HomeMy WebLinkAbout07/21/04_CC_AGENDA_PACKET(15 rain)
(Ward 3)
BAKERSFIELD CITY COUNCIL
AGENDA
JULY 21, 2004
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m.
REGULAR MEETING- 5:15 p.m.
1. ROLL CALL
2. PRESENTATIONS
Presentation by Danielle McKinney and Barry Zoeller, Vision 2020 Committee, regarding the
Bakersfield Brand.
Presentation by Mayor Hall and John Enriquez, Chairperson, Keep Bakersfield Beautiful, of
certificate to In-N-Out Burgers, Panama Lane, for their efforts in keeping Bakersfield beautiful.
Presentation by Vice-Mayor Couch of Proclamation to Janet Zaldua, Chairman, Kern County
Department of Human Services, proclaiming August 1, 2004 as "Kids Day in the City of
Bakersfield."
3. PUBLIC STATEMENTS
4. APPOINTMENTS
One appointment to the Metropolitan Bakersfield Habitat Conservation Implementation Trust
Group due to the expiration of term of Westley Rhodehamei, term expires August 1, 2004.
Staff recommends Council determination.
One appointment to the Board of Directors of the North Bakersfield Recreation and Park
District, due to the resignation of Jake Sweeny.
Staff recommends Council determination.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of July 7, 2004.
Payments:
b. Approval of department payments from June 25, 2004 to July 8, 2004 in the amount of
$10,416,519.62 and self insurance payments from June 25, 2004 to July 8, 2004 in the amount
of $130,285.71.
Ordinances:
First Reading of Ordinance amending Subsection 14.12.270(B) and repealing Section
14.12.410 and adding new Sections 14.12.410 through 14.12.417 of the Municipal Code
relating to sewer permits and violations.
First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020
(Zone Map No. 103-22) fo Title 17 of the Municipal Code by changing the zoning from a PCD
(Planned Commercial Development) zone to a revised PCD (Planned Commercial
Development) zone on 7.5+ acres generally located on the southeast corner of Mount Vernon
Avenue and State Highway 178 to allow a 48,183 square foot commercial shopping center.
(Developer: Cahan Properties) (File #04-0480)
(Ward 6)
(Ward 4)
(Ward 4)
(Wards3,4)
(Ward 4)
CONSENT CALENDAR continued
Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone
Map No. 123-11) of Title 17 of the Municipal Code by changing the zoning from a PCD
(Planned Commemial Development) zone to a revised PCD (Planned Commercial
Development) zone to allow a self-storage and recreational vehicle storage facility on 5.97
acres generally located on the northwest corner of Wilson and South Real Roads. (ZC03-
1514) (Derrels Mini Storage/Jim Marino) (First Reading 7/7/04)
Ordinance adding Section 15.64.055 to the Municipal Code related to smoking regulations in
enclosed areas. (First Reading 7/7/04) (Refer to Legislative and Litigation Committee)
Resolutions:
g. Brimhall Planned Drainage Area:
1. Resolution adopting the Brimhall Planned Drainage Area.
Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to
Drainage Facilities. (First Reading 7/7/04)
Resolution in opposition to Proposition 68 Tribal Gaming Compact Renegotiation, Non-Tribal
Commercial Gambling, which is on the November 2, 2004 Ballot.
Resolution approving development plan review for construction of a 159 multiple family
dwellings and rental office/clubhouse and recreation areas on 18.83 acres located at 1000
River Ranch Drive within an R-2/PUD (Limited Multiple Family Dwelling-Planned Unit
Development) zone district.
Resolutions of Application proposing proceedings for two annexation areas that are uninhabited
territories to the City, property identified as Annexation No. 466 located north of Snow Road,
generally west of Calloway Canal and Annexation No. 467 located generally south of State
Highway 178 (south of the Rio Bravo development), east of Comanche Drive.
k. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield, LLC, for
Tract 5966 Unit 3 located west of Jewetta Avenue and north of Meacham Road.
Final Map and Improvement Agreement with Jewetta Development Company, LLC, for
Tract 6220 located north of Brimhall Road and east of Jewetta Avenue.
I. Subdivision Plan Checking Services:
1. Agreement with Willdan ($150,000.00) to provide plan checking services.
Appropriate $150,000.00 contribution to the Public Works Department Operating
Budget within the Development Services Fund.
5o
(Ward 1)
(Ward 1)
(Ward 3)
(Ward 6)
(Ward 4)
(Ward 2)
(Ward 2)
(Ward 1)
(Ward 2)
(Ward 1)
CONSENT CALENDAR continued
m. Grant Agreement with Federal Aviation Administration (FAA) accepting grant offer in the
amount of $150,000.00 for airport improvements.
n. Ground Lease Agreement with David Donahue for purposes of construction an aircraft storage
hangar at the Bakersfield Municipal Airport.
o. Stream Alteration Agreement with State of California Department of Fish and Game for the
seismic retrofit (bridge replacement) fo North Chester Avenue southbound bridge at the Kern
River.
p. Design Consultant Contract with Parsons Water and Infrastructure, not to exceed
$3,800,000.00 to provide design services for the Wastewater Treatment Plant 3 - 2007
Expansion.
q. Agreement with the Bakersfield Police Activities League describing the duties and obligations
of the parties relating to the receipt and disbursement of the "Pass Through" Grant monies.
r. Allen Road Sewer Improvement Project:
1. Amendment No. I to Consultant Design Agreement No. 03-378 with Meyer Civil
Engineers, Inc. ($14,550.00, for a total amount of $137,825.00) for design services.
2. Appropriate $14,550.00 County share of project costs to the Capital Improvement
Budget within the Sewer Enterprise Fund.
s. Amendment No. 4 to Agreement No. 97-181 with Flying Puck LLC (Bakersfield Condors) to
extend the term of the lease at Centennial Garden for an additional seven years.
t. Contract Change Order No. 2 to Agreement No. 03-347 with Griffith Company ($21,433.28, for
a revised contract amount of $416,132.96) for the parking lot expansion at P Street and 14th
Street.
Ditch Eradication and Pipeline Easement Agreement with Dale G. and Jan R. Scales for
Tentative Tract 6175 at the southeast corner of Snow Road and Coffee Road.
Bids:
v.
Accept bid to award annual contract to Pestmasters Services, Inc., not to exceed budgeted
amount of $73,000.00, for chemical application on City property.
Accept bid to award contract to Griffith Company ($376,720.00) to construct East California
Avenue Streetscape Project.
Accept bid to award contract to Best Roofing & Waterproofing, Inc. ($38,845.00) for restoration
of concrete decks at the Bakersfield Police Department Building.
Accept bid to award contract to Colombo Construction, Co. Inc. ($148,581.00) to construction
Wood Waste Recycle Maintenance Shed.
Miscellaneous:
Staff recommends adoption of Consent Calendar items a through y.
6o
(Ward 5)
(Ward 5)
(Ward 2)
(Ward 2)
(Ward 2)
CONSENT CALENDAR HEARINGS
a. Consolidated Public Hearing to consider appeals by Mclntosh and Associates of the Planning
Commission's decision to deny extensions of vesting rights for Tract 6086 and Tract 6087,
Phase A, B and C, located south of Ming Avenue, east of South Allen Road.
1. Resolution upholding the Planning Commission's decision and denying the appeals by
Mclntosh and Associates.
Staff recommends hearing be continued to August 18, 2004 and referred to Planning and Development
Committee.
b. Consolidated Public Hearing to consider appeals by Public Works Department of the Planning
Commission's decision to approve extensions of vesting rights for Tract 6087 Phase D, located
south of Ming Avenue, east of South Allen Road (Developer-Castle & Cooke), and Tract 6104,
Phases 1 and 5, located north of Panama Lane and east of Buena Vista Road (Developer-
Centex).
1. Resolution overturning the Planning Commission's decision and approving the appeals
by the Public Works Department.
Staff recommends hearing be continued to August 18, 2004 and referred to Planning and Development
Committee.
NEW BUSINESS
a. John Q. Hammons Hotels Two, L.P.:
1. Amendment No. 3 to Agreement No. 94/59/RA94-5 with John Q. Hammons Hotels Two,
L.P. to delete their role as concessionaire to the Convention Center, and deed the
ballroom to John Q. Hammons Hotels Two, L.P.
2. Declaration of Easement and Cross-Easements between the City and John Q.
Hammons Hotels Two, L.P.
Staff recommends approval of amendment to agreement and declaration of easement and cross-
easements.
b. Amendment No. 1 to Agreement No. 03-099 with Aramark Entertainment, Inc. regarding a
transfer of concession and alcohol services to Aramark in the Convention Center.
Staff recommends approval of amendment to agreement.
c. Sale of Holiday Inn Select to Brighton Management, LLC. in accordance with Section 701 of
the Disposition and Development Agreement between the City and John Q. Hammons Hotels.
Staff recommends Council authorize the sale of the Holiday Inn Select to Brighton Management.
4
8. CLOSED SESSION
Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government
Code Section 54956.9 (b)(1)(C); In the matter of Claim No. 03-05-169, by Kenneth Kind.
Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government
Code Section 54956.9 (a) City of Bakersfield v City of Shafter, KCSC Case NYA.
RECONVENED MEETING - 7:00 p.m.
10.
11.
12.
13.
14.
15.
ROLL CALL
INVOCATION by Father Dan Coyle, Sacred Heart Catholic Church.
PLEDGE OF ALLEGIANCE by Rosebrooke Wolaver, 4th Grade Student at Stine Elementary School.
CLOSED SESSION ACTION
PUBLIC STATEMENTS
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
pi
7/15/04 12:42pm
AGENDA HIGHLIGHTS
JULY 21,2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
APPOINTMENTS
There will be one appointment to the Metropolitan Bakersfield Habitat Conservation Implementation Trust
Group, and one appointment to the Board of Directors of the North Bakersfield Recreation and Park
District.
CONSENT CALENDAR
Ordinances:
Item 5c. First Readinq of an Ordinance Amendinq the Municipal Code relatinq to Sewer Permits and
Violations. City Staff, working with Carollo Engineers, has developed an Enforcement Response Pla,
(ERP), required by federal law, that contains detailed procedures indicating how the City investigates and
responds to instances of Industrial User (IU) noncompliance (illegal industrial waste discharge to the
sanitary sewer system.)
Item 5d. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq from a
PCD (Planned Commercial Development/Zone to a Revised PCD (Planned Commercial Development/
Zone on 7.5+ Acres Generally Located on the Southeast Corner of Mount Vernon Avenue and Statu
Hiqhway 178. This project consists of development of a 48,183 square foot mixed use commercial
shopping center. The square footage of the shopping center has been reduced from 67,300 due to
substitution of a large retail store and in-line tenant building for a grocery store, and addition of restaurant
and retail pads. There are four additional pads fronting Mount Vernon Avenue, two of which are planned
for fast food restaurants.
In February, 2001 Council approved C-2 (Commercial) zoning for the adjacent Home Depot site and
required the remaining area west of Home Depot to be developed pursuant a PCD zone. This item
complies with that GPA condition. In September, 2002, Council approved another PCD zone change
which consisted of the original 67,300 square foot shopping center noted above. Several conditions
related to traffic improvements along the extension of Mall View Road through the project site to Mount
Vernon Avenue were adopted. These conditions have been carried over and included in the conditions
of approval for this item.
There is a remnant stretch of right-of-way, which had served as a frontage road paralleling Mount
Vernon. The City retains the right-of-way for this frontage road to use in the future for the redesign of the
Hwy. 178 on-ramp from Mount Vernon. As previously conditioned, until that on-ramp project is ready for
construction, staff recommends the developer install a landscape strip along the east and west sides of
the right-of-way. One 10-foot wide landscape strip would be behind the sidewalk along the west side of
this right-of-way that would be removed upon construction of the on-ramp project. The second
landscape strip would be minimum 10-feet wide along the east boundary of the right-of-way and be
permanent. A 10-foot wide landscape strip would also be constructed across the south boundary of the
right-of-way. This landscaping would be maintained by the developer.
Item 5f. Ordinance Amendinq the Municipal Code Related to Smokinq Requlations in Enclosed Areas.
Questions were raised subsequent to the first reading on July 7th. Councilmember Benham requests that
this issue be referred to the Legislative and Litigation Committee.
Agenda Highlights
July 21, 2004
Page 2
Resolutions:
Item 5h. Resolution in Opposition to Proposition 68 Tribal Gaminq Compact Reneqotiation, Non-Tribal
Commercial Gamblinq, which is on the November 2, 2004 Ballot. Proposition 68 authorizes the
Governor to renegotiate tribal-state compacts in an attempt to boost revenues for additional child
protective services, police and fire. It authorizes up to 30,000 slot machines at certain California
racetracks and card rooms, located in Los Angeles, San Diego, Contra Costa, Alameda, Orange, and
San Mateo Counties, un~ess all Indian tribes with existing tribal compacts agree to specified terms. It
benefits specific owners of racetracks and card clubs in those counties, and exempts them from state
and local laws, including CEQA and zoning laws, as well as new or increased state or local taxes, fees or
levies.
Proposition 68 is opposed by public safety groups including the California Police Chiefs Association and
the California State Firefighters Association due to the serious link between large scale casino gambling
and crime. Passage of this Proposition would pose an additional drain upon local government for local
services including infrastructure (streets, roads, facilities) and public safety (police and fire), leaving no
discretion to allocate funds to respond to local needs and priorities.
Vice Mayor Couch respectfully requests Council approval of the resolution in opposition to Proposition
68.
