooke) to provide an equestrian trail from Allen Road to the vicinity of the City's soccer
park, and $30,000 in fees for staging area improvements. This condition is shown as Condition No.
25 of Exhibit A.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment. A Negative Declaration was prepared and noticed in
accordance with CEQA.
JENG
Adrnin\mart3-24-6250
ADMINISTRATIVE REPORT
Mb,- I lNG DATE: )larch 24, 2004 AGENDA SECTION: Consent Calendar
ITEM: fi. ¢~**
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD /~/'~"
DATE: March 15, 2004 CITY ATTORNEY /'~'
CITY MANAGER ~
SUBJECT:
Ordinance enacting Chapter 9.23 (Assessment of service fee for costs for loud or unruly
events)
RECOMMENDATION:
The Legislative and Litigation Committee recommends first reading of this ordinance.
BACKGROUND:
Section 9.22 of the Bakersfield Municipal Code governs noise and amplified sound and provides for
assessment of a service fee if enforcement personnel respond more than one time in a thirty-day period
for violation(s) of this chapter. Due to complaints for loud and unruly parties, the Legislative and
Litigation Committee requested proposed legislation that would give the City some greater recourse
against the responsible parties. This proposed additional chapter defines loud or unruly events and
provides a means for recovering the costs incurred by the city for police and fire personnel participating
in a second response to a loud or unruly event, up to $1,000, from the person or persons responsible for
such event.
S:\COU NClL~Admins\9.23Noise-Loud&Unruly,doc
3/15/2004 2:56 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Consent
TEM: H,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 8, 2004
DEPARTMENT HEAD ~..'/'7~.
CITY ATrORNE¥~
/
CITY MANAGER
An ordinance amending the Bakersfield Municipal code Sections § 1.12.020, 1.12.040 and
1.12.060 by adding Annexation No. 443 located (1) west of Jewetta Avenue approximately
700 feet south of Birchhaven Drive and (2) at the southwest corner of Beale Avenue at
Bernard Street to Ward 2 and Ward 4 and Annexation No. 445 located between Ashe Road
and Gosford Road, generally north of McCutchen Road to Ward 6. 0Nards 2, 4 and 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on March 10, 2004.
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:pjt
Admin\mar~3-24-443-445
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
I AGENDA SECTION: Consent
ITEM NO: ,~. ,~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
February 23, 2004
CITY ATTORNE?~
CITY MANAGER
SUBJECT: Adoption 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)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of this ordinance occurred on March 10, 2003.
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 wails 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 Planning Commission
recommended that the City Council approve the request with a unanimous vote.
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 10, 2004
APPROVED
DEPARTMENT HEAD ~
ClTY ATTORNEY
ClTY MANAGER ~
Resolution authorizing the filing of an application with the Kern Council of Governments for
allocation of Transportation Development Act funds for Fiscal Year 2004-05 to be utilized
for the maintenance of the Bakersfield Amtrak Station during said fiscal year. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern Council of
Governments (Kern COG). TDA Article 4 Public Transportation funds have been used by Kern COG to
address transit problems. Golden Empire Transit and other transit service-oriented organizations have
been receiving these local transit funds to provide for the transportation needs within the City of
Bakersfield. The City of Bakersfield is also eligible for TDA Article 4 Public Transportation funds to offset
maintenance costs for the Bakersfield Amtrak Station.
As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of the site.
These Article 4 Transportation Development Act funds can be used to pay for those maintenance
activities. This Resolution authorizes staff to submit an application for those funds.
March 10, 2004, 3:52PM
G:\GROUPDA'r~ADMINRP'r~004\03-24\Amtrak TDA Funds Admin.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. h'
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 26, 2004
DEPARTMENT HEAD ,~.VED
CITY ATTORNEY /~k~
CITY MANAGER ~
Transportation Impact Fee Agreement with Stonecreek Partners, Inc. for Tract 6124
(Estimated Impact Fee Credit - $57,394), located on Wible Road north of McKee Road.
(Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Stone Creek Partners, Inc. has constructed a portion of McKee Road, from Wible
Road to Lima Street with their Tract 6124 phase 2. Of the improvements constructed by Stonecreek
Partners, one westbound lane of McKee Road is listed on the Transportation Impact Fee Facilities List.
Stonecreek Partners has requested that all of the transportation impact fee credit available from this
improvement be applied to lots within Tract 6124-1 and 6124-2. The available credit is estimated at
$57,394.
