HomeMy WebLinkAbout08/17/05_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
AUGUST 17, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m.
REGULAR MEETING- 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of/he meeting)
3. WORKSHOPS
(10 min)
a.
Report on the sale of the City Farm. (Staff presentation by Alan Tandy, City Manager)
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 - Anthony Campbell, et al v. City, et al.
b. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(B) of Government Code Section 54956.9. (One case - Surrounding
Objections to GPAlZC 04-1704)
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Gary Barber, The Oaks Community Church.
7. PLEDGE OF ALLEGIANCE by Randi Flores, 4th Grade Student, and Toni Flores, 2nd Grade Student at
Endeavor Elementary School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall and City Council to Congressman Bill Thomas in appreciation for
securing federal highway funding for five major local transportation projects.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 20, 2005 Regular Council Meeting.
Payments:
b. Approval of department payments from July 8, 2005 to August 4, 2005 in the amount of
$14,023,342.08 and self insurance payments from July 8, 2005 to August 4,2005 in the
amount of $1,340,271.57.
Ordinances:
(Ward 3)
c.
First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020
(Zone Map No. 104-17) of the Municipal Code changing the zoning from R-1 (One Family
Dwelling) zone to PUD (Planned Unit Development) zone on 100.16 acres located on the
southwest corner of Panorama Drive and Masterson Street. (File 05-0298)
_._~.___._~..._.____H~ ..__._"_..,~__.___..~
(Ward 3)
12. CONSENT CALENDAR continued
d
Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020
(Zone Map No. 104-17) of the Municipal Code changing the zoning from R-1 (One Family
Dwelling) zone to PUD (Planned Unit Development) zone on 183.84 acres to allow a gated
street seniors development generally located between Paladino and Panorama Drives,
Masterson Street and Vineland Road. (File 04-1572) (FR 07/20/05)
Adoption of Ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-05 from an A (Agriculture) to E (Estate) on 98.7,!
acres, located on the southeast corner of Calloway Drive and Etchart Road. (Applicant:
SmithTech USA) (ZC 05-0221). (FR 07/20/05)
(Ward 4)
(Ward 4.5.6)
(Ward 2.5)
(Ward 4)
(Ward 7)
(Ward 7)
(Ward 5)
(Ward 4)
(Ward 2)
e.
Resolutions:
f.
Assessment District No. 05-3 (Liberty IINillage GreenfTesoro-Encanto/Lin/Rider/Diamond
Ridge):
1. Resolution approving boundary map.
2. Resolution of Intention No. 1398.
g.
3. Resolution accepting petition and determining to undertake special assessment
proceedings.
4. Agreement with Wilson & Associates for assessment engineering.
5. Agreement with Orrick, Herrington & Sutcliffe for legal services (bond).
6. Agreement with Pillsbury Winthrop Shaw Pittman LLP for legal services (disclosure).
Resolution determining that playground equipment and structure components for Quailwood
Park and Campus Park North cannot be obtained through the usual bidding procedures and
authorizing the Finance Director to dispense with bidding therefore, not to exceed
$102,000.00.
h.
Resolution adding territory, Area 1-58 (Snow RdNerdugo 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 3-35 (Hosking/99 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 of Intention No. 1395 adding territory, Area 3-36 (Hughes/McKee SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1396 adding territory, Area 3-37 (Panama/Buena Vista NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1397 adding territory, Area 2-30 (Stockdale/Renfro SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1381 to order the vacation of 0 Street between Truxtun Avenue
and 17th Street. (Vacation of this street and alley will be contingent upon GSA's award of
contract to TACT Development for the development of the Federal Courthouse project.)
i.
j.
k.
I.
m.
2
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12. CONSENT CALENDAR continued
(Ward 3.4.5)
(Ward 2)
(Ward 6)
(Ward 3)
(Ward 1)
(Ward 3)
Agreements:
n.
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Bakersfield Panorama L.P. for Tract
6193 Phase 1 located easterly of Kern Canyon Road and north of Chase Avenue.
2. Improvement Agreement with Kern-HH&R Partners for Parcel Map 10898 located
south of Riverlakes Drive and west of Coffee Road.
3. Final Map with Laurelglen Realty, LLC for Tract 6348 located north of N. Half Moon
Drive and west of Ashe Road.
4. Final Map for Tract 6118 Unit 6 and Agreements with Centex Homes for Tract 6118
Units 6, 7 and 8 located south of Snow Road and west of Old Farm Road.
5. Final Map for Tract 6195 Unit 5 and Agreements with Centex Homes for Tract 6195
Units 5, 6, 7 and 8 located south of Snow Road and east of Allen Road.
Baker Street Crossing:
1. Agreement with Union Pacific Railroad (estimated cost $99,855.00) for improvement
of the Baker Street crossing of the Union Pacific tracks.
2. Void existing Agreement No. 05-028 with Union Pacific Railroad for same crossing.
Agreement with J. Stanley Antongiovanni (not to exceed $1.00 per year for three years) to
rent a future city park site located north of Hosking Road, east of Ashe Road and south of
Berkshire Road for farming purposes.
Mesa Marin Softball and Soccer Recreation Complex:
1. Agreement with Total Concept Landscape Architecture (not to exceed $20,000.00) to
provide design services in the conceptual planning of the Mesa Marin Softball and
Soccer Recreation Complex.
2. Appropriate $20,000.00 Park Improvement Fund Balance (Northeast-Zone 3) for
Mesa Marin design services.
Ground Lease with John Harmon for purposes of constructing a restaurant at the Bakersfieid
Municipal Airport.
s. Contribution Agreement with the Bakersfield Symphony Orchestra ($50,000.00) for Fiscal
Year 2005-06.
o.
p.
q.
r.
Agreement with California Water Service Company for construction of a booster station on
Paladino Drive, east of Masterson Drive.
u. Amendment NO.1 to Agreement No. 05-130 with Marderosian, Runyon, Cercone, Lehman &
Armo ($50,000.00, total contract not to exceed $100,000.00) for outside legal services in the
matter of Anthony Campbell, et al v. City, et al.
t.
v. Amendment NO.3 to Agreement No. 01-018 with AmeriNational Community Services, Inc. to
add specific language to the existing agreement regarding the City's down payment
assistance programs.
w. Amendment NO.1 to Agreement No. 04-293 ($1,500,000.00, revised contract not to
exceed $3,000.000.00) with Granite Construction Co. for street materials for the Streets
Division.
3
12. CONSENT CALENDAR continued
(Ward 3)
(Ward 2.7)
Bids:
(Ward 2)
aa.
(Ward 1)
bb.
(Ward 1,2.3.5) cc.
x. Improvement Plan Checking Engineering Services:
1. Amendment NO.1 to Agreement No. PW05-028 with CRC Enterprises, Inc.,
($50,000.00, total contract not to exceed $70,000.00) for design engineering
assistance in the updating of City standards, specifications and ordinances.
2. Appropriate $30,000.00 Capital Outlay Fund balance to the Capital Improvement
Budget.
Amendment No.1 to Agreement No. 02-077 with State of California, Department of
Transportation (Caltrans) for the preparation of pians and specifications for the interchange
on State Route 178 at Fairfax Road.
y.
z.