Aqreements:
Item 51. Aqreement with Wildan for Subdivision Plan Checkinq Services in the amount of $150,000.
The Subdivision Section of the Public Works Department currently has a nine-week backlog for
improvement plan check. In order to reduce the backlog and regain an acceptable service level for the
development community, the Building Industry Association (BIA) will fund, through a donation of
$150,000, a consultant contract for plan checking services on a short-term basis. This contract is
contemplated to be for a period of six months to a year. Three Statements of Qualifications (SOQ's)
were received. Based on the City's Qualification Based Selection process, staff recommends award to
Wildan.
Item 5p. Desiqn Consultant Contract with Parsons Water and Infrastructure to Provide Desiqn Services
for the Wastewater Treatment Plan 3 - 2007 Expansion, in an amount not to exceed $3,800,000. The
rapid growth in housing on the west side of Bakersfield will cause the existing treatment capacity in
Wastewater Treatment Plant 3 to be exceeded in 2007. The first step in this process is to hire a design
consulting firm to study the current and future treatment issues, develop a facility plan, and design
construction plans for the expansion. Five firms responded to the Request for Proposals. These firms
were interviewed by a selection committee and ranked on their qualifications, ability to perform the work,
and understanding of the project requirements. Based on the interviews, the top ranked firm was
Parsons. Parsons also provided the best value to the City because of their highly qualified team of
professionals, experience, ability to coordinate and deliver a large design project within a compressed
delivery schedule, and their Fee Proposal.
Item 5s. Amendment No. 4 to Aqreement No. 97-181 with Fl¥inq Puck LLC (Bakersfield Condors) to
Extend the Term of the Lease at Centennial Garden for an Additional Seven Years. The City's current
lease with the Condors contains two seven-year renewal options if terms of renewal are successfully
negotiated. A summary of significant changes includes: Basic rent will increase from $5,464 to $6,150
per game; lease costs are converted from a per-season amount to a per-game amount; and the suite
pass through format was changed from a percentage of the total lease revenue to, essentially, a flat fee,
and a performance incentive has been added. The lease renewal overall is quite standard, and in
keeping with past fees plus reasonable inflationary cost increases.
Agenda Highlights
July 21,2004
Page 3
Bids:
Item 5w. Award Contract to Griffith Company to Construct the East California Avenue Streetscape
Proiect in the amount of $376,720. The East California Avenue Streetscape Project will provide
landscaped median islands from Union Avenue to King Street. Funding is provided by the U.S.
Department of Housing and Urban Development (HUD). This project is part of the $2 million
improvements for Southeast Bakersfield. Two acceptable bids were received. Staff recommends award
to Griffith Company.
Item 5x. Award Contract to Best Roofinq & Waterproofinq, Inc. for Restoration of Concrete Decks at
the Bakersfield Police Department Buildinq in the amount of $38,845. The work to be performed
consists of, in general, of power washing the decks outside the parapet wails on the roof and the
decks outside the second floor; and coating both decks with new waterproofing material. Current
funds budgeted for this project are $40,000. Two acceptable bids were received. Staff recommends
award to Best Roofing & Waterproofing, Inc.
CONSENT CALENDAR HEARINGS
items ea. Consolidated Hearinq to Consider Appeals by Mclntosh & Associates of the Planninq
Commission's Decision to Deny Extensions of Vestinq Riqhts for Tract 6086, and Tract 6087 - Phases
A, B, and C; and
Item 6b. Consolidated Hearinq on Appeals by the City's Public Works Department of the Planninq
Commission's Decision to Approve the Request to Extend Vestinq Riqhts for Tract 6087 - Phase D, and
Tract 6104 - Phases 1 and 5.
The two hearings are related, although they involve two different actions by the Planning Commission
being appealed. Both involve requests for extension of vesting rights. A subdivider has vesting rights for
a one-year period beginning on the date of map recordation. Once it expires, the Traffic Impact Fee for
each residence, as determined by a resolution approved in September 2003, is $5,780. Council also
approved, in September 2003, a resolution increasing the Park Development Fees from $647 to $1,275
per unit. Should the vesting rights be extended for one year for the Tracts noted in Item 13a., it is
estimated that $390,258 in these fees would not be collected.
The request for extension of vesting rights was approved for the Tracts noted in Item 13b. The reason
given for approval was that the three maps had had building permits issued, so the developer was
making progress; therefore it would be appropriate to extend the vesting rights. The fees lost to the City
should this approval not be overturned total $170,565. The key issue on both these appeals is the loss
of revenue to the City of approximately $560,823.
Representatives from Castle & Cooke met with staff and explained certain characteristics of their
subdivisions which may be unique and worthy of additional discussion with a Council committee. It is
recommended that these cases be referred to the Planning and Development Committee for additional
review.
NEW BUSINESS
Item 7a. Amendment No. 3 to Aqreement No. 94-59/RA94-5 with John Q. Hammons Hotels Two, L.P. to
Delete their Role as Concessionaire to the Convention Center, and Deed the Ballroom to John Q.
Hammons Hotels Two, L.P., and Declaration of Easement and Cross-Easements. One provision in the
original agreement gave concession and catering rights within the Convention Center to the hotelier.
This development amendment would give up that right, except that the hotel would continue to cater
events it books.
Agenda Highlights
July 21, 2004
Page 4
AS a trade off for giving up this service, the hotel would like the City to deed them the hotel ballroom.
Staff views this as largely a technical change since the ballroom itself is controlled by the hotel without
rent for ten more years with two additional five-year extensions. There is also a cross easement
document tied to this, which simply clarifies access and related questions on revised property lines and
common areas.
Staff believes that these changes will improve customer service, satisfaction and consistency, and are of
significant advantage to implement at this time.
Item 7b. Amendment No. 1 to Aqreement No. 03-099 with Aramark Entertainment, Inc., reqardinq a
Transfer of Concession and Alcohol Services to Aramark in the Convention Center. This amendment will
reflect the new concession responsibilities and dovetails with the Hammons agreement (Item ea., above)
in that Aramark will assume the concession and alcohol service responsibilities at the Convention Center
previously handled by Hammons. Aramark currently provides concession and catering service to the
Centennial Garden. The City will receive 30% of the gross receipts in concessions and alcohol, which
are essentially the same terms as provided for under the Hammons agreement.
Item 7c. Sale of Holiday Inn Select to Briqhton Manaqement, LLC. When the Holiday Inn Select was
constructed, the development agreement gave to the City the right to review and approve its sale or
transfer. We have received a request from the Hammons firm to authorize the sale to Brighton
Management, LLC. Staff has checked references on other Brighton Hotels. We have also reviewed their
financial statements and completed background checks. Based on these reviews and the information
forwarded to us, we believe approval of the transfer is in the best interest of the City and recommend that
Council approve the transfer.
This transfer comes as no surprise as it is a normal and customary part of the hotel business generally
and Hammons in particular. The various items on the agenda dealing with the hotel in advance of this
one have been coordinated with the purchaser so they are aware of and accept the changes.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of potential litigation and one potential
initiation of litigation.
Approved:
Alan Tandy, City Manager
cc: Department Heads
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004 AGENDA SECTION: Presentations
ITEM: <:~. o,..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
July 8, 2004
DEPARTMENT HEAD~D
CITY ATTORNEY
c TY MA.AGE.
Presentation by Danielle McKinney and Barry Zoeller, of Vision 2020 Image Committee,
regarding the Bakersfield Brand.
RECOMMENDATION:
BACKGROUND:
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July 8, 2004, 4:03PM
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ADMINISTRATIVE REPORT
MEETING DATE: July 21. 2004
AGENDA SECTION: Presentations
ITEM: ,,~.. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
July 8, 2004
DEPARTMENT HEAD 0,_~
CITY ATTORNEY
CITY MANAGER ~"~/-.~
SUBJECT:
Presentation by Mayor Harvey L. Hall and John Enriquez, Chairperson of Keep Bakersfield
Beautiful, of Certificate to In-N-Out Burgers on Panama Lane, for their efforts in keeping
Bakersfield beautiful.
RECOMMENDATION:
BACKGROUND:
ndw
July 8, 2004, 3:37PM
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ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Presentation
ITEM: 5. C.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Vice - Mayor David Couch.~ ~
July 9, 2004
APPROVED
DEPARTMENTHEAD (/~ J
CITY ATTORNEY -
ClTY MANAGER ~
Presentation by Vice-Mayor Couch of Proclamation to Janet Zaldua, Chairman Kern County
Kids Day, proclaiming August 1, 2004 as "Kids Day in the City of Bakersfield."
RECOMMENDATION:
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Appointments
ITEM: L~, ~.
r
TO:
FROM:
DATE:
SUBJECT:
H°norable Mayor and City Cou,,~l~ / APPROVED
Pamela A. McCarthy, City CI ke~..~D,M-~' DEPARTMENT HEAD
July 9, 2004 CITY ATTORNEY
CITY MANAGER
One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group
due to the expiration of term of Westley Rhodehamel, term expires August 1, 2004.
RECOMMENDATION:
StaffrecommendsCouncildetermination.
BACKGROUND:
One appointment to the Metropolitan Bakersfield Habitat Conservation Trust Group due to the expiration
of term of Westley Rhodehamei, public member whose term expires August 1, 2004.
An application to fill the expired term has been received from the following individual:
· Westley Mitchell Rhodehamel
The Trust Group is comprised of five members including one representative from the City of Bakersfield;
one from the County of Kern; and three advisory members. Mandatory advisors to the Trust Group
include the California Department of Fish and Game; the U.S. Fish and Wildlife Service; and an appointed
City/County "member of the public" who serves a two year term in which the City and County alternate the
appointment. The public member is not required to live in a specific ward, however he/she must be a City
resident and possess some knowledge of the workings of the Metropolitan Bakersfield Habitat
Conservation Trust Group.
The Trust Group develops and adopts rules and regulations governing the conduct of the Agency and
assists in the implementation of a joint City of Bakersfield/County of Kern conservation program which
addresses State and Federal Endangered Species Law. The public member acts in an advisory capacity
to the Trust and provides input on decisions regarding preserve land acquisition and management.
Meetings are held on scheduled dates at the Kern County Administrative Building.
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July 9, 2004, 11:45AM
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ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Appointments
ITEM: ~, b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
APPROVED
DEPARTMENT HEA~
June 25, 2004 CITY ATTORNEY__
MANAGER
One appointment to the Board of Directors of the North Bakersfield Recreation a~d
Park District, due to the resignation of Jake Sweeny.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Board of Directors of the North Bakersfield Recreation and
Park District due to the resignation of Jake Sweeny, whose term expires December 20, 2007.
The news release was posted May 6, 2004.
An application for appointment has been received from the following:
· William Kent O'Rullian
· Stuart J. Patteson
A copy of Mr. O'Rullian's and Mr, Patteson's applications are provided for your information.
The five member District Board has the responsibility of providing the District with clearly
defined goals and objectives in support of its mission; to provide and maintain an adequate
program of recreation activities and a system of areas and facilities designed to support them;
and to establish rules and regulations governing internal organization and operation. City
representatives are nominated and appointed by the full Council, and must be a resident of the
City throughout their four-year term.
Meetings are held on the third Monday of each month at 5:30 p.m., at the District Office, 405
Galaxy Avenue.
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ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
IAGENDA SECTION: Consent Calendar
ITEM: .~, o~.
TO:
FROM:
DATE:
Honorable Mayor and City C~uncil
Pamela McCarthy, City Clerk
July 9, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the July 7, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval,
BACKGROUND:
APPROVED
kt
MEETING DATE:
ADMINISTRATIVE REPORT
July 21, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~.b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
July 9, 2004
APPROVED
DEPARTMENT HEAD ./f,/~'(~
CITY ATTO RN Ey..~._~/~'?-~''
CITY MANAGER ~r'~_.~)'~'~
Approval of department payments from June 25, 2004 to July 8, 2004 in the amount of
$10,416,519.62 and self insurance payments from June 25, 2004 to July 8, 2004 in the
amount of $130,285.71.
RECOMMENDATION:
Staff recommends approval of payments totaling $10,546,805.33
BACKGROUND:
klg
July 9, 2004, 9:32AM
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ADMINISTRATIVE REPORT
MEETING DATE: July 21,2004
AGENDA SECTION: Consent Calendar
ITEM: ~.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 8, 2004
APPROVED
DEPARTMENT HEAD
CITY A'rFORNEY
CITY MANAGER
An Ordinance amending subsection 14.12.270(B) and Repealing Section
14.12.410 and Adding New Sections 14.12.410 through 14.12.417 of the
Bakersfield Municipal Code Relating to Sewer Permits and Violations.
RECOMMENDATION: Staff recommends first reading of the ordinance.
BACKGROUND:
As specified in 40 CFR 403.8(f)(5), the City of Bakersfield is required by federal law to develop an
Enforcement Response Plan (ERP). City Staff, working with Carollo Engineers, has developed an ERP
that contains detailed procedures indicating how the City investigates and responds to instances of
Industrial User (IU) noncompliance (illegal industrial waste discharge to the sanitary sewer system.)
This ERP provides guidance for actions taken in response to all types of IU violations; the time periods
within which responses will take place; and identifies the official(s) responsible for each type of response.
The trial period has concluded and the staff has modified the procedures to make them most suitable for
the City's operation and is ready to have the ERP finalized. In order for the ERP to work, the Municipal
Code sections listed above must be repealed or amended. These Municipal Code revisions are
necessary to give City staff authority to enact the ERP to control illegal discharges of industrial waste to
the sewer system and to prevent damage to our wastewater treatment plants and the environment. The
actions required are to amend subsection 14.12.270(B), to repeal section 14.21.410, and to add new
sections 14.12.410 through 14.12.417.
