HomeMy WebLinkAbout05/12/04_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MAY 12, 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
(30 min)
a. Presentation of the Proposed FY 2004-05 Budget. (StaffPrasentation byAlan Tandy, City Manager)
3. PUBLIC STATEMENTS
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of April 28, 2004.
Payments:
Approval of department payments from April 16, 2004 to April 29, 2004 in the amount of
$8,869,640.93 and self insurance payments from April 16, 2004 to April 29, 2004 in the
amount of $257,643.53.
Ordinances:
(Ward 7)
First Reading of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-26 from R-1 (One Family Dwelling) to R-l/CH
(One Family Dwelling-Church) on 7.28 +acres, located south of Panama Lane, east of Stine
Road, north of the Arvin-Edison Canal (Ridgeview Family Worship Center).
(Ward 4)
First Reading of Ordinance adopting the Negative Declaration and amending Section
17.06.020 (Zone Map No. 102-30) of Title 17 of the Municipal Code by changing the zoning
from an R-2 (Limited Mulitple Family Dwelling) zone to a PUD Planned Unit Development)
zone on 9.97 acres to allow development of 68 multiple family units (17 four plex buildings)
and a private recreational area located on the north side of Brimhall, 1,000 feet east of
Jewetta Avenue. (Engineer: Mclntosh and Associates/Developer: Lakshmana Arasu) (File
#04-0158)
Resolutions:
(Ward 4) e.
Resolution adding territory, Area 1-46 (Jewetta, Noriega NW-II) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
(Ward 1,2,5,6,7) f.
Resolution proposing Expansion No. 20 of the boundaries of the Southeast Metropolitan
Bakersfield Enterprise Zone.
Resolution approving State funding assistance for obtaining a potential off-highway vehicle
park.
Amendment No. 1 to Resolution No. 198-03 setting the dates of Regular City Council
Meetings, Department Budget Presentations, and Budget Hearings for January through
December 2004.
(Wards 4,7)
(Ward 4)
(Wards 5,6,7)
(Ward 2)
(Ward 6)
CONSENT CALENDAR continued
Resolutions of Application proposing proceedings for annexation of uninhabited territory to
the City property identified as Annexation No. 461 located at the southwest corner of Reina
Road and Allen Road, and, Annexation No. 462 located at the southeast corner of Hosking
Avenue and South Union Avenue and along the north side of Rosedale Highway, generally
west of Henry Lane.
Resolution approving development plan review for construction of 416 multiple family
dwellings in two phases of 208 units on 27.36 acres zoned R-2 PUD (Limited Mulitple Family
Dwelling-Planned Unit Development) located at 4185 Patton Way and 7800 Meany Avenue.
(Project No. 04-0233, Jim Ward Architect/Meany Properties, LLC)
Agreements:
k. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with GMAC Model Home Finance and
Lennar Bakersfield, Inc., Tract 6082 Units 5 & 7 located north of Pacheco Road and
east of Mountain Vista Drive.
Final Map and Improvement Agreement with Harry Hardy for Tract 5944 Unit 4
located south of McKee Road and west of Akers Road.
Final Map and Improvement Agreements with Machado Family Trust and Ringsdale
Investment, LLC, for Tract 6255 located north of Panama Lane and east of Akers
Road.
Agreement with Aquatic Club of Bakersfield to receive rental revenue (one year term, not
to exceed $60,000.00) for rental of lanes at McMurtrey Aquatic Center.
Environmental Impact Report for General Plan Amendment/Zone Change 04-0057 located
generally south of Panama Lane and west of Gosford Road (Gosford-Panama Development
Project):
Agreement with Gosford Panama Partners, LLC for initial payment of $162,261.00
for the preparation of an Environmental Impact Report (EIR).
Agreement with RBF Consultants ($124,816.00) to prepare and Environmental
Impact Report (EIR).
Appropriate $162,261.00 developer's contribution to the Development Services
operating budget in the General Fund.
Amendment No. 3 to Agreement No. 00-9 with Thyssenkrupp Elevator Corporation (increase
of $45,000.00, for a revised not to exceed compensation clause of $125,000.00) to extend
the term for elevator maintenance in City facilities and to revise notification procedures.
Amendment No. 1 to Agreement No. 99-213 with SBC/MCI WorldCom CALNET to extend
telephone services.
Amendment No. 2 to Agreement No. 01-018 with AmeriNational Community Services, Inc.
($34,000.00) to extend the term of the agreement by two years for loan processing services.
(Ward 2)
(Ward 2)
(Ward 3)
(Ward 4)
(Ward 1)
CONSENT CALENDAR continued
q. Earthmoving, Hauling and Equipment Rental Agreement:
1. Amendment No. 2 to Agreement No. 03-156 with Gilliam & Sons, Inc. ($250,000.00
increase, for a revised not to exceed compensation amount of $770,000.00) for
earthmoving and hauling services.
2. Appropriate $250,000.00 Solid Waste Fund Balance to the Public Works Operating
Budget.
r. Amendment No. 1 to Agreement No. 04-002 with D. W. Sivers Company to sell real
property:
1. Remove language in the Conveyance Deed that allows the property being conveyed
by the City, to revert back to the City if the property is not developed and replace the
language with the requirement for a construction and performance bond for the value
of the construction loan to assure development completion.
2. Extend the project completion deadline to December 31, 2006.
3. Authorize the assignment of the Agreement to Maya Cinemas.
s. Scoreboard repairs at Centennial Garden:
1. Amendment No. I to Agreement No. PW03-086 ($20,000.00 for a revised contract
amount of $44,999.00) for scoreboard repairs at Centennial Garden.
2. Appropriate $20,000.00 Capital Outlay Fund balance to the Capital Improvement
Budget.
t. Chester Avenue Streetscape Project:
1. Contract Change Order No. I to Agreement No. 03-348 with Granite Construction
Company ($55,915.48 for a revised total amount of $401,749.46) for the Chester
Avenue Streetscape Project between 34t~ Street and West Columbus.
2. Appropriate $20,000.00 Gas Tax Fund balance to the Capital Improvement Budget.
Bids:
Miscellaneous:
u. Dedication of Property located approximately 1442 feet east of Coffee Road and Meany
Avenue:
1. Quitclaim Deed to Riverlakes Investment Corporation, LLC. for a temporary flowage
and drainage easement, for sump purposes over Parcel 18 of Parcel Map 10854.
2. Quitclaim Deed to Riverlakes Investment Corporation, LLC. for that portion of that
certain easement for canal purposes.
v. Appropriate $50,000.00 General Aviation Fund balance to the Capital Improvement Budget
for taxilane modifications and utility installation at the Bakersfield Municipal Airport.
Staff recommends adoption of Consent Calendar items a through v.
3
(Ward 3)
(Ward 5)
(Ward 3)
CONSENT CALENDAR HEARINGS
Consolidated Public Hearing to consider Resolution denying the appeals by Mclntosh &
Associates of determination of incompleteness for Vesting Tentative Tract Maps 6257, 6258,
6259, 6260, 6261,6263, 6264, 6265, 6266 and 6267 (City in the Hills) located between State
Route 178 and Paladino Drive west of Masterson.
Staff recommends continuance of hearing to the August 4, 2004 meeting.
General Plan Amendment/Zone Change 03-1473; SMITHTECH/USA, Inc. has proposed a
general plan amendment and an ordinance amendment on 60+ acres along the north side
of Panama Lane approximately one-fourth mile west of Buena Vista Road.
Resolution approving the negative declaration and approving the general plan
amendment to change the land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential).
First Reading of Ordinance adopting the negative declaration and amending Title 17
of the Municipal Code and Zoning Map No. 124-07 to change the zoning district from
A-20A (Agriculture-20 Acre Minimum) to R-1 (One-Family Dwelling).
Staff recommends adoption of resolution adopting the negative declaration, approving the Genera/
Plan Amendment and give first reading to the ordinance.
General Plan Amendment/Zone Change 03-1545; Blumer Development is proposing a multi-
family residential development, with the Church combining zone, on 29.56 acres located
adjacent on the south side of Paladino Drive, approximately a quarter mile west of Morning
Drive. Conditions of approval have been appealed by the Development Services Director.
Resolution adopting the negative declaration and approving the General Plan
Amendment to change the land use designation from LR (Low Density Residential)
to HMR (High Medium Density Residential) on 29.56 acres.
First Reading of Ordinance adopting the negative declaration and approving the
proposed amendment to Title 17 of the Municipal Code and Zoning Map No. 103-13
to change the zoning from R-1 (One Family Dwelling) to R-2-CH (Limited Multiple-
Family Dwelling-Church) on 29.56 acres.
Staff recommends adoption of resolution upholding the appeal and give first reading to the
ordinance.
CLOSED SESSION
Closed Session pursuant to Government Code Section 64957.6; Conference with Labor
Negotiator.
Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9. 1) Abrego, et al v City, 2) Goland and Roy v
Wright, City, and 3) City v NAPG, et al.
Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to
subdivision (c) of Government Code Section 64956.9. One potential case.
4
RECONVENED MEETING - 7:00 p.m.
7. ROLL CALL
8. INVOCATION by Father Shane Kelloggs, Church on the Rock.
9. PLEDGE OF ALLEGIANCE by Jackie Rubalcado, 5th Grade Student at Voorhies Elementary School.
10. CLOSED SESSION ACTION
11. PRESENTATIONS
Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to Thomas A.
Richardson for 20 years of service with the City.
