HomeMy WebLinkAbout09/22/04_CC_AGENDA_PACKET AGENDA HIGHLIGHTS
SEPTEMBER 22, 2004 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
WORKSHOP
Assistant City Manager, Alan Christensen will give an overview of the new graffiti website.
CONSENT CALENDAR
Ordinances:
Item 5c. First Readinq of an Ordinance Amendinq the Municipal Code Relatinq to Cabarets, Taxicabs
and Transient Outdoor Businesses. The Code currently provides that the City Manager will grant or deny
permits pertaining to these subjects, with appeals heard by Council. The amendment provides that in
regard to cabarets and taxicabs, the Police Chief would grant or deny permit applications, and the
Finance Director would serve in this capacity in the case of transient outdoor businesses. In all three
instances, appeals would be heard by the City Manager. The ordinance proposed is a minor item since
appeals in these areas are rare. This procedure would be timelier and would allow for confidential
information to remain so in certain instances.
Aqreements:
Item 5p. Aqreement with the Bakersfield Senior Citizen Center for Operational Expenses at the 530 4~h
Street Center in the amount of $50,000 of FY 2004-05 Community Development Block Grant (CDB~
funds). In October, 2001, the Budget and Finance Committee recommended that the City pay a one-
time contribution of $50,000 of Council Contingency funds for FY 2001-02 operational expenses. It was
further recommended that the Bakersfield Senior Center apply for CDBG funds in subsequent years.
The proposed agreement will provide $50,000 of CDBG funds to assist in providing senior services at the
th
facility on 4 Street consistent with Council policy.
Item 5q. Annexation Aqreement with Tom and Lisa Carosella, Gene D. Borel and Jerry L. Borel, and
Purchase of Knudsen Drive Riqht-of-Way in the amount of $264,148. In October, 2003, the Plannin~j
Commission approved Tentative Parcel Map 11010. One of the conditions was to extend Knudsen Drive
north to Olive Drive. The City will purchase the necessary right-of-way with fees included in the
Transportation Development Fee program.
This area is currently in unincorporated Bakersfield. The property owner, Tom Carosella, along with
several other adjacent property owners, desires to annex this property. It is staff's recommendation to
incorporate purchase of the necessary right-of-way into an annexation agreement. The property consists
of approximately 15 acres, and is located between Hageman Road and Olive Drive near where the
Hageman Flyover will be constructed. This location is also adjacent to land currently being contemplated
for annexation, which extends all the way to Freeway 99 between the proposed Hageman Flyover and
the Olive Drive at 99 interchange. All of this land is currently undeveloped commercial property.
Item 5r. Park at Granite Pointe Parkway and Ledqeview Lane. The two subdivisions in this area
generated a park demand of 4.03 net acres. The developer, Grant Point LLC, will dedicate 3.38 net
acres and has reserved .65 net acres for acquisition by the City. The first agreement provides that the
City will use park in-lieu fees from the South/Southwest Park Zone in the amount of $18,850 to purchase
the .65 acres. The second agreement will provide funds from the South/Southwest Park Zone in the
amount of $286,000 for development of the park. Staff recommends appropriation of the total of the two
agreements, $305,176, from the Park Improvement Fund Balance.
Agenda Highlights
September 22, 2004
Page 2
Item 5t. Cooperative Aqreement with Golden Empire Transit District for the Imelementation of a Citywide
Transit Siqnal Priority (TSP) System to Improve Bus Service and Reliability for the Public. The City
currently has 170 signals equipped with 3M Opticom receivers to allow signal pre-emption for emergency
Fire and Ambulance service vehicles. Golden Empire Transit District (GET) has requested to integrate
their Automatic Vehicle Locating system with the City's Opticom units. The buses will only send out a
signal priority call when traveling behind schedule more than five minutes, and only at intersections
operating at a level "C" or better to minimize any impact to other traffic flow.
GET expects to receive a grant from the Federal Transit Administration plus provide a 20% local match
for a total of $937,500 to fund additional equipment to allow for a Citywide program. GET expects to use
$79,000 of the grant to install the necessary transponder units on their buses. The remaining $858,500
will be used by GET to purchase additional units and software for the City's remaining signals. This
equipment will be used by the City to allow Fire and Ambulance service vehicles to do a full pre-emption
of the signal and then allow for a Iow priority signal call for GET buses.
Item 5u. Aqreement with Castle and Cooke California, Inc. to Construct Water Recharqe Basins
Adiacent to the Westside Parkway in the amount of $-!-!-!,500. The Westside Parkway will cross the
Rosedale Rio-Bravo Water Storage District property west of Allen Road. Mitigation for this crossing
includes the construction of recharge basins east of Allen Road along the south side of the Parkway.
The owner of this proposed basin area is also currently developing residential areas adjacent to this
basin area. Staff asked the owner about incorporating the grading and construction of the basins into the
grading and construction of the adjacent residential areas. Savings will be realized from no mobilization
costs and no excavation export costs, and economy of scale would be achieved. It will also reduce
construction nuisance from dust and noise to future residents of the area. The developer provided an
estimate for this work, and City staff believes this to be a lower cost then could be obtained by separately
constructing the basins.
Item 5w. Aqreement with Nossaman, Guthner, Knox & Elliott, LLP to Provide Leqal Services in the
Matter of the Buena Vista Lake Shrew, Proposed Critical Habitat Desiqnation, in an amount not to
exceed $60,000. The Federal Government is proposing listing the entire 2800 acre City Water Recharge
facility as critical habitat for the Buena Vista Shrew. The listing will have a serious and detrimental
impact on our ability to use this important facility for groundwater recharge. Staff recommends hiring this
law firm to represent the City in resisting the listing proposal.
Item 5x. 2005 Health Care Contracts. The City's contracts for health insurance are up for renewal for
2005. The City's health care consultants have worked diligently with the various vendors to obtain the
most favorable renewal rates for 2005. These rates reflect an increase in premium payment reserves in
the active employee Blue Cross PPO plan, as well as favorable experience for the retiree Blue Cross
PPQ plan. The Insurance Committee and the Personnel Committee have reviewed the proposed
premium revisions and recommend approval.
CONSENT CALENDAR HEARINGS
Item ea. Public Hearinq to Consider Expenditures of Local Law Enforcement Grants. In August, 2004,
the Police Department was awarded a Local Law Enforcement Block Grant (LLEB~) in the amount of
$69,902. The Grant stipulates that the City receive 90% ($62,912) and provide for a 10% ($6,990)
match. The $6,990 will come from the Asset Forfeiture Fund. Secondly, the City is due to receive
$410,673 in Supplemental Law Enforcement Services Funding (SLESF) as part of this continuing
program. The public hearing will consider how the funds will be spent.
Item 6b.
Agenda Highlights
September 22, 2004
Page 3
General Plan Amendment / Circulation Element Amendment to delete Rider Street as an
Arterial between Johnson Road and Stockdale Hiqhway, and Adopt a Specific Plan Line for Access
Ramps for the West Beltwav and Westside Parkway Interchanqe. This proposal by the Public Works
Department will allow the City to reserve approximately 44 acres of additional right-of-way for the
ultimate implementation of the West Beltway and Westside Parkway Interchange. The deletion of Rider
Street from Johnson Road to Stockdale Highway is necessan/ since the interchange location and
geometrics cover most of this street alignment. The amended specific plan line will permit the City to
more accurately define the interchange during the land development process for development now
underway or anticipated.
Item 6c. Resolution Orderinq the Vacation of the South 126 feet of the 30-foot Wide Alley between Oak
Street and Olive Street Extendinq from Palm Street to Dracena Street. This request is a revision of a
prior application by Safe-1 for vacation of the entire length of the alley (from Palm Street to Dracena
Street). The prior request was denied by Public Works because the proposal did not provide adequate
access for City refuse collection. The revised development plan provides adequate access for municipal
services.
At the June 23, 2004 City Council Meeting, the motion to vacate the south 126 feet of said alley was
ordered to be re-noticed by motion of Councilmember Benham due to an unanticipated protest from a
resident. Public Works staff, the project architect and Credit Union representatives met with all
concerned parties. As a result of this meeting, the site plan was modified by unanimous agreement.
Item 6d. Resolution Orderinq the Vacation of Pacheco Road between Buena Vista Road and Old River
Road. Fairway Oaks South, L.P. and Lennar Bakersfield, Inc., developers of Tract Nos. 6079 and 6156,
have requested vacating a portion of Pacheco Road in compliance with the conditions of approval. The
utility companies serving the area indicate they have facilities in the area that will need to be protected by
reservation of an easement. Staff has received no objections from any property owner within a radius of
300 feet of the vacating area.
Item 6e. Resolution Adootina the Mitiaated Neaative Declaration and Aporovin~] the Final Closure of the
Bakersfield City Sanitary Landfill. Closure of the facility requires the City to implement plans that
describe how that portion of the site which received waste will be permanently covered, and how the
entire facility will be monitored and maintained. These plans are known as the Final Closure/Post-
Closure Plans and must conform to State law. The closure procedures are detailed in the administrative
report.
CLOSED SESSION
There will be a conference with the labor negotiator and a conference with legal counsel regarding one
case of existing litigation (City of Bakersfield vs City of Shafter).
CONTINUATION OF REGULAR MEETING - 7:00 p.m.
HEARINGS
Item 13a. Public Hearinq to Consider an Appeal of the Board of Zoninq Adjustment's Approval of a CUP
to Allow the Construction of Two Drive-thru Restaurants Within an Existinq Shoppinq Center on
Haqeman Road. Two restaurants (Taco Bell and Starbucks) are proposed at the northeast corner of
Hageman Road and Calloway Drive in the existing Ralph's shopping center. During the Board's hearing,
residents expressed concern regarding noise from the speaker box, hours of operation, and lighting for
Taco Bell. The Board's approval conditioned ail speaker boxes to face north into the shopping center,
away from homes on the south side of the street. They also conditioned that the developer construct a
Agenda Highlights
September 22, 2004
Page 4
landscaped five-foot tall berm with a retaining wall along the entire length of the drive-thru lane. No
change was made to the proposed hours of operation.
Terry Ralston, representing Brian and Carrie Riel, (the CUP applicants), is appealing the approval on the
basis that the berm conditions were unclear, especially its design and location. Due to technical
difficulties, the design could not be viewed. Hard copies were available the following day, however,
although no one attempted to obtain them. The Board's conditions address the concerns of the
appellants and were agreed to by the developer; therefore, staff recommends denial of the appeal.
Item 13b. Public Hearinq to Consider Resolution Revisinq the Countywide Sitinq Element of the Kern
County and Incoreorated Cities Inteerated Waste Manaoement Plan. This plan is a document that
determines the location of disposal facilities in unincorporated Kern County. It was originally adopted by
the Kern County Board of Supervisors on April 23, 1996. On June 15, 2004 the Board approved
revisions to the Kern County General Plan with respect to siting criteria for waste disposal and
transformation (i.e. incineration) facilities. The revisions were mainly to increase the amount of buffer
property around waste facilities. In order to maintain consistency with the Kern County General Plan, it is
necessary to revise the Countywide Siting Element. State law requires that revisions be approved by a
majority of the cities containing a majority of the population. The proposed revisions do not affect the
City's own recycling and waste handling facilities. Staff therefore recommends adoption of the
resolution.
DEFERRED BUSINESS
Item 14a. Resolution Upholdinq the Decision of the Planninq Commission, Denyinq the Appeal, and
Adoptinq the Neqative Declaration for Vestinq Tentative Tract Map 6318, Generally Located South of
Chase Avenue and East of Kern Canyon Road. This item was on the September 8, 2004 Council
agenda as a Public Hearing. The hearing was closed and the item was continued to this meeting.
During the hearing of this subdivision appeal by the Sierra Club, the subdivider offered to pay an air
pollution fee at building permit to the City to improve air quality if and when one is adopted. It was
determined that it would be better if the subdivider identified what specifically would be done with the
money to address the air quality issue and that the fee should be paid by the subdivider upon recording
of map phases. The Council closed the hearing and gave the subdivider two weeks to come back with a
specific proposal. Staff is waiting for the subdivider's response. With or without it, staff is recommending
approval of the subdivision.
Approved:
John W. Stinson
Assistant City Manager
cc: Department Heads
City Clerk's Office
News Media File
(10 min)
3.
(Ward 3)
(Ward 4)
BAKERSFIELD CITY COUNCIL
AGENDA
SEPTEMBER 22, 2004
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. WORKSHOP
a. Preview of New Graffiti Webpage. (Staff presentation by Assistant City Manager Alan Chdstensen)
PRESENTATIONS
Presentation by Mayor Hail of Proclamation to Janis Vamer, Link to Life, proclaiming
October, 2004, "Paint the Town Pink" Month.
PUBLIC STATEMENTS
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 8, 2004 Council Meeting.
Payments:
Approval of department payments from August 27, 2004 to September 9, 2004 in the
amount of $16,480,271.21 (including $368,534.20 in Senior Citizen Refuse Refunds) and
self insurance payments from August 27, 2004 to September 9, 2004 in the amount of
$145,140.46.
Ordinances:
First Reading of Ordinances amending Chapters 5.14, 5.50 and 5.56 of the Bakersfield
Municipal Code relating to cabarets, taxicabs and transient outdoor businesses.
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map Nos. 101-36 and 122-01 to change the zoning from R-1
(One Family Dwelling) to C-O (Professional and Administrative Office) on 19.24 acres and
R-3 (Limited Multiple-Family Dwelling) to C-O (Professional and Administrative Office) on
20.57 acres, located on the north side of Stockdale Highway between Allen Road and
Jewetta Avenue. (ZC 04-0431) (First Reading 9-8-04)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 103-13 from an R-2 (Limited Multiple Family Dwelling)
zone to an R-1 (One Family Dwelling) zone on 8.96 acres, generally located on the south
side of Paladino Drive, between Fairfax Road and Morning Drive. (Engineer: Porter-
Robertson Engineering; Subdivider: Rio Bravo Land Company) (ZC 04-0650) (First
Reading 9-8-04)
o
(Ward 4)
(Ward 5)
(Ward 4)
(Ward 6)
(Ward 4)
(Ward 1)
(Ward 4)
(Ward 2)
CONSENT CALENDAR continued
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-06 from a DE (Drilling Island) zone to an E (Estate)
zone on 2.5 acres, generally located north of Snow Road, east of the Friant-Kem Canal,
generally west of Calloway Drive (Engineer: SmithTech U.S.A.; Applicant: Michael
Etcheverw). (ZC 04-0710) (First Reading 9-8.04)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-20 from an A-20A (Agriculture-20 acre minimum)
zone to an R-1 (One Family Dwelling) zone on 40.46 acres, located at the northeast comer
of Old River Road and Harris Road (Engineer: SmithTech U.S.A., Inc.; Subdivider: Lennar
Bakersfield). (ZC 04-0324) (First Reading 9-8-04)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 102-15 from C-2 (Regional Commercial) to M-1 (Light
Manufacturing) on 13.18 acres located along the north side of Hageman Road between
Landco Drive and Knudsen Drive. (ZC 02-0410) (First Reading 9-8-04)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (One Family
Dwelling) on 77 acres, located along the south side of McCutchen Road, generally located
between Ashe Road and Stine Road. (ZC 04-0422). (First Reading 9-8-04)
Adoption of Ordinance adopting the Negative Declaration, upholding the Planning
Commission decision and amending Title 17 of the Municipal Code and Zoning Map No.