City staff will, after adoption of the ordinance amendment, recommend the adoption of the Enforcement
Response Plan.
ADMINISTRATIVE REPORT
MEETING DATE: July 21,2004
IAGENDA SECTION: Consent
ITEM: 5. cL..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 7, 2004
D EPARTM ENTH EA~...j.~.
CITY ATTORNEY ~/~:~"~
CITY MANAGER
Ordinance adopting a negative declaration and amending Section 17.06.020(Zone Map
No.103-22) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from a PCD (Planned Commercial Development) zone to a revised PCD (Planned
Commercial Development) zone on 7.5± acres generally located on the southeast
corner of Mount Vernon Avenue and State Highway 178 to allow a 48,183 square foot
commercial shopping center.(Developer: Cahan Properties) (File # 04-0480) (Ward 3)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On July 1, 2004, the Planning Commission recommended approval of PCD Zone Change #04-
0480 to allow development of a mixed use commercial shopping center. The project site is located
at the southeast corner of State Highway 178 and Mount Vernon Avenue. The shopping center
proposed by Zone Change #04-0480 reduces the total building square footage of the previously
approved PCD from 67,300 to 48,183 square feet. The previously approved grocery store building
has been changed to depict a large retail store (OfficeMax) and an in-line tenant building. In
addition, a restaurant pad and retail pad have been added. Four pads fronting Mount Vernon
Avenue remain. Building plan checking is nearly complete on two of these for pads for fast food
restaurants.
No one spoke at the public hearing and the applicant has agreed all the conditions of approval.
Past actions on the project site include approval of General Plan Amendment and concurrent Zone
Change #P00-0744 on February 14, 2001. The Council approved General Commercial land use
designation on the project site and the adjacent Home Depot property, which covered 27.9 acres.
Council approved C~2 (Commercial) zoning for the Home Depot site and required the remaining
area west of Home Depot to be developed pursuant a PCD (Planned Commercial Development)
zone. PCD ZC #04-0480 complies with the GPA condition to develop the property under a PCD
zone.
ADMINISTRATIVE REPORT
Page 2
In September 2002, the City Council approved PCD Zone Change 02-0263. This PCD consisted of
67,300 square foot shopping center including a grocery store and four fast food restaurants. Much
of the discussions focused on internal circulation of the shopping center. Several conditions
related to traffic improvements along the extension of Mall View Road through the project site to
Mount Vernon Avenue were adopted. These conditions have been carried over and included in
the conditions of approval for PCD Zone Change 04-0480. The developer is required to extend the
second east bound lane and channelize to provide a trap right turn lane at the first north-south
parking aisle. Street improvements along Mt. Vernon Avenue have been completed with the Home
Depot construction.
The proposed architecture of the OfficeMax and in-line tenant building depicts single story
buildings. The color scheme inctudes brown and beige stucco finish on the top half of the buildings,
and split-face block on the bottom half of the front elevation. Red metal batons and round steel
columns provide contrasting accent. A decorative cornice runs along the roofline of the in-line
tenant building. The elevation of the retail pad building continues the same brown/beige stucco
finish with block pilasters. A cornice trims the roofline and red metal columns accent the main
entrance. The restaurants each have an oversized parapet over the entrance and carry the similar
color schemes as the retail buildings.
The landscape plans depict the silk tree, fern pine and afghan pine. Shrubs and ground cover
include daylilies, privets India hawthorn star jasmine and turf. Most of the applicant's landscaping
plan appears to be consistent with Zoning Ordinance requirements, except for minor additions,
including but not limited to installing a 7-foot wide landscape strip along the entire south boundary
of the commercial site, providing the 40% shade coverage, and additional trees in some parking
areas and building frontages. Final landscape plans are required to comply with the Zoning
Ordinance.
Based on ordinance requirements, the proposed 7.5 acre shopping center would require a
minimum 345 parking spaces. The site plan shows 345 parking spaces. However, the required
Fire Lane adjacent the in-line retail building eliminates 14 parking spaces. The developer shall
need to reduce building square footage to meet the parking ordinance requirements. The site plan
depicts shared drive aisles and internal street connection between the subject property and Home
Depot. A covenant or easement for reciprocal parking and access is required.
There is a remnant stretch of right-of-way, which had served as a frontage road paralleling Mount
Vernon Avenue as access to an existing church located north of the shopping center. As a
condition of the approval for related GPA #P00-0744, this frontage road would not be used for
traffic. Access to the church is now provided through the shopping center between the Home
Depot and this shopping center site. The City retains the right-of-way for this frontage road to use
in the future for the redesign of the Hwy. 178 on-ramp from Mount Vernon. As previously
conditioned, until that on-ramp project is ready for construction, staff recommends the developer
install a landscape strip (per Landscape Ordinance standards) along the east and west sides of the
remnant right-of-way. One 10-foot wide landscape strip would be behind the sidewalk along the
west side of this right-of-way that would be removed upon construction of the on-ramp project. The
second landscape strip would be minimum 10-feet wide along the east boundary of the right-of-
way and be permanent. A 10-foot wide landscape strip would also be constructed across the south
boundary of the remnant right-of-way. This landscaping would be maintained by the developer.
Staff is of the opinion that these requirements would greatly enhance the aesthetics of the
ADMINISTRATIVE REPORT Page3
shopping center from Mount Vernon Avenue (an arterial street) and reduce confusion of drivers
seeing regular travel lanes on Mount Vernon Avenue and a frontage road that is no longer in use.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area,
therefore a Negative Declaration was prepared and advertised in accordance with CEQA.
JE
Admin~july\7-21-0480
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Consent
TEM: ~. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 7, 2004
DEPARTMENT HEA~ .;~'~.~
CITY ATTORNEY~~
CITY MANAGER
An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone
Map No. 123-11) of Title Seventeen of the Bakersfield Municipal Code by changing the
zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned
Commercial Development) zone to allow a self-storage and recreational vehicle storage
facility on 5.97 acres generally located on the northwest corner of Wilson and South Real
Roads (FILE # 03-1514) (Derrels Mini-storage/Jim Marino) (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading on July 7, 2004.
On May 20, 2004, the Planning Commission recommended approva~ of a PCD (Planned
Commercial Development) zone to allow a 122,000 square foot self-storage and recreational
vehicle storage facility on 5.97 acres located on the northwest corner of Wilson and South Real
Roads. The facility will be operated in conjunction with the existing Derrel's mini-storage located
on the south side of Wilson Road.
Only the applicant spoke at the Planning Commission hearing. No one spoke in opposition to the
project. The applicant held a neighborhood meeting on February 23, 2004 at Stine School. The
applicant sent notices to property owners within 300 feet of the project inviting them to attend an
informational meeting regarding the proposed mini storage project. The meeting was held with no
one attending or making comments.
This in-till project will be developed in two phases. The first phase will include completion of the
perimeter storage buildings on all sides totaling approximately 86,400 square feet of building area.
Aisc included in the first phase are all street improvements, and landscaping. The perimeter
storage walls are proposed at 8'4" in height as is typical with Derrel's facilities. No setback is
proposed along the rear and side yards for the perimeter structures. The rear of these perimeter
buildings serve as the perimeter walls for the project. A minimum 6-foot high masonry wall is
required along the portions of the perimeter where no structure is located.
ADMINISTRATIVE REPORT
The interior of the project would be rough graded and covered with a gravel base with Phase 1.
These graveled areas are for covered and uncovered temporary RV storage. Phase 2 of the project
is the removal of the RV storage and construction of the interior storage buildings. The timing of
Phase 2 is dependent upon market demands. The RV storage is intended to be temporary until
there is a demand for constructing the interior storage units. Some of the RV storage will provide
covers that range from 12 feet to 15 feet in height. The applicant indicates options for RV covers
include shade structures with open sides, partially enclosed and fully enclosed shade structures.
The applicant has agreed to several conditions of approval to address lighting, security camera
placement and pole heights that limit intrusion into the adjacent residential neighborhood. These
conditions mirror conditions the Council recently attached to a Derrels mini-storage project in a
similar setting on Wible Road, south of Panama Lane.
In 1979, the developer at the time deeded 30-feet of land to each single family residential lot along
the west boundary. This additional 30-feet has extended the back yards of the homes, and created
a buffer between the homes and the commemial development. The previous PCD plans approved
for the project site included a mix-use retail shopping center (Zone Change 4956 approved in
1990) and a stand-alone grocery store (Zone Change 5442 approved in 1993). Neither of these
projects were built and the property has remained undeveloped.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area,
therefore a Negative Declaration was prepared and advertised in accordance with CEQA.
JE
Admin\jul\7-21-1514
ADMINISTRATIVE REPORT
ME~- I lNG DATE: July 21,2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
July 16, 2004
APPROVED
DEPARTMENT HEAD
CITY ATI'ORNEY //~.~
An Ordinance adding Section 15.64.055 to the Bakersfield Municipal Code
related to smoking regulations within enclosed areas.
RECOMMENDATION:
Staff recommends referral to the Legislative and Litigation Committee.
BACKGROUND:
The ordinance received first reading at the July 7, 2004, City Council meeting.
California law prohibits smoking in most places of employment. It also provides that to the extent
State law does not regulate smoking of tobacco products, local laws may be implemented.
This ordinance basically adopts State standards regarding smoking and fills the loophole in State
law by prohibiting smoking lounges to be located in or adjacent to bars.
Most importantly, and in addition to criminal or civil enforcement, this ordinance allows for more
effective enforcement by allowing the Fire Chief or his designee to enforce violations of the ordinance
administratively through fines.
ADMINISTRATIVE REPORT
MEETING DATE: July 21,2004
AGENDA SECTION: Consent Calendar
ITEM: ,~. 9'
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 13, 2004 CI'I'Y ATTORNEY
CITY MANAGER
SUBJECT:
Brimhall Planned Drainage Area: (Ward 4)
1. Resolution adopting the Brimhall Planned Drainage Area,
Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating
to Drainage Facilities. (First Reading 7/7/04)
RECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinance.
BACKGROUND: The City is proposing a drainage system to consolidate the drainage facilities for the
area north of Brimhall Road and between Jewetta Avenue and Verdugo Lane. The proposed system will
consist of a pipeline system that will drain water to a central basin. Funding for this project would be
through a Planned Drainage Area (PDA). Future developments in this area would pay their proportionate
share of the cost of this project.
July 13, 2004, 9:41AM
G;\GROUPDAT'~,DMINRPT\2.004\07-21\BrimhaII-Admin_Adopt of Res. DOC
Cv
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Consent Calendar
ITEM: 5. h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
July 9, 2004 CITY ATi'ORNEY
Resolution in Opposition to Proposition 68 Tribal Gaming Compact Renegotiat~n, Non-
Tribal Commercial Gambling, which is on the November 2, 2004 Ballot
RECOMMENDATION:
Vice Mayor David Couch recommends approval by the full Council.
BACKGROUND:
Proposition 68 authorizes the Governor to renegotiate tribal-state compacts which has been determined
by the Legislative Analyst to have a fiscal impact of increasing local government revenues of likely over
$1 billion annually from new gambling, and which would be used primarily for additional child protective
services, police and fire. Several very real concerns are incorporated within the measure.
It authorizes up to 30,000 slot machines at certain California racetracks and card rooms, located in Los
Angeles, San Diego, Contra Costa, Alameda, Orange, and San Mateo Counties, unless all Indian tribes
with existing tribal compacts agree to specified terms.
It benefits specific owners of racetracks and card clubs, primarily in Southern California, and exempts
them from state and local laws, including CEQA and zoning laws, as well as new or increased state or
local taxes, fees or levies.
There is a direct correlation between gambling and crime which will pose an additional drain upon local
government for local services including infrastructure (streets, roads, facilities) and public safety (police
and fire), leaving no discretion to allocate funds to respond to local needs and priorities.
Proposition 68 is opposed by public safety groups including the California Police Chiefs Association
and the California State Firefighters Association due to the serious link between large scale casino
gambling and crime.
Vice Mayor Couch respectfully requests Council approval of the resolution in opposition to Proposition
68.
July 9, 2004, 11:07AM
P:\L&L~,dmin Reports~ADM0407211-Prop68Resolution.dcc
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Consent
ITEM: ,~. ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 12, 2004
/,~PJ:IOVED
DEPARTMENT
CITY ATTORN YE~ ~
CITY MANAGER
Resolution approving development plan review for construction of 159 multiple family
dwellings and rental office/clubhouse and recreation areas on 18.83 acres located at 1000
River Ranch Drive within an R-2 PUD (Limited Multiple Family Dwelling-Planned Unit
Development) zone district. (Ward 4)
RECOMMENDATION:
Adopt the resolution approving the P.U.D. development plan for River Ranch Drive.
BACKGROUND:
The Planning Commission approved the P.U.D. development plans on June 3, 2004. City Council
approved the R-2/P.U.D. zoning for the site on February 11, 2004. The proposed project is
located on 400 feet south of Brimhalt Road, approximately 1,000 feet west of Coffee Road.
In addition to the Planning Commission hearing, this project has received previous public hearings
and approvals that include General Plan Amendment and Zone Change #03-1178 approved in
February 2004 changing the land use entitlements from commercial to multiple family residential.