Presentation by Mayor Hall of Proclamation to Ross Elliott, Director of Kern County
Department of Emergency Medical Services, proclaiming May 16 - 22, 2004, as "Emergency
Medical Services Week".
12. PUBLIC STATEMENTS
13. HEARINGS - Council may hear Consent hearing items listed but not heard at 5:15 pm portion of meeting
(Ward 3)
Public Hearing to consider Resolution denying the appeal, upholding the Planning
Commission's adoption of the negative declaration, and approval of Vesting Tentative Pamel
Map 11013 located on the west side of Masterson Street, north and south of State Route
178. (Appellant: Renee Nelson by Herum Crabtree and Brown/Engineer: Mclntosh &
Associates/Subdivider: S & J Alfalfa Inc. and Mountain Vista Bravo, LLC)
Staff recommends adoption of resolution upholding the Planning Commission's decision to approve
the negative declaration and Vesting Tentative Parcel Map 11013 and deny the appeal.
(Ward 7)
General Plan AmendmentJZone Change 03-1537; Derrel's Mini Storage, Inc. (c/o Marino &
Associates) is proposing a mini-storage and recreational vehicle (RV) storage facility on 15
acres located on the west side of Wible Road, just south of Panama Lane. Conditions of
approval have been appealed by the applicant.
Resolution adopting the negative declaration and approving the General Plan
Amendment to change the land use designation from HMR (High Medium Density
Residential) to GC (General Commercial) on 15 acres.
First Reading of Ordinance adopting the negative declaration and approving the
proposed amendment to Title 17 of the Municipal Code and Zoning Map no. 123-26
to change the zoning from R-2 (Limited Multiple Family Dwelling) to P.C.D. (Planned
Commercial Development) on 15 acres.
Staff recommends adoption of resolution denying the appeal and give first reading to the ordinance.
14.
15.
16.
REPORTS
a. Planning and Development Committee Report concerning air pollution mitigation.
Committee recommends that a voluntary program to reduce subdivision air impacts to zero be
developed to see if that would break the litigation cycle.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
pi
5~6~04 12:18 am
Respectfully submitted,
Alan Tandy
City Manager
AGENDA HIGHLIGHTS
MAY 12, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
WORKSHOP
City Manager, Alan Tandy will give a detailed overview of the FY 2004-05 Proposed Budget.
CONSENT CALENDAR
Ordinances:
Item 4c. First Readinq of an Ordinance Amendinq the Municipal Code on 7.28+_ Acres, Located South of
Panama Lane, East of Stine Road, North of the Arvin-Edison Canal (Ridqeview Family Worship Center).
The proposed zone change is from R-1 (One Family Dwelling) to R-l/CH (One Family Dwelling-Church),
which would allow for the future construction of a church facility. Approval would allow the Church to
construct related buildings without having to request other discretionary approvals, such as Board of Zoning
Adjustment approval of a Conditional Use Permit (CUP). The CH overlay allows more flexibility for growing
Church facilities than a CUP allows. The Planning Commission recommends approval. There has been no
controversy to date.
Item 4d. First Readinq of an Ordinance Amendinq the Bakersfield Municipal Code on 9.97 Acres Located
on the North Side of Brimhall, 1,000 Feet East of Jewetta Avenue. The proposed zone change is from an
R-2 (Limited Multiple Family Dwelling) zone to a PUD (Planned Unit Development) zone consisting of 68
multiple family units (17 one- and two-stow four-plex buildings) and a private swimming pool and spa. In
accordance with the PUD zone, the applicant requests deviations from standards because 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. There has been no
controversy to date. Staff recommends approval.
Resolutions:
Item 4q. Resolution to Approve Securinq of State Fundinq for the Acquisition of Off-Hiqhway Vehicle
Recreation Area. The State is currently allocating $5 million to the program to help acquire a site. They
have already allocated $1.5 million towards construction. The City recently received a grant of $500,000 to
fund the approval process. City staff is negotiating with various property owners now to establish a site.
The first City/County coordination meeting will occur in May. The resolution does not contain a specific
amount because even the $5 million may increase.
Item 4h. Amendment No. 1 to Resolution No. 198-03 Cancelinq the July 28, 2004 Meetinq and Addinq an
Auqust 4, 2004 Meetinq. The League of Cities meeting is in conflict with the current City Council schedule.
This is proposed to eliminate the conflict for Councilmembers.
Aqreements:
Item 41. Aqreement with Aquatic Club of Bakersfield for One-Year Rental of Lanes at the McMurtrey
Aquatic Center in an amount payable to the City not to exceed $60.000. The club requested to rent lanes
in the 50-meter pool for a period of one year beginning June 14, 2004. The charges are $6.25 per hour for
one short course lane and $10 per hour for one 50-meter lane.
Agenda Highlights
May 12, 2004
Page 2
Item 4m. Environmental Impact Report (EIR) for General Plan Amendmenb'Zone Chanqe on Approximately
300 Acres Located Generally South of Panama Lane and West of Gosford Road. The proposed land use
and the zone change will consist of Iow density residential (147.55 acres), Iow medium density residential
(28.81 acres), high density residential (36.02 acres), commercial (67.28 acres) and industrial (19.98 acres).
The agreement sets forth the role and financial responsibility of the City and Gosford Panama Partners, LLC
regarding the preparation of an EIR. This agreement also acknowledges that Gosford Panama Partners,
LLC will pay all costs associated with the preparation and completion of the EIR. The total EIR cost is
$162,261, which consists of $124,816 for consultant services and $37,445 to reimburse the City for its
costs.
Item 4q. Amendment No. 2 to Aqreement No. 03-156 with Gilliam & SonsI Inc. for Earthmovinq and Haulinq
Services ($250,000 increase, for a revised not to exceed compensation amount of $770,000/. On March
24, 2004, Council approved Amendment #1 to this Agreement for emergency levee repairs in the amount of
$200,000, which revised the not to exceed compensation amount to $520,000. With delays in new
equipment purchases, down time of current equipment for repairs, and stricter air quality regulations at the
Mt. Vernon Recycling Center, more rental equipment is necessary to continue operations.
Item 4r. Amendment No. 1 to Aqreement No. 04-002 with D. W. Sivers Company to Sell Real Property.
Several months ago, the City entered into a contract to sell real property with D.W. Sivers Company for
inclusion in a commercial development planned north of California Avenue, between N and P/Q Streets.
The consideration for the transfer of the property was determined by the value of the expected new
development. The City also entered into a joint use parking agreement with Mr. Sivers that assures
adequate parking will be available for all venues when the new development is completed. The Contract
includes a clause that causes the property to revert back to the City in the event the commercial
development does not move forward, and calls for the development to be completed by December 31,
2005.
The developer recently obtained two financing commitments. Both of the lenders require that the reverter
language be removed and the timeline for the project be extended. This request is necessary in order for a
lender to assume a clear senior lien position on the property as is being provided as loan collateral to
finance the development and to also allow a reasonable timeline to complete the entire proposed
development. To continue to protect the City's land investment in the project and assure the completion of
the new development, staff has agreed to allow the developer to provide a performance and construction
bond for the construction loan amount of the project. The bond will protect the City's investment and
provide funds to complete the construction should any problems arise during the development. Staff also
recommends that the development timeline be extended until December 31,2006.
CONSENT CALENDAR HEARINGS
Item 5a. Continued Hearinq of Appeals by Mclntosh & Associates of Determination of Incompleteness for
Various Tracts in the "City in the Hills" Development Located between State Route 178 and Paladino Drive,
West of Masterson, and Resolution Uphoidinq Staff's Determination of Incompleteness. The public hearing
was continued from January 14, 2004 to May 12, 2004 at the request of the appellant's legal counsel. Staff
continues to work towards resolution of the deficiencies with the developer, and recommends the matter be
continued to the August 4~h Council meeting.
Item 5b. General Plan Amendment / Zone Chanqe on Approximately 60 Acres AIonq the North Side of
Panama Lane Approximately One-Fourth Mile West of Buena Vista Road. SMITHTECH/USA, Inc.
requested the GPA/ZC from agriculture to residential which will allow construction of 240 single-family
dwellings. The Planning Commission approved this project on March 18, 2004.
Agenda Highlights
May 12, 2004
Page 3
Item 5c. General Plan Amendment/Zone Chanqe on 29.56 Acres Located Adiacent to the South Side of
Paladino Drive, Approximately One Quarter Mile West of Morninq Drive. Blumer Development is proposing
multi-family residential development, with the Church combining zone. Te Planning Commission adopted a
condition that restricts the number of R-2 dwelling units to 213 unless an air quality impact study is prepared
for future development. The Development Services Director appealed the condition because it is
discriminatory regarding the development rights enjoyed by other property owners of R-2 zoned properties
sets a threshold requirement for an air quality study at a different leve~ from the air quality district, and
creates ambiguity with regard to the administration of the City's Zoning Ordinance by interjecting an arbitrary
standard for development that may be in conflict with a standard already adopted for development of R-2
properties.
CLOSED SESSION
There are three closed session items: 1) regarding employee labor negotiator; 2) conference with legal
counsel regarding three cases of existing litigation; and 3) conference with legal counsel regarding potential
litigation.