Street Improvements - Right Turn Lanes at Truxtun @ Office Park, Truxtun @ Commercial
Way, and, Ming Ave. @ SR99:
1. Contract Change Order NO.1 to Agreement No. 04-336 with Griffith Co. ($24,189.34,
revised contract not to exceed $401,766.34) for projects.
2. Appropriate $25,000.00 Gas Tax Fund balance to the Capital Improvement Budget.
Accept bid to award contract to AC Electric ($88,980.00) for median modification and traffic
signal and lighting installation (signal portion only) on Q Street at 14th Street.
Bakersfield Municipal Airport Resurfacing Project:
1. Accept bid to award contract to Valley Slurry Seal Company ($238,743.19) for
construction of the project.
2. Grant Agreement with California Department of Transportation ($85,000.00) for the
project.
3. Appropriate $85,000.00 California Aid to Airports Program Grant funds and
$29,000.00 General Aviation Fund Balance to the Capital Improvement Budget within
the General Aviation Fund.
Accept bid to award contract to Griffith Company ($1,475,475.00) for the resurfacing of
various streets - 04/05 VLF Phase 1.
dd. Accept bids from McCain Traffic Supply ($64,833.91), Western Pacific Signal LLC
($62,961.33) and GDI Communications ($3,513.51) for traffic signal equipment for the Public
Works Department. (Total $131,308.75)
ee. Accept bid from Sunrise Lighting Systems ($234,594.36) for signal poles for various
intersections for the Public Works Department.
ff. Accept bid from Econolite Control Product, Inc. ($132,271.43) for machine vision detection
systems at various traffic signal locations for the Public Works Department.
gg. Accept bid from Rehrig Pacific Co. ($572,929.50) for refuse, green waste and recyclable
containers for the Solid Waste Division of Public Works.
hh. Reject bids for annual contract for lubricating products for various City departments.
(Ward 6)
ii.
Miscellaneous:
Granting of relocated waterline easement by Dollinger Bakersfield Associated II for Parcel 1
of Parcel Map 9301 located north of White Lane along the east side of Gosford Road.
4
(Ward 6)
12. CONSENT CALENDAR continued
(Ward 3)
(Ward 2)
(Ward 1)
jj. Extension of water main and granting of waterline easement from Scott A. McMillan & Tani
McMillan for water service to La Cabana Restaurant located at 6261 White Lane.
kk. Quitclaim Deed to Lincoln Trust Company for an emergency access easement over lots 114
and 115 of Tract 4159 located at 8000 and 8004 Latham Court.
II. Consideration of request for funding in the amount of $5,000.00 for the Bakersfield
Downtown Business and Property Owners Association (DBA) to be used for consulting
services to assist in the formation of a new Community Benefit District (CBD) for downtown.
mm. Appropriate $50,000.00 Park Improvement Fund balance (Central - Zone 2) for the
demolition of Saunders Pool.
nn. Water Board Report No. 1-05 regarding water supplies for the City.
Staff recommends adoption of Consent Calendar items a through nn.
13. CONSENT CALENDAR HEARINGS
(Ward 1.7)
(Ward 1)
a.
General Plan Amendment/Zone Change No. 04-1570; Project Design Consultants,
representing Lenox Homes, property owner, has proposed a general plan amending and
zone change on 100 acres located on the east side of S. Union Avenue, north and south of
E. Berkshire Road, for which annexation into the City is proposed. (Staff recommends
adoption of resolution and give first reading to ordinance.)
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from SR (Suburban Residential) to
ER (Estate Residential) on 33 acres and from SR to LR (Low Density Residential) on
67 acres.
2. First Reading of Ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code from A (Agriculture) to E (1 acre
minimum) on 33 acres and from R-S (Residential Suburban) and E (Estate One
Family Dwelling) on 67 acres.
General Plan Amendment/Zone Change 04-1763; SmithTech/USA Inc., representing Jean
Ollivier, et ai, property owner, has applied for a general plan amendment on 17 acres located
along the north side of E. Berkshire Road, generally east of S. Union Avenue, for which
annexation to the City is proposed. (Staff recommends adoption of resolution and give first
reading to ordinance.)
1. Resolution adopting the Negative Declaration and adopting the general plan
amendment and changing the land use designation from SR (Suburban Residential)
to LR (Low Density Residential).
2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One
Family Dwelling) zone.
b.
5
13. CONSENT CALENDAR HEARINGS continued
(Ward 4)
(Ward 3)
(Ward 3)
(Ward 1)
c.
General Plan Amendment/Zone Change No. 04-1766; SmithTech/USA Inc., representing
Michel Etcheverry, property owner, bas proposed a general plan amendment and zone
change on 80.24 acres located at the southeast corner of Seventh Standard Road and
Jewetta Avenue (future), for which annexation into the City is proposed. (Staff recommends
adoption of resolution and give first reading to ordinance.)
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from SR (Suburban Residential) to
LR (Low Density Residential) on 80.24 acres.
2. First Reading of Ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code from A (Agriculture) to R-1 (One Family
Dwelling) on 80.24 acres.
General Plan Amendment No. 05-0403; Cal-Kern Development, LLC, property owner, has
proposed a general plan amendment on 58 acres located north of State Route 178,
approximately 600 feet east of the intersection on Morning and Panorama Drives. (Staff
recommends adoption of resolution.)
d.
e.
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from R-MP (Resource-Mineral and
Petroleum to LR (Low Density Residential) on 58 acres.
General Plan Amendment/Zone Change No. 05-0535; The Keith Companies, representing
Panorama Highlands Development, property owner, has proposed a general plan
amendment on 11.58 acres and zone change on 12 acres located on the north and south
sides of Panorama Drive, approximately Y2 mile east of Fairfax Road. (Staff recommends
adoption of resolution and give first reading to ordinance.)
1. Resolution adopting the Negative Declaration and approving the general plan
amendment and changing the land use designation from OS-P (Open Space-Park) to
LR (Low Density Residential) on 11.58 acres and from HR (High Density Residential)
to LR on 12 acres.
2. First Reading of Ordinance adopting the Negative Declaration and denying the
request to amend Title 17 of the Municipal Code from R-3 (Limited Multiple Family
Residential) on 10.17 acres and R-3-MH (Limited Multiple Family Residential-Mobile
Home) to R-1 (One Family Dwelling) on 1.82 acres.
General Plan Amendment 04-2005; The City has proposed a general plan amendment to the
Circulation Element and adopting a Specific Plan Line for the Washington Street alignment.
(Staff recommends adoption of resolution and specific plan line.)
1. Resolution adopting the Negative Declaration and general plan amendment to the
Circulation Element and, adoption of a specific plan line.
f.
6
(Ward 5)
13. CONSENT CALENDAR HEARINGS continued
g.
General Plan AmendmenUZone Change No. 04-1764; SmithTech/USA, Inc., representing
Kevin Pascoe, property owner, has proposed a general plan amendment and zone change
on 41.89 acres located on the southeast corner of Panama Lane and Buena Vista Road, for
which annexation into the City is proposed. (Staff recommends adoption of resolution and
give first reading to ordinance.)
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from R-IA (Resource Intensive
Agricultural) to LR (Low Density Residential) on 41.89 acres.