101-14 to change the zoning from A (Agricultural) to R-1 (One Family Dwelling) on 56.48
acres, located south of Reina Road and west of Allen Road. (ZC 04-0441) (First Reading
9-8-04)
Resolutions:
Resolution of Intention No. 1347 adding territory, Area 4-31 (Hwy 58, Quantico NE), to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving Public
Works Director's Report.
Resolution adding territory, Area 1-50 (Jewetta, Reina SW) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
Amendment No. 11 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit.
n. Drive Approach/Sidewalk Construction at 1128 Eureka Street:
Resolution authorizing the Public Works Director to construct a drive approach and
sidewalks at 1128 Eureka Street, confirming assessments and authorizing the
collection of assessments by the Kern County Tax Collector.
Agreement with Maethan Johnson, property owner, to pay the drive approach and
sidewalk construction costs in installments and notice of special assessment lien.
2
5. CONSENT CALENDAR continued
(Ward 4)
(Ward 1)
(Ward 7)
(Ward 4)
(Ward 2)
Agreements:
Final Map and Improvement Agreements with Hampton Place, LP for Tract 6033 located
south of Palm Avenue and east of Jenkins Road.
Agreement with the Bakersfield Senior Citizen Center for $50,000.00 of FY 2004-05
Community Development Block Grant (CDBG funds) for operational expenses at the 530
4th Street Center.
q. Condition of approval for Parcel Map 11010 located on Knudsen Drive:
Annexation Agreement with Tom and Lisa Carosella and Gene D. Borel and Jerry
L. Boral to annex property into the City and to purchase Knudsen Drive right of way.
Appropriate $264,148.00 Transportation Development Fund balance to the Capital
Improvement Budget for property acquisition.
r. Park at Granite Pointe Parkway and Ledgeview Lane:
1. Agreement with Granite Pointe LLC for $18,850.00 for acquisition of park land.
2. Agreement with Granite Pointe, LLC for $286,326.00 for the development of park.
3. Appropriate $305,176.00 Park Improvement Fund Balance.
s. Transportation Impact Fee Agreement with Mountain View Bravo, LLC.
Cooperative Agreement with Golden Empire Transit District for the implementation of a
citywide Transit Signal Priority (TSP) system to improve bus service and reliability for the
public.
u. Construction of Water Recharge Basins adjacent to the Westside Parkway:
Agreement with Castle and Cooke California, Inc. ($444,500.00) to construct water
recharge basins and associated water conveyance system.
Appropriate $450,000.00 Transportation Development Fund Balance to the Capital
Improvement Program.
Agreement with SBC to provide Wi-Fi wireless internet service to Centennial Garden and
Convention Center.
Agreement with Nossaman, Guthner, Knox & Elliott, LLP to provide legal services in the
matter of the Buena Vista Lake Shrew, Proposed Critical Habitat Designation, in an amount
not to exceed $60,000.00.
5. CONSENT CALENDAR continued
(Ward 2)
(Ward 1)
x. 2005 Health Care Contracts:
Amendment No. 12 to Agreement No. 93-267 with Blue Cross of California for
Indemnity Health and Dental Services,
Amendment No. 11 to Agreement No. 93-266 with Blue Cross/California Care Health
Plans for Medical Services.
Amendment No. 8 to Agreement No. 96-148 with Blue Cross of California for the
Medicare Risk plan Senior Secure.
Amendment No. 7 to Agreement No. 97-230 with Kaiser Permanente Health Plans
for Medical Services.
Amendment No. 7 to Agreement No. 97-321 with Kaiser Permanente Health Plans
for Medical Services for retirees.
Amendment No. 13 to Agreement No. 91-280 with Dedicated Dental Systems, Inc.
for pre-paid Dental Services.
Amendment No. 12 to Agreement No. 92-278 with Medical Eye Services and
Security Life Insurance Company for Vision Services.
Amendment No. 4 to Agreement No. 00-262 with Pacific Union Dental for pre-paid
Dental Services.
Amendment No. 4 to Agreement 00-263 with PacificCare Behavioral Health of
California for Managed Mental Health Care.
10.
Amendment No. 5 to Agreement 96-220 with PacifiCare Behavioral Health of
California for Employee Assistance Services.
Amendment No. 6 to Agreement No. 98-222 with HTE, Inc. ($151,77.36) for service support
of licensed software.
Amendment No. 2 to Agreement No. 02-255 with Niemeyer & Associates to extend term and
increase compensation by $16,000.00 (for a total contract amount of $89,400.00) for
AMTRAK track inspection services.
aa.
Amendment No. 1 to Agreement No. 98-51 with Kern Charter Service to add six tie-down
spaces to the premises leased at the Bakersfield Municipal Airport, increase the total lease
amount by $120.00 per month and amend insurance requirements.
bb.
Amendment No. 2 to Agreement No. 02-258 with Granite Construction Co. (no increase in
compensation) extending the annual contract for street materials time period for three (3)
weeks.
CC.
Amendment No. 1 to Agreement No. 04-023 with Marderosian, Runyon, Cercone, Lehman
& Armo (increase compensation by $25,000.00, to contract not to exceed $175,000.00) to
provide additional legal services.
4
5o
(Ward 1)
(Ward 4)
(Ward 2)
(Ward 5)
CONSENT CALENDAR continued
dd.
Bids:
ee.
Rescind Agreement No. 03-370 with George Sturges, Jr. for lease of the "Shade Hangar"
located at the Bakersfield Municipal Airport.
Accept bid to award annual contract to Safeway Sign Company, not to exceed the budgeted
amount of $55,000.00, for traffic signs.
Miscellaneous:
Staff recommends adoption of Consent Calendar items a through ee.
CONSENT CALENDAR HEARINGS
a. Public Hearing to consider expenditures of Local Law Enforcement Grants:
Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant (L.L.E.B,G.)
Funds in the amount of $62,912.00. (Staff recommends approval of proposed
expenditures and appropriations,)
Appropriate $62,912.00 Federal Grant and $6,990.00 Asset Forfeiture
monies to the General Fund Police Department Operating Budget.
Supplemental Law Enforcement Services Funding (S.L.E.S.F.) in the amount of
$410,673.00 (per Government Code 30061). (Staff recommends approval of
proposed expenditures and appropriations.)
Appropriate $335,673.00 State Grant to the Police Department Operating
and Capitol Budgets; transfer and appropriate $130,000.00 to the Equipment
Management Fund Operating Budget.
General Plan Amendment No. 04-0909 Circulation Element Amendment; The City of
Bakersfield Public Works Department has requested a General Plan Amendment to delete
Rider Street as an arterial between Johnson Road and Stockdale Highway and adopt a
specific plan line for access ramps for the West Beltway and Westside Parkway
Interchange. (Staff recommends adoption of resolution.)
Resolution approving the Negative Declaration and adopting the General Plan
Amendment deleting Rider Street between Johnson Road and Stockdale Highway
and adopting a specific plan line for access ramps for the West Beltway and West
Parkway Intemhange.
Public Hearing to consider Resolution ordering the vacation of the south 126 feet of the 30
foot wide alley between Oak Street and Olive Street extending from Palm Street to Dracena
Street. (Staff recommends adoption of resolution.)
Public Hearing to consider Resolution ordering the vacation of Pacheco Road between
Buena Vista Road and Old River Road. (Staff recommends adoption of resolution.)
5
(Ward 3)
CONSENT CALENDAR HEARINGS continued
Public Hearing to consider project for the final closure of the Bakersfield City Sanitary
Landfill located north of Panorama Drive, south of Alfred Harrell Highway, west of Fairfax
Road and east of Wenatchee Avenue/County Road 219. (Staff recommends adoption of
resolution and approving the Bakersfield City Sanitary Landfill Final Closure Mitigated
Negative Declaration.)
Resolution adopting the Mitigated Negative Declaration and approving the final
closure of the Bakersfield City Sanitary Landfill.
7. CLOSED SESSION
Closed Session pursuant to Government Code Section 54957.6; Conference with Labor
Negotiator.
Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9; City of Bakersfield v City of Shafter.
RECONVENED MEETING - 7:00 p.m.
8. ROLL CALL
9. INVOCATION by Pastor David Schooler, The Neighborhood Church
10. PLEDGE OF ALLEGIANCE by Taylor Graham, 6"' Grade Student at Haven Drive Middle School.
11.
12.
13.
(Ward 4)
CLOSED SESSION ACTION
PUBLIC STATEMENTS
HEARINGS
Public Hearing to consider appeal by Terry Ralston, representing Brian and Carrie Riel, of
the Board of Zoning Adjustment's approval of a CUP (File No. 04-0706) to allow the
construction of two drive-thru restaurants (3949 and 810 sq. ft.) within an existing shopping
center in a C-1 (Neighborhood Commercial) zone district at 9640 and 9650 Hageman Road.
Staff recommends adoption of resolution upholding the decision of the Board of Zoning Adjustment
and denying the appeal.
Public headng to consider Resolution revising the Countywide Siting Element of the Kern
County and Incorporated Cities Integrated Waste Management Plan.
Staff recommends adoption of resolution.
6
14.
(Ward 3)
15.
16.
DEFERRED BUSINESS
Resolution upholding the decision of the Planning Commission, denying the appeal, adopting
the Negative Declaration and approving Vesting Tentative Tract Map 6318 generally located
south of Chase Avenue and east of Kern Canyon Road (State Route 184). (Appellant:
Siena Club/Engineer: Cornerstone Engineering/Subdivider: Arnold & Vicki Young) (Hearing
closed and item continued from 9/8/04 meeting)
Staff recommends upholding the Planning Commission's decision to approve and adopt the negative
declaration and Vesting Tentative Tract Map 6318 and denying the appeal.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submitted,
Alan Tandy
City Manager
pi
9/16/04 10:35am
7
MEETING DATE: September 22, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Workshops
ITEM: c~, 0~.
TO: Honorable Mayor and City Council APPROVED
City lvlanager DEPARTMENT HEAD
FROM:
Alan
Christensen,
Assistant
DATE: September 10, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Preview of New Grafitti Webpage
BACKGROUND:
Assistant City Manager, Alan Christensen will gh/e an ovenziev,, of the Grafitti website. The website has
undergone some changes recently that will make access to infcrmation easier and quicker for residents
wanting to eradicate grafitti.
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Presentations
ITEM: ,,~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L, Hall
September 10, 2004
DEPARTMENT HEAD~
CITY ATTORNEY
CITYMANAGER _~
Presentation by Mayor Hall of Proclamation to Janis Yarner from Link to Life, proclaiming
October, 2004, as "Paint the Town Pink Month".
RECOMMENDATION:
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Consent Calendar
TEM: 5.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
September 10, 2004
APPROVED
DEPARTMENT HEAD/'~, ~
CITY ATTORNEY
CITY MANAGER
Approval of minutes of the September 8, 2004 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: September 23, 2004
AGENDA SECTION: Consent Calendar
TEM: .~. ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
September 9, 2004
_APPROVED
DEPARTMENT HEAD. ,/~/'~"
CITY MANAGER ~
Approval of department payments from August 27, 2004 to September 9, 2004 in the
amount of $16,480,271.21 (including $368,534.20 in Senior Citizen Refuse Refunds) and
self insurance payments from August 27, 2004 to September 9, 2004 in the amount of
$145,140.46.
RECOMMENDATION:
Staff recommends approval of payments totaling $1~e,625.411 .~7~
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
I ITEM: ~, ¢...,
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Virginia Gennaro, City Attorney DEPARTMENT HEAD t/~
September 3, 2004 CITY ATTORNEY
Ordinances amending Chapters 5.14, 5.50, and 5.56 of the Bakersfield
Municipal Code relating to cabarets, taxicabs and transient outdoor
businesses.
RECOMMENDATION:
Staff recommends first reading of these ordinances
BACKGROUND:
Title 5 of the Bakersfield Municipal Code deals with the licensing of numerous types of businesses
In most cases, these businesses are granted permits if they meet ce~ai~ qua',ifications, by the Citb
Manager. Any appeal of a denial of a permit is to the City Council.
With regard to cabarets (Bakersfield Municipa! Code Chapter 5.14i, taxicabs fChaDter 550) and
transient outdoor businesses (Chapter 556), the proposed ordinances wouid provide that th;e Police Chief
(in the case of cabarets and taxicabs', and ,'he Finance Direclor (in the case of transient outdoor
businesses) would be the pa,!y to gra'~ or deny permit app cations ,¢~i~h appea~s ~n aiJ th:ee instances
gong to the City Manager.
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Consent
ITEM: 5,
TO:
FROM
DATE:
Honorable blayor and City Council
Development Services - Planning
September 14, 2004
DEPARTMENT HE~P---ROVED
CITY MANAGER ~
SUBJECT:
An Ordinance adopting a Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map Nos. 101-36 and 122-01 to change the zoning from R-1 (One Family
Dwelling) to C-O (Professional and Administrative Office) on 19.24 acres and R-3 (Limited
Multiple-Family Dwelling) to C-O (Professional and Administrative Office) on 20.57 acres,
located on the north side of Stockdale Highway between Allen Road and Jewetta Avenue
(ZC 04-0431). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on September 8, 2004. The
'e~:este~za~e change(ZC 04-0431iwas proposed~n conjunction with GPA 04-0431 which the
C:[F Cc~;'::' adopted on September 8 2004 The City Council also adopted Conditions of
~porovai Mit;gat~on Measures which are provided ~.Ex,-ibtCoftheOrdinance
Th~* 0 .,,,,~, c~ reflects the general plan ame,,dmen. ~n t,he zoning ordinance
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004 AGENDA SECTION: Consent r
ITEM: ,~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
September 7, 2004
DEPARTMENT HEA{~)_ ~Ay~OVED
CITY ATrORNEY
CITY MANAGER
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 103-13 from an R-2 (Limited Multiple Family Dwelling) zone to an R-1
(One Family Dwelling) zone on 8.96 acres, generally located on the south side of Paladino
Drive. between Fairfax Road and Morning Drive (Engineer: Porter-Robertson Engineering;
Subdivider: Rio Bravo Land Company). (ZC 04-0650) (Ward 3).
RECON ~ ENDATION:
Staff recommends adoplion of the ordinance.