March 1, 2004, 10:11AM
G:\G ROU PDAT~ADMIN R P7~2.004\03-24\6124-2TIFadm in.dot
ADMINISTRATIVE REPORT
MEETING DATE: )(arch 24, 2004
AGENDA S.ECTION: Consent Calendar
ITEM: ~. I.
r
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 11, 2004
APPROVED
DEPARTMENTHEA~~*"'-~'
CiTY ATTORNEY
ClTY MANAGER
SUBJECT: Agreement with Terry L. and Saundra E. Houchin to purchase real property at 7700 Brimhall
Road for $253,610, with ISTEA funds. Land to be used as right of way for the Westside
Parkway (Ward 4).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is acquiring properties for the Westside Parkway. The property being acquired is a
60,696 square foot rectangular shaped parcel located at the proposed Coffee Road interchange of the
Westside Parkway. The property is owned by Terry L. and Saundra E. Houchin. The purchase price of
$253,610 represents the property's fair market value as determined by an appraisal prepared by Michael
C. Burger, MAI of the independent real estate appraisal firm, Michael Burger & Associates.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
March 11, 2004, 3:56PM
P:~admin reports\parkway houchin.doc
DMA/s
ADMINISTRATIVE REPORT
MEETING DATE: Harch 24, 2004
AGENDA SECTION: Consent Calendar
TEM: q'3'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
March 11, 2004
APPROVED
DEPARTMENTHEAD.,'U~--~-~
CITY ATTORNEY
CITY MANAGER~
SUBJECT: Agreement with George R. & Deborah E. Daisa and Milton E. & Suzanne Bachman to
purchase real property located in an unincorporated area of Bakersfield, south of Rosedale
Highway on Mohawk Street for $224,053, with ISTEA funds. Land is to be used as right of way
for the Mohawk Extension Phase of the Westside Parkway.
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is acquiring properties for the Westside Parkway. The right of way being acquired
is a 2,092.5 square foot rectangular shaped area improved with three older commercial buildings, located
south of Rosedale Highway for the Mohawk Extension phase of the Westside Parkway. The property is
owned by George R. & Deborah E. Daisa and Milton E. & Suzanne Bachman. The purchase price of
$224,053 represents the property and improvement's fair market value as determined by an appraisal
prepared by Randy Merriman, MAI of the independent real estate appraisal firm, Karpe Fisher Merriman
Inc.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
March 11, 2004, 3:57PM
P:~drnin reports\parkway daisa.doc
DMNs
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
(5)
(6)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 5, 2004
Tract Maps and Improvement Agreements
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Final Map and Improvement Agreements with Fairway Oaks South, L. P. for Tract 6079
Unit 1 located south of Pacheco Road and west of Old River Road. (Ward 5)
Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar
Bakersfield, Inc., for Tract 6077 Unit 9 located north of Olive Drive and west of Calloway
Drive. (Ward 4)
Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract
6199 located north of Chamber Boulevard and east of South Allen Road. (Ward 5)
Final Maps and Improvement Agreements with Castle & Cooke California, Inc., for Tract
6150 Units 1 and 2 located north of Chamber Boulevard and east of South Allen Road.
(Wad 5)
Final Maps and Improvement Agreements With Castle & Cooke California, Inc., for Tract
6151 Units 1 and 2 located north of Chamber Boulevard and east of South Allen Road,
(Ward 5)
Final Maps and Improvement Agreements with Castle & Cooke California, Inc., for Tract
6223 Units 1 thru 7 located south of Chamber Boulevard and east of South Allen Road.
(Ward 5)
RECOMMENDATION: Staff Recommends approval of the map and agreement.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
March 8, 2004, 8:25AM
G:\GROUPDAT~ADMINRPT~2004\03-24\MAP AND IMPROVEMENT AGR,dot
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004 Consent
AGENDA SECTION:
ITEM: ~. I.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 10, 2004
AiaI~:IQ~ED
DEPARTMENT HEAD Y =,/~
CITY ATTORNEY ~"~P~'~
CITY MANAGER /'~
Agreements for preparation of an Environmental Impact Report for General Plan
Amendment/Zone Change 03-1544 (Buena Vista Ranch). (Ward 5)
Agreement between Castle & Cooke Commercial-CA, Inc., a California Corporation and the City of
Bakersfield for the preparation of an Environmental Impact Report (EIR) and appropriation of
$47,140.00 developer's contribution to the Development Services Operating Budget in the general
fund.
Agreement between Michael Brandman Associates and the City of Bakersfield for $142,860.00 to
prepare an Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 03-
1544 (Buena Vista Ranch).