On May 20, 2004, the Planning Commission also approved Vesting Tentative Tract Map 6295 for
this project. In all, there have been four noticed public hearings on this project. The project was
also featured in an article in the Bakersfield Californian. No appeals were filed on the Planned
Development Review or any of the related applications. In accordance with the ordinance
requirement of the R-2/PUD designation, the site plan for this development is a perfunctory action
before the City Council. Council's consideration of this development plan review is limited to
architectural design. Since the Planning Commission approval in June, several residents have
contacted staff to voice concerns with increased traffic and the location of the entrances to the
apartment development.
The proposed project is adjacent to an established single and multiple family residential
neighborhood. The northernmost primary access is off River Ranch Drive, a local street, which
currently carries multiple family and single family residential traffic from Brimhall Road into the
neighborhood and the project area. The second access is from Fox Run Drive, a local street,
which was planned to extend from the single family residential neighborhood to the east into the
ADMINISTRATIVE REPORT
project area. Both access points to the project will be gated. The concern has to do with the
multiple family residential traffic sharing the existing streets that serve the neighborhood.
The project consists of primarily four-plexes on 40 lots to be constructed in two phases for a total ef
159 units. The recreational amenities include an office/clubhouse with swimming pool and an open
space turfed area.
The typical design is for two buildings to front onto a common drive to access garages. The unit
facing the street depicts architectural features such as arch facades, window with exterior trim, and
varying rooflines and gables. The gated private street has 90 degree angle parking to serve as
guest parking. The development is required to provide a minimum of 477 parking spaces per
ordinance. There are 441 regular parking spaces shown on the proposed site plan. In addition,
there are 318 tandem spaces. The tandem spaces are located in the front of the garages. A total of
759 spaces are shown on proposed site plan. The project would be short about 51 regular parking
spaces. Per BMC Section 17.58.110 (3), the Planning Director may approve tandem spaces to be
counted toward meeting the minimum parking requirements. Tandem spaces must be the
standard size of a regular parking space at 9' wide x 18' long. The tandem parking provided for
each unit would more than accommodate the shortage of regular parking spaces No parking shall
be allowed along the bulb portion of the cul-de-sacs in order to provide enough turning clearance
for emergency (fire trucks) and public service (garbage trucks).
In order to provide for the visual relief along the street frontages, the applicant has alternated the
parking areas with landscaped areas. These landscaped areas provide for the meandering
sidewalk. The end unit faces the street. The resulting visual appearance is consistent with the
intent of the City's ordinance of providing staggered setbacks along the street for multiple family
dwellings with 4 units or less.
The single-story apartment units will be constructed of stucco with brick and wood trim, will be
painted earth tones and will have tile roofing. There are four different elevations proposed. The
elevations show alternate window shapes and treatments, such as shutters, plant ledges, and
different patterns in the windowpanes. Parapets are shown in varying widths and heights.
The landscaping ptan depicts a variety of evergreen and deciduous tress including Bay Laurel,
southern magnolia, evergreen Chinese elm, red oak, red maple, white alder, ash, Chinese
pistache, crape myrtle and palm trees. Hypercium, star jasmine, ice plant, gazania and turf are the
proposed ground covers. At a minimum, landscaping shall conform to the City's Zoning Ordinance.
The project site is an infill project and is ideally located for a 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.
Based upon an initial environmental assessment in conjunction with related Vesting Tentative Tract
Map 6295, staff has determined the proposed project will not significantly affect the physical
environment or existing residential development in the area, therefore a Negative Declaration was
prepared.
JE
Admin\7-21-0518
ADMINISTRATIVE REPORT
MEETING DATE: July 21,2004
IAGENDA SECTION: Consent
ITEM: ~ ~,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
July 7, 2004
~/~ROVED
DEPARTMENT HE~_~
CITY A'I-fORNE~¢/
CITY MANAGER
SUBJECT:
Resolutions of Application proposing proceedings for two annexation areas that are
uninhabited territories to the City of Bakersfield property identified as Annexation No. 466
located north of Snow Road, generally west of the Calloway Canal and Annexation No. 467
located generally south of State Highway 178 (south of the Rio Bravo development), east of
Comanche Drive. (Wards 4 & 3)
RECOMMENDATION:
Staff recommends adoption of both resolution.
BACKGROUND:
The resolutions of application proposes proceedings for annexation of uninhabited territory,
identified as Annexation No. 466 located north of Snow Road, generally west of the Calloway
Canal on 102.57 acres and Annexation No. 467 located generally south of State Highway 178
(south of the Rio Bravo development), east of Comanche Drive on 620 acres to the City of
Bakersfield.
The property owners have consented to annexation. The owners want to receive city services.
MO
p:admin\july\7-21-466&467
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Consent Calendar
TEM: _~. ~.
J
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 30, 2004
Tract Maps and Improvement Agreements
DEPARTMENT HEAD ./~.~ROVED
p.. -
CITY ATTORNEY.~__~
CITY MANAGER ~
Final Map and Improvement Agreements with LB/L-DS Ventures Bakersfield, LLC, for Tract
5966 Unit 3 located west of Jewetta Avenue and north of Meacham Road. (Ward 4)
Final Map and Improvement Agreement with Jewetta Development Company, LLC, for
Tract 6220 located north of Brimhall Road and east of Jewetta Avenue. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
July 6, 2004, 9:31AM
G:\GROUPDAT~ADMINRPT\2004\07-21\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
IAGENDA SECTION Consent Calendar
ITEM: ..~. (.
TO: Honorable Mayor and City Council .~,~PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 13, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT: Subdivision Plan Checking Services:
1. Agreement with Willdan ($150,000) to provide plan checking services.
2. Appropriate $150,000 contribution to the Public Works Department Operating
Budget within the Development Services Fund.
RECOMMENDATION: Staff recommends approval of Agreement and appropriation.
BACKGROUND: The Subdivision Section of the Public Works Department continues to receive an
unprecedented number of submittals for plancheck and currently has a 9 week backlog for improvement
plan check. The goal is to review plans within 2 weeks of submittal. In order to reduce the plancheck
backlog and regain an acceptable service level for the development community, the Building Industry
Association (BIA) has proposed to fund, through a donation, a consultant contract for planchecking
services on a short term basis. This contract is contemplated to be for a period of 6 months to a year and
is intended to bring the plancheck backlog to a level that can be handled by City staff.
On June 3, 2004, the City of Bakersfield Public Works department issued a Request for Qualifications and
Proposals (RFQ&P). Three Statement of Qualifications (SOQ's) were received by the deadline of June
25, 2004. Staff has reviewed all of the SOQ's using the City's Qualification Based Selection process. As
a result of that process, the consultant contract is being awarded to Willdan.
Exhibit "B"
"Statement of Qualifications and Proposal for
Improvement Plan and
Final Map Review Services"
ON FILE WITH THE CITY CLERK
DUE TO ITS BULKY NATURE
raps
July 13, 2004, 11:02AM
G:\G ROUPDAT~ADMINRPT~2004\07-2 l\Plaocheck Consultant. doc
ADMINISTRATIVE REPORT
MEETING DATE: July 21,2004
AGENDA SECTION: Consent Calendar
ITEM: ,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 8, 2004
/~PPROVED
DEPARTME"THEAD ['~':~--- .
ClTY ATrORNEY /~
ClTY MANAGER ~
Federal Grant offer from the Federal Aviation Administration (FAA) in the amount of
$150,000 for airport improvements. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of the grant offer.
BACKGROUND: The FAA has established entitlement grants to Airport facilities for non-revenue
generating projects and maintenance. The amount dedicated to the Bakersfield Municipal Airport for fiscal
year 2004 is $150,000. The funds will be used to prepare a portion of the airport south of Planz Road for
aircraft hangars. The City is required to provide matching funds in the amount of $7,500 (5%). Funds are
available in the General Aviation Fund.
Accepting this grant will commit the City to keep the Airport operational for a minimum period of 20 years
from the date of the grant per FAA grant assurances.
PW_BBU July 8, 2004. 10:24AM
G:\GROUPDAT~ADMINRP'F~2004\07-21\FAA 2004 Grant.doc
ADMINISTRATIVE REPORT
I..MEETING DATE: July 21,2004
AGENDA SECTION: Consent Calendar
ITEM: ~. rt.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 8, 2004
DEPARTMENT HEAD
CITY ATTORNEY~..//~'~
CITY MANAGER
Ground Lease Agreement with David Donahue for purposes of constructing an aircraft
storage hangar at the Bakersfield Municipal Airport. (VVard 1)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the
purpose of allowing the construction of owner-hangars. Currently there are 16 such Ground Lease
Agreements and constructed hangars. The term of these agreements is for a period of 20 years with the
option of two 5-year extensions. The approximate size of the storage hangars is 2,500 square feet. This
Jand lease generates $60 per month in revenue.
BBU:maw
July 12, 2004, 12:45PM
G:\GROUPDAT'~ADMINRPT~2004\07-21\Hangar Lease AgrmtDonahue.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 2 t, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. O,
TO: Honorable Mayor and City Council APPR~O/~/ED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: June 29, 2004 CITY A'I-DORNEY
CITY MANAGER
SUBJECT:
Stream Alteration Agreement between the California Department of Fish and Game and the
City of Bakersfield for the seismic retrofit (bridge replacement) of North Chester Avenue
southbound bridge at the Kern River.
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The City of Bakersfield has a project for the seismic retrofit of the North Chester
Avenue southbound bridge over the Kern River. During strategy meetings for the design of the retrofit, the
committee determined that it was most cost effective to replace the existing bridge structure entirely. In
order to remove the existing bridge structure and construct the new bridge, the construction will require
alteration to the stream at this location to excavate and construct the new bridge foundation and structure.
This agreement sets forth conditions to mitigate the project's impacts in the river bed. The construction
contractor will be required to comply with these conditions; the terms of this agreement will be included in
the construction contract.
June 29, 2004, 1:10PM
G:\G ROU P DAT~ADMI N R PT~.004\07-28\DF&G AgreementNorlhChester.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION Consent Calendar
TO: Honorable Mayor and City Council AP/PROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 8, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Design Consultant Contract with Parsons Water and Infrastructure, not to exceed
$3,800,000, to provide design services for the Wastewater Treatment Plant 3 - 2007
Expansion.
RECOMMENDATION: Staff recommends approval of design services agreement to perform consulting
and design services for the expansion of Wastewater Treatment Plant 3.
BACKGROUND: The rapid growth in housing on the west side of Bakersfield will cause the existing
treatment capacity in Wastewater Treatment Plant 3 to be exceeded Jn 2007. The current capacity of the
plant is 16 million gallons per day (MGD). Plant 3 will be expanded to 24 MGD to accommodate the new
housing and the growth of the Dreyer's Grand Ice Cream Plant. The 1st step in this process is to hire a
design consulting firm to study the current and future treatment issues, develop a facility plan, and design
construction plans for the expansion. The project will be the most costly capital project ever undertaken
by the City and given that there is only 3 years to design and build the expansion, the qualifications and
experience of the design firm is very important.
City Staff issued a Request for Proposal (RFP) and received responses from 5 design firms. These firms
were interviewed by a selection committee and ranked on their qualifications, ability to perform the work,
and understanding of the project requirements.
The selection committee ranked all the firms without knowledge of the Fee Proposals. The top ranked
firm was Parsons Water and Infrastructure of Pasadena California. After a review of the Fee Proposals it
was decided that Parsons also provided the best value to the City because of their highly qualified team of
professionals, experience, ability to coordinate and deliver a large design project within a compressed
delivery schedule, and their Fee Proposal of $3,386,776.
W~NTP_DWhitten - July 9, 2004, 8:46AM
G:\G ROU P DAT~A DMIN R PT~2.004\07-21 \parsons admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Consent
ITEM: 9. ~
TO:
FROM:
DATE:
Honorable Mayor and City Council
William R. Rector, Chief of Police
June 29, 2004
DEPARTMENT HEAD
CITY ATTORNEY~._./
CITY MANAGER
SUBJECT: Bakersfield Police Activities League "Pass Through" Grant
Agreement between the City of Bakersfield and the Bakersfield Police Activities
League describing the duties and obligations of the parties relating to the receipt and
disbursement of the grant monies.
RECOMMENDATION:
Staff recommends entering into the Agreement.
BACKGROUND:
On May 26, 2004 the Council adopted Resolution 191-04, to act as a unit of local government to "pass
through" funding to the Bakersfield Police Activities League in compliance with Title V Grant funding. The
Council also appropriated $172,000 in Title V Grant funding to the Police Department for "pass through" to
the BPAL ( refer to Agenda Item 4m).
In order to determine the duties and obligations of both the City of Bakersfield and the BPAL, related to
receipt, disbursement management and documentation of the grant monies, and compliance with the
terms of the grant, both parties are desirous of entering in to this Agreement. This agreement defines the
relationship and responsibilities of both parties during the term of the aforementioned grant.
July 9, 2004, 12:37PM
Oocumentl
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004 AGENDA SECTION Consent Calendar
ITEM: 3.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD //~
DATE: July 7, 2004 CITY AI-I'ORNEY )~'~'
CITY MANAGER ~
SUBJECT:
Allen Road Sewer Improvement Project (Ward 4):
Amendment No. I to Agreement No. 03-378 with Meyer Civil Engineers, Inc. for
design services for Project.
Appropriate $14,550 County share of Project costs to the Capital Improvement
Budget within the Sewer Enterprise Fund.
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: Meyer Civil Engineering, Inc. is currently engaged by the City to perform survey and
design work for a new sewer line that will be placed in Allen Road between Stockdale Highway and
Noriega Road. Along Allen Road there is public right of way dedication but much of the length does not
have curb and gutter. In this area, Allen Road is maintained by the County Public Works Department.