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
HEARINGS
Item 13a. Public Hearinq to Consider Resolution Denyinq the Appeal, Upholdinq the Planninq
Commission's Adoption of the Neqative Declaration, and Approval of Vestinq Tentative Parcel Map 11013
Located on the West Side of Masterson Street, North and South of State Route 178 (City in the Hills/. The
parcel map consists of 14 parcels on 686.53 acres for purposes of creating large parcels for future single
and multiple-family subdivisions and commercial development, zoned R-1 (One Family Dwelling), R-3
(Limited Multiple Family Dwelling) and C-2 (Regional Commercial) and a 600.62 acre designated
remainder. Renee Nelson, represented by attorney Brett Jolley of Herum Crabtree and Brown, is appealing
based on the claim that the approval of the negative declaration and parcel map do not meet minimum
requirements of state and local law, including the California Environmental Quality Act (CEQA). In
accordance with the Municipal Code, staff is also recommending approval of the engineer's request to defer
improvements, subject to the findings and conditions of approval
The initial study explains air quality impacts were evaluated in the previously certified City in the Hills EIR,
mitigation measures apply to the parcel map, and that a Statement of Overriding Considerations was
adopted for air quality impacts. In fact, the actual impacts resulting from the parcel map would have
tremendously lower air quality impacts than the full buildout of the project. Since the parcel map was a
known subsequent project of the original City in the Hills GPA/ZC, the EIR considered the parcel map in
evaluating air quality and other impacts. There is no need to do another EIR to arrive at the same analysis.
Staff recommends upholding the Planning Commission's decision to adopt the negative declaration,
approve the parcel map and deny the appeal.
Item 13b. General Plan Amendment/Zone Chanqe on 15 Acres Located on the West Side of Wible Road,
South of Panama Lane. Derrel's Mini Storage, Inc. is proposing a mini storage and recreational vehicle (RV)
storage facility. The first phase will include completion of all facilities along Wible Road (street,
office/residence, landscaping, and fountain) and the perimeter storage buildings. The proposed mini storage
facility will include the typical office/residence structure and approximately 285,700 square feet of storage
buildings.
The Planning Commission adopted conditions to protect adjacent residences along the western project
boundary line from visual hardships. The applicant is appealing the three conditions that deal specifically
with the height and setback requirements for light and camera poles are being appealed, stating that they
Agenda Highlights
May 12, 2004
Page 4
are working on alternative pole designs and technology to justify exceeding the restrictions imposed by the
Planning Commission. The alternative pole designs and technology will be presented to the City Council
during the hearing scheduled for May 12, 2004. If the appeal is denied, the subject conditions wou~d remain
unchanged.
REPORTS
item 14a. Planninq and Development Committee Report Conceminq Air Pollution Mitiqation. The Planning
and Development Committee has been considering the City's role in addressing air pollution, the evolving
regulations of the San Joaquin Valley Air Pollution Control District (SJVAPCD) especially with respect to
indirect sources, and the Sierra Club's concern over air pollution resulting from subdivisions. One approach
which the Committee recommends would involve voluntary participation in a mitigation program. A project
proponent could include mitigation measures to reduce pollution below the minimum standards as a part of
the application for approval to develop. They might include such things as: 1) Intersection improvements,
e.g. new signals; 2) Traffic signal synchronization; and 3) Buy and crush older vehicles to eliminate
emissions from older, less emissions efficient vehicles. The City would facilitate this program by providing a
list of example mitigations to choose from. The City would have a specific list of mitigation measures which
would involve our participation such as fleet and equipment conversion to less polluting fuels, the emission
reductions and the cost.
At this point in time, the proposal is being treated as an idea to raise. If it would break the litigation cycle
with the Sierra Club, it would be formalized.
Approved:
Alan Tandy
City Manager ,,~/
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004 AGENDA SECTION: Workshop
ITEM: o~. 0...
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~)~
DATE: May 3, 2004 CITY ATTORNEY //'"~-~
CITY MANAGER
SUBJECT:
Presentation of the Proposed FY 2004 - 05 Budget
RECOMMENDATION:
BACKGROUND: The City Manager's Office will provide a detailed overview of the FY 2004-05
proposed budget for the Operating, Capital Improvement and Bakersfield Redevelopment Agency
budgets.
JWS:a[
May 3, 2004, 10:42AM
S:~Admin Rpts~004\Proposed Budget Workshop 051204.dot
ADMINISTRATIVE REPORT
IMEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk~'''~
April 3, 2004
DEPARTMENT HEAD
CITY A'I'I'ORNEY
CITY MANAGER
Approval of minutes of the April 28, 2004 Council Meeting.
APPROVED
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
ITEM: /,~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 29, 2004
APPROVED
DEPARTMENT HEAD
CITY MANAGER
Approval of department payments from April 16, 2004 to April 29, 2004 in the amount of
$8,869,640.93 and self insurance payments from April 16, 2004 to April 29, 2004 in the
amount of $257,643.53
RECOMMENDATION:
Staff recommends approval of payments totaling $9,127,284.46
BACKGROUND:
klg
Apd129, 2004, 11:18AM
S:\KimG\Forms & Lables~ADMIN~AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent
rrEM: q, ¢.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 22, 2004
,//.~VED
DEPARTMENT HEAO
c,..
/
Cl~ MANAGER
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 123-26 from R-1 (One Family Dwelling) to R-l/CH (One Family
Dwelling- Church) on 7.28± acres, located south of Panama Lane, east of Stine Road, north
of the Arvin-Edison Canal (Ridgeview Family Worship Center). (ZC 03-1540) (Ward 7).
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
On April 1, 2004 the Planning Commission adopted Resolution No. 28-04 recommending
approval a Zone Change from R-1 (One Family Dwelling) to R-l/CH (One Family Dwelling-
Church) on 7.28± acres. The zone change would allow for the future construction of a church
facility.
Approval of a CH overlay for this property would allow the church to construct chumh related
buildings without having to request other discretionary approvals, such as Board of Zoning
Adjustment approval of a Conditional Use Permit (CUP). The CH overlay allows more
flexibility for growing church facilities than a CUP allows.
At the public hearing held before the Planning Commission, no one spoke in opposition to the
proposed zone change and there were no letters of opposition or telephone calls received by
staff.
No significant environmental impacts related to this project were identified and a Negative
Declaration is recommended for adoption. Staff recommends approval of the zone change.
LP:pjt
Admin\may\5-12-1540
MEETING DATE:
ADMINISTRATIVE REPORT
May 12, 2004 AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
May 5, 2004
/~?~/~VED
DEPARTMENT HE.~.,
CITY MANAGER
SUBJECT:
An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone
Map No. 102-30) of Title Seventeen of the Bakersfield Municipal Code by changing the
zoning from an R-2 (Limited Multiple Family Dwelling) zone to a PUD Planned Unit
Development) zone on 9.97 acres to allow development of 68 multiple family units (17
four-plex buildings) and a private recreational area located on the north side of Brimhall,
1,000 feet east of Jewetta Avenue (Engineer: Mclntosh and Associates / Developer:
Lakshmana Arasu) (FILE #04-0158). (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On April 1, 2004, the Planning Commission adopted Resolution No. 06-04 recommending
conditional approval of PUD Zone Change #04-158. The zone change is from an R-2 (Limited
Multiple Family Dwelling) zone to a PUD (Planned Unit Development) zone consisting of 68
multiple family units (17 fouroplex buildings) and a private swimming pool and spa on 9.97 acres.
The Planning Commission has conditionally approved related Vesting Tentative Tract Map 6254,
which allows each fouroplex and the recreational amenity to be on an individual lot. The project site
is located on the north side of Brimhall, 1000 feet east of Jewetta Avenue.
The proposed project is designed for one and two stow four-plexes, with each four-piex on an
individual lot. Mission-style architecture is proposed for the exterior elevations of the buildings. Tile
roofing, cement plaster with a neutral paint coating, vinyl sashes around windows and roll-up
garage doors are shown on the elevation plans. By ordinance, the project requires 150 parking
spaces. The Site Plan depicts 210 parking spaces. The landscaping plans depict landscaping
along the perimeter of the entire project site that includes a mix of trees, shrubs groundcovers and
turf.
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.
There are several design features that would be required for fouroplex projects that are not a
ADMINISTRATIVE REPORT
requirement of the PUD. The four-plex ordinance would require end units to face and be accessed
from the public street, and that the building setbacks be staggered along the public street. The
streets as proposed would be private and maintained by a homeowners association. Therefore, in
this circumstance, deviation from this standard would be appropriate. Other standards that are not
being applied include landscaping in the drive aisles, variation of building facades, open space
requirements and the location of parking and the number of parking spaces required per lot.
Because the project is a PUD, open space and parking spaces are shared and counted to serve
the project residents.
The applicant is requesting a reduction of the required "Special Dwelling Setbacks." BMC Section
17.08.150, Special Dwelling Setbacks, requires a 50-foot building setback from the adjacent R-S
zoned properties. As part of the PUD zone change application, the applicant is requesting a
reduction in this setback from adjacent R-S zoned properties on the north, south and east sides. In
the BZA staff report for the modification (#03-0290), the applicant has stated justification for the
modification request is that the City desires a larger sump that would serve the larger area, which
includes this development. The applicant also states that he had to "sacrifice" two four-plexes to
allow for the sump, which necessitates the reduction in the 50-foot setback at the northwest corner
of the property. The justification for the modification on the east side of the property is that adjacent
property to the east is developed with a church and is not likely to have farm animals. Staff
recommends approval of the building setback modification request as approved by the BZA.
The Fire Department finds the secondary emergency access shown to connect the project to the
existing multiple family development located adjacent to the west in the northwestern portion of the
project site (between Lots 9 and 10) acceptable.
No one spoke in opposition to the project before the Planning Commission.