BACKGROUND:
reading of this ordinance was conducted on September 8, 2004.
On July 15, 2004 !he Planning Commission adopted Resolution No. 97-04 recommend'.ng
ap~0rovai of a Zone Chaage from an R-2 (Limited Mu!tiple Family Dwelling) zone to an R-1 (One
Family Dwelling) zone on 8.96 acres. The zone change would allow for residential development
and would bring the zoning of ~his site into conformance with the general plan designation
The zone change was a Condition of Approval of Tract 6202, as the subdivision would have
crea!ed lots with split zoning, having both R-1 and R~2 zone designalions.
.-.. ,, e oublic hearing held before
. ~,e Planning Commission, no one ',,,'as in opposition to the
reques~ and the app,'cant agreea to aii conditions and mitigation for the project.
,~ ~:gni i~ant environmental impacts related to this project were identified and a Negative
Declaration is recommended for adopter Steff recommends adoption of the ordinance
app;o,,ing the zone change
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004 AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
APPROVED
DEPARTMENT HEAD" ~/~. ~z/
September 7, 2004 CITY ATTORNEY 'L-'~'J'~r'~"~
CITY MANAGER "~
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 102-06 from a DI (Drilling Island) zone to an E (Estate) zone on 2.5
acres, Generally located north of Snow Road, east of the Fdant-Kern Canal, generally west
of CaIloway Drive (Engineer: SmithTech U.S.A., Inc.; Applicant: Michael Etcheverry). (ZC
04-0710) ¢Nard 4).
RECOMMENDATION:
Staff recommends adoption of ~ne ordh ,ance
BACKGROUND:
First reading of this ordinance ,,vas conducted on September 8, 2004.
On August 19, 2004 the Planning Commisslon adopted Resolution No. 106-04 recommending
approva of a Zone Change from an E (Estate) zone on 25 acres. The zone change would bring the
zoning of this site into conformance with SR (Suburban Residential) general plan designation.
On February 25, 2004, the City Council approved Zone Change 03-1279 changing the zoning of 7435
acres of land from A (Agriculture) to E (Estate) and changing the zoning of the subject site (2.5 acres',
from A to DI (Drilling Island). The zone change encompassed a total of 76.85 acres of land.
This proposed zone change would change the 25 acre DI (Drilling island) zone (approved with Zone
Change 03-1279) to E (Estate) zoning to a!low for the development of single family residences. At tile time
c,f approval of the zone change from A to Df, the property owner did not own the mineral rights. The
prope~y owner has subsequently obtained the majority of mineral rights for the 76.85 acres that were the
subject of ZC 03-1279.
Staff provided notice of this proposed zone change to all mineral rights owners located within this section
land and as pah our sta,ff's review, copies of ~he agreements relinquishing the mineral rights were
obtaJ'~ed. Staff finds that the subject drilling island is no longer necessary and recommends approval o~ t~e
requested zone change. No correspondence was received objecting to the proposed zone change and at
;he public hearing held before the Planning Commission, no one ,,vas in opposition to the reques~
,',Jo significant environmental impacts related to this projecl ,,,,'ere identified and it was determined iha:
the Negative Dec~arat'on approved for Zone Change 03-t279 adequately addressed the environmenta
impacts of this project Staff recommends first reading of the ordinance approving the zone change
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
JAGENDA SECTION: Consent
ITEM: ,~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Plannin9
September 7, 2004
CITY ATTORNEY
C,'TY MANAGER
Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. I23-20 from an A-20A (Agriculture-20 acre minimum) zone to an R-I
(One Family Dwelling) zone on 40.46 acres, located at the northeast corner of Old River
Road and Harris Road (Engineer: SmithTech U.S.A., Inc.; Subdivider: Lennar Bakersfield).
(ZC 04-0324) (Ward 5).
RECOMMENDATION:
Siaff recommends adoption of the ordinance.
B,ACKGROUND:
First reading of this ordinance ,,vas ccnducted on September 8, 2004.
On July 1, 2004 the Planning Commission adopted Resolution No. 87-04 recommendinc
aporoval of a Zone Change from an A-20A (Agriculture-20 acre minimum) zone to an R-1 (On~
Family Dwei!ing) zone on 40,46 acres. The zone change would allow for residential
deve!opment, and would bring the zoning of this site into conformance with the general p!an
designation.
At the pubiic hearing held before the Planning Commission, no one was in opposition to the
request
significant envJronmenial impacts ~-'~ -~ *
~ ¢,eu o this project were identified and a Negative
Deciarat;on is r~om,, end=d fcr adop:Jon. Staff recommends adoption of ihe :rc~nance
approving the zone change
ADMINISTRATIVE REPORT
i MEETINGDATE: September 22, 2004 Consent
AGENDA
SECTION:
, ITEM: ~. h.
TO:
FROM
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
September 8. 2004
/J.AP'"~ O~ E D
DEPARTMENT HEAD //
CITY ATTORN'~F/'/~~-'
CITY MANAGER//~x~2
An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map 102-15 from C-2 (Regional Commercial) to M-1 (Lighl
Manufacturing) on 13.18 acres (ZC 02-04t0). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City OoLmcil conducted the first reading of the Ordinance on September ~. 2004
This amendment acknowledges both the existing approvals on the site (mini-storage) and changes
the balance of the site to light industrial uses. There is an existing approved Conditional Use
Permit and approved site p!an for the mini-storage proiect which covers about seven acres of r. se
site Mini-storage projects are permitted by right in an M-1 zone district. For simplicity in mapping
the Plannin9 Commisson approved both the appiicants request (8 !8 acres) and changed ~se
,sa ance of the parcel to M_l for a totai o,~1318 acres No one spokemoppos,,tiontothisreques:
and no issues were raised by reviewing public agenoes
This "'= ,
s, ~ has exce!ient access and is seoarated from r
All urban services are available to the ste
~1G
Admin 9-$ 0410
MEETING DATE: September 22. 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent
I ITEM: .5. (,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
Ju!y 4 2004
DEPARTMENT HEA~/'
CITY ATTORNEY /,~?~.J~,)
CITY MANAGER
An Ordinance adopting the Negative Declaration and amending Titte 17 of the Municipal
Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (One Family Dwelling) on 77
acres, located a!ong the south side of McCutchen Road. generally between Ashe Road and
Stine Road (ZC 04-0422) (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the Ordinance
BACKGROUND:
,, ,= ~-,.y C'~,. nci! conducted the first reading of the Ordinance on September 8. 2004.
This amendment to ~he general plan would permit the development of singe family res~aentia
T~e P;ann;ng Commission conducted public hearing(s) on this Zone Change
recommenced C~t'/ Council approval on June 16, 2004 No one was in opposton to the request
?d the ac: icant agreed to ali conditions and mitigation for the project.
S,a, .....~,.cted an n~t~a~ study and it ¢~ras determined that the project would not have a s gn, ,t.a,.
_,.=,... on the eh,, ......... t. Therefore a negative ,~:,~ ~,-~"~,'.
oost~ Aori
........ ~,, was pre3ared and .,.d on 3,3
2004 ~n accordance, :
,vtc CEQA,
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Consent
ITEM: ~.j.
TO:
FROM:
DATE:
Honorable Mayor and City Council
De',,e]opment Services - Planning
September 8, 2004
SUBJECT:
An Ordinance adopting a Negative Declaration, upholding the Planning Commission, and
amending Title 17 of the Municipal Code and Zoning Map No. 101-14 to change the zoning
from A (Agricultural) to R-1 (One Family Dwelling) on 56.48 acres, located south of Reina
Road and west of Allen Road (ZC 04-0441). (Ward 4)
RECOMMENDATION:
Staff recommends adoplion of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on September 8, 2004. The
requested zone change (ZC 04-0441) was proposed in conjunction with GPA 04-0441, which the
City CounciJ adopted on September 8 2004. The City Council also adopted Conditions of
Approval/Mitigation )Jeasures which are provided in E~hbit C oF the Ordinance
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004 AGENDA SECTION: Consent Calendar
ITEM: 5. ~.,.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 2, 2004
APPROVED
DEPARTMENT HEAD ,/~//~ ~.-
CITY ATTORNEY ~;~
CITY MANAGER ~
Resolution of Intention No. 1347 to add territory, Area 4-31 (Hwy 58, Quantico NE) to the
Consolidated Maintenance District, preliminarily adopting, confirming and approving Publ!c
Works Director's Report. (Ward 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Parcel Map 10949. to be included in the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of public parks and street landscaping. Staff recommends the addition of territony, Area 4-31
(Hwy 58, Quantico NE), to the Consolidated Maintenance District. Area 4-31 is generally bounded by East
Srundage Lane on the north, a line approximateiy 1320 feet east of Quantico Avenue on the east, Hwy 58
on the south and the mid-section line of Section 3. T30S. R28E, M.D.B. & M. on the west. This area w~l!
~e under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a
para has been constructed and street landscaping has been installed.
),.c,; ~ ....... e~d ,,g the new ierritory be added io the Consolidated Maintenance District at !he next City
, ne ¢ :7 of Eaxersfie d has received a letter from the o,vner of the property described above which waives
~'e o.~o!ic hearing concerning inclusion in the Consolidated Maintenance District This allows the City to
e<sed~te the maintenance district process, to satisfy the subdivision requirement. The owner also has
subm tied a Proposition 2t8 ballot indicating his consent to the assessments.
In order to provide future property owners v,,ith disclosure regarding the inclusion of land Jr; the
-'onso ca!ed Maintenance District and the estimated maximum annual cost per equivalent d,,ve!',ing unit. a
:ve',:;-:~ has been drefted and wffi be suppiied to the subdMder/developer to be recorded with the
su¢:i ,s:'~n map A cop'.,' of this covenant is attached for reference
ADMINISTRATIVE REPORT
I MEETING DATE: September 22, 2004
AGENDA SECTION: Consent Calendar
ITEM: ..~.~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Paul M. Rajas, Public Works Director
August 16, 2004
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Resolution adding territory, Area 1-50 (Jewetta, Reina SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On Seplember 8, 2004 the Council adopted Resolution of Intention No. 1345 to add
territory, Area 1-50 (Jewetta. Reina SW). to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in tne Consolidated Maintenance Dislricl will provide for the
maintenance of street landscaping for Tract Map No. 6153. Area 1-50 is generally bounded by Reina
Road on the north, Jewetta Avenue on the east a line approximately 1319 feet north of Noriega Road on
the south and Old Farm Road on the wesl. This area will be under the streetscape zone of benefit and w!l!
be ess she'-! the appropriate tier level when street andscaping has been inste%d
The addition of this territory to the Consolldptp, .~.- · ,.,Lin.,,~,,_~ ....... ,,..e Dis~ _. ..... .... ~ not oroh~",it-'d c.,, Prcoositian 213
The City of Bakersfield has received a letter from the owner of tile property described above which ~vai'/es
the public heanng concerning inclusion in the Consolidated Mature ',ance Dis(rict This a!iows the City to
expedite the maintenance district process, to satisfy the subdivision requiremenL The owner also has
submitted a Preposition 218 ballot indicaiing h~s cansem to the assessments
In crder to provide future ~ropeA;/ owners '/,rth dlsclosurs r_]]ar~ing ;;:e inslusion of lane! in the
Cocsolidated !',,!aintenance Dis rici and the es' ?ate~ max mum anntml ce~ pe~ e~ ~i~a e;~! d,ve!!i~ g Jr
covenant has been drafted ant will be suoplied to the subd ~der, da,,'e!oper t;, be recor:!-zd ,'z[th !ne
subdMsionmap Acop),'ofthecovenantlsattachedforrsferen:
dc
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Consent Calendar
IITEM: ..~. r~.,,
TO: Honorable Mayor and City Council /~
APPROVED
FROM: Carroll Hayden, Human Resources Manager["~'DEPARTMENT HEAD
DATE: September 7, 2004 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Temporary Salaries
t. Amendment No. 11 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The temporary salary schedule is being updated to increase the salary rate of the temporary PC
Technician. This action is recommended to address the difficulty recruiting iT temporaw employees w;th
adequate technical background to perform complex technician work Increasing the sa'.ary ,,,/il! refiec~
community rates and allow us to find qualified applicants
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004 AGENDA SECTION: Consent Calendar
ITEM: 5. n,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas Public Works Director
September 3, 2004
APPROVED
CITY ATTO RS EY/J/~/~
1 Resolution authorizing the Pubic Works Director to construct a drive approach and
sidewalks at 1128 Eureka Street, confirming assessments and authorizing the collection of
assessments by the Kern County Tax Collector. (~,g~k~'d o~,)
?_ ~,greement with proper~y owner to pay lhe drive approach and sidewalk construction
costs in installments and notice of special assessment lien,
RECOMMENDATION: Staff recommends adoption of the Resolution and Agreement
BACKGROUND The o,,',ner of the property a:1',28 Eureka Street has requested the City to construct
a drive approach and_ sidewalk at her prepe~y. She claims that to pay the construction cost in one
payment would pm. duce an ~' n
~o
1. This resoiutc - coni:~rms the assessments 8n~ authorizes the Kern County Tax Co
dr ye aOCrr'a~-h ~.ra sidewalk construe[ion costs in
,, ~ .... ,r~r~e pabmen,'.s over Ihe next three years
2. To assist in .Da ,'[r~.:~ the slde Na!k construciion costs [he'~'Ly~;' h~:~-~m,¥~tr~ntm'~.._.~.~, with the~[~ ,_,~re~' ' ~y owners to
~on
accordance ·
., , un c pa C,.de
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
IAGENDA SECTION: Consent Calendar
ITEM: 5, o,
TO:
FROM:
DATE:
SUBJECT:
(1/
Honorable Mayor and City Council
Raul lVl. Rojas, Public Works Director
September 3, 2004
Tract Maps and Improvement Agreements
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Final Map and Improvement Agreements with Hampton Place, LP, for Tract 6033 located
sou lh of Palm Avenue and east of Jenkins Road. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and aereements.
BACKGROUND: These Agreements are entered into tc secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to s!ree~s, sewe-
storm dra:,n, and landscaping on or adjacenl Io '.he property being subdivided.