RECOMMENDATION:
Approve agreements and appropriation.
BACKGROUND:
Castle & Cooke Inc. is proposing the Buena Vista Ranch project (GPA/ZC 03-1544) which is located
generally south of Ming Avenue and west of Buena Vista Road and Allen Road (see Exhibit "1" and
Exhibit "2"). The proposal encompasses 2,181 acres and will include a variety of land uses (see
project description below). The project requires preparation of an Environmental Impact Report.
Applicant-City Agreement:
This agreement sets forth the role and financial responsibility of the City of Bakersfield and Castle &
Cooke, Inc. regarding the preparation of an Environmental Impact Report (EIR) for GPA/ZC 03-
1544 (Buena Vista Ranch). This agreement also acknowledges that Castle & Cooke, Inc. will pay
all costs associated with the preparation and completion of the EIR. The total EIR cost is
$190,000.00, which consist of $142,860.00 for consultant services and $47,140.00 to reimburse the
City for its costs.
ADMINISTRATIVE REPORT Page2
Consultant-City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
Amendment/Zone Change 03-1544 (Buena Vista Ranch).
Project Description:
The project is an amendment to the Land Use Element and the Circulation Element of The
Metropolitan Bakersfield General Plan and a concurrent Zone Change. The proposed Land Use
and Circulation Element and the Zone Change will consist of Iow density residential (4,207 units),
Iow medium density residential (606 units), high medium density residential (1537 units), high
density residential (238 units), commercial (74.41 acres), light industrial (217.18 acres), schools
(68.36 acres), parks and lakes (205.17 acres), public facility (Canal 20.38 acres), and the West
Beltway and streets. The gross area is 2181.46= acres. The project includes annexation of
±1736.36 acres to the City of Bakersfield and amendment to the Sphere of Influence boundary. The
Circulation Element amendment includes a realignment of White Lane, deletion of Renfro Road, as
an Arterial, and realignment of numerous collectors within the project area. The project site is
currently under agricultural production with some oil extraction facilities in the southerly portion of
the site.
WC
Admin\mar~3-24-1544
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~, h'~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 10, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Amendment No. 1 to Agreement No. CA 03-053 in an amount of $25,000 (total contract not
to exceed $50,000) with law firm of Duane Morris for outside legal services in the matter
before the California Public Utilities Commission relating to the Kern Power Plant.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
In October 2003 PG&E requested the Public Utilities Commission approve their sale of its Kern
Facility to North American Power Group. The City retained the services of Duane Morris, a San Francisco
based law firm, to oppose the sale. The initial cost was not to exceed $25,000. The City submitted written
opposition to the sale on multiple grounds.
On March 9, 2004 the administrative law judge issued a draft ruling that the application to transfer
the power plant was barred by Public Utility Code § 377 and dismissed the application. The City expects
the Public Utilities Commission to uphold this ruling.
Colin Pearce, from Duane Morris, has represented the City's interests well. It is recommended the
Attorney Retainer Agreement with Duane Morris be amended to include an additional $25,000 for a total
not to exceed cost of $50,000 for this representation. This will allow the final bill to be paid, with a small
amount remaining for monitoring until the PUC has ratified the decision and the matter closed.
ADD:Is
S:\COUNCIL~Admins~ttyRetaine ram(Jmnt.doc
March 11, 2004, 3:52PM
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~, I~..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 12, 2004
Purchase of additional refuse carts:
1.
DEPARTMENT HEAD
CITY A'I-rORNEY
CITY MANAGER
APPROVED
Extend bid from Rehrig Pacific, Inc. to purchase 1,584 additional refuse carts for
$65,513.45 to meet unanticipated increases in demand.
Appropriate $66,000 Solid Waste Fund Balance to the Public Works Department's
operating budget.
RECOMMENDATION: Staff recommends approval of bid extension and appropriation.
BACKGROUND: A bid to purchase refuse, greenwaste and recycling containers from Rehrig Pacific
Company for the Solid Waste Division was approved by the City Council on July 9, 2003. The quantities
for refuse and greenwaste containers purchased were sufficient to meet the budget estimate based upon
recent years' growth. However, an unforeseen surge in new services during FY 2003-04 has depleted the
supply of refuse and greenwaste containers available for distribution.
All carts from the bid have been purchased and distributed to City residents. The bid awarded to Rehrig
Pacific provides for the option of extending bid prices up to twelve months from the date of the award. To
provide timely services to City residents for the rest of the fiscal year, the City needs to purchase 432
additional refuse and 1,152 additional greenwaste carts with this bid extension.