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
Admin\5-12-0158
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004 AGENDA SECTION: Consent Calendar
ITEM: LI. ~..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 28, 2004
DEPARTMENT HEAD ~OVED
CITY ATTORNEY
CITY MANAGER ~
Resolution adding territory, Area 1-46 (Jewetta, Noriega NW-II) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On April 14, 2004 the Council adopted Resolution of Intention No. 1331 to add
territory, Area 1-46 (Jewetta, Noriega NW-II), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of street landscaping for Tract No. 6146. Area 1-46 is generally bounded by a line
207' north of Noriega Road on the north, Jewetta Avenue on the east, Noriega Road on the south and a
line 209.99' west of Jewetta Avenue on the west. This area will be under the streetscape zone of benefit
and will be assigned the appropriate tier level when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
Dc
Apnt 28, 2004, 10:06AM
S:\PROJECTS\MAINDIST~ADMINRPT~MD 1-46_Est-May12-04.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004 AGE,N. DA SECTION: Consent Calendar
TEM. /~..~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kurtz, Economic Development Director
April 28, 2004
APPROVED
DEPARTMENTHEAD//~
ATTORNEY
CITY MANAGER ~
SUBJECT:
Resolution proposing Expansion No. 20 of the boundaries of the Southeast Metropolitan
Bakersfield Enterprise Zone. 0Nard 1, 2, 5, 6, 7)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Dreyers has requested the City expand the boundaries of the Enterprise Zone to benefit the company's
plans for expansion at its existing facility at 7301 District Boulevard. Dreyers, (which recently merged with
Nestle) wants to double the size of the 250,000 sf manufacturing and distribution facility, in order to
produce a variety of new products. The company anticipates hiring an additional 250 employees, and
expending approximately $93M on new equipment and construction. With the expansion, the facility
would employ about 850 workers and become the world's largest ice cream manufacturing plant.
As the ice cream industry has grown, the industry has become more competitive. In order to achieve
economies of scale Nestle merged with Dreyers in 2001 to better compete. Dreyers needs to expand its
facility to remain competitive with other companies. The state hiring and equipment purchase tax credits
will assist Dreyers in their competitiveness and keep its operations in Bakersfield.
The Enterprise Zone is operated jointly by the City of Bakersfield and the County of Kern. This would be
the twentieth expansion of the enterprise zone: the County has processed eleven and the City, eight.
Each expansion has been in response to requests from businesses seeking to use the program's benefits.
This proposed expansion is in keeping with the procedures followed in the past.
To expand the Enterprise Zone to include the Dreyers site on District Boulevard would require 64.28
acres. The City currently has 71.02 acres of expansion acreage available. Due to the limited expansion
acreage left for the City to use, part of the expansion route would use railroad right-of-way easement. The
proposed expansion would take in approximately 25 other businesses along District Boulevard that could
also benefit from the Enterprise Zone program. If approved, the City would have little remaining acreage
for future enterprise zone expansions. However, our Enterprise Zone designation is due to sunset on
October 14, 2006. It seems unlikely that the State wilt allow for any further extensions. (In 2001, the
City/County successfully applied to extend the zone life by five years). As such, it is recommended that
this acreage be used now to assist Dreyers than to hold it until our zone expires and not use it at all.
Should the Council approve this expansion request, the resolution will be forwarded to the California
Business, Transportation, and Housing Agency for consideration and approval.
S:~Admins\City Council\ez expansion #20.doc
4/28/2004 3:37 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent
ITEM: H.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
May 3, 2004
//,/~OVED
DEPARTMENT H(IE A D_~;~__
C' M^.AG.R
SUBJECT:
Resolution approving securing state funding assistance for obtaining a potential off-highway
vehicle park. (All Wards)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The City of Bakersfield and the State of California Department of Parks and Recreation have been
working jointly to establish an off-highway vehicle recreational area in the Bakersfield area.
The State is currently allocating 5 million dollars more to the program to help acquire a site. The
city recently received a grant of $500,000 to fund the approval process and the city is just starting
the process necessary to receive land use approval in the County of Kern. This effort should take
approximately 16 months. The State has already allocated 1.5 million dollars towards construction
of the new recreational area.
City staff is negotiating with various property owners now to establish a site. An "OHV park" will be
designed and an environmental analysis will need to be performed.
The first city/county coordination meeting will occur in May to ensure the project moves forward
expeditiously. Environmental consultants will be retained in June. Wording of this resolution is in
accordance with state requirements.
MG:pjt
Admin\may\5-12-ohv
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
ITEM: H, h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
,~-~ ~
Pamela A. McCarthy, City Cler~
May 5, 2004
APPROVED
DEPARTMENT HEAD
ClTY ATTORNEY
ClTY MANAGER
Amendment No. 1 to Resolution 198-03 setting the dates of Regular City Council Meetings,
Department Budget Presentations, and Budget Hearings for January through December
2004.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Due to a scheduling conflict with the League of California Cities, the July 28, 2004 meeting date is being
changed to August 4, 2004. All other meeting dates will remain the same.
Exhibit "A" which is attached to the Resolution reflects the correct meeting dates for 2004.
:pmc
May 5, 2004, 2:10PM
S:\Council\admins~2004\MtgDates2004Amend.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004 AGENDA SECTION: Consent
ITEM: ~, [.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 22, 2004
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
APPROVED
Resolutions of Application proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield property identified as Annexation No. 461 located at the southwest
corner of Reina Road and Allen Road and Annexation No. 462 located at the southeast
corner of Hosking Avenue and South Union Avenue and along the north side of Rosedale
Highway, generally west of Henry Lane. (Wards 4 & 7)
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 461 consisting of 57 acres located at the southwest corner of
Reina Road and Allen Road and Annexation No. 462 consisting of 38 acres located at the
southeast corner of Hosking Avenue and South Union Avenue and 1.8 acres along the north
side of Rosedale Highway, generally west of Henry Lane. The site north of Rosedale Highway,
west of Henry Lane is a sump site owned by the City.
The property owners of each of the annexation territories have consented to annexation. The
owners want to receive city services.
MO
p:adminYnay\5-12-460&461
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent
ITEM: H '2'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
April 21, 2004
CiTY MANAGE R
SUBJECT: Development Plan Review - Planned Unit Development for 4185 Patton Way/7800 Mean¥
Avenue (Project No. 04-0233, Jim Ward ArchitecVMeany Properties LLC). (Ward 4)
Resolution approving development plan review for construction of 416 multiple family
dwellings in two phases of 208 units on 27.36 acres zoned R-2 PUD (Limited Multiple
Family Dwelling-Planned Unit Development)
RECOMMENDATION:
Adopt the resolution approving the P.U.D. development plan for 4185 Patton Way/7800 Meany
Avenue.
BACKGROUND:
The Planning Commission approved the P.U.D. development plans on April 15, 2004. City Council
approved the R-2/P.U.D. zoning for the site on February 11,2004. The proposed project is within
the Riverlakes Ranch Specific Plan boundary.
The project is a two phased development (208 units each phase) to construct one, two and three
bedroom apartments. Each phase includes a 2,116 square foot recreation building and ample
covered and open parking stalls. Access to the project will be from a new local street to be
constructed between Patton Way and Meany Avenue. The existing PG&E tower line assists in
providing a 148 foot buffer between the residents to the north and the proposed apartment
complex. Proposed landscaping along the northern boundary will block views and overlooks from
the project into single family homes existing to the north. The apartment units will be constructed
of stucco with brick and wood trim, painted earth tones and will have tile roofing.
The project site is an infill project and is ideally located for a large multi-family residential
development. The site is in close proximity to existing and future commercial services, schools and
parks. Residents could walk or bike a short distance to jobs and services.
At the Planning Commission hearing, interest focused on the landscaped buffer along the north
edge of the project. The applicant has agreed to condition number "1" which requires the
installation of 24" box trees as a landscape screen for residences to the north. The access road
and landscape buffer must be installed with the first phase of development.
ADMINISTRATIVE REPORT
Conclusion.
The Negative Declaration for the project was approved with the original general plan
amendment/zone change approved in February. Staff recommends approval of the project.
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
TEM: 4. ~.-.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 27, 2004
DEPARTMENT HEAD /~7~OOvED
CITY ATTORNEYL~,,~'-~'
CITY MANAGER ~
Tract Maps and Improvement Agreements
Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar
Bakersfield, Inc., Tract 6082 Units 5 and 7 located north Pacheco Road and east Mountain
Vista Drive. (Ward 5)
Final Map and Improvement Agreement with Harry Hardy for Tract 5944 Unit 4 located
south of McKee Road and west of Akers Road. (Ward 6)
Final Map and Improvement Agreements with Machado Family Trust and Ringsdale
Investment LLC, for Tract 6255 located north of Panama Lane and east of Akers Road.
(Ward 7)
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.
April 27, 2004, 9:33AM
G:\GROUPDAT~ADMINRpT~2004\05-12tMAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~. I.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD / .'~/~
DATE: April 29, 2004 CITY A'I-rORNEY
CITY MANAGER
SUBJECT:
Agreement with the Aquatic Club of Bakersfield for one-year to receive rental revenue for
lanes at the McMurtrey Aquatic Center in an amount not to exceed $60,000. (Ward 2)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The Aquatic Club of Bakersfield has requested to rent lanes in the 50 meter pool at the McMurtrey Aquatic
Center for a period of one year beginning June 14, 2004. This agreement outlines the number of lanes,
days of the week and times for pool rental. The charges are $6.25 per hour for one short course lane and
$10.00 per hour for one 50 meter lane. The agreement specifies the Club pay the City of Bakersfield for
lane rentals not to exceed $60,000.