County Public Works has expressed an interest in curb and gutter being added where possible along Allen
Road as a part of the City's sewer improvement project. The County Road Commissioner has informed
City Staff that the County will reimburse the City for this extra design fee. That reimbursement will be
included in a City/County agreement that will also cover the County's payment for construction of these
road improvements.
This amendment to the design agreement for Meyer Civil Engineering, Inc. (consultant) will allow the
consultant to proceed with the design work and include the new curb and gutter work in the project for the
Allen Road Sewer. This new construction work will occur along Allen Road between Stockdale Highway
and Meacham Road.
The total amount of the amendment for services is $14,550.00. This changes the original agreement
amount of $123,325.00 to a total amount of $137,875.00.
July 14, 2004, 9:42AM
G:\GROUPDAT~ADMINRPT~2004\07-21~Amend Agreement Meyer CE.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 21,2004
IAGENDA SECTION: Consent Calendar
ITEM: .5. ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Alan Tandy, City Manager
July 8, 2004
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER ,~/
Amendment No. 4 to Agreement No. 97-181 with Flying Puck LLC (Bakersfield Condors) to
extend the term of the lease at Centennial Garden for an additional seven years. (Ward 2)
RECOMMENDATION: Staff recommends that the City Council approve the renewal of the lease
with Flying Puck LLC, owner of the Bakersfield Condors, for a seven-year term.
BACKGROUND: The Bakersfield Condors are one of our primary tenants in Centennial Garden. We
have had a seven-year lease with them, which contains two seven-year renewal options if terms of
renewal are successfully negotiated.
Discussions have been taking place between the Condors, SMG and the City for the past few months on
lease renewal terms. A summary of significant changes from the past lease includes:
1. Basic rent will increase from $5,464 per game with cost of living adjustments to $6,150 per game
with cost of living adjustments.
2. Addition lease costs are converted from seven and one half percent over $1.8 million per season to
seven and one half percent for gate receipts over $46,000 per game.
The suite pass through format was changed from a percentage of the total lease revenue to,
essentially, a flat fee, and a performance incentive has been added. Should the team have home
playoffs games, they would receive a $5,000 rent discount for each home playoff game. Since this
would be new revenue to the City, (they have not been playing at that time of year) each party
could benefit from the greater level of success. This condition replaces the periodic increases that
occurred in the past when their suite pass through increased, as suite lease prices went up.
Summary
The Condors games are well attended, and they are involved in a great variety of community charities and
activities. The lease renewal overall is quite standard, and in keeping with past fees plus reasonable
inflationary cost increases.
July 12, 2004, 9:53AM
S:~.drnin Rpts~004~Amd to Condor Lease 072104.dot
AT:al
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~. ~.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: July 8, 2004 CITY A'rrORNEY
CITY MANAGER
SUBJECT:
Contract Change Order No. 2 to Agreement No. 03-347 with Griffith Company for
$21,433.28 (for a revised contract amount of $416,132.96) for the Parking Lot Expansion -
P Street and 14th Street. (Ward 2).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: During the construction of this project, it was discovered that in order to properly build
the parking lot, more earth removal was necessary than was originally anticipated. As such, the contractor
had to remove and dispose of an additional 1,336 cubic yards of earth. After doing a cost analysis and
negotiating with the contractor throughout the course of the project, the price per cubic yard of the
additional Roadway Excavation (earthwork) item was reduced as outlined in the contract and illustrated on
the attached change order resulting in a net cost increase of $21,433.28 for the additional earth removal.
Rick_M@Construction
7/8/g004 3:12:04 PM
G:\GROUPDAT~ADMINRPT~.004\07-21\P and 14th Parking Lot CCO2.doc
ADMINISTRATIVE REPORT
MEETING DATE: ~Ju.b~ ?-I~?_DOq AGENDA SECTION: Consent Calendar
ITEM: .~. U-.
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager
DEPARTMENT HEAD
DATE: July 15, 2004
CITY ATTORNEY
CITY MANAGER
SUBJECT: Ditch Eradication and Pipeline Easement Agreement with BLACKWOOD ESTATES LP
(joint tenants) of Tentative Tract 6175 at the southeast corner of Snow Road and Coffee Road.
(Unincorporated, County)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND:
In 1977, the City of Bakersfield purchased water rights from Tenneco West, Inc. In that transaction
the City also acquired various canals, easements and right of ways associated with the distribution and
delivery of irrigation water. Subsequently, as farm land is replaced by urban development, certain open
canals and ditches are converted to underground pipelines. When this occurs, the property owner(s) or
developer(s) request the City formally abandon the open canal easement so the developer may convert it
to pipeline at their sole cost. In northwest Bakersfield, near Coffee Road and Snow Road, the property
owners have requested to convert to pipeline portions of what is known as the Beardsley "Four Ditch".
The underground relocation of the ditch will reduce City maintenance costs and remove liability to
the City due to the open ditch. The property owners are BLACKWOOD ESTATES LP joint tenants of said
property, Tentative Tract 6175. The Water Resources Department has reviewed their request and has
determined the canal relocation will not disrupt required water service to downstream customers. The
Water Board has reviewed and recommended City Council approval of the Ditch Eradication and Pipeline
Easement Agreement at its regular meeting of February 18, 2004.
July 15, 2004, 8:19AM
S:\2004 ADMIN REPORTS\Jun01Ditch Erradication & Underground Pipeline easementSCALES.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SE,C. TION: Consent Calendar
TEM: 5- V
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregor,j J. Klimko, Finance Director
July 8, 2004
APPROVED
DEPARTMENT H EA D~~-}d-
CITY ATTORNEY
CITY MANAGER
Accept bid to award annual contract to Pestmasters Services, Incorporated, not to exceed
the budgeted amount of $73,000.00, for chemical application on City property.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This type of contract has been used by the Water and Parks departments to provide for
the application of weed and rodent control chemicals on City owned canal banks and reservoirs for over
twelve (12) years. Departments estimate quantities and types of supplies that may be required for the
contract year. Invitations to bid were sent to ten (10) vendors. Two (2) bids were received. The Iow bid
was submitted by Pestmaster Services, Incorporated, as shown on the attached Bid Recap.
Purchasing Division
DW:Ijm
S:~PURC H~ADMIN~CO4_072 I_A_C heroical Application.doc
July 13, 2004, 8:17AM
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Consent Calendar
ITEM: 5. W~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 7, 2004
APPROVED
DEPARTMENT HEAD ///~.~
CITY ATFORNEY /~
CITY MANAGER (~
Accept bid to award contract to Griffith Company ($376,720) to construct East California
Avenue Streetscape Project (Ward 1).
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: The East California Avenue Streetscape Project will construct landscaped median
islands from Union Avenue to King Street. This project will enhance the redevelopment of this commercial
district and identify East California Avenue as a major arterial street. The Engineer's Estimate for this
project was $385,420. Funding is provided by the U.S. Department of Housing and Urban Development
(HUD). This project is part of the $2 million improvements for Southeast Bakersfield.
Two acceptable bids were received on July 7, 2004 as follows:
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307
(City) in amount of $376,720.00
Granite Construction
James Road
Bakersfield, CA 93308
(Local) in amount of $404,443.00
WGM/PW-ENGR
July 12, 2004, 11;09AM
G:\GROUPDAT~ADMINRP*E~2004\07-21\East California Avenue Streetscape Project.dot
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION Consent Calendar
ITEM: ,~. )~.
TO: Honorable Mayor and City Council ,?/,PPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD///-,~- _
DATE: July 8, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Accept bid to award contract to Best Roofing & Waterproofing, Inc. ($38,845) for
Restoration of Concrete Decks at the Bakersfield Police Department Building. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: The work to be performed consists of, in general, of power washing the decks
outside the parapet walls on the roof and the decks outside the second floor; and coating both decks
with new waterproofing material. Current funds budgeted for this project are $40,000.
On July 8, 2004, two acceptable bids were received as follows:
Best Roofing & Waterproofing, Inc.
19027 S. Hamilton Avenue
Gardena, CA 90248
Robison-Prezioso, Inc..
10114 Shoemaker Avenue
Santa Fe Springs, CA 90670
(out of town)
(out of town)
in the amount of
in the amount of
$38,845.00
$46,350.00
G: GROUPOAT'tADMINRPT~2004\07-21 ,Restoration of Concrete Decks BPD Building.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
IAGENDA -~ECTION: Consent Calendar
ITEM: ~.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
June 30, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
C M^.AGER
Accept bid to award contract to Colombo Construction Co. Inc. ($148,581.00)to
constructWood Waste Recycle MaintenanceShed(Wardl).
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: The Wood Waste Recycling Facility currently does not have an all-weather facility for
maintaining their equipment. This maintenance shed will provide a covered area to properly repair and
maintain all heavy equipment located at the Wood Waste Facility as well as Waste Water Treatment
Plant No. 2. This project also includes the installation of new electrical service to provide for current and
future electrical needs at the Wood Waste Facility. The Engineer's Estimate for this project was
5187,000.00.
Two acceptable bids were received on June 29, 2004 as follows:
Colombo Construction Co. Inc.
3211 Rio Mirada Drive
Bakersfield, CA 93308
(City) in amount of $148,581.00
Richard M. Lane Company
419 West Maple Avenue
Monrovia, CA 91016
(Out of town)
in amount of
$248,839.00
WGM, PW-ENGR
June 30, 2004, 4:35PM
G:\GROUPDAT~ADMINRPT~.004\07-21\Wood Waste Recycle Maintenance Shed.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
' AGENDA SECTION: Hearings
ITEM: ~. 0-.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
July 9, 2004
//"'~J~OVE D
DEPARTMENT HE~D ~'
MA.AG
Consolidated hearing on appeals by Mclntosh and Associates of the Planning
Commission's decision to deny extensions of vesting rights for Tract 6086 and Tract 6087,
Phases A, B and C, located south of Ming Avenue, east of South Allen Road, and adoption
of resolution upholding the Planning Commission's decision. (Engineer - Mclntosh and
Associates / Subdivider - Castle and Cooke) (Ward 5)
RECOMMENDATION:
Adopt resolution upholding the Planning Commission's decision and denying the appeals.
BACKGROUND:
On May 20, 2004, the Planning Commission voted unanimously to deny each of these requests for
an extension of time for vesting rights for Tract 6086, and Tract 6087, Phases A, B, and C.
Mclntosh and Associates representing Castle and Cooke Development, appealed the
Commission's decision.
There are two types of extension of time related to tract maps. A developer may request an
extension of time extending the approval of a tentative tract map. The second type of extension of
time is for vesting rights, which is the subject of these appeals. The following provides information
in three topics: definition of Vesting Rights; explanation of an extension of time for vesting rights;
and extension of time for a tentative map.
Definition of Vestinq Riqhts:
During the life of a tentative map, the subdivider with a vesting map is protected from changes in
ordinances, policies, and standards. The map remains subject to the ordinances, policies and
standards, including development fees, in effect at the time the map application was deemed
complete (SMA 66498.1b). The local agency can add conditions to the vesting map only if it
determines that failure to do so would place the residents of the subdivision or the immediate
community, or both in a condition dangerous to their health or safety or both (SMA 66498.1C).
Recordation of the vesting map or a phase of the vesting map triggers a time frame of one year
during which the developer of the recorded phase is still protected under vested rights. This one
ADMINISTRATIVE REPORT Page2
year may be extended an additional 12 months by the Planning Commission upon a timely request
by the subdivider (SMA 66452.6(g), BMC 16.24.090 C.). Under City ordinances, the vesting rights
on a recorded map would initially run for one year, and another one year if the extension were
approved by the Planning Commission.
Extension of Time for Vestinq Riqhts:
As state above, a subdivider has vesting rights for a one year period beginning on the rec_ordation
date of a map or phase of a map. A subdivider may apply to extend the vesting rights of a
recorded map (or phase) for one additional year (66498.5 (b), BMC 16.24.090 C.3.). Approval of
an extension of time is a completely discretionary action by the City. No special findings are
necessary to approve or deny it.
On September 15, 2003, the City Council approved Resolution No. 171-03 (effective date -
November 14, 2003), which established a three phased traffic impact fee increase. If the vesting
rights were extended for these subdivisions, the traffic impact fee for each new residence would be
$2,466. If the vesting rights for this subdivision expire, the traffic impact fee for each new
residence would be $5,780. For the recorded phases of the tracts being considered, the total
difference in the amount of traffic fees between the old and new traffic fee is $328,086.
On September 15, 2003, (effective November 14, 2003) the City Council also approved Resolution
No. 169-03 which increased the park development fees from $647 to $1,275 per unit. The total
difference in the amount of park development fees between the old and new park fee for recorded
phases is $62,172.
The following table summarizes the amount of revenues lost on the permits that have not yet been
issued for each tract or phase being considered, if the extension of time for vesting rights were
approved. The cumulative loss in revenues of traffic and park development fees would be
$390,258.
REVENUE LOSS SUMMARY
TRACT# OLD NEW : DIFFERENCE OLD NEW DIFFERENCE
TRAFFIC TRAFFIC IN TRAFFIC PARK PARK IN PARK
FEE FEE FEE FEE FEE FEE
6086 $73,980 $173,400 - $99,420 $19,410 $38,250 - $18,840
6087, Ph. A $56,718 $132,940 - $76,222 $14,881 $29,325 - $14,444
6087, Ph. B $46,854 $109,820 - $62,966 $12,293 $24,225 - $11,932
6087, Ph C $66,582 $156,060 - $89,478 $17,469 $34,425 - $16,956
Totals $244,134 $572,220 - $328,086 $64,053 $126,225 - $62,172
Cumulatively, if the level of activity for extensions of vesting rights in 2004 is similar to last year's,
and if extensions of vesting rights continued to be granted, it is estimated that the City would give
up $3,245,136 needed for transportation and parks infrastructure improvements.