:',;GTE: TI~tE IXlPR()VEMENT AGREEME~'TS
\RE FILED IX TIlE (
FOR
ADMINISTRATIVE REPORT
MEETING DATE: September22,2004 ~ AGENDA SECTION: Consent Calendar :
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L Kunz, Eccnomic Development Director
A~ .~ ~. 2004
APPROVED
DEPARTMENT HEAD ~_~2 ~,,~'~
CITY ATTORNEY ")~
CITY MANAGER ~"~
Agreement with the Bakersfield Senior Citizen Center for $50,000 of FY 2004-05
Community DeveIopment Block Grant (CDBG) funds for operational expenses at the 530
,4 S,,reet Center. O~VARD 1)
RECOMMENDATION:
Staff recommends epcraval
BACKGROUND:
Since 1983, the Bakersfieid ben~or~ Cit;",~" ..... Cen!er (BSC). a 701- (c) (3) nomprofil corporaton, has been
providing senicr ser,'~ces' at o~,."'~' 4'- S~r-~=, .... The center provides a variety of recreational, social.
educaiional, and vocational training acti¥ities primarily for seniors of Ihe Grealer Bakersfield Metropolitan
.Area
~',,~ ,,,~,~,~ .¢~ars L;DBG fends inav~ peps_ used toexpand t~e facilibes'-~ere at the4'~ Street center
,-;,, ~ ~ne: ,~,, years a reduchon of comet.c,% and Fund raisers has impacted the opera~ions of the
.......... s. , was recommended that ~he
. ~.- ~- ,~ to operate the facility from June 2001 to July 2002
..... ~ouno, ~on[~ngenc) tunds Tnat recommendation was approved
by the Cdy~ Oouncii ~_, their ~¢~ ~,,.,~ .~kp' '~'~., 2001 m~¢~'o.,~. ,. In aJa .... *,-,¢, it was recommended that BSC appi~
for COBG funds in subsequent years· BSC received CDBG funds in FY 2003-04, which were used to meet
operations expenses for that fiscal year.
,.~, cpe;atmg ~unds ~* meet !ne increasing costs of de! ,.,ering services to
n~r s moudmgtlae
~o.~¢ ,.¢ stab~hze .~ c~er~cns and ir b,... u O858S
..... t~ its ;.~¢nst ~Jen~s The center has fie~~ a
n- .r mea fc, ts chents, as an additionat se¢v~ce
~LP~G funds t~
. ~a.~;, ~ In providing senior se~ices at the
~SC facili~y on 4- Street FheBakersfie!d Senior Center has submitteda prooosed operating budget
.ia r';e:(t 12 mcn:;:s ~ ~!20 g00. e~cfu-~i~g Bi~go r~ ~, ~-
I MEETING DATE: September 22, 2004
ADMINISTRATIVE REPORT
I AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Direclor
September 8, 2005
A~PROVED
DEPARTMENT HEAD
CITY
C TY MANAGER
Parcel Map 11010 Condition of Approval for Knudsen Drive
(Ward - to be determined upon annexation)
1, Annexation Agreement with Tom and Lisa Carosella and Gene D. Borel and Jerny L
Borel to annex property into the City and to purchase Knudsen Drive right of way
2 Appropriate S264,148 Transportation Development Fund Balance to the Capital
Improvement Budget for property acquisition
RECOMMENDATION: Staff recommends , ,' '
o, ,~¢ .....eh, and appropriation
BACKGROUND: On October 22. 2003 the Bakersfield Planning Commission approved tentative parcel
map 11010 One of the conditions for this parcel map was to extend Knudsen Drive nortn to Olive Drive
VMe have been in ccntact with the current propeqy owner who is wining to se!! the necessa%v r:,ghE of
Costs for this acquisition are included in the Transportation Deveiopment Fee program.
The area where we have to purchase this right of way is currently in unincorporated Bakersfield The
c~opeqyowner Tom Carosella isdesiraustc annex this property into the City in addition, severe;
ediace"t properties are desirous to annex fr~to the City -'here s c,_~rrentiy preNmJnary planning being dane
'or a large comme'ciai develocment in th~s ares it is staff's recor-~mendation io incorporate purchase
t~:e recessary rlgh; of way nto an Annexation ,:,g~eer-qent with %Ir Carosei a
The property to be annexed consists of approximately 15 acres and is located beb,*,.een '~ageman Rca_~
and Olive Drive near where the Hageman Flyover wir! be constructed This location is a!so adjacent to
rand currenUy being contemplated for annexet~op which exten,:~s al! :he ,,,/ay to Freeway 99 bebveen the
proposed Hageman Flyover and the Oii,,'e Drive at 99 inter,:nange ~'Ii of this !and is curre"t7
undeveloped commercial proper!..y
The prepert, y valuation ',,/as based or; severe :es:zrs F:rs:. the p :ca of $4 02 per square foot is the pr;sa
that '.,vas paid by ~!~ Carosei!a for the p"2pert) : comparab',e err?shy nea:'b/ -ecami.~ sod for S3 I0 pe
square foot According to o~.~r Properly manage,' the prce of Sa 03 ~er square foot is aun. e reas~,',ab ?
and ~s sdpported by nea,'by comparab:e~.
Purchase of Knudsen Drive r!ont of wa ,, is cur-ent:v par: of the T¢aF=i',*', ,~¢a~t· ~ ~_e P,' ra%...n ..... and s"- ,f?';':;ent,.
f,Jnds a'e a,/aiiabla for this purcnase
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Consent Calendar
ITEM: ~. r,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen
Director of Recreation and Parks
September 8, 2004
APPROVED
CITY ATTORNEY /'~/
CITY MANAGER /~.'~
Park at Granite Pointe Parkway and Ledgeview Lane. (Ward 7)
~ '~v,^ *'-:,...n.~r.t .... ,,,,ith Granite' ~'r-o~nte' LLC for S18 850 for .Acquisition of Park Land for Gra'~;',,,e
Poinle Park
2 Agreement with Granite Pointe, LLC for $286,326 for the Development of Granite P(in~e
Park
,
.................. k h'norovement Fund Balance.
RECOMMENDATION: o,af, recommends aocroval of the agreements and authorization of the
BACKGROUND: On Decembe~ :-~ ""' ~'- Planning , ~
zu02 the Commission approved Ves nc Tentative Tract N":
>q~sc, m lGea~!,i~ 2, Q ~iOSKh'~3 m7~ ns~ ,.,,~ e:~}[ c~ '/,~C,]s ,mcs3d. T~ e Tract approval generated a park ~m -,
s~~s ~-,o~,~ net' acre5 f~'~, ~=~',~ ~Si~d~:'~:"~ .... - ~u' '~h~-~~hy~'~ O~3 December 4. "qzu0~ the Planning Co~ mnms~on' appro ~,.~,~
',Tesdna Tentative Tract Nc 6226, contiquous io Vesting Tentative Tract 6095. The tract approva
generated a park demand of .36 ne; acres of paa< land for dedication to ~he city In addition, ~he appro,ai
designated a 403 net acre park site tc be located within the boundaries o~ Vesting Ten~ative Tract Nc
6226 Therefore, GranitePoin~eLLCis ~ '- ~
r~qbue~ ta dedicate 338 net acres of park land and has reset/ed
aa ~,~'a ..... .,= ,~, Z for a total 4 03 ne~ acre park site'
..... crc.: of land E. acquisition bb t~-, ~
The acquisition agreement soecifies that. upu: ,,_hse of escrow, a sum o,~ S18850 (S29,000 per acre) be
oa~! to t~ranite Pointe LLO from the south/scut ?,v:~t par,~, 7one t,) p.~rchase the 65 net acres of reser'/e i
arc'. FUndS for this purchase :~re a,,aiJable fit)~n park ir>heu tees collecte~ frown t~acts within
~outi s )uth'.~,est park zone
T'h~; cevelopment agreement specifies !hat a SLU, of S25,~,000 be paid to Granite Pointe LLC from ti~e
outh'so~thv/est o':u-k zane for cevelo? ~en~ of the park site Imp~,~vernents will include amenRies s~..'h as
childs playground multi game court, saad vsiiav b~li courts tw'f an~ trees and barbe;ues sunounded
/ ~ ;n~ar:derint.~
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Consent Calendar
IITEM: 5. 8.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: September 14, 2004 CITY ATTORNEY
crr'¢ MANAGER
SUBJECT:
Approval of Transportation Impact Fee Agreement between Mountain View Bravo, LLC
and City of Bakersfield
BACKGROUND:
Developer, (Mountain View Bravo, LLC) is developing VTTM 11013 which consists
approximately 690 acres commonly referred to as "City in the Hills". As a condition of approval for VTTM
110! 3 developer must construct various transportation facilities, such as roads and traffic signals.
This Agreement provides that the '-' ,'~*~
,.e ,~ ~,r¢--r may, in lieu of payinc_ Regional Transportation
construc~ ~ne imorovements, on the R~:~ ~,*":~- ~," Transportation Facd' ~ u~-~ list and receive a credit.
ADMINISTRATIVE REPORT
MEETING DATE: September22,2004
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Roles, Public Works Director
Septembe- 9, 2004
APPROVED
DEPARTMENT HEAD
U'
CiTY ATTORNEY .~/~-
CITY MANAGER ,(~.~'~
Cooperative Agreement between the City of Bakersfield and Golden Empire Transit District
for the implementation of a citywide Transit Signai Priority (TSP) syslem to improve bus
s'~,'~c,~ and reliability for the public.
RECOMMENDATION: Sta~ recommends approval of the agreement.
BACKGROUND
The City currently has 170 signa's equipped with 3M O?com receivers to allow signal pre-emption
for emergency Fire and Ambulance service vehicles. Signal pre-emption causes the signal to
immediate!y cycle to the direction of the emeroencv vehicle and hold the green light until the
emergency vehicle passes through the interse~ctior{. This equipment also has the capability to
detec! a Iow priority signal which allows the signal green time to come up early or extend the green
light agproximately 10% of the cycle length causing less of an impact on the signal timing.
$o :~e," Empire Transit District (GET) ~as requested Go in~.egrale their Automatic Vehicle Locating
A/L~ system with the City's Opt corn unf'.s. Th[s will ailow for a Transit Signal Priority (TSP)
sys(em :o ~mprove iheir bus service reJiabilily b:, reducing delays since this will increase the buses
ike!ihood of approaching an intersection with a green light. The buses ',,,ill on!y send out a signal
pnomy call when tra,,eiJng behind schedu!e more than five minutes and only at intersections
operating at a level "C" or better to minimize any impact to other traffic flow.
GET expects to receive a gran~ from the Federal Transit Administration plus provide a 20% toca
ma!ch for a tctai of $937,500 to fund additiona! equipmen', to allo,~,' for a City wide program. GET
expects to Lse S79,000 of [he grant to install the necessary Op!Jcom transponder units on their
Suses. Tiqe remaining $858,500 portion of the grant will be used by GET to purchase additional
Opticom un!ts ?d software for the City's remaining signals. This equipment will be used by the
3ity to allow Fire a~d Ambulance service vehicles to do a full pre-emption of the signal and then
~:',ov,' for a !o',v prior ty s!gna] ca!i for GET buses
.... s a ~,~men, is scheduled LO be approved bv the Gc.!,~ ~'~ E, ?, ~ , ,a ...... D,s ,I._t Board of
ADMINISTRATIVE REPORT
MEETING DATE: September 22. 2004
AGENDA SECTION: Consent Calendar
ITEM: '5.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and eib/Coundl
Raul M. Rojas, Public Works Direclor
September 7, 2004
APPROVED
DEPARTMENT HEAD ~(~ //
A 'ORN ..
CITY MANAGER
Construction of Water Recharge Basins adjacent to the WestsJde Parkway (Ward 4).
i. Agreement with Castle and Cooke California, Inc. ($444,500.00) to construct
recharge bas)ns and associated water conveyance system.
2 Appropriate $450,000 Transpo~ation Development Fund Bamance to the
improvement Program.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: The Westside Parkwaz wiJl cross the Rosedale Rio-Bravo Water Storage Distrct
{RRBWSD) property west of Allen Road. MitiGation for this crossing has been agreed to by the RRBWSD
and includes the construction of recharge basins east of Allen Road along the south side of the Wests~de
Parkway. Ci[y staff approached the presen[ owner of this prooosed basin area east of Alien Road, who
also curre~tiy deve~opin9 residential areas adjacent ~o this b~sin area, to inquire about incorporatin~
9rad[n9 acd construction of the bas~s into the 9radm9 a~d comst?.~ctJo~ of th9 adj3cent residential
Staff believed costs could be saved by combim~9 the basin construction w~th the adjacen[ deveio~mem
due to no mobilization costs, no excavation expo~ costs, and the economy of s~le that wourd
c~ie',ed ~.~so doing the work now will reduce construction nuisance from dust and noise to future
residents of the area than if [he worX were dore la~er Tnede,e~operprovided anestimate for this
an,s Citb' sta~ believes this ~o be a lower cost then could be oetained by separately constructing the
~asins. Therefo,e, staff recommends aoproval of tne agreemem and the appropriation.
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004 AGENDA SECTION: Consent Calendar
ITEM: ~. V.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Tandy, City Manager
September 10, 2004
.~PROVED
DEPARTMENT HEAD
CITY ATTORNEYk./v/~-'~'-
CITY MANAGER
Agreement with SBC to provide Wi-Fi wireless internet service to Centennial Garden ar'd
Convention Center (.~,,4a.¢c(
RECOMMENDATION:
Staff recommends approval of the AgreemenL
BACKGROUND:
SMG has been working with the City IT department to install Wireless Internet service (WI-FI) for patrcr, s
and c!ients of Centennial Garden and Convention Center. Providing Wi-Fi service witl be a new revenue
stream for both buildings. During the planning phase of this project, SMG was approached by SBC W:.-Fi
who expressed interest in installing and administrating the Wi-Fi system. Attached is the agreeme~:
between the City StM, G and SBC Wi-Fi. It includes a revenue sharing mode! and a commitment by SBT
Wi-Fi to purchase adve~ising at Centennial Garden and Convention Center
9,!3,2,304 336 PM
ADMINISTRATIVE REPORT
' n
MEETING DATE: Septemoer 22, 2.04
AGENDA SECTION: Consent Calendar
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
September t3, 2004
APPROVED
DEPARTMENT HEAD P/'~'~
ATTORNEY
CITY MANAGER
Agreement between Nossaman, Guthner, Knox & Elliott, LLP, and the City of Bakersfield to
provide legal services in the Buena Vista Lake Shrew: Proposed CriticaT Habitat
Designation in an amount not to exceed $60,000,
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
The Federal Government is proposing listing the entire 2800 acre C y Recnarge Facility as critical habiet
for the Buena Vista Lake Shrew. This listing will have a serious and detrimental impact on our ability to
use tee 2800 recharge facility for its purpose of groundwater recharge.
As this listing has already been published in the Federal Register, we have unN October 18, 2004 to
the t:rm et Nossamen, '" ~¢
.... a, naetat ~,cr ~,,~ Buena Vista Lake
ADMINISTRATIVE REPORT
MEETING DATE September 22, 2004 AGENDA SECTION: Consent
ITEM: 5. X,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and Cit7 Council
Carroll Hayden, Human Resources Manager
September 9~ 2004
2005 HEALTH CARE CONTRACTS
APPROVED
DEPARTMENT HEAD q'~/L~
CITY ATTORNEY / ¢.~ // ~
CITY MANAGER ~
2
3
4
Amendment No. 12 to Agreement No. 93-267 with Brue Cross ef California for
indemnity Health and Dental Services.