Si May 4, 2004, 4:10PM
S:~004 Admins~Aquatic Club Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent
ITEM: 4. fyi.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 3, 2004
//~/~OVED
DEPARTMENTHE/~t~_y
ClTYA'I'rORNE~P'/
CITY MANAGER
.Environmental Impact Report for General Plan Amendment/Zone Change 04-0057 located
generally south of Panama Lane and west of Gosford Road (Gosford-Panama
Development Project). (Ward 6)
Agreement with Gosford-Panama Partners LLC for initial payment of $162,261.00 for the
preparation of an Environmental Impact Report (EIR).
Agreement with RBF Consultants ($124,816.00) to prepare an Environmental Impact
Report (EIR).
Appropriate $162,261.00 developer's contribution to the Development Services operating
budget in the general fund.
RECOMMENDATION:
Approve agreements and appropriation.
BACKGROUND:
Gosford Panama Partners, LLC is proposing the Gosford-Panama Development project (GPA/ZC
04-0057) which is located generally south of Panama Lane and west of Gosford Road. The
proposal encompasses approximately 300 acres and will include a variety of land uses (see project
description below). The project requires the preparation of an Environmental Impact Report (EtR).
Applicant-City Agreement:
The agreement sets forth the role and financial responsibility of the City of Bakersfield and Gosford
Panama Partners, LLC regarding the preparation of an Environmental Impact Report (EIR) for
GPA/ZC 04-0057 (Gosford-Panama Development Project). This agreement also acknowledges
that Gosford Panama Partners, LLC will pay all costs associated with the preparation and
completion of the EIR. The total EIR cost is $162,261.00, which consist of $124,816.00 for
consultant services and $37,445.00 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 04-0057 (Gosford-Panama Development Project).
Project Description:
The project is an amendment to the Land' Use Element of the Metropolitan Bakersfield General
Plan and a concurrent zone change. The proposed land use and the zone change will consist of
Iow density residential (147.55 acres), Iow medium density residential (28.81 acres), high density
residential (36.02 acres), commercial (67.28 acres) and industrial (19.98 acres). The project
includes annexation of the site to the City of Bakersfield.
MO:pjt
Admin\may\5-12-O057agr
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
ITEM: L{. ri.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
April 19, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Amendment No. 3 to Agreement No. 00-9 with Thyssenkrupp Elevator Corporation to
increase the Agreement amount by $45,000 (for a revised not-to-exceed compensation
clause of $125,000), to extend the term for elevator maintenance in City facilities, and to
revise notification procedures.
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. 00-9 was approved by Council on January 12, 2000. This agreement
provided for elevator maintenance in City facilities for a total compensation of $70,000. Amendment No. 1
added maintenance of the elevator at the 18th and Eye Street parking facility, in addition to adding $10,000
to the compensation clause for a total of $80,000 in total compensation. Amendment No. 2 approved a
name change from Thyssen Dover Elevator to Thyssenkrupp Elevator Corporation.
Since the original agreement's inception, Thyssenkrupp has increased the monthly charges for elevator
se~-vices as allowed within the agreement. This third amendment will add $45,000 to the agreement to
cover the current outstanding charges for elevator maintenance and extend the agreement through the
fourth quarter of 2004. In addition, it will give staff sufficient time to complete the competitive process of
selecting a contractor for elevator maintenance. Amendment No. 3 also includes a revision to the
Termination for Cause clause of the Agreement.
Sufficient funds are budgeted to cover this amendment.
April 28, 2004, 7:29AM
G:\GROU PDAT~ADMIN R PT~004\05-12\ThyssenKrupp Admin doc
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
TEM: ~. 0.
TO: Honorable Mayor and City Council /A~PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~/fV~_
DATE: April 22, 2004 CITY A'I-FORNEY ~
CITY MANAGER ~.~
SUBJECT:
Amendment No. 1 to Agreement No. 99-213 to extend telephone services with SBC/MCI
WorldCem CALNET contract.
RECOMMENDATION: Staff recommends adoption of the Amendment.
BACKGROUND: CALNET is an advanced public/private network presented by the State of California
Department of General Services, Telecommunications Division. The CALNET contract was competitively
bid over an 18 month period and offers public sector entities the following: Local Usage, Business Access
Lines, PBX Trunks, HICAP/T1, Frame Relay, Building Wiring and Billing Products. SBC and MCI
WorldCom are the selected contract providers.
The City of Bakersfield executed a five-year contract, under the terms of the CALNET contract, on August
25, 1999. Benefits include expanded services, single point of contact for all orders service or billing issues;
one monthly bill; end-to-end service planning and service level agreements. In addition, the contract
includes annual reviews of pricing and service functionality to ensure rates and services remain cost-
effective and technologically competitive. This amendment extends the original contract for another five
(5) years.
Melvin Perry@Comrn3300
April 23, 2004, 10:25AM
G:\G ROU PDAT~ADMIN R PT'~2004\05-12\S BC- MCI Admin.doc
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
MEETING DATE: May 12, 2004
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L Kunz, Economic Development Director
April 29, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY~j~'~''
CITY MANAGER
SUBJECT: Economic and Community Development Loan Portfolio - Professional Services:
1) Amendment No. 2 to Agreement No. 01-018 with AmeriNational Community Services,
Inc. for $34,000 to extend the agreement by two years for loan processing services. (All
Wards)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On January 17, 2001, the City entered into an agreement with United States Escrow Company (USE) to
provide escrow and related financial services for the City's Single Family Rehabilitation, Multi-Family
Rehabilitation, Commercial Loans, and Down Payment Assistance loan programs. This firm provides
billing and collection, handles notice of defaults and foreclosure if necessary. USE was purchased by
AmeriNational Community Services Inc. (ACSI) in 2002, and all rights and obligations were assigned by
the Council to ACSI in 2003 by way of Amendment No.1. Since 2001, and based on staff's annual
performance monitoring of ASCI, they have been satisfactory in providing efficient and cost effective
support services to the City of Bakersfield.
The purpose of the agreement is to: 1) extend the terms of this agreement by two years from June 30,
2004 to June 30, 2006; 2) increase the annual fiscal year (not to exceed) compensation from $15,000 to
$17,000; and 3) employ ACSI to provide additional loan underwriting/disbursement services and loan
portfolio maintenance for two new City programs (Bakersfield Redevelopment Area Cleanup Efforts
(BRACE) and Down Payment Assistance). Funding for these services is available from the Community
Development Block Grant and HOME Investment Partnership Programs, and tax increment financing. All
previous terms and conditions under the original agreement remain.
SSAdmins\City Cour~cil~,m ed nationalAmend No2Admin.doc
4/29/2004 11:19 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
ITEM: 1~, ~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 16, 2004
APPROVED
DEPARTMENT HEAD ~A~,
CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Amendment to Earthmoving, Hauling and Equipment Rental Agreement:
1. Amendment No. 2 to Agreement No. 03-156 with Gilliam & Sons, Inc. ($250,000
increase, for a revised not to exceed compensation amount of $770,000) for
earthmoving and hauling services.
2. Appropriate $250,000 Solid Waste Fund Balance to the Public Works Operating
Budget.
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: On June 11, 2003, the City Council approved the annual contract for earthmoving,
hauling, and equipment rental for $320,000. On March 24, 2004, the City Council approved Amendment
#1 to this Agreement for emergency levee repairs required at Wastewater Treatment Plant 2 effluent
storage reservoir, increasing the compensation by $200,000. This Amendment revised the not to exceed
compensation amount to $520,000.
The Solid Waste budget for earthmoving, hauling and rental equipment for FY03-04 was estimated at
$123,500. This estimation was based on certain expectations of timing with regards to the purchase of
new equipment. Unfortunately, with delays in new equipment purchases, down time of current equipment
for repairs, and stricter air quality regulations at the City's Mt. Vernon Recycling Center, more rental
equipment has been necessary to continue operations. Staff recommends the approval of a $250,000
increase to the current agreement to provide adequate equipment for operations of the Solid Waste
Division.
G:\GROUPDA'r~DMINRPT~.004\05-12\Woodsite GSI Budget Increase admin - 2.doc
DW/dw
ADMINISTRATIVE REPORT
MEETING DATE: g4ay 12, 2004 AGENDA SECTION: Consent Calendar
ITEM: /-~. ~',
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: April 29, 2004 CITY ATTORNEY /~- ~'-
CITY MANAGER
SUBJECT:
Amendment #1 to the Contract to Sell Real Property Agreement Number 04-002 between
D.W. Sivers Company and the City of Bakersfield to:
(1) Remove language in the Conveyance Deed that allows the property being conveyed by
the City, to reveal back to the City if the property is not developed and replace the
language with the requirement for a construction and performance bond for the value of
the construction loan to assure development completion, and
(2) Extend the project completion deadline to December 31, 2006, and
(3) Authorize the assignment of the Agreement to Maya Cinemas. 0NARD 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Several months ago, the City of Bakersfield entered a contract to sell real property to D.W. Sivers
Company for inclusion in a commercial development planned north of California Avenue, between N and
P/Q Streets. The City property is a paved parking lot and is currently used by the Centennial Garden
Arena and Convention Center for parking. The consideration for the transfer of the property was
determined by the value of the expected new development that will be created and estimated to be valued
at approximately $27 million dollars. The City also entered into a joint use parking agreement with Mr.