No special findings are required to deny an extension to vesting rights on a recorded map. The
state established the statutory framework to shield subdivisions temporarily from changing
ADMINISTRATIVE REPORT Page3
regulations and exactions. The City is not obligated to grant extensions of vesting rights on
recorded maps.
Rebuttal to Appellants' Letters:
The appellant is correct that the life of the vested rights would be longer if a developer recorded
phases over time rather than all at once. It is a developer's choice to create an assessment
district, which may require recordation of all phases at the same time to enhance the property's
value to lien ratio. Creation of an assessment district benefits the developer because it provides a
valuable funding mechanism and marketing tool by which improvements are constructed earlier for
the convenience of the residents while shiffing the cost to them through payment on the debt. The
public benefits because the infrastructure is constructed sooner than if developer recorded phases
over time, and constructed only those improvements necessary for that phase. By creating an
assessment district, the developer is balancing his choice to use a financing mechanism and the
time period in which the vesting rights remain in effect.
Tracts 6086 and 6087 are not subject to any prior park agreement. Agreement #00-98 addressed
Windermere Park (6-acre) and its service area that included Tracts 5928, 5936, 5946, 5954, and
5955, as shown on Exhibit "C" of the Agreement. These tracts are located east of Tracts 6086 and
6087.
In fact, Castle and Cooke Development specifically desired that tracts west of Windermere Park
not be covered in Agreement #00-98, and that the tracts be subject to the standard park land and
development requirements as tracts in other parts of the City. This meant that as each tract
recorded, it would pay an in-lieu fee for park land, and pay the park development fee with each
building permit. A park land in-lieu fee was collected for both Tracts 6086 and 6087 prior to
recordation of a final map. The issue of the Assessment District does not apply to parks because
parks were not included as an improvement of the district.
Due to a procedural oversight, the Planning Commission did not open a public hearing on these
applications. By appealing the Planning Commission's decision to the City Council, the City
Council will hold a public hearing where the appellant may submit testimony or the Council may
remove the matter back to the Planning Commission for hearing.
Extension of Time for a Vestinq Tentative Map:
Generally, the life of a vesting tentative map can be affected by the State Subdivision Map Act
(SMA), local ordinances (Bakersfield Municipal Code - BMC) and legislative extensions.
Depending on individual circumstances of each subdivision, a tentative map can have a life from
three to 16 years. Eight years would be the typical life based on a three year initial life and five
years worth of extensions granted by the city. During this time period, a subdivider may record the
map or phases of the map.
Environmental Determination:
In accordance with Section 15061(b)(3), general rule, extensions of time are exempt from the
requirements of CEQA. This request for extension of the vesting rights was not advertised and
adjacent property owners were not notified.
ADMINISTRATIVE REPORT
Conclusion:
As shown above, it is estimated that a total of $390,258 in traffic and park development fees would
not be collected if the extension of time for vesting rights were approved. This results in other City
funds being needed to cover the costs for which fees were not collected. If no other funds are
available, the City risks reduced levels of service and conflict with General Plan policies, which
specify certain levels of service. Analysis done for the increases in traffic and park fees provide
supporting evidence that the higher fee is necessary to provide the level of service consistent with
the General Plan policies and design standards. Due to the loss of significant revenue, staff
recommends denial of the extensions of time for the vesting rights on these tracts.
JE
Admin\july\7-21 -vr
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION Hearings
ITEM: [~. Io.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 13, 2004
DEPARTMENT HEAD ?~,~___~PROVED
CITY A'I-FORN EY~.
CITY MANAGER
Consolidated hearing on appeals by the City of Bakersfield Public Works Department of the
Planning Commission's decision to approve extensions of vesting rights for Tract 6087
Phase D, located south of Ming Avenue, east of South Allen Road (developer - Castle &
Cooke), and for Tract 6104, Phases 1 and 5, located north of Panama Lane and east of
Buena Vista Road (developer - Centex), and adoption of resolution overturning the
Planning Commission's decision. (Engineer - Mclntosh and Associates) (Ward 5)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: On May 20, 2004, the Planning Commission voted to approve each of these requests
for an extension of time for vesting rights for Tract 6087, Phase D and Tract 6104, Phases 1 and 5. The
Public Works Department of the City of Bakersfield appealed the Commission's decision. The reason
given for the approval of the extensions was that the three maps had had building permits issued, so the
developer was making progress; therefore, it would be appropriate to extend those vested rights.
However, in an action on April 1, 2004, the Planning Commission denied the extension of vesting rights to
Tract 6125 Unit 2, which had had building permits issued.
There are two types of extension of time related to tract maps. A developer may request an extension of
time extending the approval of a tentative tract map. The second type of extension of time is for vesting
rights, which is the subject of these appeals. The following provides information in three topics: definition
of Vesting Rights; explanation of an extension of time for vesting rights; and extension of time for a
tentative map.
Discussion of Vestinq Riqhts
"Vesting rights" for a development are outlined in California state law and are intended to give
developers a measure of certainty in planning their developments. Generally, the life of a vesting tentative
map can be affected by the State Subdivision Map Act (SMA), local ordinances (Bakersfield Municipal
Code - BMC) and legislative extensions (The "life" of a map is the length of time between its completed
application and its expiration). Depending on individual circumstances of each subdivision, a tentative
map can have a life from three to 16 years. Eight years would be the typical life based on a three year
initial life and five years worth of extensions granted by the city.
July 14, 2004, tl:05AM
G:\GROUPDAT~ADMINRPT~2.004\07-21\Ext Vesting Rights Appeal.doc
ADMINISTRATIVE REPORT
During this tentative map life, the subdivider with a vesting map is protected from changes in
ordinances, policies, and standards. The map remains subject to the ordinances, policies and standards
in affect at the time the map application was deemed complete (SMA 66498.1b). The local agency can
add conditions above and beyond those flowing from the applicable ordinances, policies and standards to
the vesting map only if it determines that failure to do so would place the residents of the subdivision or
the immediate community, or both in a condition dangerous to their health or safety, or both (SMA
66498.1C).
Recordation of the vesting map or a phase of the vesting map triggers a new time frame of one
year during which the developer of the recorded phase is still protected under vested rights. This one year
may be extended an additional 12 months by the Planning Commission upon a timely request by the
subdivider (SMA 66452.6(g), BMC 16.24.090 C.). Under city ordinances, the vesting rights on a recorded
map would run for one year initially with a one year extension if approved by the Planning Commission.
Unlike the extension of time for an unrecorded map, the extension of vesting rights is entirely
discretionary. No special findings are required to deny an extension to vesting rights on a recorded map.
The City is not obligated to grant extensions of vesting rights on recorded maps.
Vestinq Riqhts Comparison for Current Tracts
The following table summarizes the amount of revenues lost on the permits that have not yet been
issued for each tract or phase being considered, if the extension of time for vesting rights were approved.
The cumulative loss in revenues of traffic and park development fees would be $170,565.
Extension of Vesting Rights Appeal
*' ' : ~'~ .... Fees lost by r
¢ , [ City of
A 6087 D 35 8 27 $2,197 $96,741 $647 $16,956 ~rsfield
A 6104 I 59 53 6 $2~346 $20,604 $647 $3,768
A 6104 5 61 53 8 $2,346 $27,472 $647 $5,024
$144,817 $25,748 $170,565
July 14, 2004, 11:05AM
G:\GROUPDAT~ADMINRPTX2004\07-21\Ext Vesting Rights Appeal.doc
ADMINISTRATIVE REPORT
Discussion of Planninq Commission Action
Unfortunately, the recent action by the Planning Commission results in a mixed message to
developers about planning for their future costs, and is unfair to the developer of Tract 6125, Unit 2. There
is no discernible difference between the tracts whose extensions were granted on May 20, 2004 and the
tract whose extension was denied on April 1, 2004.
Also, this decision results in additional costs to the City of Bakersfield. Cumulatively, if the level of
activity for extensions of vesting rights in 2004 is similar to last year's, and if extensions of vesting rights
continued to be granted, it is estimated that the City would give up $3,245,136. Analysis provided in
support of the increased traffic and Park fees documented the necessity of collecting this revenue to
provide transportation and park improvements consistent with General Plan policies and design standards.
If the monies are not collected, the City would have to pick up any unfunded burden for those facilities or
suffer further degradation of services.
If the City Council decides that it is appropriate to allow the extension of vesting rights under
certain conditions, then it should be done after weighing ail of the consequences to that action. True, the
extension of vesting rights will cost the developer or subdivider extra money in increased fees. However,
these increased fees go to the City and are needed to construct park and transportation infrastructure
required to support the General Plan Land Uses. Not collecting these fees means that the shortfall in
funding would affect future residents of these tracts - either through a degradation of services or through
loss of General Fund or other money to backfill the loss. This in turn could potentially mean affecting
police and fire services or other City functions and services.
The concept of vesting rights is intended to give the developer certain assurances and guarantees
that the local agency will not change the rules on him partway through his development. This does not
mean that these same rules will apply to the development forever. The developer gets his guarantee for
up to eight years. After that, the local agency is justified in applying the rules that are then current. The
City is at the mercy of the economy as is the developer - it's just that the City doesn't have the built-in
protection that the map act affords the developer.
Environmental Determination:
In accordance with Section 15061(b)(3), general rule, extensions of time are exempt from the
requirements of CEQA. This request for extension of the vesting rights was not advertised and adjacent
property owners were not notified.
Conclusion:
As shown above, it is estimated that a total of $170,565 in traffic and park development fees would not be
collected if the extension of time for vesting rights for these three tracts were approved. This results in
other City funds, like the General Fund, being used to cover the fees that are not collected. If no other
funds area available, the City risks reduced levels of service and conflict with General Plan policies, which
specify certain levels of service. Analysis done for the increases in traffic and park fees provide
supporting evidence that the higher fee is necessary to provide the level of service consistent with the
General Plan policies and design standards. Due to the loss of significant revenue, staff recommends
denial of the extensions of time for the vesting rights on these tracts.
raps
July 14, 2004, 11:05AM
G:\GROUPDAT~DMINRPT'~2004\07-21\Ext Vesting Rights Appeal.doc
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
IAGENDA SECTION: New Business
ITEM: rt.
TO:
FROM:
DATE:
SUBJECT: A.
Honorable Mayor and City Council
APPROVED
Alan Tandy, City Manager
July 7, 2004
DEPARTMENT HEAD
CITY ATTORNEY ~---)~"~
CITYMANAGER ~/ /
Amendment No. 3 to Agreement No. 94-59/RA94-5 with John Q. Hammons Hotels
Two, L.P. to delete their role as concessionaire to the Convention Center, and deed
the ballroom to John Q. Hammons Hotels Two, bP. (Ward 2)
Declaration of Easement and Cross-Easements between the City of Bakersfield and
John Q. Hammons Hotels Two, L.P.
RECOMMENDATION:
A. Staff recommends that the City Council authorize the execution of an amendment to
the development agreement with John Q. Hammons Hotels Two, L.P. (Holiday Inn
Select) which removes from Hammons control over concessions and catering in the
Convention Center and deeds the hotel ballroom to Hammons.
B. Staff recommends approval of the Declaration of Easement and Cross-Easements.
BACKGROUND: In 1994, the City entered into a Development Agreement with John Q. Hammons to
develop the Holiday Inn Select Hotel. Obviously that agreement was successful in getting the hotel
completed.
One provision in the agreement gave concession and catering rights within the Convention Center to the
hotelier. Later, Centennial Garden was opened with a different concessionaire. It would now be far more
efficient and effective if the arena and Convention Center had a common menu, pricing, quality, and
employee training for concession and liquor operations. City staff and SMG believe that Aramark, who
now provides concession and catering service for the arena, has the equipment, manpower, customer
service orientation, and management staff to provide superior concession services in the Convention
Center. Staff proposes a separate amendment with Aramark to have them provide the concession
services.
As to catering, this amendment would allow the hotel to cater events it books. It would conver[ from the
exclusive catering arrangement that has been in place to an "open" catering arrangement. SMG would
adopt appropriate processes and rules (such as requiring insurance), and multiple caterers could then
July 7, 2004, 11:25AM
S:'¢,drnin Rpts~2004\Holiday Inn 072104.dot
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Page 1
ADMINISTRATIVE REPORT
participate in the building, including the hotel, Aramark, and other local off-site caterers. This should be
viewed as a trial. If it does not work out, staff may return at a later date with another proposal.
As a trade off for giving up this service, the hotel would like the City to deed them the hotel ballroom. Staff
views this as largely a technical change since the ballroom itself is controlled by the hotel without rent for
ten more years with two additional five-year extensions under the original Hammons development
agreement. There were financing reasons why the current arrangement was built into the development
agreement at that time. With the debt on the structure paid off, those reasons no longer exist. A
document is attached from Property Manager, Don Anderson which shows why the ballroom has little or
no value to the City.
There is also a cross easement document tied to this. That simply clarifies access and related questions
on revised property lines and common areas.
Staff believes that these changes will improve customer service, satisfaction and consistency, and are of
significant advantage to implement at this time.
July 7, 2004, 11:25AM
S:~Admin Rpts~004'~-Ioliday Inn 072104.dot
AT:al
Page 2
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: New Business
ITEM: "1, b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
July 7, 2004 CITY A'R'ORNEY ~ ~
ClTYMANAGER ,/~ /
Amendment No. I to Agreement No. 03-099 between City of Bakersfield and Aramark
Entertainment, inc., regarding a transfer of concession and alcohol services to Aramark in
the Convention Center.