March 10, 2004, 9:22AM
G:\GROUPDAT'~ADMINRPT~.004\03-24\Fund Bal Appropriation for Greenwaste Cads.doc
ADMINISTRATIVE REPORT
MEETING
TO:
FROM:
DATE:
DATE: March 24, 2004
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM: ~0 0.
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
March 11, 2004
APPROVED
DEPARTMENT HEAD(~/Z~.~,r,'
CITY ATTORNEY.~__~
CITY MANAGER
Community Development Block Grant (CDBG) Action Plan Amendment No. 10 (FY 01/02),
Amendment No. 11 (FY 02/03, and Amendment No. 5 (FY 03/04). (Wards 1,2, 3)
1) Transfer $377,709 from the CDBG fund Operating Budget to the Capital Improvement
Budget for the Planz Park Wet Play Area and Street Reconstruction in HUD eligible areas.
2) Transfer $210,000 from the CDBG fund Operating Budget to the Capital Improvement
Budget for acquisition and demolition activities for the Old Town Kern Mixed-Use Project.
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.
Below is a summary of the proposed changes included in these amendments:
Cancel:
Business Loan Program
FY 01/02 ($36,077)
FY 02/03 ($37,000)
FY 03/04 ($83,923)
Lowell Park Community Center
Improvement Project
FY 02/03 ($93,000)
Total ($250,000)
Cancel: Business Loan Program Add
FY 03/04 ($220,709)
Add Planz Park - Wet Play Area Project
Total $250,000
Street Reconstruction Improvements
in HUD eligible areas.
Total $220,709
S:~,dmins\City Council~action plan amendment 03-24-04.doc
3/11/2004 1:50 PM
ADMINISTRATIVE REPORT Page 2
A public notice was published Februa~ 23, 2004 to begin tha 30-day public comment period for this
amendment. To date no comments have been received.
In addition, on January 14, 2004 City Council approved Amendment No. 2 FY 03/04 to the CDBG Action
Plan for the Acquisition and Demolition Program for $210,350 towards the Old Town Kern Mixed-Use
Project. The request transfer of these funds from the Operating Budget to the ClP Budget was
unintentionally omitted from the administrative report.
S:~Admins\City Council~action plan amendment 03-24-04.doc
3/11/20041:50 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Consent Calendar
ITEM: q.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 17, 2004
APPROVED
DEPARTMENT .EAD~'~ '~ ~,
A OR.EV
C, MA.AGER
Amendment No. 1 ($200,000 increase for a total compensation of $520,000) to Agreement
No. 03-156 with Gilliam & Sons, Inc. for earthmoving and hauling; and to appropriate
$170,000 Sewer Enterprise Fund Balance to the Capital Improvement Budget for
emergency levee repairs required at Wastewater Treatment Plant 2 effluent storage
reservoir 0Nard 1).
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: On June 11, 2003, the City Council approved the annual contract for earthmoving and
hauling services for $320,000. This annual contract amount is nearly exhausted due to emergency levee
repairs required at Wastewater Treatment Plant 2 effluent storage reservoir. Costs for this project are
estimated at $170,000 with the majority of this amount payable to the annual contractor. In addition, the
contract runs until June 13, 2004, and the compensation clause should be increased to ensure sufficient
funds are available for other city projects. Staff recommends that the annual contract be increased by
$200,000 for these reasons.
The following narrative describes the emergency levee repairs required at Wastewater Treatment Plant 2
effluent storage reservoir. On November 21, 2003, City wastewater personnel observed water seeping
out of the base of a 12' high levee along the west side of an effluent storage reservoir at Wastewater
Treatment Plant 2. The reservoir was full and water was leaking out of an animal burrow at the bottom of
the levee. City personnel immediately began taking steps to evacuate water from the reservoir and stop
the leak. A workforce comprised of City and Contract personnel was mobilized and by that evening, the
leak was stopped.
City Engineering Staff determined that the portion of the levee that had been damaged by the rodent
would require excavation and reconstruction. While there are eight reservoirs for Wastewater Treatment
Plant 2 effluent storage, the plant can only discharge into Reservoir W3, the one with the damaged levee.
Because of the critical need, the reservoir was partially drained and repairs were initiated on November
24th.
The City of Bakersfield acted as the General Contractor for the project. City workforce and forces from
Gilliam and Sons Inc. performed the work. 700 feet of levee was excavated and reconstructed in just 28
days. The reservoir was put back into full service on December 18th, 2003.