2. First Reading of Ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code from County A (Agriculture) to R-1 (One
Family Dwelling) on 41.89 acres.
Motion to approve staff recommendations on Consent Calendar Hearing items a. through g.
(Ward 4)
14. HEARINGS
a.
General Plan AmendmenUZone Change No. 04-0815; McMillan Homes has appealed the
Planning Commission's decision to deny the proposal by Pacific Engineering, Maurice
Etchechury, on behalf of James Etcheverry, et al for a general plan amendment and zone
change on 82.5 acres located along the north side of Snow Road, generally between Allen
Road and Calloway Drive.
1. Resolution adopting the Negative Declaration and requested general plan
amendment from SR (Suburban Residential) to LR (Low Density Residential).
2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One
Family Dwelling).
Staff recommends adoption of resolution, upholding the appeal and give first reading to ordinance.
General Plan AmendmenUZone Change No. 03-1188 and Tentative Tract 6352; The Sierra
Club has appealed the Planning Commission's decision approving a proposal by David
Pitcher, representing Eagle Meadows, for a general plan amendment, zone change and
Tentative Tract 6352 located between State Routes 178 and 184, east of Vineland Road for
purposes of developing a single family residential subdivision.
1. Resolution denying the appeal and certifying the Final Environmental Impact Report
for the Eagle Meadows development.
2. Resolution denying the appeal and approving a general plan amendment to change
the land use designation from OS (Open Space) to LR (Low Density Residential) on
2.7 acres and a change to the Circulation Element to add the collector designation to
Highland Knolls Drive, east of Vineland, and amend the Bikeways Master Plan for a
Class II bike lane on the same segment of Highland Knolls.
3. First Reading of Ordinance denying the appeal and approving an amendment to Title
17 of the Municipal Code from OS to R-1 (One-Family Dwelling) on 2.7 acres.
4. Resolution denying the appeal and approving Tentative Tract 6352.
Staff recommends adoption of resolutions, denying the appeal and give first reading to ordinance.
(Ward 3)
b.
7
14. HEARINGS continued
(Ward 3)
General Plan AmendmenUZone Change No. 04-0853; GFC Properties has proposed a
general plan amendment and zone change for property generally bounded by the Rio Bravo
Country Club property on the north, Comanche Drive to the west, and Breckinridge Road to
the south for purposes of developing single and multi-family residences.
1. Resolution certifying the Final Environmental Impact Report for Rio Bravo NO.3
Annexation, General Plan AmendmenUZone Change No. 04-0853.
2. Resolution approving a general plan amendment to change the land use designation
from R-EA (Resource - Extensive Agriculture) to LR (Low Density Residential) and
LMR (Low Medium Density Residential) and approving the requested general plan
amendment to change the Circulation Element by eliminating one unnamed collector
street segment extending from Chase Avenue within the Project site and reclassifying
a separate unnamed collector street extending from Miramonte Drive connecting to
the Rio Bravo Country Club to a local street designation.
3. First Reading of Ordinance approving amendment to Title 17 of the Municipal Code
from A (Agriculture) to R-1 (One Family Dwelling) and R-1-HD (One Family Dwelling-
Hillside Development) on 600 acres and R-2 (Limited Multiple Family Dwelling) and
R-2-HD (Limited Multiple Family Dwelling-Hillside Development) on 17 acres.
Staff recommends adoption of resolutions and give first reading to ordinance.
c.
(Ward 7)
General Plan AmendmenUZone Change No. 04-1704; Jimmy and Robin Tabangcora have
appealed the Planning Commission's decision approving proposal by Gerald Almgren, Kern
Delta Land Development Corp. for a general plan amendment on 2.83 net acres and zone
change on 2.04 net acres located on the east side of Wible Road approximately 200 feet
south of Berkshire Road.
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from LMR (Low Medium
Residential) to HMR (High Medium Residential) on 2.83 net acres.
2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map 123-25 from R-1 (One Family Dwelling) to
R-2 (Limited Multiple Family Dwelling) on 2.04 acres.
Staff recommends adoption of resolution, denying the appeal and give first reading to ordinance.
d.
e. Hearing to consider Resolution amending the City's Sphere of Influence, approval of
updated Municipal Services Review and adoption of a Negative Declaration.
Staff recommends adoption of resolution, approve updated municipal services review and direct
staff to make application to LAFCO to amend the Sphere of Influence.
15. COUNCIL AND MAYOR STATEMENTS
16. ADJOURNMENT
x:;~=- 1" #Í
Alan Tandy
City Manager
08/11/059:20am
8
AGENDA HIGHLIGHTS
AUGUST 17, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
WORKSHOPS
There will be a presentation by Alan Tandy, City Manager regarding the sale of the City Farm
property.
CLOSED SESSION
There will be a conference with legal counsel regarding one item of existing litigation and one item of
potential litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
PRESENTATIONS
Mayor Hall and the City Council will make a presentation to Congressman Bill Thomas in appreciation
of his securing highway funding for five major local transportation projects.
CONSENT CALENDAR
Ordinances
Item 12c. First Readina of an Ordinance AdoDtina a Neoative Declaration and Amendina the
MuniciDal Code bv Chanoino the Zonino on 100.16 Acres Located on the Southwest Corner of
Panorama Drive and Masterson Street. The purpose of this zone change from R-1 (One Family
Dwelling) zone to PUD (Planned Unit Development) is to provide for a residential development in the
City in the Hills development. The development includes 421 single-family lots with a 0.95-acre private
recreation area. The Planning Commission recommends approval.
Resolutions
Item 12g. Resolution Authorizino the Finance Director to DisDense with the Formal Biddino Process
to Purchase Plavaround Eauioment and Structure Comoonents for Quailwood Park and Camous Park
North in an amount not to exceed $102,000. City playground equipment has been standardized
utilizing PlayWorld structures. In order to integrate new equipment into the existing system, the
equipment can only be obtained from PlayWorld. Quailwood Park will receive new play structures for
2-5 year olds and 5-12 year olds. Input to be obtained from a community meeting will help determine
what other equipment is needed there. Campus Park North will receive a climbing wall, crescent
climber, two slides, a turbo tower, and signage.
Item 12m. Resolution of Intention to Order the Vacation of "0" Street between Truxtun Avenue and
17'h Street Continaent UDon the Award of Contract to TACT DeveloDment for the DeveloDment of the
Federal Courthouse Proiect. The U.S. General Services Administration (GSA) would like to lease
approximately 30,000 square feet of space with secured parking spaces to facilitate a Federal
Courthouse. TACT Development LLC submitted a project proposal to GSA to construct the facility.
TACT is proposing a three-story facility fronting Truxtun Avenue, with underground restricted parking,
and public surface parking.
Agenda Highlights
August 17, 2005
Page 2
The site layout would require abandonment of "0" Street and the alley within the site. This vacation
will be contingent upon the GSA awarding the contract to TACT Development LLC for this
project. If GSA does not select the TACT site (which is competing against other sites) the City
will not move forward with the abandonment and closure of the section of 0 Street.