Sivers that assures adequate parking will be available for all venues when the new development is
completed.
The Contract to Sell Real Property includes a clause under Section 7 Conveyance of Title, requiring the
City's grant deed to contain language that causes the property to revert back to the City in the event the
commercial development does not move forward. The agreement also calls in Section 2 and Section 7 for
the development to be completed by December 31, 2005. The protective clause in the deed was included
to assure that the City receives the promised new development at the estimated value in exchange for its
land contribution. The project completion deadline was originally provided by the developer.
ADMINISTRATIVE REPORT Page2
There are many complexities involved with the financing of this project primarily due to the exchange of
property between the developer and the Assistance League and the longer timeline required to
accomplish this property exchange and construct the planned new commercial project. The developer has
been working for several months on obtaining financing for the project and recently obtained two financing
commitments. Both of the lenders require the City's security interest (reverter) language in the grant deed
be removed and the timeline for the project be extended. This request is necessary in order for a lender to
assume a clear senior lien position on the property as is being provided as loan collateral to finance the
development and to also allow a reasonable timeline to comp. lete the entire proposed development.
To continue to protect the City's land investment in the project and assure the completion of the new
development, staff has agreed to allow the developer to provide a performance and construction bond for
the construction loan amount of the project. The bond will protect the City's investment and provide funds
to complete the construction should any problems arise during the development. Staff also recommends
that the development timeline be extended until December 31, 2006. This will allow an appropriate
window of time to finalize the required site assembly - the Assistance League by June 1, 2004 and to
complete the commercial development construction by the end of 2006.
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004 AGENDA SECTION: Consent Calendar
ITEM: 4. ,,5.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 22, 2004 CITY ATTORNEY /"~'-~
CITY MANAGER
SUBJECT:
Scoreboard Repairs at Centennial Garden (Ware 2):
Amendment No. 1 to Agreement No. PW 03-086 for $20,000 for a revised contract
amount of $44,999.
Appropriate $20,000 Capital Outlay Fund balance to the Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of Amendment and appropriation.
BACKGROUND: The large scoreboard at Centennial Garden requires regular inspections. These
inspections are necessary to monitor the cable pulley mechanism that is used to raise and lower the
scoreboard.
At the April 30, 2003, inspection, four pulleys and all of the cables were found to be worn. Staff attempted
to make contact with Hoffend & Sons, Inc. who originally manufactured the scoreboard. By June 17,
2003, when no response was forthcoming, Great Pacific Equipment, Inc. was contacted and Agreement
No. PW 03-086 was entered into for these repairs. Great Pacific ordered the four pulleys from Hoffend
and Sons. At the July 22, 2003, inspection, the remaining pulleys all showed excessive wear. Another
order was placed with Hoffend for the additional parts. By the time of the October 16, 2003, inspection
however, the additional parts had not been received for installation by Great Pacific. The inspector
informed staff that if the previously requested repairs were ,~ot performed by January 31, 2004, the
scoreboard would have to be red tagged, OSHA would be notified, and the scoreboard would be shut
down. Numerous requests from Hoffend regarding an expected delivery date of the additional parts went
unanswered. In an effort to keep the scoreboard operational, Great Pacific informed staff they could have
the pulleys made locally and complete the job before January 31, 2004. Great Pacific was given from
January 18, 2004, through January 22, 2004, in which to perform the repairs due to events already
scheduled at the Garden. Great Pacific started installation of the new pulleys on Sunday, January 18,
2004, and worked over time and double time through January 22, 2004, to complete the job. However,
this was only a temporary repair in order to have the scoreboard operational for scheduled events. Staff is
still in the process of trying to work with Hoffend directly to either obtain the actual manufactured parts, or
obtain the specifications for these parts so that the temporary pulleys can be modified to meet
specifications for safety reasons.
This Amendment is for costs associated with the additional work necessary to keep the scoreboard
operational.
ECM/dns
Ma,/3, 2004, 8:53AM
G:\GROUPDAT~,DMIN R PT~004\05-12\Scoreboard Admin dot
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
ITEM: H, '(;;,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 20, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT:
Chester Avenue Streetscape Project (Ward 3):
1. Contract Change Order No. 1 to Agreement No. 03-348 with Granite Construction
Company. for $55,915.48 (for a revised contract amount of $401,749.48) for the
Chester Avenue Streetscape Project between 34~h Street and West Columbus.
2. Appropriate $20,000 Gas Tax Fund balance to the Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation.
BACKGROUND: Construction of the Chester Avenue Streetscape project was awarded to Granite
Construction Company at the November 19, 2003 Council meeting. The awarded contract amount was
$345,834. This is the first contract change order to be submitted for the project.
During construction, an 18 inch layer of concrete was discovered below the existing asphalt concrete.
This concrete must be removed in the area of the tree wells so that trees can be planted in the future.
Further, these areas must be backfilled with the proper additional soil. The contractor has agreed to do
this work for the lump sum price of $18,570.
Due the above mentioned unforeseen conditions below the pavement, the type of median curb placed on
the project had to be changed. This change necessitated the placement of more asphalt concrete on the
project. Due to this increase in quantity, Granite Construction has agreed to lower the price per ton by
$8.00 for this entire item.
The change in the median curb has also necessitated the placement of root barriers in all tree wells to
prevent water from seeping into the structural section of the adjacent pavement. One additional tree well
has also been placed within the median area.
All items associated with these changes are outlined in the attached Change Order. The contractor has
agreed to a lump sum price of $55,915.48 for these changes.
ADMINISTRATIVE REPORT
IMEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 14, 2003
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Dedication Of Property: approximately 1442' east of Coffee Road and Meany Avenue
(Ward 4)
1. Quitclaim Deed from the City Of Bakersfield to Riverlakes Investment Company, LLC.,
a California Limited Liability Company, for a temporary flowage and drainage easement,
for sump purposes over Parcel 18 of Parcel Map 10854 per book 52 of parcel maps,
page 168, O.R.
2. Quitclaim Deed from the City Of Bakersfield to Riverlakes Investment Company, LLC.,
a California Limited Liability Company, for that portion of that certain easement for canal
purposes recorded March 4, 2003 per document number 0203054604, O.R.
RECOMMENDATION: Staff recommends approval of the Quitclaims.
BACKGROUND:
Quitclaim (1): Rivedakes Investment Company has constructed the permanent sump for Parcel Map
10854. A permanent flowage and drainage easement to the City of Bakersfield has been recorded as
document # 000204068922 O.R. over the permanent sump. This document will quitclaim the temporary
flowage and drainage easement back to the developer.
Quitclaim (2): Riverlakes Investment Company has relocated and underground that portion of the
Beardsley One Ditch located adjacent to lots 16, 17 and 18 of Parcel Map 10854. The City of
Bakersfield will retain the north 25' of the easement and quitclaim the south 55' back to the developer.
May 3, 2004, 12:28PM
G:\GROUPDAT~ADMINRPT\2004\05-12\Dedication of Property.doc
bw
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Consent Calendar
TEM: L{, ~/,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raui M. Rojas, Public Works Director
April 29, 2004
APPROVED
CITY MANAGER ~
Appropriate $50,000 General Aviation Fund balance to the Capital Improvement Budget for
taxi lane modifications and utility installation at the Bakersfield Municipal Airport. (VVard 1)
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: The Bakersfield Municipal Airport has accommodated the construction of hangars by
private individuals. Within the past year, five such hangars have been constructed completing a full row of
hangars. There are approximately 10 individuals wanting to commit to constructing hangars. However,
modifications must be made to the existing area to accommodate further hangar construction. The
modificaticns required include concrete v-gutter and asphalt concrete to realign two taxi lanes, and
installation of electric, sewer and water facilities. All work will be done by City crews with the assistance of
annual contractors.
BBU/rnw
April 30, 2004, 10:01AM
G:\GROU PDAT~DMINRPT~2004\05-12~Airport,doc
MEETING DATE: May 12, 2004
ADMINISTRATIVE REPORT
IAGENDA SECTION: Hearings
ITEM: ~. &.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 3, 2004
,~-~ROVED
DEPARTMENT HE/AD
ClTY ATTORNE~ '~'~
CITY MANAGER/
Continuance of consolidated hearing of appeals by Mclntosh & Associates of determination
of incompleteness for Vesting Tentative Tract Maps 6257, 6258, 6259, 6260, 6261, 6263,
6264, 6265, 6266 and 6267 (City in the Hills) located between State Route 178 and
Paladino Drive west of Masterson and resolution upholding staff's determination of
incompleteness. (Ward 3)
RECOMMENDATION:
Staff recommends continuance of the hearing to Auqust 4, 2004.
BACKGROUND:
George Martin, the applicant's legal counsel submitted the attached written request to continue this
hearing to the Council's July 28, 2004 meeting.
The public hearing was continued from January 14, 2004 to May 12, 2004 at the request of the
appellant's legal counsel.
These eleven (the twelfth was withdrawn) tract maps are generally located between State Route
178 and Paladino Drive, west of Masterson Street in northeast Bakersfield in an area commonly
known as "City in the Hills" (Exhibit A). "City in the Hills" general plan and zoning were adopted by
resolution number 137-00 and ordinance number 3989 of the City Council in November 2000.
JE
Admin\5-12-chcont
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004 AGENDA SECTION: Hearings
ITEM: 5. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
April 20, 2004
/~/PROVED
DEPARTM ENT/J'~/EAD~,/~
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanae 03-1473 (Ward 5)
SMITHTECH/USA, Inc. has proposed a general plan amendment and an ordinance amendment on
60± acres located along the north side of Panama Lane approximately one-fourth mile west of
Buena Vista Road.