RECOMMENDATION:
Staff recommends approval of the Amendment 1 to Agreement No. 03-099.
BACKGROUND:
The City and Aramark entered into Agreement No. 03-099 on April 30, 2003, under which services are
provided to Centennial Garden. This action prepares to amend the agreement to include certain
concession and alcohol responsibilities at the Convention Center in order to better serve customers. The
amendment adds a new section to the Aramark Agreement reflecting the new concession responsibilities
and dovetails with the Hammons Agreement in that Aramark will assume the service responsibilities at the
Convention Center previously handled by Hammons.
The agreement calls for the City to receive 30% of the Gross Receipts in concessions and alcohol. These
are essentially the same terms that we have been receiving under the Hammons agreement. We do
expect a substantial increase in business and total revenue as a result of menu consistency with the
Garden, improved staffing, improved employee training and better faculty management. The primary goal
is the provision of quality services to our customers.
Catering would be open to multiple participates. That arrangement is described in the administrative
report on the Hammons DDA.
AT;ADD:dll
S:/COU NClL',Admins~AramarkAmdltoAgr03-099 doc
July 7, 2004, 2:43PM
ADMINISTRAT_IV_E REPORT
MEETING DATE: July 21, 2004 AGENDA SECTION: New Business
ITEM: q.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
July 7, 2004
APPROVED
DEPARTMENT HEAD
A ro..EY
Sale of Holiday Inn Select to Brighton Management, LLC
RECOMMENDATION: Staff recommends that the City Council authorize the sale of the Holiday Inn
Select to Brighton Management, LLC in accordance with Section 701 of the Disposition and Development
Agreement between the City and John Q. Hammons Hotels.
BACKGROUND: When the Holiday Inn Select was constructed, the development agreement gave to
the City the right to review and approve its sale or transfer. We have received a request from the
Hammons firm to authorize the sale to Brighton Management, LLC. A copy of the letter of request is
enclosed.
The purpose of having the right to approve the sale is to assure that the goal of having a quality, vibrant
downtown convention center hotel is achieved. Staff has checked references on other Brighton Hotels. A
copy of the report on that is enclosed. We have also reviewed their financial statements and completed
background checks, which are confidential.
Based on these reviews and the information forwarded to us from Brighton Management, LLC, we believe
approval of the transfer is in the best interest of the City of Bakersfield and recommend that the City
Council approve the transfer. While Brighton Management, LLC is a much smaller operator than
Hammons, they have a solid record of improving hotels similar in nature to the Holiday Inn Select. It is our
hope that this hote~ will get the personal and direct attention of the new operators. The new owners will be
making a substantial investment in the hotel to upgrade it.
John Q. Hammons did the City a great service when they converted the old steel structure of the Clarion
into a quality hotel. We thank them for that. This transfer comes as no surprise as it is a normal and
customary part of the hotel business generally and Hammons in particular.
The various items on the agenda dealing with the hotel in advance of this one have been coordinated with
the purchaser so they are aware of and accept the changes.
July 9, 2004, 10:45AM
S:\Admin Rpts~004\Holiday Inn Sale 072104.dot
AT:al
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Closed Session
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
July 15, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to Government Code section 54956.9 (b)(1)(C)
In the Matter of the Claim of: Kenneth Kind, Claim No. 03-05-169
APPROVED
RECOMMENDATION:
BACKGROUND:
BJT:las
July 15, 2004, I0:25AM
ADMINISTRATIVE REPORT
MEETING DATE: July 21, 2004
AGENDA SECTION: Closed Session
TEM: ~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
July 15, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to Government Code section 54956.9 (a)
City of Bakersfield v, City of Shafter, KCSC Case NYA
APPROVED
RECOMMENDATION:
BACKGROUND:
BJT:las
July 15, 2004, 10:37AM
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
JULY 7, 2004
City Council Chamber, City Hall, 1501 Truxtun Ave.
Regular Meeting 5:15 and 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan (seated
at 5:20 p.m.), Salvaggio
Absent: None
2. PUBLIC STATEMENTS
3. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the meeting of June 23, 2004.
Payment:
Approval of department payments from June 11,2004 to June
24, 2004 in the amount of $9,349,489.35 and self insurance
payments from June 11,2004 to June 24, 2004 in the amount
of $175,016.50.
Ordinances:
First Reading of Ordinance adopting a negative declaration
and amending Section 17.06.020 (Zone Map No. 123-11 ) of
Title 17 of the Municipal Code by changing the zoning from a
PCD (Planned Commercial Development) zone to a revised
PCD (Planned Commercial Development) zone to allow a
self-storage and recreational vehicle storage facility on 5.97
acres generally located on the northwest corner of Wilson and
South Real Roads. (ZC03-1514) (Derrels Mini Storage/Jim
Marino)
First Reading of Ordinance adding Section 15.64.055 to the
Municipal Code related to smoking regulations in enclosed
areas.
FR
FR
Bakersfield, California July 7, 2004 - Page 2
CONSENT CALENDAR continued
Resolutions:
Resolution confirming the approval by the Assistant City
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties for which
dangerous buildings have been demolished and authorize
collection of the assessments by the Kern County Tax
Collector.
Resolution confirming the approval by the Assistant City
Manager of the report of the Chief Code Enforcement Officer
regarding assessments of certain properties for which
structures have been secured against entry or for the
abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County
Tax Collector.
g. Brimhall Planned Drainage Area:
Resolution of Intention No. 1338 to establish the
drainage plan for the Brimhall Planned Drainage Area
and preliminarily approving the boundaries of the area
and the cost and fee schedule.
First Reading of Ordinance amending Section
16.32.060 of the Bakersfield Municipal Code relating
to drainage facilities.
Resolution of Application proposing proceedings for
annexation of uninhabited territory identified as Annexation
No. 469 located at the northwest corner of Brimhall Road and
Calloway Drive.
ACTION TAKEN
RES 214-04
RES 215-04
ROI 1338
FR
RES 216-04
Bakersfield, California July 7, 2004 - Page 3
CONSENT CALENDAR continued
Agreements:
i. Tract Maps and Improvement Agreements:
Final Map with ADH Corporation for Tract 6140 Phase
3 located east of Oswell Street and south of State
Route 58.
Final Map and Improvement Agreements with Stuart
Thomas Inc., dba Lennox Homes for Tract 6192 Unit
1 located south of Hosking Avenue and east of South
H Street.
Final Map and Improvement Agreements with Pulte
Home Corp. for Tract 6160 located south of State
Route 178 and east of Miramonte Drive.
Final Map and Improvement Agreements with McMillin
Crystal Ranch, LLC, for Tract 6146 Unit 2 located
west of Jewetta Avenue and north of Noriega Road.
Final Map and Improvement Agreement with McMillin
Crystal Ranch, LLC, for Tract 6146 Unit 3 located
west of Jewetta Avenue and north of Noriega Road.
Final Map and Improvement Agreement with Coker
EIIsworth, Inc., for Tract 5696 located east of Fairfax
Road and north of Highland Knolls Drive.
Agreement with Organizational Effectiveness Consulting, not
to exceed $45,000.00, to provide strategic planning services
for the Bakersfield Police Department.
Agreement with Berryman & Henigar, Inc. to provide inventory
valuation services related to Governmental Accounting
Standards Boards (GASB) Statement #34 compliance
requirements, not to exceed $86,900.00.
ACTION TAKEN
AGR 04-187
AGR 04-188
AGR 04-189
AGR 04-190
AGR 04-t91
AGR 04-t92
AGR 04-193
AGR 04-194
AGR 04-195
AGR 04-196
Bakersfield, California July 7, 2004 - Page 4
CONSENT CALENDAR continued
Agreements to indemnify LAFCO for Annexation No. 450,
Proceeding No. 1375 located south of McKee Road, between
Wible Road and State Highway 99; Annexation No. 451,
Proceeding No. 1379 located west of Calloway Drive, north of
Snow Road; Annexation No. 452, Proceeding No. 1382
located north of the Kern River east of Coffee Road;
Annexation No. 455, Proceeding No. 1384 located west of
Allen Road north of Palm; Annexation No. 456, Proceeding
No. 1375 located south of Panama lane, east of Old River
Road; and Annexation No. 458, Proceeding No. 1386 located
east of Oswell Street, generally south of State Route 178.
m. White Lane/State Route 99 Project:
Amendment No. I to Cooperative Agreement No. 03-
119 with the State of California, Department of
Transportation for the City to perform right of way
acquisition for State Route 99 southbound auxiliary
lane, from Planz Road overcrossing to White Lane.
Appropriate $125,000.00 State funds to the Capital
Improvement Budget within the ISTEA Fund.
Bids:
Accept bids to award annual contract to Amber Chemical, Inc.
and Kemiron Companies, Inc., not to exceed the budgeted
amount of $50,000.00, for chemicals for the City's
Wastewater Treatment Plants.
o. Resurfacing Various Streets 2003/2004:
Accept base bid to award contract to Granite
Construction Company ($1,643,461.20) for the
Project.
Transfer $800,000.00 of appropriations from the
Streets Division's Operating Budget to the Capital
Improvement Budget within the Gas Tax Fund.
Accept bid to award contract to Brown and Fowler
Construction ($208,872.25) for Wayside Playground
Rehabilitation Project.
Extend bid from South Kern Machinery ($39,896.98) for one
(1) additional diesel powered rotary mower for the Parks
Department.
ACTION TAKEN
AGR 04-197
AGR 04-198
AGR 04-199
AGR 04-200
AGR 04-201
AGR 04-202
AGR 03-1t9(1)
AGR 04-203
AGR 04-204
AGR 04-205
AGR 04-206
Bakersfield, California July 7, 2004 - Page 5
CONSENT CALENDAR continued
r. Reject all bids for Mount Vernon Recycling Facility loading
dock structure.
s. Reject all bids for Sewer Cleaner Truck.
Miscellaneous:
t. Residential Cul De Sac Parking.
u. Dedication of Property:
1. Easement Deed to Pacific Gas & Electric Company,
for the relocation of the their facilities through the
City's permanent drainage basin site on the north side
of Panama Lane approximately 473 feet east of
Colony Street.
v. Appropriate contributions totaling $45,280.00 to the
Recreation and Parks Department Operating Budget within
the General Fund for various recreation programs.
Motion by Vice-Mayor Couch to adopt Consent Calendar items
3.a. through 3. v.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider resolution adopting fees pursuant
to the Cost Recovery Program.
Hearing opened at 5:19 p.m.
No one spoke.
Hearing closed at 5:19 p.m.
CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Initiation
of litigation pursuant to subdivision (c) of Government Code
Section 54956.9. One (1) potential case.
Motion by Vice-Mayor Couch to recess at 5:20 p.m.
Motion by Vice-Mayor Couch to reconvene at 7:00 p.m.
ACTION TAKEN
DEED 6t04
APPROVED
AB SULLIVAN
RES 217-04
AB SULLIVAN
DELETED
APPROVED
APPROVED
Bakersfield, California July 7, 2004 - Page 6
RECONVENED MEETING- 7:00 p.m.
6. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent: None.
INVOCATION by Pastor Steven D. Yeary, Brimhall Road Assembly of
God Church.
PLEDGE OF ALLEGIANCE by Melissa Moore, 4~h Grade Student at
Buena Vista Elementary School.
9. CLOSED SESSION ACTION
Conference with Legal Counsel - Potential Litigation; Initiation
of litigation pursuant to subdivision (c) of Government Code
Section 54956.9. One (1) potential case.
10. PUBLIC STATEMENTS
None.
11. HEARINGS
General Plan Amendment No. 04-0457; The City's Public
Works Department has proposed a General Plan
Amendment, located generally south of State Highway 178,
east of Comanche Drive:
Resolution approving the Negative Declaration and
adopting the General Plan Amendment to change the
Circulation Element to re-align the collector segment
of Miramonte Drive south of State Highway 178 to
raalign in an east-west direction to align with Chase
Avenue to Comanche Drive and establish a new
collector alignment east of Miramonte Drive.
Development Services Director Hardisty made staff
comments.
Hearing opened at 7:08 p.m.
Kelly Lucas spoke in support of the staff recommendation.
ACTION TAKEN
DELETED
RES 218-04
Hearing closed at 7:14 p.m.
11.
Bakersfield, California July 7, 2004 - Page 7
HEARINGS continued
Item 11 .a. continued
Motion by Councilmember Maggard to approve the Resolution
adopting the Negative Declaration and General Plan Amendment
and changing the Circulation Element.
Continued Public Hearing to consider Resolution denying the
appeal by Rio Bravo Residents and Homeowner's
Associations, upholding the decision of the Planning
Commission, adopting the Negative Declaration, and
approving Vesting Tentative Tract Map 5516 generally located
south of Highway 178, east of Miramonte Drive, within the Rio
Bravo Golf Course Community (Engineer Porter
Robertson/Subdivider - GFC Properties).
Continued Public Hearing to consider Resolution denying the
appeal by Rio Bravo Residents and Homeowner's
Associations, upholding the decision of the Planning
Commission, adopting the Negative Declaration, and
approving Vesting Tentative Tract Map 5517 generally located
south of Highway 178, east of Miramonte Drive, within the Rio
Bravo Golf Course Community (Engineer Porter
Robertson/Subdivider - GFC Properties.