Amendment No 11 to Agreement No. 93-266 with Su_' a Cross/California Care
Health Plans for Medical Services.
Amendment No. 8 to Agreement No. 96-148 with B!ue Cross of California for the
Medicare Risk plan Senior Secure.
· ~m~n,.m~,,t'* ~ .4 =-, No. -,, to Agreement No. 9,,-3z0~ ~ wfth Ks;sen "'=.,- ~=~
v a,,~,,te Health
Plans for Medica; Services.
Amendment No. 7 to Agreement No. 9%321 with Kaiser Per,manente Health
Plans for Medica! Sen¢ices for retirees.
Amendment Nc 13 to ,agreement No. 9!-280 with Dedicated Den~a! Sys[er?s
-~¢'"~'"":** ,'I0 ~) to Acreement No. 92-278 with Mad ::al --= Sec¥'ices .....
Secur!ty Life lns'.:ran se Company for Visfon Sen, ices
Amendment No. z to Agreement No 00262 with PacificU,,~,-"~, Dental ¢,---
~a~d Dental Sec¥'ices
Amendment No. 4 (o Agreement 00-263 ,,,2thm~.,...=,~'-~,"*~~..nasa?-. ,,_,.- ,'-' H .¢ .. , .. ,-" * ~" or'
Ca iforn~a for Managed Mental Health Care
Sa;ifemia ,Con E, ~.:.,? ....~s.sta,,ce Services
ADMINISTRATIVE REPORT
RECOMMENDATION:
The Personnel Committee recommends approval of the amendments.
BACKGROUND:
The City's contracts for health insurance are up for renewal for 2005. Our health care
consultants, Mellon Human Resources Consultants, have worked diligently with the various
vendors in an effort to arrive at the most favorable renewal rates for 2005. These renewal rates
also reflect an increase in premium payment reserves in the active employee Blue Cross PPO
plan as well as very favorable experience in the retiree Blue Cross PPO plan.
The Insurance Committee, a mee[ and confer commitlee, has reviewed these premium
revisions and also recommends approval.
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
August 30, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Amendment No, 6 to Agreement No, 98-222 with HTE, Inc, for Service Support of Licensed
Software in the amount of $151,774.36.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
HTE developed many of the software programs whicr' the City runs on the AS1400 computer. Such
c)rograms include: Purchasing/Inventory: Payroli/Personnel; Accounts Receivable; Accounts Payable;
Business Licenses; Udlity Billing; Work Orders; Fire Records ,Uanacement; Buiiding Permits; Planning &
Zoning: Park Reservations, etc. This amendment ,,vill ensure that H'TE ,:cntinues to update so~,,~are an.:
DrC,'!de sewice for any problems encountered wi!h these ¢rogra ~r:S.
The agreement calls for a one-time payment of $!5!,774.36 .,,hich ,Mil ensure support throuc"'
~ ~,200~ The amount of $151,774.36 is a $1,76007 reduc~cn from ' - ~'
tnu ~,3-u4 fiscal year amounL HTE
has made some rate adjustments for their so~ware ,'~hich resuJted in the Cily receMng a small reduction
odr ra~e for sof,'bvare maintenance for [his ,.,,ear.
ADMINISTRATIVE REPORT
I MEETING September 22, 2004 AGENDA SECTION: Consent Calendar
DATE:
ITEM:
TO: HonorabIe Mayor and City Council APPROVED
FROM: Rau] Rojas, Public Works Director DEPARTMENT HEAD
{/
DATE: September g, 2004 CITY ATTORNE .Y ,~-~ ~'~
CITY MANAGER
SUBJECT:
Amendment No 2. to Agreemen! No 02-255 with Niemeyer & Associates to extend term
and increase compensation by $16,000 (for a total contract amount of $89,400) for
AMTRAK track inspection sen'ices 0Nard A,).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City and Niemeyer & Associates entered into Agreement No. 02-255 cn
Sepiember 4, 2002 for track inspection at [he Bakersfield AMTRAK Station for a not to exceed amount c"
$68,400. The contract was first amended on December 11, 2002 to add an Expanded Safety Program
and an additional $5,000 to cover the cos! of that Program.
This agreement expired effect ve September 4, 2004. r In, order to give the City sufficient time to prep%a
AFP&Q with prospective consultanls for a new ,.ont, ac,, staff recommends approval of this amend,,,en:
which ,,,,rill extend the term to January, 3!, 2005 and adds $16,000 in compensation for a
amount not to exceed $89,400.
...... .,o, ,,,,;,~,, ,ne A,mLa,.,, Operating bund, are -,,-da-,~d to cover this amendment The
Cc..3ratng F....~ r,~ .... ~ s P.~o:'c Funds administered h,,, the F:=~,; L, ounc~
ADMINISTRATIVE REPORT
MEETING DATE: Seplember 22, 2004 AGENDA SECTION: Consent Calendar
ITEM: 3. 0..O...
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M, Rojas, Public Works Director
September 9, 2004
APPROVED
CITY ATTORNEY ~/~-
CITY MANAGER ~
Amendment No, 1 to Agreement No, 98-51 to add six tie-down spaces to the premises
leased by Kern Charter Service and Flight School at the Bakersfield Municipal Airport and
to increase the total lease amount by $120 per month and amend insurance requirements,
{Ward 1 ).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: On March 11, 1998 souncil approved Agreement No, 98-51 with Kern Charter
Service to lease a portion of the Municipal Airport, located at 410 E Planz Road, including 1800 square
feet of office space; t3,300 square feet of hangar space, (some of ,,*,hich has been converted tc
conference room); storage space and 13 tie-down spaces due east of the premises.
This Amendment to the orig hal Agreemen~ wll add six tie-down spaces noah of and adjacent to the
',eased premises at one-haft th: current tie-do?,n - ,¢. ,, ' ,
,- ,a,c of $40 per moron. Tn.,s the additional tie-downs
shall be charged at a rate o:'523 per s;;ace, Far monm, iora r, otai ~ncrease o~,$120 per month.
~aee-:c t eAmendme- :sl~}r;!asa,sc u,r rated,'*-=::-.., :; ...~,cla:;seccrqalnel,,vqhntneA,~rear::e;::
Sepia bar 0,2C?.4 9:45A,',1
MEETING DATE: September 22, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: 5. ~o.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
September 14, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNE~/'~'
CITY MANAGER
SUBJECT:
Amendment No. 2 to Agreement No. 02-258 with Granite Construction Company, for
Annual Contract - Street Materials, to extend agreement time period for three (3) weeks
with no increase in compensation.
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: The annual contract with Granite Construction Company for street materials is
schedu!ed to expire September 17, 2004. New bids have been received and are being evaluated. S~aCf
requests the current contract with Granite Construction Company be extended for three {3) weeks to a!Icv,
time to process a new contract. No additional funds are needed.
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Consent Calendar
ITEM: 6.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
September 13, 2004
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
ClTY MANAGER
Amendment No. 1 to Agreement No. 04-023 between Marderosian, Runyon, Cercone,
Lehman & Armo, and the City of Bakersfield to provide additional services, not to exceed
$175,000.
RECOMMENDATION:
Staff recommends approval of the Amendment to the Agreement.
BACKGROUND:
On January 28, 2004, City retained the firm of Marderosian, Runyon, Cercone, Lehman & Armo to handle
25 Federal cases filed against the City of Bakersfield in Fresno compensation was not to exceed
$150,000. Since retaining the firm the City has experienced excellent results. However, due to additional
cases being filed beyond the original estimate, the City needs to increase the number of cases the
Marderosian firm will handle to 30 and increase the compensation by $25,000 not to exceed $175,000.
-This will not require the appropriation of an,./mo,*ies There are Sl. fficient funds withn the City
Office tega! budget to cover this additional amount of compensation
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004 AGENDA SECTION: Consent Calendar
ITEM: 6. d.d.,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: September 2, 2004 CITY ATi'ORNEY
CITY MANAGER
SUBJECT:
Rescind Agreement No. 03-370 with George Sturges, Jr. for lease of the "Shade Hangar"
O/Vard 1 ).
RECOMMENDATION: Staff recommends rescinding ~he Agreement.
BACKGROUND: An agreement with George Sturges, Jr. for the lease of the "Shade Hangar' was
entered in[o on December 10, 2003. Mr. Sturges' plan was to com,'ert the "Shade Hangar" into arq
enclosed hangar for the purpose of storing aircraft. As stated in the altached letter, he has found the
project to be cost prohibitive.
Rescinding the agreement will allow the fc,;r spaces d~,g,,a,e~ under the shade hangar to be leased
the City to other aircraft owners,
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004
AGENDA SECTION: Consent Calendar
ITEM: 5, t.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregow J. Klimko, Finance Director
September 10. 2004
APPROVED
DEPARTMENT HEAD ///%/
CITY ATTORNE/
CITY MANAGER
SUBJECT:
Accept bid to award annual contract to Safeway Sign Company, not to exceed the
budgeted amount of $55,000 00, for traffic signs.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract,
BACKGROUND: This contract wilt be used by General Services, a division of' the Public Works
Department, which maintains Iraffic signs within the City Invitations to bid were sent to twenty (20i
vendors, Six (6) bids were received Departments estimate quantities and types of supplies that may ~e
required for the contract year The unit prices of the six (6) bidders were compared to determine the Iow
bidder and the lowest prices were offered by Safeway Sign Company. Please refer to the attached bid
recao
ADMINISTRATIVE REPORT
MEETING DATE: Septem~a' 22, 2004
ITEM: ~. 0-. 1.
AGENDA SECTION: Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Counol
William R. Rector. Chief el Police
September 10. 2004
APPROVED.
DEPARTMENT HEAD._ ~.._
CITY ATTO RN EYk~z~"~-
CITY MANAGER (~/_Y~
Bureau of Justice Assistance (B.JA) Local La,,v Enforcement Block Grant (L.L.E.B.G.} funds
in the amount of S62.912.00.
1 :s ~,~-. :-. H '}ar[nc !5 '~,m~,,-~,:'~, ~,.,., I~.L.._ B,G.' c prcpoged expenditures.
a., ..... ....S62912.00 , ~u~, .... a, Grant and S6,990.00 Asset Fodei~ure monies
roi ? .~:: ~ al FundPolce, ~, ,~+ :n ~ *: ~
D~a m_,, Op~ra~n~Budget.
RECOMMENDATION:
Staff recommends -~,
appi ~va[.~'~ me orccosed e'<c~- ;t. res ?c! accroonat'ons
BACKGROUND:
. .s~o, =~u,, re Bakersfied Poiirp fha~,a ~=~' ' ' ' ' ,~-*~ a Loca'.~ a,,
~-~ ~a~ a,,~ J ~-'-~
, -~ ~.,,~ Enforcemen~ Block ~
~ ..... ~ ~,~, .... : : ...... '" .SR.;2 i' . -~ ' ...... sc:sa * ~ "~
50o~c~' :-,' ~: ' ': ...... .~ p~r2 ,I
D5
ADMINISTRATIVE REPORT
Prior to expending funds from the BJA Grant, the Police Department must comply with a number of grant
conditions including the requirement that at least one public hearing be held on the proposed use of the
Local Law Enforcement Block Grant funds in relation to the department's overall budget. At the hearing,
persons shall be given the opportunity to provide written and oral views to the Council about the entire
budget and the relation of the grant to the entire budget. The special condition states that the public
hearing shall be held at a time and place that allows and encourages public attendance and participation.
ADMINISTRATIVE REPORT
MEETING DATE: Seotember 22. 2004 AGENDA SECTION: Consent Calendar HEARINGS
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
William R Rector. Chief of Police
c:,---=~r, In 2'~04
/APPROVED
DEPARTMENT HEAD //~" Z
CITY ATTORNEY ~
OI MANAGER
Suppfemen a Law Enforcement Services Funding (S.LE.S.F.) in the amount of
S:t I 0.673.00:
P.~b! c Hearing to cons.der S.L.E.S.F. proposed exoenditures per Government Code
..... - (La,,,, c,-~--,:~ ,
~u/.,o! .... . .~:,,,~m Serv:.ces).
%:prupr,a e S335,673.00 State Grant to the Police Department Operating and
Capitol Budgets: Transfer and appropriate S130.000.00 to the Equipment
Management Fund Operating Budget.
RECOMMENDATION:
BACKGROUND
' ' i" ' .~ ~d S_~oolemental Law Enfor;ement Serv~,~es Funding.
,~C-~,,, ~,,,~ ,ul~ USe<] ~or
I Bui~dirgSecu. dt...UoqradesforDov/nto,,vnand ,,~o~.~ B,.,d g,. 3120,000.00
~, ~,~ - 66.200.00
ADMINISTRATIVE REPORT
MEETING DATE: September 22 2004 AGENDA SECTION: Hearings
ITEM: ~. b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
eptemoer 8, zu,...-,
APPROyED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
General Plan Amendment No. 04-0909 Circulation Element Amendment (Ward 4)
The City of Bakersfield Public Works Depadmenl has requested a General Plan Amendme:';
du,e,e Rider Street as an arterial between Johnson Road and Stockdale Highway and adect
~,,~,nu ~, an line for access ramps for the West Beltv,,ay and Westside Parkvvay Interchange.
Resalut on approving the Negative Declaration and adopting the General Plan Amendment dele!iht
Rider Street between Johnson Road and Stockdale Highway and adopting a specific clan line
access ramps for the West Beltway and West Parkway Interchange.
RECOMMENDATION:
5tatT recommends adopLon ~,, .nc resolution approving the Negative Declaration and General
A. mendmen~ and adoption of the ~'-':~;- * *.- "~
BACKGROUND:
Fnis proposa~ ~nci.;des an adoption of a specif c p!an ine to allow the City of Bakersfiei.: ;o rese:.-
property fo* toe ultimate !mp!ementation of the West Be!tway and Wes~side Parkway [n!erchange
The proposed pro eot ndudes appr0x n;a:e~.,r 44 a:?es of additional right-of-way to acccmmc.':a:~.
;','ne fut,,re hnterchange T',e a z-~eztded specific pia~ ine will permit the City to more accura;~;
define the interchange curing the land development process for development now underway c-
anticipated.
The u~,.:~n cf RideF Sveet from Jonnsonmeac~-'- ' to Stockda!e Highway. is necessar,, ?nco the
I MEETING DATE: August 18, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Hearings
ITEM: Lc,~.
TO:
FROM
DATE:
SUBJECT:
Honorable Mayor and Cily Council
Rau! M. Rojas, Public Works Director
September 10 2004
APPROVED
DEPARTMENT HEAD ~(~/~ ?~/(_.
CiTY ATTORNE /%5 ;
CITY MANAGER ~f~/~-~_
Resoiution ordering the vacation of the south 126 feet of the 30 fool: wide ar!ay between
Oak Street and Oiive Street extending from Palm Street to Dracena Street, (Ward 2)
RECOMMENDATION: Staff recommends adcp!ion of Resolution.