All property owners within a radius of 300 feet of the vacating area were mailed a preliminary notice of
the proposed vacation and some have indicated their objections. The Public Hearing date for this
item is scheduled for September 28, 2005. The Planning Commission found this vacation to be
consistent with the 2010 General Plan.
Aareements
Item 12q. Aoreement with Total Conceot Landscaoe Architecture to Provide Desion Services in the
Conceotual Plannino of the Mesa Marin Softball and Soccer Recreation Comolex in the amount of
$20.000. The goal is to create, develop and implement a long-term plan for the ballfields and an
approximate 20-acre parcel adjacent and to the west of the current complex that is required to be
dedicated to the City as a condition of approval for Vesting Tentative Tract 6352. Some options
include improving the ballfields for children and adult programming, sports lights, concessions,
restrooms, a playground, a wet playground, skatepark, soccer and additional field sports.
Item 125. Contribution Aoreement with the Bakersfield Svmohonv Orchestra for FY 2005-06 in the
amount of $50.000. The agreement provides for payments to the Bakersfield Symphony Orchestra
for building rental and related expenses for concerts at the Rabobank Arena, Theater and Convention
Center.
Item 12t. Aareement with California Water Service Comoanv to Construct a Booster Station on
Paladino Drive. This water booster station will provide service to the growth areas in the northeast.
California Water Service purchased a site on Paladino Drive east of Masterson Drive. Paladino Drive
does not exist east of Masterson Drive, but is part of the required improvements for approved Vesting
Tentative Tract 6137. The improvement of Paladino Drive in front of the booster station is also a
requirement of the Site Plan Review for the Booster Station. Because the improvements for Tract
6137 will be lagging behind the construction of the booster station, CalWater must enter into an
improvement agreement for that part of Paladino in order to comply with the requirements of Site Plan
Review.
Item 12w. Amendment NO.1 to Aoreement No. 04-293 with Granite Construction Comoanv for Street
Materials in the amount of $1.500.000 (revised contract amount $3.000.000.) Staff estimates that the
current contract amount will be exhausted before the contract expires and is requesting that the
annual contract be increased by $1,500,000.
Bids
Item 12bb. Award Contract to Vallev Slurrv Seal Comoanv for Construction of the Bakersfield
Municioal Airoort Resurfacino Proiect in the amount of $238.743.19. This project will construct a
slurry seal surface on the runways, taxiways and airplane storage areas at the Bakersfield Municipal
Airport. The project is funded through grants from the State of California and the Federal Aviation
Authority. There is a 10% local match for the project which is proposed to be funded by the General
Aviation Fund Balance. One acceptable bid was received. Staff recommends award to Valley Slurry
Seal Company.
Agenda Highlights
August 17, 2005
Page 3
Item 12cc. Award Contract to Griffith Comcanv for the ResurfacinG of Various Streets - 04/05 VLF,
Phase I in the amount of $1.475.475. This project is funded with the proceeds realized from the sale
of vehicle license fees (VLF). The streets to be resurfaced are listed in the administrative report.
Additional VLF funded resurfacing projects are being constructed through reimbursement agreements
with various developers and through the Capital Improvement Program, and are also listed in the
report. Three acceptable bids were received. Staff recommends award to Griffith Company.
Item 12hh. Reiect Bids for Annual Contract for LubricatinG Products for Various City Decartments.
Four bids were received, although it was determined that none of the bidders were able to hold their
prices for the one-year contractual period. Since an annual contract is not feasible at this time, staff
recommends implementing other available purchasing procedures to secure the necessary products.
Miscellaneous
Item 1211. Consideration of ReGuest for FundinG in the amount of $5.000 fort the Bakersfield
Downtown Business and Procertv owners Association /DBA\ to be Used for ConsultinG Services to
Assist in the Formation of a New Community Benefit District (CBD\ for Downtown Bakersfield. The
DBA has been holding meetings exploring the possible formation of a Community Benefit
Improvement District for the downtown. Response has been positive, with several property owners
expressing an interest in providing funding towards hiring a consulting firm to assist with oversight as
to the feasibility, possible structure and scope of such a district. The cost of the consultant is
approximately $50,000. They have requested a financial contribution of $5,000 from City
redevelopment funds for the project, which would be reimbursed from the district if it is formed.
Item 12nn. Water Board Recort No. 1-05 ReGardinG Water Succlies for the City. In response to a
request from Council member Maggard at a budget hearing, staff prepared a report regarding water
supplies, which was reviewed by the Water Board on July 13, 2005. This report evaluates the
potential water demands and reviews the water supplies available to the entire City of Bakersfield
Sphere of Influence area, including the proposed amended boundary. The total net demand was
determined to be just over 261,000 acre-feet. Supplies total 262,300 acre-feet. The Water Board
unanimously approved the report and recommends acceptance by Council.
CONSENT CALENDAR HEARINGS
Item 13a. General Plan Amendment/Zone Chance on 100 Acres Located on the East Side of South
Union Avenue. North and South of East Berkshire Road. Project Design Consultants, representing
Lenox Homes, the property owner, proposes to change the zoning from Suburban Residential to
Estate Residential on 33 acres, and from Suburban Residential to Low Density Residential on 67
acres. No one spoke in opposition to the request at a public hearing conducted by the Planning
Commission, who then recommended approval. Annexation is proposed for this area.
Item 13b. General Plan Amendment/Zone ChanGe on 17 Acres Located AlonG the North Side of East
Berkshire Road. Generallv East of South Union Avenue. SmithTech/USA Inc., representing Jean
Ollivier, et ai, the property owner, has applied for this amendment to permit the development of single-
family residential units. No one spoke in opposition to the request at a public hearing conducted by
the Planning Commission, who then recommended approval. Annexation is proposed for this area.
Item 13c. General Plan Amendment and Zone ChanGe on 80.24 Acres Located at the Southeast
Corner of Seventh Standard Road and Jewetta Avenue (Future\. SmithTech/USA, Inc., representing
Michel Etcheverry, the property owner, proposes to increase the maximum residential density on the
site from 4 units per acre to 7.26 units per acre. No one spoke in opposition to the request at a public
Agenda Highlights
August 17, 2005
Page 4
hearing conducted by the Planning Commission, who then recommended approval. Annexation is
proposed for this area.
Item 13d. General Plan Amendment on 58 Acres Located North of State Route 178. ADDroximatelv
600 Feet East of the Intersection of Mornino Drive and Panorama Drive. Cal-Kern Development, LLC,
the property owner, has proposed this amendment. The land use designation of the subject property
would be consistent with the property's current R-1 zoning. The project site consists of the Muir
Lease area of the Kern Bluff Oil Field. It is the opinion of a geologist that the lease area lacks the
necessary remaining oil reserves for the establishment of any significant commercial oil production.
Therefore, the proposed amendment and the subsequent development of the project site would be
consistent with the General Plan policy.
The Sierra Club raised their typical concerns during the Planning Commission's public hearing.
Susan Zimmerman, representing the Afana family, a neighboring property owner, also provided
testimony. She voiced concerns over a business relationship between the applicant and the mineral
rights owner that may interfere with development of the property. Staff's position is that this issue
has no bearing on the appropriateness of the proposed amendment and that it is a private matter
between the affected parties that should be handled outside the City process. The Planning
Commission recommended approval of the amendment.