G:\GROUPDAT~DM[NRPT~2.004~04-14\emerg levee repair admin.doc
OW/dw
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004 AGENDA SECTION: Closed Session
ITEM: ~. 0..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 11, 2004
DEPARTMENT HEAD
ClTY ATTORNEY
ClTY MANAGER
APPROVED
Conference with Real Property Negotiators pursuant to Government Code § 54956.8
Property: Right of Way - approximately 1/2 mile west of Allen Road
running east to approximately Y2 mile east of Calloway Drive
Agency Negotiators: Finance Director Gregory Klimko, and
Real Property Manager Donald Anderson
Negotiating Parties: Castle & Cooke
Under Negotiation: Price and terms of payment for pumhase
RECOMMENDATION:
BACKGROUND:
VG:ls
S:\COUNCIL\CI Sess~Admins\Rightof Way
3/I 1/2004
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Closed Session
ITEM: :5'. 1O.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 11, 2004
APPROVED
DEPARTMENT HEAD ~/'~-
CITY A'I'rORNEY f'/'~--'~
CITY MANAGER ~
Conference with Real Property Negotiators pursuant to Government Code § 54956.8
Property: 24th/Oak Street
Agency Negotiators: Finance Director Gregory Klimko, and
Real Property Manager Donald Anderson
Negotiating Parties: Tom Carosella and John Sarad with Birkshire Properties
Under Negotiation: Price and terms of payment for purchase
RECOMMENDATION:
BACKGROUND:
VG:ls
S:\COUNClL\Cl Sess~,dmins~24th-Oa kSt.doc
MEETING DATE:
ADMINISTRATIVE REPORT
March 24, 2004
AGENDA SECTION: Closed Session
ITEM: §. ~..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 16, 2004
DEPARTMENT HEAD
CITY ATI'ORNEY
CITY MANAGER
APPROVED
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
(1) Bakersfield Citizens for Local Control v. City of Bakersfield/Castle & Cooke
Kern County Superior Court Case No. 249668 KCT
(2) Bakersfield Citizens for Local Control v. City of Bakersfield/Panama 99
Kern County Superior Court Case No. 249669 KCT
RECOMMENDATION:
BACKGROUND:
VG:ls
March 16, 2004, 9:56AM
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Presentations
TEM: t O.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 11, 2004
~OVED
DEPARTMENT HEAD.~[__
CITY ATTORNEY
CITY MANAGER ~
Presentation by Mayor Hall of Proclamation to Eleanor Ozaeta, President of the Local
Chapter of ARMA, proclaiming April, 2004. as "Records and Information Management
Month".
RECOMMENDATION:
BACKGROUND:
ndw
March 12, 2004, 10:32AM
S:\MAYOR\ADMIN\RECORDS AND INFORMATION MANAGEMENT MONTH.dot
ADMINISTRATIVE REPORT
IMEETING DATE: March 24, 2004
AGENDA SECTION: Presentations
ITEM: lO. 113.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 11,2004
DEPARTMENT H EAD.~I
CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health
Services, Kern County Department of Public Health, proclaiming April 3-9, 2004, as "Public
Health Week".
RECOMMENDATION:
BACKGROUND:
ndw
March 11, 2004, 3:29PM
S:\MAYOR~ADMIN\PUBLIC HEALTH WEEK.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
March 10, 2004
CITY MANA,G'ER ~
SUBJECT:
Zone Chanae 03-1133 - ADoeal hearinq (Sierra Club - appellant) and first readinq of
ordinance for zone chanae aoolication by Aera Enerqy, L.L.C. (Ward 3)
An ordinance upholding the decision of the Planning Commission, denying the appeal by
the Sierra Club, adopting a Negative Declaration and amending Section 17.06.020 (Zone
Map no. 104-07) of title seventeen of the Bakersfield Municipal Code by changing the
zoning from A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside
Development) to R-1-HD (One Family Dwelling- Hillside Development) on 160± acres
generally located north of Paladino Drive, west of the proposed Morning Drive alignment, in
the northwest quarter of Section 7, T29S, R29E. (File #03-1133)
RECOMMENDATION:
Staff recommends denying the appeal and first reading of the Ordinance.
BACKGROUND:
On February 5, 2004, the Planning Commission adopted Resolution No. 10-04 recommending
approval of a zone change from A (Agriculture) to R-1 (One Family Dwelling) and A-HD
(Agriculture-Hillside Development) to R-1-HD (One Family Dwelling- Hillside Development) to
obtain consistency with the General Plan for future development of 160-*- acres of land. The land,
owned by Aera energy, L.L.C., is generally located north of Paladino Drive, west of the proposed
Morning Drive alignment. The action of the Planning Commission was appealed by Gordon L.