BACKGROUND: The Safe-1 Credit Union is planning to expand their buitding and facilities at the
northeast corner of Palm and Oak Streets. The Credit Union owns property on both sides o¢ the public
a',ley at 400 Oak Street. They are requesting vacation of the south 126 feet of the alley as part of the;r
building expansion and site development plan,
Tn;s reques~ is a re,,rs~on of a prior appiication Dy Safe-1 for vacation of the entire rength of the alley (from
Pahr~ S:eetto Dracena Street The prier request ,,Fas denied by Public Works because the proposal did
:tc(pro¢ideadequateaccessforCi~yrefuseco!lection The revised ce/elopmentpian Drovidesadequate
-!ccess for munioipsJ sep¥!ces
/~,,~ Resources Development Ser,,ices, and
~a.:. :nen[5 na,e ceea ~-,.)ki¢,~u asa none have objec(ed to the p-cposed vacation
...... ' a ~ L' ~I' crs'¢~qes for a 25 foot wide (rain) public access lane c,=~nn,~,~ .... ,
,~,-~ :-* .... :, ,n~,~,-~ ~uaQ,.¢standardcommercia aile'
ADMINISTRATIVE REPORT
City Council at the regular meeting of May 26, 2004.
Notice of this public hearing has been duly advertised and posted as required by law.
At the June 23, 2004 City Council bleeting, the motion to vacate the south 126 feet of said alley was
ordered to be re-noticed by motion of Council member Benham due to an unanticipated protest from a
resident. Since this development, the Public Works staff held a meeting on July 01, 2004 with al!
concerned parties to resolve all areas of concern. This meeting included Public Works staff, the adjoining
neighbors and Arin Resnicke the project architect. Doug Kileen and Lorraine Townsend represented Safe
1 Credit Union. As a result of this meeting, the site plan was modified, changing the location of the
entrance to the proposed drive thru teller stations. Originally the entrance was from Olive Street. The
entrance location was revised and is now located on Palm Street. This revised location should not cause
an appreciable increase in traffic along Olive Street. All parties present at the meeting agreed this was an
acceptable sotution Public Works comments 4a. and 4b. to remain.
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004 AGENDA SECTION: Hearing
ITEM: ~.., CL.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 10, 2004
APPROVED
DEPARTMENT H EA D//~¢Z/./?~_
CITY ATTORNEY~ r~2)~,4-/
CITY MANAGER ~
Resolution ordering the vacation of Pacheco Road between Buena Vista Road and Old
River Road. (Ward 5)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Faip,vay Oaks South, L.P. and Lennar Bakersfield, Inc_ the Developers of Tract No.
6079 and Tract No. 6t56 have requested the vacating of a portion of Pacheco Road in compliance with
the conditions of their approved Tentative Maps for the tracts. The approved Tentative Maps show that
Pacheco Road shall be vacated from Buena Vista Road [o Old River Road.
Pacheco Road behveen Buena Vista Road and Old River Road is not desicnated as an A~erial or
-J[ ....... d~r u ~ ,~4rcu~at on Element of the Metropolitan BaKe, sf,eld General P~an.
,e ,~ ./ F~re, Po!ice, Public Works Water Resources, Deve!opment Services, and Economic
Development Deoadments have been +¢' ·
. no .,~ed and none have objected to the proposed vacahon. Public
Works notes tha~ no City sewer or storm drain faci!iIies are in the vacating area.
........ ~nu area i~a,e oeen notified e? mai and the utility comean~es have indicated
the/ ~'-', ,~ fa,-: jti~S in the ..... . ' -
.......... '¢¢.du g area fha(,~i.. need to ce.crotec:ed by. reser./at~on ct an easemen(
z,l,'~rcperV owners , th" a radius of 300 reel of the vacating area have been mailed a preliminary
cr the proposed closing and none have indicated any obiections as of the date of this repcfi
The proposed vacat~on ,,,,as heard bvthe Plancinc Commissbn a(its ~¢.*:nm o~P1-,'25 ~"' ~
nave a sic. nfficant ert~c~ .qn the
ADMINISTRATIVE REPORT
I MEETING DATE: September 22, 2004
AGENDA SECTION
.ITEM: 4.6.
Hearings
TO:
FROM
DATE
SUBJECT:
Honorable l~Aayor and City Council
Developmer'! Se~ices - Planning
September 13, 20,04
APPROVED
D EP AR TMENT H EAD///~,~'
CITY
C,TY MA,',AGER
Bakersfield City Sanitary Landfill Final Closure - This project is the final closure of the City's
sanitary landfill Iccated north of Panorama Drive. South of Alfred Harrell Highway. ,,,,'est of
,- ,4 (Ward No 3)
?au,ax Road and east of Wenatchee Avenue/County Road 219.
v~olutlon adopting the Mitigated Negaiive Declaration and approving the final closure
;he Bakersf e d City Sanitary Landfill.
RECOMMENDATION:
Staff recommends adopting resolution and aporoving hne' Bakersfield Cit'z b¢r,l~ary' Landfill ,~*~.
,.~c.s :re ~a,~d i'~ga. ,_ Declaration
BACKGROUND:
oro~ect is the fha! c~csL;re v~ ~: ,~ ~ ~
be?an~ rece;, :g ~' ~= ~'~ ~9i -,~ '~ ~nd ~,~.~'- ~ '~-~.~ rece'.:tS ref;J~e_ ,.;~ 19~3 Th~'e
Chi,re [~CIIILV will De monitored and maintained These ;ia:';s are ~no'/,n
~- P ,-~ ....... - ~r* ~-q..;St q'- ;- Such p,a~qs ~',e ,'-¢=
Bakersf eld City Sanitary Landfill facility.
.......... / ..... 2.,~ r.,, the Cods
J]~',e. nlnen[ and are ~-,~ *'*~'nIv kno',,,n as b,,...,,~'~ D ,.'=~ ~, ,..,,b' Caiiforni~ s s:)q! ,?,¢~t~-
-~ ' :- ~-=~ ' ,,~s~e ~..Tanaqbmen[ Boar.! ~n~ tine Stae'
s:.~: ,~/ ac ,~,~, o', the Calif,orn!a Integrated '.~ ' . -
ADMINISTRATIVE REPORT Page2
Closure procedures include installation of the final soil cover over the entire landfill site, pos!-
closure monitoring and maintenance activities, and importing soil from an off-site source. The
purpose of the soil cover is to prevent water from percolating into the buried waste, estab!ish
slopes that allow for the orderly conveyance and discharge of storm water runoff, and allow for the
establishment of a permanent vegetative cover of native plants. Monitoring and maintenance
activities include security of the entire landfill site, landfill gas migration monitoring and
maintenance, storm water monitoring, final cover maintenance plan, vegetation maintenance
settlement (subsidence) monitoring and maintenance, access road maintenance, drainage control
system inspection and maintenance, and site security inspection and maintenance. Soil needed to
cover the landfi!l site will be from an on-site borrow pit located near the eastern boundary of the
landfill site and from an off-site source located approximately 500 feet north of the Fairfax Road-
Paladino Drive intersection.
RED
Admint9-22-slc
ADMINISTRATIVE REPORT
MEETING DATE: September 22 2004
TO:
FROM:
DATE:
AGENDA SECTION: Closed Session
TEM: ri,
Honorable Mayor and City Council A,~/
Carroll Hayden Human Resources Managerk}" DEPARTMENT HEAD
September !3, 2004
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator
RECOMMENDATION:
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: September 22, 2004 AGENDA SECTION: Closed Session
ITEM: '"[, b,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
APPROVED
September 13, 2004 CITY ATTORNEY .~/~
CITY MANAGER ~'~,
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
City of Bakersfield v. City of Shafter
Kern County Superior Court Case No. S-1500-CV 253303 NFT
RECOMMENDATION:
BACKGROUND:
ADMINISTRATIVE REPORT
AGENDA SECTION: Hearings
MEETING DATE: September 22, 2004
ITEM NO:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Services - Planning
August 30, 2004
DEPARTMENT HI, AD ~ ,
CITY ATTORNEY~ ~/~''
An appeal by Terry Ralston representing Brian and Carrie Riel of the Board of Zoning
Adjustment's approval of a conditional use permit (File No. 04-0706) to allow the
construction of two drive-thru restaurants (3049 and 810 sq. ft.) within an existing
shopping center in a C-1 (Neighborhood Commercial) zone district at 9640 and 9650
Hageman Road. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of Ihe resoiution upno!d'ng the decision o~the Board of Zoning
Adjustmen! and denying the appeai.
BACKGROUND:
The applicant requested a condit!onal use permi~ to allow two ne,v restaurants to each have drive-
~,:ru ;ar'~es. These restaura,n',s are proposed at Ihe northeast corner of Hageman Road and
Cailc,,,ay Drive in the existing Ralph's shopping center. The pad si[e is currently undeveloped.
The BZA previously approved a fast-food drive-thru (CUP P01-1037) and later a drive-thru
cam, ash (CUP 02-0311) for a proposed mini-market/gas station on this site in 2002. Neither
?oject was built and the conditional use permits expired.
A 'Ta;o Be; encompassing 3,049 sq. ft. is proposed closest to ~he intersection, while the northern
buildi"g ,,,,ii contain ar; 810 sq. ft. Starbucks coffee house witi: approximately 30 patio seats1 The
d:ive-taru lane for Taco Belt ,,,/ill be along the south side of the building adjacent to Hageman
Road. Starbucks' drive-thru lane will run a!ong the north side of their building within the interior of
the si:opp~ng cen~er. During the Board's hearing residents expressed concern regarding noise
?.cra :he speaker box. hours of operation, and lighting for Taco Be!i There were no concerns
s;}eci! ~a:;y mentioned regarding the Starbuc¢,~ L,,.;ild[ng or their drive-thru lane.
T-.e SZA's approval conditioned all speakers ~o face north into the shopping center and Ihat the
deve c, pe construcl a landscaped be~m 5 feet in height witP a retaining wall along the entire length
of '.he dive-thru lane fo~ Taco Bell Ironting Hageman Road (please refer to attached the diagram
from tr'e BZA's resolution). Hours o! operation were staled in Ihe prcject description by the
ADMINISTRATIVE REPORT
page 2
applicant to be from 6 am to 12 am (midnight) daily for both restaurants, and those hours were
reaffirmed in the conditions of approval. Lighting issues were already addressed under the site
plan conditions to control backlight and glare with the use of shields/baffles as necessary.
The appellants state that the final conditions approved by the BZA concerning the berm were
unclear, especially its design and location. Adding to that confusion was the fact that overhead
displays were unavailable because of technical problems with the computer making it difficult for
the public to follow the Board's discussion. Staff handed out examples of a berm design to the
Board members during the meeting to help them visualize it and draft their condition. The final
drawing reflecting their action was available to the public the following day. However, no one
contacted staff about the conditions or to obtain copies of the final berm design which could have
addressed the appellants' questions.
The berm idea came from a similar project that both the BZA and City Council revie,,',ed in 1999
along Coffee Road for a proposed fast-food restaurant drive-thru lane (Albertson's center at the
northwest corner of Coffee Road and Olive Drive). They conditioned installation of a 6-foot high
wail to mitigate noise for that project since the only separation from homes across Coffee Road
was an existing wood fence (note: this project was never built and instead the site currently
contains a bank). Staff also noted during the hearing that an 8-foot wall exists in the MarketPlace
for the Carl's Jr. drive-thru lane along Ming Avenue for noise control.
The Board wished to avoid the starkness and graffiti potential of a wall along Hageman Road by
softening the visual impact with a landscaped berm high enough to block noise. The only wall
would be facing towards the drive-thru lane to relain the berm. Additionally, because a larger
building setback is required along Hageman Road by the Riverlakes Specific Plan (25 feet vs. 10
ieet under the zoning ordinance), that Hageman is a 110-foot right-of-way, and that a 6-7 foot hiqr~
block walt exists along the south side of Hageman. noise would be adequately mitigated from th~
activities in the drive-thru lane. These conditions were not required for the previous projects
approved in 2002 menlioned earlier in this repo~, The BZA's conditions address the concerns o~
!he a??e~ ar'~s and ,,'/ere agreed to by the deveiope,': ~ere~ore, staff recommends denial cf the
appea.
MEETING DATE: September 22, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: HEARING
ITEM: i5. ~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 9, 2004
APPROVED
,;t )
DEPARTMENT HEAD
CITY ATTO RNEY<._.~
CITY MANAGER
Public hearing and resolution to revise the Countywide Siting Element of the Kern County
and incorporated Cities Integrated Waste Management Plan.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The Countywide Siting Element (CSE) of the Kern County and Incorporated Cities
Integrated Waste Management Plan is a document that determines the location of disposal facilities in
unincorporated Kern County. It was originally adopted by the Kern County Board of Supervisors (BOS) on
Apri! 23, 1996. On June 15, 2004 the BOS approved revisions to the Kern County General Plan, with
respect to siting criteria for waste disposal and transformation (i.e.-incineration) facilities. The revisions
were mainly to increase the amount of buffer property around waste facilities. In order to maintain
c:ns;s~ency with the Kern County General Plan, it is necessary to revise the CSE. State law requires that
revisions to the CSE be approved by a majority of the cities containing a majority of the population.
The proposed CSE revisions were presented to and approved by the Local Task Force on May 27, 2004.
' ,~ SDS began a 3C-day public review per:,od on August 3, 200.~- and held a public hearing on Septemcer
7. 2L',_-i4 at whici; co changes were requested. The re.,~sions do not affect the City of Bakersfield's
rec,,cl -'g ar'd v,~ste hand'ing facli(es. Staff therefore recommends adoption of the resolution.
MEETING DATE: Seplember22, 2004
ADMINISTRATIVE REPORT
AGENDA SECTION: Deferred Business
I ITEM: lq.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Development Sen/ces - Planning
September 10, 2004
/~/OViD
DEPARTMENT HEAD/~ .,~
CITY ATTORNEY ~/~/,,/,/~-'~
CITY MANAGER~ '~'~
Resolution upholding the decision of the Planning Commission, denying the appeal.
adopting the Negative Declaration and approving Vesting Tentative Tract lVlap 6318
generally located south of Chase Avenue and eas~, of Kern Canyon Road (State Route 184':
(Appellant: Sierra Club/Engineer: Cornerstone Engineering / Subdivider: Arnold & Vicki
Young) (Ward 3)
RECOMMENDATION:
Staff recommends upholding the Plan," ~ r'~m-~; - - :~ ' ~, ,
~ .... s~.on ~ duc s,,~n ~o approve and adopt the
negative deciaraticn, and Vesting Ten{a~i., e -~],a..~' Mapc~,~'~'
BACKGROUND:
of the aos! cent's erooosa! to nave
air quB itv impacts
Although the projecl ~ai!s below the threshold for requanng an a~r quai ',? Impac~ study established
by the San Joaquin Valley Air Quail?/Conirol District, for s~ngle family, resideniiai units (152 units,,
an air quality impact stL:dy prepared by W Z.I.. Inc. (dated September 2004). indicates that the
impacts o~ this project fail significantly be;.ow al! ar qua!it?' s!andards
C,n July 1. 2004 the Planning --'~*'*;
.... s~
zcnedR-! ~OneFam~bn.,~e'n, ~,,.~, ~,_~ , ~ ---~ ......... . '
....... ..~cls , ~ooa~ed soctlno~O~ase
~,~er, u_ and east of Kern Cari,,cc.