Resolution approving the negative declaration and approving the general plan amendment
to changing the land use designation from R-IA (Resource-intensive Agriculture) to LR (Low
Density Residential).
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 124-07 to change the zoning district from A-20A (Agriculture- 20 Acre
Minimum) to R-1 (One-Family Dwelling).
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, approving the
General Plan Amendment and first reading of the ordinance.
BACKGROUND:
The applicant requested a general plan amendment and zone change from agriculture to
residential which will allow construction of 240 single-family dwellings on 60± acres fronting on
Panama Lane. The subject site is presently in agricultural production. There is no Williams Act
Contract on the subject site. The Planning Commission approved this project on March 18, 2004.
This site is located in close proximity to an area developing with subdivisions. The site is located
approximately one-fourth mile west of the Buena Vista Road - Panama Lane intersection.
Approximately 700 feet from the northeast corner of this intersection, the east side of Buena Vista
Road is developing with single-family subdivisions. Approximately 1,000 feet east of this
intersection, the land is being graded and prepared for single-family development. Also within this
area is the Buena Vista Elementary School located along the southwest corner of Buena Vista
Road and Panama Lane. This proposal is located in the path of the City of Bakersfield's southern
and westward expansion. The McAIlister Ranch Specific Plan project is located one-half mile west
of the site.
The City of Bakersfield will provide water and sewer service.
Lane, an arterial.
Access to the site is by Panama
R ED/pjt/admin/5-12-1473
ADMINISTRATIVE REPORT
IMEETING DATE: May 12, 2004
AGENDA SECTION: Hearings
ITEM: ,~. ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorabie Mayor and City Council
Development Services - Planning
May 5, 2004
APPROVED
DEPARTMENT HEAVe~ ~
CITY ATI'O R N E/~.~_.~
c, Y MA.^GER
General Plan Amendment/Zone Chanqe No. 03-1545 (Ward 3)
Blumer Development is proposing multi-family residential development, with the Church combining
zone, on 29.56 acres located adjacent on the south side of Paladino Drive, approximately a quarter
mile west of Morning Drive. Conditions of approval have been appealed by the Development
Services Director.
Resolution adopting the negative declaration and approving the General Plan Amendment
to change the land use designation from LR (Low Density Residential) to HMR (High
Medium Density Residential) on 29.56 acres.
First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 103-13 to change the zoning from R-1 (One Family
Dwelling) to R-2-CH (Limited Multiple-Family Dwelling-Church) on 29.56 acres.
RECOMMENDATION:
Staff recommends upholding the appeal, adopting resolution and give first reading to the
ordinance.
BACKGROUND:
The applicant is proposing multi-family residential development, with the Church combining zone,
for the project site (see Exhibits 1 & 2) which is located adjacent on the south side of Paladino
Drive, approximately a quarter mile west of Morning Drive. The Planning Commission reviewed the
general plan amendment and zone change on March 18, 2004. The project site contains only 16.13
net useable acres. The existing 150' Southern California Edison (SCE) Tower Line easement
located along the west side of the project site, the 200' SCE Tower Line easement along the east
side of the project site, and the 30' natural gas line and meter station easement, traversing the
project site in a east-west direction, limits the acreage available for development (see Exhibit 3).
ADMINISTRATIVE REPORT Page2
As a general rule, due to the City's existing development standards, only 75% of a project's net
useable acreage can be utilized for the construction of dwelling units. Therefore, staff estimated
that no more than 213 dwelling units could be constructed on the project site if it was zoned R-2.
An air quality impact study is required for multi-family residential development if 220, or more,
dwelling units are proposed for a project. Since the project's estimate was below 220, no air quality
impact study was required for the project.
Based on concerns from adjacent property owners that more than 213 dwelling units could be built
without an air quality impact study, the Planning Commission adopted a condition that restricts the
number of R-2 dwelling units to 213 unless an air quality impact study is prepared for future
development (see Condition No. 10 in Exhibit 4). The Development Services Director appealed the
condition (see Exhibit 5) based on the following reasons:
1)
The restriction is discriminatory regarding the development rights enjoyed by
other property owners of R-2 zoned properties.
2)
The restriction sets a threshold requirement for an air quality study at a different
level from that of the San Joaquin Valley Air Pollution Control District and a level
different than other developers must respect.
3)
The restriction presents ambiguity and difficulty in the administration of the City's
Zoning Ordinance by interjecting an arbitrary standard for development that may
be in conflict with a standard already adopted for development of R-2 properties.
If the appeal is upheld, Condition No. 10 in Exhibit 4 would be removed from the list of conditions of
approval for the proposal.
WC
Admin\may\5-12-1545
ADMINISTRATIVE REPORT
MEETING DATE: May 12. 2004
AGENDA SECTION: Closed Session
TEM: !~,. o~.
TO:
FROM:
DATE:
Honorable Mayor and City Council /~,~
Carroll Hayden, Human Resources Manager~J'DEPARTMENT HEAD d~"~
April 27, 2004 CITY ATTORNEY /xx/~--~'~
CiTY MANAGER ~
APPROVED
SUBJECT: Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator
RECOMMENDATION:
BACKGROUND:
ch
May 4, 2004, 11:50AM
S:~ADMINRPT~Closed Session, 5-12-04.dot
ADMINISTRATIVE REPORT
MEETING DATE: Na.y 12, 2004
IAGENDA SECTION: Closed Session
ITEM: ~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 4, 2004
DEPARTMENT HEAD
CiTY ATTORNEY ///~-
CITY MANAGER ~
APPROVED
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
1. Abrego, et aL v. City of Bakersfield
No. CV-F-00-6617AWl L JO
Goland and Roy v. Wright, City of Bakersfield, et al
Kern County Superior Court Case No. 259490-AEW
City of Bakersfield v. NAPG, et al.
Application No. 3-10-044
RECOMMENDATION:
BACKGROUND:
VG:ls
5/4/2004
ADMINISTRATIVE REPORT
IMEETING DATE: Hay 12, 2004
AGENDA SECTION: Closed Session
ITEM: [~. ~,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
April 30, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Potential Litigation
Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9
Qne (1) potential case.
RECOMMENDATION:
BACKGROUND:
VG:ls
4/30/2004
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
IAGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council ~, APPROVED
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD ~
April 5, 2004 CITY MANAGER ~
SUBJECT:
Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to
Thomas A. Richardson.
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentation to:
Thomas A. Richardson, Fleet Services Worker I, Public Works, for 20 years of service to the City of
Bakersfield.
4/5/2004
S:~ADMINRPT~Retiree Presentations - Richardson.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Presentations
ITEM: [ . b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
April 29, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Ross Elliott, Director of Kern County
Department of Emergency Medical Services, proclaiming May 16 through 22, 2004, as
"Emergency Medical Services Week".
RECOMMENDATION:
BACKGROUND:
ndw
April 29, 2004, 4:42PM
S:\MAYOR\ADMIN\EMERGENCY MEDICAL SERVICES WEEK.dot
ADMINISTRATIVE REPORT
IMEETING DATE: HAY ].2, 2004
AGENDA SECTION: Hearings
ITEM: lb. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
April 13, 2004
AP_PROVED
DEPARTMENT ~
CITY MANAGER ~
Resolution denying the appeal, upholding the Planning Commission's adoption of the
negative declaration, and approval of Vesting Tentative Parcel Map 11013 located on the
west side of Masterson Street, north and south of State Route 178. (Appellant: Renee
Nelson by Herum Crabtree and Brown / Engineer: Mclntosh and Associates / Subdivider:
S&J Alfalfa Inc & Mountain Vista Bravo LLC) (Ward 3)
RECOMMENDATION:
Staff recommends upholding the Planning Commission's decision to approve and adopt the
negative declaration and Vesting Tentative Parcel Map 11013, and deny the appeal.
BACKGROUND:
Renee Nelson, represented by attorney Brett Jolley of Herum Crabtree and Brown, appealed the
Planning Commission's March 18, 2004 approval of Vesting Tentative Parcel Map 11013. The
parcel map consists of 14 parcels on 686.53 acres for purposes of creating large parcels for future
single and multiple-family subdivisions and commercial development, zoned R-1 (One Family
Dwelling), R-3 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) and a 600.62
acre designated remainder. In accordance with BMC 16.32.080, staff is also recommending
approval of the engineer's request to defer improvements, subject to the findings and conditions of
approval.
The project area is commonly known as the "City in the Hills" development GPA/ZC # 99-0647,
which was approved in November 2000 with a certified Environmental Impact Report (EIR). Brett
S. Jolley filed an appeal to the Commission's Decision stating the approval of the negative
declaration and parcel map do not meet minimum requirements of state and local law, including
the California Environmental Quality Act (CEQA).
Mr. Jolley spoke at the Commission meeting in opposition to the project, and submitted a three-
page handout (attached in the Background Material). There were no other speakers in opposition.
The documents Mr. Jolley submitted for Commission consideration included an excerpt from CEQA
Guidelines illustrating how initial studies are to be prepared, and excerpt from the initial study
prepared by staff related to air quality and staff's determination to prepare a mitigated negative
declaration.