Item 13e. General Plan Amendment on 11.58 Acres Acres, and Zone Chanoe on 12 Acres, Located
on the North and South Sides of Panorama Drive. ADoroximatelv Y2 Mile East of Fairfax Road. The
Keith Companies, representing Panorama Highlands Development, has proposed a General Plan
amendment and zone change from Open Space - Park to Low Density Residential on 11.58 acres on
the north side of Panorama Drive and from High Density Residential to Low Density Residential on 12
acres on the south side of Panorama Drive. The applicant proposes to develop the site and adjacent
vacant property with single-family residential homes and a staging area for the Northeast Bakersfield
trails system. The staging area to be constructed by the applicant would be located about Y2 mile
north of Panorama adjacent to the tower line easement that is located along the west side of the
project site. In addition, the trail would be extended from Panorama north through the tower line
easement to the staging area.
There is a lack of neighborhood support to form the required maintenance district to develop the
existing park site. The proposed staging area would provide a needed recreational facility for the
neighborhood and eliminate a park site that would never likely be developed. There was one letter
submitted in opposition to the proposal. The Planning Commission recommended approval of the
General Plan amendment and zone change.
Item 13r. General Plan Amendment to the Circulation Element and is Adootina a Soecific Plan Line
for the Washinoton Street Alionment. The Public Works Department has requested a change to the
Washington Street alignment to address issues with an existing golf course and provide a distinct
separation between urban development and the Waste Water Treatment Plant. Washington Street is
a Collector (4 lane facility) which is not yet constructed. This portion of Washington Street is between
Casa Loma Drive and East Pacheco Road. This area has seen considerable development activity in
the form of entitlements acquisition (GPA, Zone changes). The existing alignment now runs through
the middle of an existing golf course and it appears unlikely that it could ever be built. No one spoke
in opposition to this proposal at the planning Commission meeting.
Item 13g. General Plan Amendment/Zone Chanoe on 41.89 Acres Located on the Southeast Corner
of Panama Lane and Buena Vista Road. SmithTech USA, Inc., representing Kevin Pascoe, the
property owner, proposes to change the land use designation from R-IA (Resource Intensive
Agricultural) to LR (Low Density Residential), and a zone change from County A (Agriculture) to R-1
Agenda Highlights
August 17, 2005
Page 5
(One Family Dwelling. Concerns were raised about road improvements to Panama Lane and
Buena Vista Road, landscaping/streetscaping and the effects improvements immediately adjacent to
their property will have on properties. The applicant met with the concerned citizens and negotiated
an oral agreement between them. Staff recommends approval of the GPA/ZC. This site is in the
process of being annexed to the City.
HEARINGS
Item 14a. General Plan Amendment/Zone Chance on 82.5 Acres Located Alonc the North Side of
Snow Road, Generallv Between Allen Road and Callowav Drive. This item was continued by the City
Council at their March 9, 2005 meeting. Pacific Engineering, Maurice Etchechury, on behalf of James
Etcheverry, et. al. proposes to develop single-family dwellings on lots with a minimum size of 6,000
square feet. After considerable public debate, the Planning Commission recommended denial of the
case. The applicant appealed this decision.
Commissioner Ellison and Joseph Austin, from the Department of Oil Gas and Geothermal
Resources, wanted drilling islands set aside for "conservation purposes." Commissioner Ellison voted
against this project and the adjacent project fronting Snow Road on the grounds that these projects
"are a gateway to converting agricultural land and an oilfield." The area is designated for residential
development in the Metropolitan Bakersfield General Plan. Residential development does not
preclude mineral resource extraction. In fact. existing residential developments have been built
within active oil fields. Staff is recommending overriding the Planning Commission's decision and
upholding the appeal.
Item 14b. General Plan Amendment/Zone Chance and Tentative Tract 6352 Located Between State
Routes 178 and 184. East of Vineland Road. David Pitcher, representing Eagle Meadows, proposes
to develop a single-family residential subdivision. The GPA/ZC to change the open space designation
to residential affects only 2.7 acres of the 156-acre project area. The project includes 26 acres of
open space located between the proposed residential lots and Mesa Marin Raceway. This open
space area south of the ball diamonds will be dedicated to the City for open space and park use. The
tract map provides a local north/south street between the open space and the residential lots that will
facilitate circulation when the adjacent segment of Highway 178 becomes an arterial street due to the
opening of the new Highway 178 alignment.
The Planning Commission conducted a public hearing on this GPA/ZCfTentative Tract 6352 and
recommended approval. The Sierra Club spoke in opposition to the project. A response to the
comments contained in the appeal letter is attached to the administrative report.
The project is consistent with the Metropolitan Bakersfield General Plan. Therefore, it is
recommended the appeal by the Sierra Club be denied, the EIR be certified, the project be approved
subject to conditions and mitigation measures outlined in the resolutions and ordinance.
Item 14c. General Plan Amendment/Zone Chance for Aooroximatelv 617 Acres Generallv Bounded
bv the Rio Bravo Countrv Club Prooertv on the North. with Comanche Drive Located to the West. and
Breckenridce Road to the South. GFC Properties proposes development of up to 1,300 single- and
multi-family residential units. This project also includes consideration of annexation into the City. The
proposed project is situated within the City's current Sphere of Influence boundary.
The project includes a Land Use Element Amendment to modify the General Plan designation from R-
EA (Resource - Extensive Agriculture) to LR (Low Density Residential) and LMR (Low Medium
Density Residential). The proposal will also accommodate a future park site with an adjacent fire
station anticipated to be located on Chase Avenue in the northwestern portion of the site.
Agenda Highlights
August 17, 2005
Page 6
The Circulation Element Amendment will result in the elimination of one unnamed collector street
segment extending from Chase Avenue within the project site and the reclassification of a separate
unnamed collector street extending from Miramonte Drive connecting to the Rio Bravo Country Club,
to a local street designation.
The concurrent zone change is from A (Agriculture) to R-1 (One Family Dwelling) and R-1-HD (One
Family Dwelling - Hillside Development Overlay) on 600-acres and R-2 (Limited Multiple Family
Dwelling) and R-2-HD (Limited Multiple Family Dwelling - Hillside Development Overlay) on 17-acres.
The Sierra Club spoke in opposition to the project at-the Planning Commission hearing. Responses
to the Sierra Club's concerns are contained in the "Responses to Comments" Section of the EIR. The
Planning Commission conducted a public hearing on this GPA/ZC and recommended approval.
Item 14d. General Plan Amendment on 2.83 Net Acres and Zone Chance on 2.04 Net Acres Located
on the East Side of Wible Road Accroximatelv 200 Feet South of Berkshire Road. Jimmy and Robin
Tabangcora have appealed the Planning Commission's decision to approve Gerald Almgren's (Kern
Delta Land Development Corp.) proposal to change the land use designation from LMR (Low-Medium
Density Residential to HMR (High-Medium Density Residential). The project is in an area with several
recently developed or developing single-family residential tracts. The nearest developed multiple
family residential is approximately one mile away. Allowing additional multiple-family housing
opportunities in the area will increase the variety of residential types and densities to be more
consistent with that available on a Citywide basis.