TheS;erraCiubflledanappea!cbjsctin~;tothe?:an ng Commiss:}nsappro,a o(~nezone
cinange and Negative Declaraton (~,:]C~?'Oi.i~-C A:tac,'¥~-~n ~I), reqses!Jsg ~: En,,.;ronmen[a
impec: Res,ct'. (EJR) be pfc:car ~ Tie LL e,'a C,_._ s apcea letter (~ac', ?~'ur,s ?qtashment f:2
ADMINISTRATIVE REPORT
Page 2
adequately addressed. The Sierra Club is of the opinion that the General Plan Update EIR contains
little specific information on cumulative impacts. The Sierra Club is requesting a full EIR containing
further biological studies and a traffic study to analyze these impacts.
During the Planning Commission's June 3, 2004 public hearing, the Sierra Club presented a letter
addressing several issues including those which are contained in their appeal letter to the City
council The project was continued to the July 1, 2004 Planning Commission meeting to allow the
developer and staff to address neighborhood concerns regarding traffic circulation. Prior to bringing
the project back before the Planning Commission for the July 1, 2004 Planning Commission
meeting, these traffic circulation issues were resolved to the satisfaction of the residents of the
adjoining neighborhood.
For the June 3, 2004 public ear ng, The C ty s Traffic Engineer provided responses to the Sierra
Club's concerns. The traffic engineer's written response was made part of the record for
consideration of the lann ng Commission s recommended approval of the Negative Declaration for
this project. R..~,~ s..s tc '~'~ ' ~, ' ...... ,
=~""'~ ~ S~erra C,~: :oncems ~, =~.¢. ed Dy the City's Traffic Engineer are
included as Bac,t9round A~tachmen[ ~3.
The Sierra Club contends the protocol used to determine the presence of Blunt-nosed Leopard
Lizard (BNLL) by the biological consultant was not the correct protocol. The protocol referred to by
the Sierra Club is a draft protocol and not mandatory procedure. It is only a suggestion. The
protocol used by Paul Preutt, biological consultant, is also an acceptable protocol, and has been
used in previous studies to determine whether BNLL is on a property or if the project site is habitat
for BNLL. The study indicates that the protocol used was in accordance with the State Department
of Fish and Game guidelines. The State Department of Fish and Game has reviewed studies
prepared using the protocol employed by Paul Preutt and has found these studies to be both
appropriate and adequate. Staff is confident that the consultant properly and adequately evaluated
the property, arriving at the conclusion that no BNLL were sighted on the property, and that the
property is not suitable habitat.
Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and
2cor,: :'ated into the Negative Declaration (Background Attachment ;¢1) recommended for approval
for this project. Staff recommends upholding the Planning Commission's decision to adopt the
negative declaration, conditionall;/approve the tentative tract map and deny the appeal.
MINUTES OF THE BAKERSFIELD
CiTY COUNCIL MEETING
SEPTEMBER 8, 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
1. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Salvaggio
Absent: Sullivan
2. CLOSED SESSION
Conference with Legal Counsel - Pending Litigation; Closed
Session pursuant to subdivision (b)(1)(A) of Government
Code Section 54956.9. Two (2) cases.
Conference with Legal Counsel - Pending Litigation; Closed
Session pursuant to subdivision (b)(1)(C) of Government
Code Section 54956.9 regarding claim submitted by SBC
Communications, Inc.
Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9 (4 cases):
Bakersfield Firemen's Labor Organization v. City of
Bakersfield
2. Jacobson v. City of Bakersfield, et al
North Kern Water Storage District, et al v. Kern Delta
Water Storage District, et al
4. Willis v. City of Bakersfield, et al
Closed Session pursuant to Government Code 54957.6;
Conference with Labor Negotiator.
Bakersfield, California September 8, 2004 - Page 2
Councilmember Benham requested the Council hear a public
statement at this point in time.
Linda Fidler invited the Council and community to a "House
Party" on September 22"d to discuss "No Child Left Behind"
issues.
Motion by Vice-Mayor Couch to recess to Closed Session at 5:18
p.m.
Motion by Vice-Mayor Couch to recess from Closed Session at
6:58 p.m.
RECONVENED MEETING - 7:00 p.m.
3. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Couch, Councilmembers
Carson, Benham, Maggard, Hanson, Sullivan,
Salvaggio
Absent: Sullivan
4. INVOCATION by Pastor James Tyler, Bethany Lutheran Church.
PLEDGE OF ALLEGIANCE by Matthew Lewis, 3"~ Grade Student at
Highland Elementary School.
6. CLOSED SESSION ACTION
ACTION TAKEN
APPROVED
AB SULLIVAN
APPROVED
AB SULLIVAN
Conference with Legal Counsel - Pending Litigation; Closed NO
Session pursuant to subdivision (b)(1)(A) of Government REPORTABLE
Code Section 54956.9. Two (2) cases. ACTION
Conference with Legal Counsel - Pending Litigation; Closed
Session pursuant to subdivision (b)(1)(C) of Government
Code Section 54956.9 regarding claim submitted by SBC
Communications, Inc.
Motion by Vice-Mayor Couch to authorize payment of the SBC APPROVED
Communications claim in the amount of $55,188.64. AB SULLIVAN
Bakersfield, California September 8, 2004 - Page 3
CLOSED SESSION ACTION continued
c. Conference with Legal Counsel - Existing Litigation; Closed
Session pursuant to subdivision (a) of Government Code
Section 54956.9 (4 cases):
1. Bakersfield Firemen's Labor Organization v. City of
Bakersfield
2. Jacobson v. City of Bakersfield, et al
3. North Kern Water Storage District, et al v. Kern Delta
Water Storage District, et al
4. Willis v. City of Bakersfield, et al
d. Closed Session pursuant to Government Code 54957.6;
Conference with Labor Negotiator.
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to John Pryor,
proclaiming September 9, 2004, as "John Pryor Day".
Mr. Pryor acknowledged the Proclamation and thanked the
Mayor and Council.
b. Presentation by Mayor Hall of Proclamation to KC the Bull
and a member of the Kern County Fair Board of Directors,
proclaiming September 22"d through October 3% 2004, as
"Kern County Fair Days".
Joe Comejo accepted the Proclamation on behalf of the staff
and Board of Directors of the Kern County Fair.
c. Presentation by Russell Judd, PresidentJCEO Mercy Hospital,
regarding Mercy Hospital update.
Mr. Judd gave a Powerpoint Presentation.
Mayor Hall recognized the Ridgeview High School
government class in attendance.
ACTION TAKEN
NO
REPORTABLE
ACTION
REMOVED
Bakersfield, California September 8, 2004 - Page 4
PUBLIC STATEMENTS
Tommy Hays spoke regarding noise pollution in the
Rosedale area.
Vice-Mayor Couch requested staff provide Mr. Hays contact
information for Chief Rector.
b. Jerry Randall spoke regarding financial literacy.
Dennis Fox spoke regarding the League of California Cities
Conference.
CONSENT CALENDAR
Assistant City Clerk Gafford announced item 9.pp. was
amended to request the appointment of Councilmember
Salvaggio as the voting delegate.
Minutes:
a. Approval of minutes of the meeting of August 18, 2004.
Payments:
Approval of department payments from August 6, 2004 to
August 26, 2004 in the amount of $8,252,996.00 and self
insurance payments from August 6, 2004 to August 26,
2004 in the amount of $308,699.96.
Ordinances:
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 123-20 from an A-20A (Agriculture-20
acre minimum) zone to an R-1 (One Family Dwelling) zone
on 40-46 acres, located at the northeast comer of Old River
Road and Harris Road (Engineer: SmithTech USA,
Inc./Subdivider: Lennar Bakersfield). (ZC 04-0324)
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 103-13 from an R-2 (Limited Multiple
Family Dwelling) zone to an R-1 (One Family Dwelling)
zone on 8.96 acres, generally located on the south side of
Paladino Road, between Fairfax Road and Morning Drive
(Engineer: Porter-Robertson
Engineering/Subdivider: Rio Bravo Land Company). (ZC
04-O650)
ACTION TAKEN
FR
FR
=
Bakersfield, California September 8, 2004 - Page 5
CONSENT CALENDAR continued
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal Code
and Zoning Map No. 123-20 from a DI (Drilling Island) zone
to an E (Estate) zone on 2.5 acres, generally located north
of Snow Road, east of the Friant-Kern Canal, generally
west of Calloway Drive (Engineer: SmithTech USA,
Inc./Applicant: Michael Etcheverry). (ZC 04-0710)
Adoption of Ordinance amending Section 2.28.090 of the
Bakersfield Municipal Code relating to Board of Zoning
Adjustment adding the Community Development
Coordinator as Alternate Member.
Adoption of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning
Map No. 102-06 from A to an E zone on 80 acres, located
west of Calloway Drive, generally north of Snow Road. (ZC
04-0551)
Adoption of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning
Map No. 124-02 changing the zoning from A (Agriculture)
to R-1 PUD (One Family Dwelling Planned Unit
Development) on 81+_acres located approximately 1,800
feet south of State Route 58 along the south side of Shirley
Lane (extended) between South Sterling Street (extended)
and South Oswell Street (extended). (ZC 03-1539)
Adoption of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning
Map No. 102-16 to change the zoning from P (Automobile
Parking) to PCD (Planned Commercial Development) on
3.71 acres to develop a mini-storage facility, located on the
east side of Patton Way, north of Meany Avenue. (ZC 04-
0313)
Adoption of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning
Map No. 124-29 from E (Estate) and A-20-A (Agricultural-
20 acre minimum) to R-1 (One Family Dwelling) on 50
acres, located along the south side of Panama Lane,
generally east of South Union Avenue. (ZC 04-0423)
ACTION TAKEN
FR
ORD 4200
ORD 4201
ORD 4202
ORD 4203
ORD 4204
Bakersfield, California September 8, 2004 - Page 6
CONSENT CALENDAR continued
Adoption of Ordinance adopting the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning
Map No. 122-24 from A (Agriculture) to R-1 (One Family
Dwelling) zone on 77 acres located generally north of
Panama Lane to Pensinger Road, west of Buena Vista
Road. (ZC 04-0429)
Adoption of Ordinance adopting the Negative Declaration,
and upon annexation amending Title 17 of the Municipal
Code and Zoning Map No. 123-30 from A-20-A
(Agricultural-20 acre minimum) to R-1 (One Family
Dwelling) on 80 acres located on the south side of Panama
Lane 1,685 feet east of Buena Vista Road (ZC 04-0435).
Resolutions:
Resolution adopting and certifying the Final Environmental
Impact Report for General Plan Amendment 03-0724 to
adopt a specific plan line for the Allen Road Bridge over the
Kern River between Stockdale Highway and Ming Avenue.
Resolution determining that the purchase of replacement
parts for the trickling filter pumps at Wastewater Treatment
Plant 3 cannot be obtained through usual bidding
procedures and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $54,000.00.
Rehabilitation of the Heating, Ventilating and Air
Conditioning (HVAC) System at Bakersfield City Hall -
Phase I1:
Resolution determining that rehabilitation of the
HVAC System at City Hall cannot be reasonably
obtained through usual bidding procedures and
authorizing the Finance Director to dispense with
bidding therefore, not to exceed $315,000.00.
Agreement with TRANE Commercial Service
Company ($309,826.00) for the rehabilitation of the
HVAC System at City Hall.
Resolution adding territory, Area 4-30 (City in the Hills) to
the Consolidated Maintenance Distdct and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern
County Tax Collector.
ACTION TAKEN
ORD 4205
ORD 4206
REMOVED FOR
SEPARATE
CONSIDERATION
RES 245-04
RES 246-04
AGR 04-250
RES 247-04
Bakersfield, California September 8, 2004 - Page 7
CONSENT CALENDAR continued
Resolution adding territory, Area 1-48 (Renfro, Johnson
SW) to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments
by the Kern County Tax Collector.
Resolution adding territory, Area 1-49 (Calloway, Retail NE)
to the Consolidated Maintenance District and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern
County Tax Collector.
Resolution adding territory, Area 3-26 (Stine, McKee NW)
to the Consolidated Maintenance District and confirming the
assessments, approving the Public Works Director's Report
and authorizing collection of assessments by the Kern
County Tax Collector.
Resolution adding territory, Area 5-14 (Pacheco, Hughes
NW) to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments
by the Kern County Tax Collector.
Resolution of Intention No. 1345 to add territory, Area 1-50
(Jewetta, Reina SW) to the Consolidated Maintenance
District and preliminarily adopting, confirming and
approving Public Works Director's Report.
Resolution of Intention No. 1342 to order the vacation of
Pacheco Road between Buena Vista Road and Old River
Road.
w. Resolution declaring non-permitted uses in all zones.
x. Sale of Real Property south of Snow Road:
Resolution declaring real property located south of
Snow Road surplus property.
Agreement with Kyle Carter Homes Inc. to sell real
property located south of Snow Road for $119,000.
ACTION TAKEN
RES 248-04
RES 249-04
RES 250-04
RES 251-04
ROI 1345
ROI 1342
RES 252-04
RES 253-04
AGR 04-251
DEED 6139
Bakersfield, California September 8, 2004 - Page 8
CONSENT CALENDAR continued
Agreements:
y. Tract Map and Improvement Agreements:
Final Map and Improvement Agreements with
Cherry Hill, Inc., for Tract 6153 Unit 2 located south
of Reina Road and west of Jewetta Avenue.
Final Map and Improvement Agreements with Olive
Park Land Company, for Tract 6117 Unit 3 located
north of Reina Road and west of Jewetta Avenue.
Agreement with Wilson & Associates (not to exceed
$72,500) to provide specialized continuing disclosure
services for various Special Assessment Districts.
aa.
Agreement with Grant Goldberg to lease City owned real
property located west side of Coffee Road approximately
250 feet south of Brimhall Road.
bb.
Agreement with Doug Wattenbarger to lease City owned
real property located at 7831 Brimhall Road.
cc.