ADMINISTRATIVE REPORT
In response to Mr. Jolley's testimony, the initial study indicates that air quality impacts are
significant for the ultimate buildout for the City in the Hills project. This box was checked to direct
the reader to the air quality discussion of the initial study. The initial study explains air quality
impacts were evaluated in the previously certified City in the Hills EIR, mitigation measures apply
to the parcel map, and that a Statement of Overriding Considerations was adopted for air quality
impacts. In fact, the actual impacts resulting from the parcel map would have tremendously lower
air quality impacts than the full buildout of the project. One of the principles of CEQA is to avoid
redundancy. Since the parcel map was a known subsequent project of the original City in the Hills
GPA/ZC, the EIR considered the parcel map in evaluating air quality and other impacts. There is
no need to do another EIR to arrive at the same analysis. The mitigated negative declaration is the
appropriate document.
Staff recommends upholding the Planning Commission's decision to adopt the negative
declaration, approve the parcel map and deny the appeal.
JE
Admin\4-28-11013
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
AGENDA SECTION: Hearings
TEM: ID.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
May 5, 2004
A, MN?RQVED
CITY MANAGER _
SUBJECT: General Plan Amendment/Zone Chanqe No. 03-1537 (Ward 7)
Derrel's Mini Storage, Inc. (c/o Marino/Associates) is proposing a mini-storage and recreational
vehicle (RV) storage facility on 15 acres located on the west side of Wible Road, just south of
Panama Lane. Conditions of approval have been appealed by the applicant.
Resolution adopting the Negative Declaration upholding the Planning Commission, and
approving the General Plan Amendment to change the land use designation from HMR
(High Medium Density Residential) to GC (General Commercial) on 15 acres.
First reading of Ordinance adopting the Negative Declaration upholding the Planning
Commission, and amending Title 17 of the Municipal Code and Zoning Map No. 123-26 to
change the zoning from R-2 (Limited Multiple-Family Dwelling) to P.C.D. (Planned
Commercial Development) on 15 acres.
RECOMMENDATION:
Staff recommends adoption of resolution denying the appeal and give first reading to the
ordinance.
BACKGROUND:
Derrel's Mini Storage, Inc. is proposing a mini storage and recreational vehicle (RV) storage facility
on the 15 acre project site (see Exhibits 1 & 2). The project will be developed in three phases. The
first phase will include completion of all facilities along Wible Road (street, office/residence,
landscaping, and fountain) and the perimeter storage buildings (see Exhibit "3"). The perimeter
storage walls are proposed at 8'6" in height (see Exhibit 4). No setback is proposed along the rear
and side yards for the perimeter structures. The P.C.D. zone allows such flexibility in project
design.
RV storage will be offered on the western half of the project site. The RV storage is intended to be
temporary until there is a demand for completing the last two phases, which consist of constructing
the interior storage units. Some of the RV storage will provide covers that range from 12 feet to 15
feet in height.
ADMINISTRATIVE REPORT Page2
The proposed mini storage facility will include the typical office/residence structure and
approximately 285,700 square feet of storage buildings. The office/residence will be single story in
height. The Planning Commission restricted the height of the monument sign to six (6) feet (B.7. in
Exhibit 5). The storage facility will have two employees on site at ali times. The hours of operation
are limited from 7:00 a.m. to 7:00 p.m. (B.5. in Exhibit 5). The proposed P.C.D. zone will only
permit the use that is proposed on the preliminary site plan in Exhibit 3. No other commercial use
would be permitted under the project.
The Planning Commission adopted the following conditions to protect adjacent residences, along
the western project boundary line, from visual hardships (see Exhibit 5):
1)
2)
3)
No recreational vehicle or recreational vehicle storage cover exceeding a height of 12 feet
shall be permitted within 50 feet of the western project boundary line (B.1. in Exhibit 5)
Recreational vehicle storage covers shall not exceed a height of 15 feet (B.2. in Exhibit 5).
No light pole shall be permitted within 100 feet of the western project boundary line (B.3.
in Exhibit 5).
4)
5)
No light pole shall exceed a height of 20 feet (B.4. & D.4. in Exhibit 5).
Pole mounted security cameras shall be permitted on the project site subject to the
following: a) All views into single family residential back yards shall be blocked and
prohibited; b) No security camera pole shall exceed a height of 20 feet; c) No security
camera pole shall be permitted within 100 feet of the western project boundary line; d)
Security cameras and yard lights shall be permitted on the roofs of storage units if they do
not exceed a height of 2 feet above the roof elevation and, for the exterior storage units, are
installed only on the interior side of the roofs (B.6. in Exhibit 5).
The applicant has appealed Condition Nos. 3, 4, and 5 above, which deal specifically with the height
and setback requirements for light and camera poles (see Exhibit 6). In the appeal, the applicant
stated that they are working on alternative pole designs and technology to justify exceeding the
restrictions imposed by the Planning Commission. The alternative pole designs and technology will
be presented to the City Council during the hearing scheduled for May 12, 2004. If the appeal is
denied, the subject conditions would remain unchanged.
WC
Admin\5-12-1537
ADMINISTRATIVE REPORT
MEETING DATE: May 12, 2004
IAGENDA SECTION: Reports
ITEM: IN.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
May 5, 2004
API~pVED
DEPARTMENT
CITY ATFORNEY~/~'~
CITY MANAGER
Planning and Development Committee Report Concerning Air Pollution Mitigation
RECOMMENDATION:
The Planning and Development Committee recommends that a voluntary program to reduce
subdivision air impacts to zero be proposed to see if that would break the litigation cycle.
BACKGROUND:
The Planning and Development Committee has been considering the City's role in addressing air
pollution, the evolving regulations of the San Joaquin Valley Air Pollution Control District
(SJVAPCD) especially with respect to indirect sources, and the Sierra Club's concern over air
pollution resulting from subdivisions.
The city has a commitment to improving our air quality. The Bakersfield Metropolitan General Plan
contains at least thirty-seven policies which directly relate to air quality. Seventeen are relevant to
the matter before us. in addition, the City Council adopted Resolution No. 22-04 agreeing to
implement transportation control measures of the Extreme Area Ozone Plan. Four of those
measures could be related to project mitigation. The city fully utilizes the SJVAPCD's "Guide for
Assessing and Mitigating Air Quality Impacts" (GAMAQI) and "URBEMIS 2002" program for
calculating emissions of proposed projects.
The SJVAPCD has promulgated indirect source rules and is developing an air quality impact fee.
Indirect source regulation is a way to shift the burden of reducing direct source pollution (i.e.
vehicles) to projects where vehicles go, like homes, offices, stores, etc. As the city involves itself
more in air pollution mitigation, it is important that we be closely coordinated with the air pollution
control district so that whatever we do it is complimentary to the district's requirements and that our
local efforts are recognized and given credit towards implementation of SJVAPCD's programs and
fees.
Also, the Sierra Club has sued (but settled before trial) several subdividers whose projects were
below significant levels of pollution. The threshold of significance for air pollutants is ten tons per
year. Most of the subdivisions have shown that they would not exceed the threshold. Those that
were anticipated to exceed the threshold have agreed to mitigation measures which would result in
less than ten tons per year net increase. Depending on the mitigation measures selected, the
costs would range between $370 and $1400 per dwelling unit. It has been suggested that
mitigation of projects to zero net pollution would put an end to that litigation. Our initial thought was
that an air impact fee imposed on all new homes might be the answer. The fee would be uniformly
applied on a per unit basis to each new residence and it would be used to mitigate residential
ADMINISTRATIVE REPORT Page2
development's impacts on air quality. Although simple for the builders, that approach was found to
be very complex for the city to establish and manage. Adoption of a standard in excess of the air
pollution control district's would have to be justified, mitigation projects and their costs would need
to be identified and their efficiency documented. A small bureaucracy would be organized to run
the program and the burden of actual mitigation would be shifted from the builders to the city.
However, the city is limited in its jurisdiction over mitigation projects. It would take an extended
period of time and expense to implement.
Another approach which the committee suggests as more immediately available would involve
voluntary participation in a mitigation program. A project proponent could include mitigation
measures to reduce pollution below the minimum standards as a part of the application for
approval to develop. They might include such things as:
Intersection improvements, e.g. new signals.
Traffic signal synchronization.
Buy and crush older vehicles to eliminate emissions from older, less emissions efficient
vehicles.
Provide new or modify stationary diesel engines in agricultural or other industrials uses.
Provide new or modify existing fleet vehicles or other mobile sources for private and public
institutions and organizations.
Provide new or modify fleet vehicles with alternative fuel engines, e.g., CNG (Compressed
Natural Gas).
Trees, depending on type.
New or modified engines for off-road heavy-duty vehicles.
This list maybe augmented or items deleted depending on feasibility and comments by the Sierra
Club, subdividers and others interested in air quality.
The city would facilitate this program by providing a list of example mitigations to choose from. The
city would have a specific list of mitigation measures which would involve our participation such as
fleet and equipment conversion to less polluting fuels, the emission reductions and the cost. The
advantages of this approach are that:
2.
3.
4.
it would be available very quickly.
It would be directly effective in pollution reduction.
Participation would be voluntary.
It could be quickly adjusted to take into account future requirements for SJVAPCD.
This pilot program could serve as a bridge to a more comprehensive approach to air pollution
mitigation. The City and air district may work out a fee system based on fur[her study and possible
expansion of this.
IT IS RECOMMENDED THAT:
City Council receive this report and approve presentation of the voluntary approach and
city's participation in providing mitigation projects to reduce air pollution to the Sierra Club
as a way to resolve its concerns about air pollution from subdivisions. If the Sierra Club
would be agreeable to this approach, staff would proceed to formalize a program.
JH
Admin\may\5-12-apcd