Issues and concerns were raised by surrounding neighbors at the time of Planning Commission
meeting. The item was continued from June 16,2005 in an effort to allow the project applicant and
affected neighbors to meet and attempt to resolve concerns. Two sets of additional conditions were
drafted and agreed upon by both parties. The appellants have voiced concerns over the conditions
agreed upon between the applicant and neighborhood representatives mentioned earlier and feel they
are not representative of the desires of the neighborhood as a whole. Staff recommends approving
the proposed GPA/ZC.
Item 14e. Amendment of the City of Bakersfield's Schere of Influence (SO ). Accroval of Ucdated
Municical Services Review (MSR) and Adoction of a Necative Declaration. The Sphere of Influence
was last amended in 2004. During the LAFCO hearing, the City indicated its intent to process an
amendment that acknowledged the Metropolitan Bakersfield General Plan as the City's probable
physical boundary and service area. Also, the Commission directed the City to amend the SOl to
include an island created by the last amendment. This proposed amendment accomplishes both
tasks. Because of Bakersfield's unprecedented growth, it is necessary to amend the SOl in order to
provide adequate area for future expansion.
The current proposal is to amend the SOl by approximately 71,576 acres (or 111.8 square miles) to
accommodate on-going urban growth and development. The acreage added to the City's SOl will
remain under the jurisdiction of Kern County until such time as annexation proposals are processed
through LAFCO. All of the SOl Amendment Areas are included in this current application, except for
portions of the West and Southwest SOl Amendment Areas. These two Areas were modified since
the MSR Update was completed, and excludes 8,988 acres included in the Kern Water Bank and
Kern County Water Agency water recharge areas. These water banking activity areas were excluded
at the request of these same water agencies. Although excluded for the proposed SOl Amendment,
these areas are still within the boundaries of the Metropolitan Bakersfield General Plan.
Agenda Highlights
August 17, 2005
Page 7
LAFCO is required to conduct a Municipal Services Review (MSR) prior to, or in conjunction with, the
update of an SOL The MSR demonstrates the City can provide all necessary urban services. This
MSR Update is a supplement to the August 2004 MSR.
The City conducted an Initial Study to assess the potential environmental impacts and identify any
appropriate mitigation measures associated with the proposal. The result of that work is a proposed
Negative Declaration. The City of Bakersfield is both project proponent as well as the Lead Agency
for the proposed prOject. LAFCO will rely upon this document in approving the request.
Comments were received from the following agencies: Bill Turpin, LAFCO Executive Director;
Department· of Conservation; East Niles Community Services District; Kern County Waste
Management; Kern County Water Agency; Kern Delta Water District; Kern Water Bank Authority; and
North of the River Recreation and Parks District. Where required, a response has been provided to
the commenting agency.
The City has determined that the proposed Amendment will not have a significant effect because the
SOl doesn't make any change that would have a significant effect on the physical environment. An
SOl doesn't pinpoint development activity like a General Plan land use map, but only establishes the
probable physical boundary and service area consistent with the Metropolitan Bakersfield General
Plan boundary.
Approved:
John W. Stinson, Á1 o.v
Assistant City Manager \.\ IJJ'/
cc: Department Heads
Rhonda Smiley, Public Relations
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
July 26, 2005
SUBJECT: Report on the Sale of the City Farm
AGENDA SECTION: Workshop
ITEM: 3. 0..
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
«:ED
t/?-
()l.J?
RECOMMENDATION:
BACKGROUND:
City Manager, Alan Tandy will give an update report on the sale of the City Farm.
AT:al
July 26, 2005, 1 0:28AM
S:lAdmin Rpts\2005\City Farm Sale 081705.dot
. ~ ________.'.__ __ ___._u_~
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ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Closed Session
ITEM: ~.a..
TO:
FROM:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
July 26, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/r;
DATE:
(/I~
~
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
Anthony Campbell, et a/ v. City of Bakersfie/d, et a/.
USDC, Eastern District, Case No. CIV-F-04-5585 AWl TAG
VG:do
S:\COUNCIL\CI Sess\Admins\2005\08-17 -05ExisUit.doc
July 26. 2005. 3:44PM
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Closed Session
ITEM:". b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
August 4, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡¿ìJ!~
12/nIL
MAYS
SUBJECT:
Conference with Legal Counsel- Potential Litigation (one case)
Closed session pursuant to subdivision (b)(1 )(3)(B) of Government Code section 54956.9.
Surrounding Objections to GPAlZC 04-1704
VG:do
S:ICOUNCILICI SesslAdminsI2005108-17-05 Surround Object.doc
August 4. 2005. 3:59PM
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Presentations
ITEM: t1,CL
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DATE:
Alan Tandy, City Manager
August 9, 2005
DEPARTMENT HEAD
CITY ATTORNE'l1D {6t Vb
CITY MANAGER
SUBJECT: Presentation by Mayor Hall and the City Council to Congressman Bill Thom s in
appreciation for securing federal highway funding for five major local transportation projects
RECOMMENDATION:
BACKGROUND:
August 9, 2005, 2:03PM
ShellCommunityContribution
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: l~ .a.,
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAW
CITY ATTORNEY
CITY MANAGER ~
SUBJECT: Approval of minutes of the July 20, 2005 Council meeting.
FROM:
Pamela McCarthy, City Clerk
DATE:
July 8, 2005
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
_.~-_..~.. _.~.~....-.._----_._-,.~_. .----- ----_. ..--..
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I a, b,
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD A/'.:S
CITY ATTORNEY ~ _
CITY MANAGER ólJ7
FROM:
DATE:
Nelson K. Smith, Finance Director
August 5, 2005
SUBJECT: Approval of department payments from July 8, 2005 to August 4, 2005 in the amount of
$14,023,342.08 and self insurance payments from July 8, 2005 to August 4, 2005 in the
amount of $1,340,271.57.
RECOMMENDATION:
Staff recommends approval of payments totaling $15,363,613.65.
BACKGROUND:
klg
August 5. 2005, 1 :03PM
S:\KimGIFonns & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent
ITEM: la.c...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
July 21,2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
5£--
(d);W
61LTS
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map
NO.1 04-17) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from and R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on
100.16 acres located on the southwest corner of Panorama Drive and Masterson Street,
(File # 05-0298) (Ward 3)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On July 7, 2005, the Planning Commission held a public hearing and recommended approval of this
zone change to allow a single family residential development located on the southwest corner of
Panorama Drive and Masterson Street in the City in the Hills development. The development
includes 421 lot single family lots with a 0.95 acre private recreation area, several lettered lots for a
landscaped paseo extending south from the private park through the project. The private recreation
area consists of a swimming pool, spa, rest rooms and landscaped area. The net density is 5.55
units per net acre, which is consistent with the Low Density Residential designation of the project
site. The streets are proposed to be constructed to City standard and be publicly maintained.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
A concurrent tentative tract map (#6498) was approved by the Planning Commission on July 7,
2005 that reflects the plan proposed by this PUD zone change.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. A negative declaration was prepared in accordance with CEQA.