Agreement with Bakersfield Association for Retarded
Citizens, Incorporated, a local nonprofit 501 (C) (3) tax
exempt organization, to purchase one (1) surplus roll-off
refuse truck from the City for $35,000.00.
dd. Park at Mountain Vista Drive and Harris Road:
Agreement with Centex Homes, Inc. ($236,250.00)
for acquisition of park land for Mountain Vista Park.
ACTION TAKEN
AGR 04-252
AGR 04-253
AGR 04-254
AGR 04-255
AGR 04-256
AGR 04-257
AGR 04-258
AGR 04-259
AGR 04-260
AGR 04-261
2. Appropriate $236,250.00 Park Improvement Fund
Balance to reimburse Centex Homes, Inc.
Bakersfield, California September 8, 2004 - Page 9
CONSENT CALENDAR continued
ee.
Environmental Impact Report for Annexation No. 467,
General Plan Amendment/Zone Change 04-0853 (Rio
Bravo No. 3):
Agreement with GFC Properties, LLC for the
preparation of an Environmental Impact Report
(EIR) and appropriate $119,970.00 (developer's
contribution) to the Development Services Operating
Budget in the general fund.
Agreement with RBF Consulting ($119,070.00) to
prepare an Environmental Impact Report (EIR) for
Annexation No. 467, General Plan
Amendment/Zone Change 04-0853 (Rio Bravo No.
3).
Environmental Impact Report for General Plan
Amendment/Zone Change 04-0671 (Rosedale Ranch):
Ageement with Keith Gardiner for the preparation of
the Environmental Impact Report (EIR) and
appropriate $120,871.00 (developer's contribution)
to the Development Services Operating Budget in
the general fund.
Agreement with Jones and Stokes ($120,871.00) to
prepare an Environmental Impact Report (EIR) for
General Plan Amendment/Zone Change 04-0671
(Rosedale Ranch).
gg.
Environmental Impact Report for General Plan
AmendmentJZone Change 03-188 and Vesting Tentative
Tract 6352 (Eagle Meadows):
Agreement with Eagle Meadows of Bakersfield 2,
LLC for the preparation of an Environmental Impact
Report (EIR) and appropriate $108,699.00
(developer's contribution) to the Development
Services Operating Budget in the general fund.
Agreement with Michael Brandman Associates
($108,699.00) to prepare an Environmental Impact
Report (EIR) for General Plan Amendment/Zone
Change 03-1188 and Vesting Tentative Tract 6352
(Eagle Meadows).
ACTION TAKEN
AGR 04-262
AGR 04-263
AGR 04-264
AGR 04-265
AGR 04-266
AGR 04-267
Bakersfield, California September 8, 2004 - Page 10
CONSENT CALENDAR continued
hh.
White Lane at State Route 99 Ovemrossing Widening and
Intemhange Improvements:
Amendment No. 2 to Consultant Agreement No. 03-
236 with Parsons Brinckerhoff Construction
Services Inc. to increase compensation to the
Consultant ($76,092.00, for a total contract amount
of $396,547.00) for Construction Management
Services.
Appropriate $80,000.00 Transportation
Development Fund Balance to the Capital
Improvement Budget.
ii.
Amendment No. I to Agreement No. 03-104 with Doyle
Ellis, LLC to change contractor's name to Alon Asphalt
Bakersfield, Incorporated.
jj.
Amendment No. 2 to Consultant Agreement No. 01-168
with RJM Design Group, Inc. to increase compensation to
the Consultant ($50,000.00, for a total contract amount of
$511,230.00) for Landscape Architectural, Architectural and
Engineering Service for 30 acre park on Stockdale Highway
at Buena Vista Road.
kk.
Contract Change Order No. 1 to Agreement No. PW04-049
with Graham Prewitt, Inc. ($3,928.00, for a revised contract
amount of $25,428.00) for the re-roof of Martin Luther King,
Jr. Breezeway and Park Restroom Project.
Bids:
I1.
Accept bid from Kern County Construction Inc
($845,771.00) for construction of three (3) concrete block
pump houses, installation of three (3) deep well turbine
pumps and motors, three (3) electrical panel boards, one
(1) generator, one (1) fuel tank and miscellaneous piping
and appurtenances for Ashe Water wells L-210, L-211, and
CBK44 for the Water Resources Department.
mm. Wastewater Treatment Plant No. 2 Boiler and Generator
Upgrade:
Accept bid to award contract to Kaweah
Construction Company ($193,888.00) for project.
Appropriate $130,000.00 Sewer Enterprise Fund
Account Balance to the Capital Improvement
Budget.
ACTION TAKEN
AGR 03-236(2)
AGR 03-I04(1)
A GR 01-168(2)
CCOl PW04-049
AGR 04-268
ARG 04-269
10.
Bakersfield, California September 8, 2004 - Page 11
CONSENT CALENDAR continued
Miscellaneous:
nh.
Appropriate $40,595.00 Transient Occupancy Tax fund
balance to the Non-Departmental Operating Budget and
authorize payment to the Convention and Visitors Bureau.
oo. City Positions on League of California Cities Resolutions.
PP.
Appointment of League Voting Delegate and Alternate for
the Annual Conference.
Motion by Vice-Mayor Couch to approve Consent Calendar
items 9.a. through 9.pp with the removal of item 9.m. for
separate consideration.
Resolution adopting and certifying the Final Environmental
Impact Report for General Plan Amendment 03-0724 to
adopt a specific plan line for the Allen Road Bridge over the
Kern River between Stockdale Highway and Ming Avenue.
Motion by Vice-Mayor Couch to approve the Resolution and
certify the Final Environmental Impact Report.
CONSENT CALENDAR HEARINGS
Public hearing to consider an appeal by the Sierra Club on
the Planning Commission's approval of Vesting Tentative
Tract 6290 located on the southwest corner of McKee and
Stine Roads. (Appellant: Sierra Club/Engineer: Quad-
Knopf/Subdivider: JM Construction)
General Plan Amendment/Zone Change 04-0410; Porter-
Robertson has requested a general plan amendment and
ordinance amendment on 13.18 acres located along the
north side of Hageman Road between Landco Ddve and
Knudsen Drive.
Resolution approving the Negative Declaration and
adopting the general plan amendment to change the
land use from GC (General Commercial) to LI (Light
Industrial) on 13.18 acres.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map 102-15 from C-2 (Regional
Commercial) to M-1 (Light Manufacturing) on 13.18.
ACTION TAKEN
APPROVED
AB SULLIVAN
RES 244-04
APPROVED
AB SULLIVAN
WITHDRAWN
RES 254-04
FR
10.
Bakersfield, California September 8, 2004 - Page 12
CONSENT CALENDAR HEARINGS
General Plan Amendment/Zone Change 04-0422;
SmithTech USA Inc. has proposed a General Plan
Amendment and an ordinance amendment for 77 acres,
located south of McCutchen Road, generally between Ashe
Road and Stine Road.
Resolution approving the Negative Declaration and
adopting the general plan amendment to change
land use designation from R-IA to LR on 77 acres.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-34 from A to an R-1
zone on 77 acres.
General Plan Amendment/Zone Change No. 04-0431;
Castle & Cooke California, Inc. is proposing an office
commercial development on 40 acres located adjacent on
the north side of Stockdale Highway, between Allen Road
and Jewetta Avenue.
Resolution adopting the Negative Declaration,
upholding the Planning Commission, and approving
the General Plan Amendment to change the land
use designation from LR (Low Density Residential)
to OC (Office Commercial) on 19.24 acres and HR
(High Density Residential) to OC (Office
Commercial) on 20.57 acres.
First Reading of Ordinance adopting the Negative
Declaration, upholding the Planning Commission,
and amending Title 17 of the Municipal Code and
Zoning Map Nos. 101-36 and 122-01, to change the
zoning from R-1 (One Family Dwelling) to C-O
(Professional and Administrative Office) on 19.24
acres and R-3 (Limited Mulitple-Family Dwelling) to
C-O (Professional and Administrative Office) on
20.57 acres.
ACTION TAKEN
RES 255-04
FR
RES25~
FR
t0.
Bakersfield, California September 8, 2004 - Page 13
CONSENT CALENDAR HEARINGS
General Plan AmendmentJZone Change No. 04-0441;
Lennar Bakersfield is proposing single family residential
development on 56.48 acres located south of Reina Road
and west of Allen Road. The project site is being
processed for annexation to the City. The western 600 feet
of the project site is also being processed for amendment
within the Sphere of Influence Boundary.
Resolution adopting the Negative Declaration,
upholding the Planning Commission, and approving
the General Plan Amendment to change the land
use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on
56.48 acres.
First Reading of Ordinance adopting the Negative
Declaration, upholding the Planning Commission,
and amending Title 17 of the Municipal Code and
Zoning Map No. 101-14 to change the zoning from
A (Agricultural) to R-1 (One Family Dwelling) on
56.48 acres.
Public hearing to consider resolution making findings
approving the Environmental Impact Report and amending
Cimulation Element of the Metropolitan Bakersfield General
Plan to adopt a specific plan line for Allen Road Bridge over
the Kern River between Stockdale Highway and Ming
Avenue. (GPA 03-0724).
Assistant City Clerk Gafford announced correspondence
was received from Lorraine Unger on behalf of the Sierra
Club withdrawing the appeal for item 10.a. Additionally
correspondence was received from property owners in the
project area of item 10.f. in support of the Resolution.
Hearings opened at 7:44 p.m.
No one spoke.
Hearings closed at 7:45 p.m.
ACTION TAKEN
RES 257-04
FR
RES 258-04
APPROVED
Motion by Vice-Mayor Couch to approve Consent Calendar AB SULLIVAN
items fO.b. through lO.f.
11.
Bakersfield, California September 8, 2004 - Page 14
HEARINGS
Public hearing to consider resolution upholding the decision
of the Planning Commission, denying the appeal, adopting
the Negative Declaration and approving Vesting Tentative
Tract Map 6318 generally located south of Chase Avenue
and east of Kern Canyon Road (State Route 184).
(Appellant: Sierra Club/Engineer: Cornerstone
Engineering/Subdivider: Arnold & Vicki Young)
Staff comments by Development Services Director
Hardisty.
Hearing opened at 7:49 p.m.
Harry Love, on behalf of the Sierra Club, spoke in
opposition to the staff recommendation.
Mike Callagy, Cornerstone Engineering, on behalf of the
project developers, spoke in favor of the staff
recommendation and recommended two conditions. He
introduced Mary Jane Wilson of WZI who presented written
material and spoke in support of the staff recommendation.
Dennis Fox also spoke in favor of the staff
recommendation.
Harry Love, on behalf of the Sierra Club, spoke in rebuttal
opposition to the staff recommendation.
Mike Callagy, Cornerstone Engineering spoke in rebuttal
support of the staff recommendation and recommended the
following conditions:
The developer shall install an informational kiosk in
the model home area of the subdivision for the
purpose of providing for the public; air quality
information and literature.
The developer shall pay, upon the adoption of a city
wide ordinance providing for the collection of air
impact fees, such fees for the residential structures
which remain to be constructed.
Councilmember Maggard referred the issue of developing a
program EIR to the Planning And Development Committee.
ACTION TAKEN
CONTINUED TO
9-22-04 MEETING
Hearing closed at 8:09 p.m.
11.
Bakersfield, California September 8, 2004 - Page 15
HEARINGS continued
Item 11 .a. continued
Motion by Councilmember Maggard to continue the decision
regarding item 11.a. to the September 22"d Council Meeting
and staff to work with the engineer on the proposed
conditions.
General Plan Amendment/Zone Change 04-0266; Ralph
Abrishami has appealed the Planning Commission's
decision denying his request for a general plan amendment
and ordinance amendment for nine acres, located at the
northeast corner of Monitor Street and Hosking Road.
Resolution approving the Negative Declaration and
denying the general plan amendment to change the
land use designation from LR (Low Density
Residential) to GC (General Commercial) on nine
acres located at the northeast corner of Monitor
Street and Hosking Road.
Resolution upholding the Planning Commission's
decision approving the negative declaration and
disapproving the amendment to Title 17 of the
Municipal Code and Zoning Map 124-30 from R-1
(One Family Dwelling) to C-2 (Regional
Commercial) on nine acres.
Correspondence has been received from Mr.
Abrishami requesting the hearing be continued.
Staff comments by Development Services Director
Hardisty.
Hearing opened at 8:46 p.m.
No one spoke.
Hearing closed at 8:47 p.m.
ACTION TAKEN
APPROVED
RES 259-04
RES 260-04
Motion by Councilmember Salvaggio to adopt the Resolutions APPROVED
approving the Negative Declaration and denying the appeal AB SULLIVAN
12.
13.
Bakersfield, California September 8, 2004 - Page 16
DEFERRED BUSINESS
Update on activities in Bakersfield Redevelopment Project
Areas.
Economic and Community Development Director
Kunz gave a computer presentation.
Councilmembar Carson requested a copy of the presentation.
COUNCIL AND MAYOR STATEMENTS
Councilmember Maggard presented a $300.00 check to Interim
Parks and Recreation Director Christensen for the purpose of
sponsoring a Movie in the Park Evening at Siemon Park.
Councilmember Maggard requested prayers for his son Andrew
and other young people just completing U.S. Army Airborne
Paratrooper School at Fort Benning Georgia.
Councilmember Carson recognized Cheretta Johnson on the
occasion of her 101st birthday and thanked Mayor Hall for attending
the celebration and the presentation made to Ms. Johnson.
Councilmember Salvaggio requested staff fill potholes in the
area of South H Street and Panama Lane.
Councilmember Salvaggio requested Streets staff stabilize the
manhole cover in front of his home on Woolard Drive.
Councilmember Salvaggio complimented the evenings'
Presentations.
Councilmember Salvaggio requested an update regarding two
houses at Custer and South H Street, particularly the one on
the south side.
Councilmember Salvaggio requested an update regarding
road repair on Wible Road, south of White Lane to Panama
Lane.
Councilmember Salvaggio thanked City department heads for
working with him throughout his time on the Council.
Councilmember Benham acknowledged Code Enforcement for
services provided a neighborhood in Ward 2.
Councilmember Benham provided information regarding a pending
celebration to honor the four medal winners from Kern County at
the Athens Olympics.
ACTION TAKEN
13.
14.
Bakersfield, California September 8, 2004- Page 17
COUNCIL AND MAYOR STATEMENTS continued
Vice-Mayor Couch requested staff evaluate the necessity of
reapportionment.
Vice-Mayor Couch requested the City Attorney contact him
regarding street vacations, Gatsby requirements, SB975 and
the connection among them.
Vice-Mayor Couch requested staff contact Big League Dreams
and evaluate that company's possible vision/proposal for
Bakersfield.
Vice-Mayor Couch requested staff investigate avenues of
soliciting ideas from the community for improving traffic flow
and issues.
ADJOURNMENT
Mayor Hall adjourned the meeting at 9:34 p.m.
ACTION TAKEN
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the
City of Bakersfield, California