Nipp, Ph.D, representing the Sierra Club.
Aera Energy has applied for this subject zone change to bring the zoning of the land into
consistency with the approved General Plan designation of the site. An Environmental Impact
Report (EIR) was certified on December 11, 2002 for the Metropolitan Bakersfield General Plan.
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 or
cumulative impacts which were not discussed in the EIR prepared for the General Plan.
ADMINISTRATIVE REPORT Page2
The Sierra Club filed an appeal objecting to the Planning Commission's approval of the zone
change and Negative Declaration, requesting an Environmental Impact Report (EIR) be prepared
(Background Attachment #1). The Sierra Club's letter of appeal states that 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.
During the Planning Commission's public hearing process, the Sierra Club presented a letter
addressing several issues including those which are contained in their appeal letter to the City
council. Staff provided responses to the Sierra Club's concerns, which were made part of the
record for consideration of the Planning Commission's recommended approval of the Negative
Declaration for this project. Staff's responses to the Sierra Club concerns and the letter containing
the Sierra Club's concerns are included as Background Attachment #2.
Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and
incorporated into the Negative Declaration (Background Attachment #3) recommended for
approval for this project.
Conclusion.
Staff recommends the Council deny the appeal, uphold the decision of the Planning Commission,
and conduct first reading of the ordinance approving the zone change from A (Agriculture) to R-1
(One Family Dwelling) and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family
Dwelling- Hillside Development), with conditions as shown.
LP
Admin~-nar~3-24-1133
ADMINISTRATIVE REPORT
I MEETING DATE: March 24, 2004 I AGENDA SECTION: Consent Calendar
ITEM: Ir3.~.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: March 12, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
An Ordinance Amending Section 8.44.030 of the Bakersfield Municipal Code Relating to
Fireworks (First Reading 3-10-04)
RECOMMENDATION:
Staff recommends referral back to Legislative and Litigation Committee.
BACKGROUND:
The ordinance was given first reading at the City Council meeting of March 10, 2004.
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 recommended that Council approve 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.
During the March 10th Council meeting, Councilmember Maggard asked about the calculations of the
application fee; requested a list of all permit holders, including "grandfathered" permit holders and also
identifying charitable ones from those for-profit; and requested the pros and cons of eliminating the
"grandfathered status.
In staff's preparing the responses to Councilmember Maggard's questions, a number of other questions
have arisen. They involve concerns about the grandfathering of for-profit booths; grandfathering of
multiple booths for individual non-profits; questions regarding the number of booths and whether it is
good public policy to continually increase the number of available booths based on population
March 17, 2004, 2:33PM
S:\'CrS~Leg-Lit-Com\Fireworks admin 032404.doc
ADMINISTRATIVE REPORT
increases; and concerns that all costs related to the oversight and regulation of the fireworks booths are
not being fully recovered since work by some city employees involved in this process may not have
been factored in to the proposed fee. The Fire Chief also has expressed concerns regarding the
impact on fire safety due to an increase in the number of fireworks booths in the City. Staff is doing
additional reseamh on how fireworks are regulated in other communities in order to provide the Council
with a more complete picture of this issue, its implications and alternatives. This issue also is impacted
by how fireworks stands are regulated in the unincorporated areas by the County since they also allow
fireworks stands. Because of these concerns and the complexity of this issue staff is recommending
that it be referred back to the Legislative and Litigation Committee for further study.
March 17, 2004, 2:33PM
S:\TrS~Leg-Lit-Ccm\Fireworks admin 032404.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 24, 2004
AGENDA SECTION: Reports
TEM: t~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
March 17, 2004
./~. P./~,I:~OV E D
DEPARTMENT HE(AD
C,TY ATrO RN~Y~L_~ ~.)~
C,TY MANAGER
Report on work to expand the City's Sphere of Influence Boundary, Municipal Services
Report, and discussions with LAFCO about its role in City development.
RECOMMENDATION: Accept report.
BACKGROUND: Work is continuing on the expansion of the City's Sphere of Influence boundary and
staff has met and discussed with LAFCO the issue of the Municipal Services Report that is being prepared
for the City. In addition, the Planning Director participated in a LAFCO workshop to discuss LAFCO's role
in evaluating proposed growth by cities and special districts.
S:\Pam~.dmin\L_AFCO for Stan.dot