Mitigation measures included in the conditions of approval that reduce the following impacts to less
than significant: air quality, aesthetic, biological resources, cultural resources, hazardous materials,
stormwater drainage, and water impacts,
J Eladminl8-17 -0298
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent
ITEM: la.d,
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
¿;;--
~
DATE:
July 22, 2005
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map
No. 104-17) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from and R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on
183.84 acres to allow a gated street seniors development generally located between
Paladino and Panorama Drives, Masterson Street and Vineland Road, (File # 04-1572)
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading on July 20, 2005.
On June 2, 2005, the Planning Commission held a public hearing and recommended approval of
this zone change to allow a 751 lot development for seniors located between Paladino and
Panorama, Vineland and Masterson in the City in the Hills development. The private gated street
development includes traditional single family residential lots and small lots similar to "zero-lot" line
lots. Lots sizes range from 3,600 to 8,000 square feet. A 7.5 acre recreational facility is the focal
point of the neighborhood. A "lodge" (community building), swimming pool, outdoor game courts,
and extensive landscaping are proposed. Paseos (greenbelts) connect the neighborhood to the
recreational facility. All internal streets, parks and landscaping are private and will be privately
maintained. The net density is 5.5 units per net acre, which is consistent with the Low Density
Residential designation of the project site.
No one spoke in opposition to the project.
A concurrent tentative tract map (#6444) was approved by the Planning Commission on June 2,
2005 that reflects the plan proposed by this PUD zone change.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. A negative declaration was prepared in accordance with CEQA and
submitted to the State Clearinghouse (# 2005031095) for a 30-day review, which began on March
18, 2005 and ended on April 18, 2005. No comments were submitted to the State Clearinghouse.
JElAdmin\8-17-1572
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent
ITEM: Id.. e..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
APPROVED
DEPARTMENT HEAD r~
CITY ATTORNEY ~
July 15, 2005
CITY MANAGER
ó1J:>
SUBJECT: Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 102-05 from an A (Agriculture) to E (Estate) on 98.7± acres,
located on the southeast corner of Calloway Drive and Etchart Road (Applicant:
SmithTech U.S.A., Inc.). (ZC 05-0221) (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was conducted on July 20, 2005.
On June 2, 2005 the Planning Commission adopted Resolution No. 68-05 recommending
approval of a Zone Change from an A (Agriculture) zone to an E (Estate) zone on 98.7± acres.
The zone change would allow for development of single family homes.
The public hearing was originally scheduled for May 19, 2005, but was continued to the
June 2, 2005 Planning Commission hearing to clarify issues related to Etchart Road. These
issues were resolved to the satisfaction of the neighborhood and the applicant agreed to all
conditions of approval.
No significant environmental impacts related to this project were identified and a Negative
Declaration is recommended for adoption. Staff recommends adoption of the ordinance
approving the zone change.
LP
Admin\8-17-0221-2nd
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I~.f-.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
MOVED
,
~
(\1.J7
DATE:
August 2, 2005
SUBJECT: Assessment District No. 05-3, (Liberty IINillage GreenfTesoro-Encanto/Lin/Rider/Diamond
Ridge). (Wards 4,5 and 6)
1. Resolution Approving Boundary Map
2. Resolution of Intention 1398
3. Resolution Accepting Petition and Determining to Undertake Special Assessment
Proceedings.
4. Agreement with Wilson & Associates for Assessment Engineering.
5. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services.
6. Agreement with Pillsbury Winthrop Shaw Pittman, LLP, Disclosure Counsel, for
legal services.
RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this
proposed assessment district.
The proposed district has six distinct subareas as follows:
1. Libertv II: This subarea is located at the northeast corner of Ashe Road and Panama Lane
and is planned for new residential and commercial development. It is proposed that the
improvements for this subarea will be constructed by the developer (Castle & Cooke
California, Inc.), with acquisition of the improvements upon completion. The improvements
include construction of off-site street, block wall and water line improvements in Ashe Road
and Panama Lane for Tract 6475.
2. Villaae Green: This subarea is located southwest of the intersection of Stockdale Highway
and Renfro Road between the highway on the north and the Kern River on the south and is
planned for Residential development. It is proposed thatthe improvements for this subarea
will be completed by the developer (Castle & Cooke California, Inc.), with acquisition of the
improvements upon completion. The improvements include construction of a waste water
August 5. 2005. 11 :36AM
Document1
ADMINISTRATIVE REPORT
lift station, sewer lines, water lines, street improvements and traffic signal in Stockdale
Highway and a 12" water main and street improvements along Renfro Road for Tract 6448.
3. Tesoro-Encanto: This subarea is located northwest of the intersection of Buena Vista Road
and Panama Lane and is proposed for new residential development. It is proposed that the
improvements for this subarea will be constructed by the developer (Centex Homes), with
acquisition of the improvements upon completion. The improvements include construction
of the west half of Buena Vista Road with median, utility trenching, block wall, and 12" and
8" water main along Buena Vista Road and the south half of Pensinger Road with utility
trenching, block wall along Panama Lane for Tract 6349.
4. Lin: This subarea is located northwest of the intersection of Allen Road and Noriega Road
and is proposed for new residential development. It is proposed that the improvements for
this subarea will be constructed by the developer (Lennar Homes of California), with
acquisition of the improvements upon completion. The improvements include the
construction of the west half of Buena Vista Road and the north half of Noriega Road, curbs
and equestrian trail to be constructed along the Noriega Road frontage, sewer, storm drain
line in Allen Road, block wall along both frontages of Tract 6289.
5. Rider: This subarea is located northwest of the intersection of Stine Road and Taft
Highway, between Taft Highway on the south and McKee Road on the north and is
proposed for new residential development. It is proposed that the improvements for this
subarea will be constructed by the developer (Lennar Homes of California), with acquisition
of the improvements upon completion. The improvements will be the west half of Stine
Road, the south half of McKee Road, the east half of Mountain Ridge Roads and also
including sidewalk, sanitary sewer, storm drain and block wall for Tract 6290.
6. Diamond Ridae: This subarea is located one half mile west of Stine Road and Y. mile east
of Ashe Road, between McCutchen Road on the north and McKee Road on the south and
is proposed for new residential development. It is proposed that the improvements for this
subarea will be constructed by the developer (Dunmore Diamond Ridge, LLC), with
acquisition of the improvements upon completion. The improvements will be sewer,
sidewalk, block wall, cross gutters and storm drains for Tract 6332.
The primary motive for combining six subareas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the property owners.
It is intended to provide financing for all improvements in a single bond issue.
Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
Jas
August 5. 2005. 11 :36AM
Document1
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1 ,
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover
Director of Recreation and Parks
DEPARTMENT HEAD
APPROVED
DL-lf
DATE:
August 4,2005
CITY ATTORNEY
CITY MANAGER
ßìJ1A
.
ó1.JS
SUBJECT: Resolution determining that playground equipment and structure components for
Quailwood Park and Campus Park North cannot be obtained through the usual bidding
procedures and authorizing the Finance Director to dispense with bidding therefore, not to
exceed $102,000 (Wards 2 & 5).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
Over the past several years, the Recreation and Parks Department has been replacing outdated
playground equipment in the parks. In addition, individual component structures have been removed due
to vandalism and/or the inability to obtain replacement parts.