Continued Public Hearing to consider Resolution denying the
appeal by Rio Bravo Residents and Homeowner's
Associations, upholding the decision of the Planning
Commission, adopting the Negative Declaration, and
approving Vesting Tentative Tract Map 6243 generally located
south of Highway 178, east of Miramonte Drive, within the Rio
Bravo Golf Course Community (Engineer Porter
Robertson/Subdivider - Three Views, Ltd. Partnership)
Development Services Director Hardisty made staff
comments regarding related hearing items 11 .b., 11.c., and
11.d.
Hearings 11 .b., 11 .c., and 11 .d. opened at 7:24 p.m.
Dave Weldon, President of the Vista Montagna Homeowners
Association, and Kelly Lucas, Board Member of one of five
homeowner's associations in the Rio Bravo community, spoke
in opposition to the staff recommendation.
Tom Fallgatter, on behalf of GFC Properties, and Harold
Robertson, Porter-Robertson Engineering and Surveying
Partner and Three Views LLC, spoke in support of the staff
recommendation.
ACTION TAKEN
APPROVED
RES 2f9~04
RES 220-04
RES 22t-04
'11.
Bakersfield, California July 7, 2004 - Page 8
HEARINGS continued
Items 11 .b., 11 .c. and 11.d. continued
ACTION TAKEN
Hearing closed at 7:49 p.m.
Councilmember Maggard stated the following for the record:
There must be two ways into and out of the Rio Bravo
community. Presently this is provided by access on Via
Napoli and new access to the west.
A third access way is proposed utilizing Via Genoa and
Via Pasanno the cooperation of Mike Cuttburth.
A connection between Via Bassano and De La Guerra will
allow a new exit to the south.
The connection will enter Mr. Cuttburth's subdivision at
Via Bassano proceeding south exiting on Via Genoa.
Mr. Cuttbuth agreed to the easement through his
property for the proposed street and will be reimbursed
for the cost.
Compensation for the easement will be calculated based
on square footage required.
Mr. Cuttburth agreed and stated compensation for square
footage was the basis agreed upon for granting the
easements.
The next connection between De La Guerra and Via
Bassano exiting to the south on Via Genoa will
compliment the existing exit at Via Napoli.
Mr. Coyne, GFC Properties, agreed the road be will
designed and GFC land be provided at no cost across in
order to make the connection from De La Guerra to Via
Bassano.
De La Guerra, Via Ballano and Managgio will retain
access to Casa Club, however, an incentive will be
created to move traffic along Managgio and De La Guerra
by not connecting Via Ballano between Managgio and De
La Guerra Terrace.
The road connecting Mannagio and De La Guerra Terrace
will not be public; lots 22, 23, 11, and 12 on Via Ballano
will be affected; place grasscrete, or equivalent, that
contains infrastructure that will support emergency
vehicles.
Lots 22, 23, 11, and 12 access to Managgio or De La
Guerre Terrace is yet to be determined. The grasscrete
proposal will allow creation of mini cul-de-sacs with
access to lots 22, 23, 11 and 12.
Bakersfield, California July 7, 2004 - Page 9
11.
HEARINGS continued
Items 1 lb., 11 .c. and 11 .d. continued
ACTION TAKEN
Mr. Coyne agreed to the grasscrete access proposal with
access to lots 22, 23, 11 and 12.
Casa Club will still be accessible to the north on Ravello.
At the intersection of De La Guerra Terrace and Ravello
access to Vista Grande would be limited by installation of
a crash gate; Mr. Coyne agreed.
Mr. Coyne is unable to state which street lots will face
pending approval of the homeowners association, at this
time.
Public Works Director Rojas stated staff will
accommodate whichever direction is determined.
Randy Stienert, President of the Rio Bravo Master Golf
Homeowner's Association, spoke on behalf of the
affected homeowner's association and agreed to work
with Mr. Coyne regarding the lots in question.
Mr. Stienert stated the homeowners' association would
consider grasscrete rather than the suggested crash
gate if that would be acceptable.
Councilmember Maggard stated that if an emergency
escape route were required grasscrete would be more
user friendly than a crash gate.
Mr. Coyne requested the issue regarding grasscrete
versus a crash gate be resolved with staff in the future.
Councilmember Maggard recommended a sidewalk only
on the west side of the street on Via Napoli from Tract
5517 to Via Napoli and Mannago Ln., continuing on
Mannago Ln. to the northern edge of Tract 5517. This
would accommodate pedestrian traffic on a more heavily
traveled street.
Councilmember Maggard requested future discussion
with Mr. Cuttburth regarding the need for sidewalks on
property he is developing.
Councilmember Maggard requested a sidewalk on the
south side of Casa Club Dr. from Muirfield to the
clubhouse.
Mr. Yee, from A&E Union, sent correspondence agreeing
to dedicate right of way and pay for up to fifty per cent of
construction cost for the sidewalk/cartpath.
Mr. Coyne agrees to pay for the other half of the
construction cost of the sidewalk/cartpath.
Other sidewalks will not be required in 5516 and 5517.
11.
Bakersfield, California July 7, 2004 - Page 10
HEARINGS continued
Items 11.b.. 11.c. and 11.d. continued
Councilmember Maggard thanked the Planning
Commission, staff, City Attorney, Planning, Public Works,
City Manager, and particularly the homeowner's
associations for cooperation in finding funds to pay for
the new road to the south exiting from Via Genoa to
Miramonte.
Mr. Coyne confirmed willingness to participate in paying
for the road.
Mr. Robertson, developer of Tract 6243, agreed to
participate in paying for the road, provided access from
the southeast corner of Tract 6243 is included, or
provided a third access to the subdivision is included.
If a third entrance/exit point is decided upon and is
included in the plan Mr. Robertson would pay for the
entrance/exit point.
ff all of the groups agree to share paying the cost for the
third entrance/exit Mr. Robertson agreed to paying for the
exit road to the south.
Mr. Stienert, on behaff of Rio Bravo Master Golf
Homeowner's Association, agreed to contribute not more
than $20.00 per unit per month to the funding for the
southern access road.
Mr. Weldon, on behalf of the Vista Montagna
Homeowner's Association, agreed to contribute to
funding the southern access road, pending approval of
the organization's membership.
Fletch Waggoner, President of the Casa Club Fairways
Homeowners Association, agreed to contribute not more
than $20.00 par unit, per month to the funding for the
southern access road. Additionally, he requested
greenbelts at the east end of Casa Club and the south
end of Donaldo.
Marion Locker, President of the Fairways Homeowners
Association, agreed her organization would consider
participation in funding the southern access road upon
receipt of further information. She relayed concerns
regarding an additional manned gate.
Mr. Cuttburth agreed to contribute to funding the
southern access road.
City has agreed to hold funds on behalf of the public and
expand as required to pay for the southern access road.
The sum of the obligation of each homeowner's
association will be deposited with the City at the outset
of the project.
ACTION TAKEN
11.
Bakersfield, California July 7, 2004 - Page 11
HEARINGS continued
Items 11 .b., 11 .c. and 11 .d. continued
The annexation agreement for property to the south does
not currently exist. If the land is not annexed the
secondary access to the Rio Bravo area would be on Via
Napoli.
Minimally a third emergency egress is recommended with
crash gate entrance.
Mr. Robertson is not agreeable to contributing to the
southern access road if he is solely responsible for the
cost of the possible third entrance, ff the cost is shared
he is willing to contribute to the southern access road
cost.
Manning of the third gate will be determined among the
homeowner's associations and the City.
Councilmember Maggard made motion to adopt the staff
recommendation, deny the appeal with the inclusion of the
stated modifications regarding Tracts 5516, 5517, and 6243, and
require all construction vehicles to utilize the designated access
to the neighborhood.
Recess from 8:47 p.m. to 8:55 p.m.
Public Hearing to consider Resolution changing the name of
Windsong Street to Ashley Castle Street (Brian Castle) and
resolution to amend the changing of street name policy.
City Clerk McCarthy announced correspondence had been
received from 230 City of Bakersfield citizens in favor, and 26
opposed to the name change, 138 county residents in favor
of the name change, 18 deemed invalid, and 10 out of town
residents.
Development Services Director Hardisty made staff
comments.
Hearing opened at 8:59 p.m.
David Gay, Brad Henderson, President of the Pheasant Run
Homeowners Association, and Patti Toone spoke in
opposition to the staff recommendation.
Jeremy Caldwell, Danielle Froelich, Erica Dixon, Burt Ellison,
Brian Castle, Heidi Carter and Matthew Park spoke in favor of
the staff recommendation.
ACTION TAKEN
APPROVED
11.
12.
Bakersfield, California July 7, 2004 - Page 12
HEARINGS continued
Items 11.e.
Brad Henderson, President of the Pheasant Run
Homeowners Association, spoke in opposition rebuttal to the
staff recommendation.
Erica Dixon, Julie Olcola and Bret Dixon spoke in favor
rebuttal to the staff recommendation.
Hearing closed at 9:31 p.m.
Vice-Mayor Couch acknowledged and expressed appreciation
to Lee Jamison for offering to name the new western street
entrance to the Promenade Ashley Castle Way.
Vice-Mayor Couch requested staff explore the Adopt a Highway
Program as an avenue to memorialize Ashley Castle.
Motion by Vice-Mayor Couch to continue and leave the hearing
open for public input to the August 18 meeting and direct staff
not to act on existing or current applications until resolution has
been reached in this instance.
Councilmember Maggard requested a specific legal opinion
regarding the Ordinance text currently in place which allows for
street name change, and the burden, if any, placed on Council
by the Ordinance.
Councilmember Maggard requested clarification regarding the
requested designation, Ashley Castle Street versus Ashley
Castle Way.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff investigate gardeners
at an apartment building blowing dust and trash into a
neighbor's yard on Monterey Street and provided contact
information.
Councilmember Benham requested Code Enforcement on Jewett
Street and provided citizen contact information.
Councilmember Benham requested staff assure a tree near the
bus stop by Kern Federal Credit Union has been trimmed.
ACTION TAKEN
APPROVED
12.
Bakersfield, California July 7, 2004 - Page 13
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Benham requested staff contact the owners of
the 7-11 Store on A Street at Chester Lane and provide
information regarding City process for graffiti abatement
services and provide such services as may be required.
Councilmember Benham requested graffiti abatement near the
Boys and Girls Club on Niles and Monterey Streets.
Councilmember Salvaggio requested graffiti abatement staff
revisit 2100 Benton Street where abated graffiti on a concrete
wall has bled through and is again visible.
Councilmember Salvaggio thanked Streets Maintenance employees
for repairs performed on Ming Avenue.
Councilmember Salvaggio announced he would be thanking people
who have been particularly helpful during his time on the City Council
between now and the time he leaves the Council in December.
Councilmember Salvaggio acknowledged Steve Walker, Conchita
Walker, Brad Underwood and Mike Connor.
Councilmember Carson announced memorial activities on the
first anniversary of the loss of Ernestine, Joanie, Marcus,
Lindsey and Marshall Harper, including the planting of trees in
Lowell Park; thanked City staff, the Tree Foundation of Kern and
the Boys and Girls Club for assistance in the effort; on behalf of
Elaine Bird, Ernestine Harper's daughter, invited the community
to participate in memorial activities and requested Police
provide traffic control during the events.
Councilmember Hanson congratulated the Don Jaeger and the
Visitor's and Convention Bureau for influencing the 2006 California
State Championships to hold their event in Bakersfield.
Councilmember Hanson requested an update regarding telecasting
Planning Commission Meetings. City Manager Tandy responded.
Councilmember Hanson requested an update regarding the plan
check process. Public Works Director Rojas responded.
Councilmember Hanson requested an update on the removal by
PG&E of power poles on Stockdale, west of Ashe Road to
Gosford.
ACTION TAKEN
12.
Bakersfield, California July 7, 2004- Page 14
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Hanson requested an update regarding
soliciting new bids for City health care consultant services.
Councilmember Hanson requested an update regarding the
effectiveness of the Redflex light enforcement system. Police Chief
Rector responded.
Councilmember Hanson provided information regarding his tour of
Wastewater Plant #3.
Councilmember Maggard thanked staff for assistance in resolving the
Rio Bravo issue.
Councilmember Maggard requested staff explore systematic
approaches to preventing/minimizing possible future failure of
facilities.
Councilmember Sullivan requested staff facilitata installation of
a trash receptacle at the bus stop on Wilson between Akers and
New Stine.
Councilmember Sullivan requested information on the re-opening of
the westbound off ramp of Hwy. 99. Public Works Director Rojas
responded.
Councilmember Sullivan complimented the Fire Department for the
Fourth of July fireworks program and display.
Councilmember Sullivan requested staff determine the date and
place of the first Fire Department fireworks display, and how
long it has been at Bakersfield College.
Vice-Mayor Couch thanked Council and staff for their support.
Vice-Mayor Couch requested Legislation and Litigation
Committee review the Highway 99 event.
Vice-Mayor Couch requested staff place on the next agenda a
Resolution opposing Proposition 68 and provided information
for distribution to Council.
Vice-Mayor Couch thanked Development Services Director Hardisty
for assistance regarding poles in the Riverlakes area.
Vice-Mayor Couch requested staff coordinate tree trimming in
the White Lane/Gosford Road area with PG& E.
ACTION TAKEN
12.
'13.
Bakersfield, California July 7, 2004 - Page 15
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Couch requested traffic control on Downing between
Coffee and Fruitvale.
Vice-Mayor Couch requested staff provide information to the
public regarding standing water in sumps and the West Nile
Virus.
ADJOURNMENT
Mayor Hall adjourned the meeting at fO:47p, m.
ACTION TAKEN
MAYOR ~the City ~ Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California