The Department has standardized the equipment utilizing PlayWorld structures. Due to the need to
successfully integrate new playground equipment into the existing City system, the equipment can only be
obtained from PlayWorld. This equipment to be purchased will be funded by Capital Outlay Funds
currently in the 2005/2006 Capital Improvement Program budget.
Quailwood Park and Campus Park North were selected to receive various component structures.
Quailwood Park will receive a new play structures for 2-5 year olds and 5-12 year olds. In addition, a
community meeting is scheduled for Tuesday, August 9, at Quailwood Park to allow input from the
residents on what type of equipment to install. Campus Park North will receive a rock block climbing wall,
crescent climber, two slides, a turbo tower, and signage.
Construction will occur during the fall/winter months, which is with the least amount of disruption to the
public.
August 9. 2005, 11 :30AM
S:\2005 AdminslQuailwood_Campus No Admin 8-05.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I;¡.h.
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD Ii!--
CITY ATTORNEY~
TO:
DATE:
August 2, 2005
CITY MANAGER
ðlJ>
SUBJECT: Resolution adding territory, Area 1-58 (Snow, Verdugo 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. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On July 20,2005 the Council adopted Resolution of Intention No. 1393 to add territory,
Area 1-58 (Snow, Verdugo NW), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping for Tract Map No. 6361. Area 1-58 is generally bounded by a line
approximately 1,320 feet north of Etchart Road on the north, Verdugo Lane on the east, Snow Road on
the south and the Friant-Kern Canal on the west. This area will be under the streetscape zone of benefit
and will be assigned the appropriate tier ievel when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD1-58_Est
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I;:}, i.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
(({;ß
DATE:
August 2, 2005
SUBJECT: Resolution adding territory, Area 3-35 (Hosking, 99 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 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On July 20,2005 the Council adopted Resolution of Intention No. 1394 to add territory,
Area 3-35 (Hosking, 99 SW), to the Consolidated Maintenance District as required by Section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a park and street landscaping for Tract Map No. 6353. Area 3-35 is generally bounded by Hosking
Avenue on the north, Highway 99 on the east, Macau Street on the south and a line approximately 660
feet west of Hughes Lane on the west. This area will be under the park and streetscape zones of benefit
and will be assigned the appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consoiidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
M03-35_Est
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ. ¡.
'-J
TO:
Honorable Mayor and City Council
DATE:
August 3, 2005
CITY ATTORNEY
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
ó1J7:,
SUBJECT: Resolution of Intention No. 1395 to add territory, Area 3-36 (Hughes, McKee SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 7).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6362 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-36 is generally bounded by McKee Road on the north, a
iine approximateiy 175 feet west of Highway 99 on the east, a line approximately 1,320 feet south of
McKee Road on the south and Hughes Lane on the west. This area will be under the park and
streetscape zones of benefit and wiil be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owners of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also
has submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and wiil be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 3.2005, 10:41AM
MD3-36Ri05
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ.. 1(.
TO:
Honorable Mayor and City Council
DATE:
August 3, 2005
CITY ATTORNEY
CITY MANAGER--6LJ7
APPROVED
fYC
/dììl4
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Resolution of Intention No. 1396 to add territory, Area 3-37 (Panama, Buena Vista NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6349 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-37 is generally bounded by Pensinger Road on the north,
Buena Vista Road on the east, Panama Lane on the south and a iine approximately 1,320 feet west of
Buena Vista Road on the west. This area will be under the park and streetscape zones of benefit and will
be assigned appropriate tier levels when a park has been constructed and street landscaping has been
installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 3. 2005. 11:14AM
MD3-37Ri05
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: \.;1, I.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ø~ ~
CITY ATTORNE/f(JI)ib.i
.
CITY MANAGER (\JJ)
Raul M. Rojas, Public Works Director
August 3, 2005
SUBJECT: Resolution of Intention No. 1397 to add territory, Area 2-30 (Stockdale, Renfro SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6448 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 2-30 is generally bounded by Stockdale Highway on the
north, South Renfro Road on the east, a line approximately 2,690 feet south of Stockdale Highway on the
south and a line approximately 1,310 feet west of South Renfro Road on the west. This area will be under
the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has
been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 3, 2005. 11 :05AM
MD2-30Ri05
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: \~. rYI.
TO:
FROM:
Honorable Mayor and City Council
~ROVED
DEPARTMENT HEAD /1, ~
¡
CITY ATTORNEV7dÐ r6Jt /ZI115-
CITY MANAGER ólJ'S
Raul M. Rojas, Public Works Director
DATE:
August 10, 2005
SUBJECT: Resolution of Intention No. 1381 to order the vacation of "0" Street between Truxtun
Avenue and 17th Street in Section 30, T.29S., R.28E., M.D.M. The vacation of this street
and alley will be contingent upon GSA's award of contract to TACT Development for the
development of the Federal Courthouse project. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
On June 24,2004 the U.S. General Services Administration (GSA) issued a Solicitation for Offers for office
space in Bakersfield, to locate the U.S. District Courts (including Magistrate, Probation, and Pretrial) and
U.S. Marshals Service. The GSA would like to lease approximately 30,000 square feet of space with
secured parking spaces to facilitate a Federal Courthouse. Originally, the GSA indicated the downtown
area should not be considered for the facility due to potential "site control" issues when this type of project
involves an entire city block. City staff lobbied to have the downtown area considered for the facility, which
the GSA agreed to. Developers have submitted four sites to the GSA, two of which are located downtown.
TACT Development LLC has submitted a project proposal to GSA to construct the facility. TACT is a
partnership of Phillip & Pam Ganong (owners of the majority of property within their proposed site) along
with David Rosenfeld a partner within the national development company Urban Partners LLC. This
partnership has contracted with Gruen Associates, a national design firm that has completed a number of
similar and larger projects for various government organizations (i.e. Fresno U.S. Courthouse). This
development team has a long history of successfully completing government construction projects, and
has the financial capability of financing the proposed project estimated to be valued at approximately $18
Million. TACT is proposing a three story facility fronting Truxtun Avenue, with underground restricted
parking, and public surface parking. Public access is off Truxtun, with staff access from 17th Street. The
site layout would require abandonment of 0 Street and the alley within the site.
The TACT site straddles 0 Street at Truxtun Avenue. TACT owns or has options on all the properties east
of 0 Street. They are continuing to secure options on two other parcels needed to complete their site
control. One of the GSA's criteria for project site selection is the ability of a Developer to demonstrate site
control. TACT has requested the Bakersfield Redevelopment Agency (AGENCY) to consider
condemnation of the properties, if necessary, to allow the acquisition of the entire block. The Agency
executed an agreement with TACT to provide this type of assistance in order to show GSA the appropriate
August 10, 2005, 10:49AM
G:\GROUPDAl\ADMINRPT\2005\0~07\ROI1381 Admin.doc
ADMINISTRATIVE REPORT
"site control". There are approximately 18 businesses that would require relocation from this proposed site
should it be selected by GSA. If the site is selected, the developer will be required to assist in the
relocation of any business under the Federal Relocation guidelines. GSA also requires evidence of "site
control" of 0 Street, which is part of the proposed site layout. As such, the developer must request its
abandonment and closure by the City.
However, the vacation of this street and alley will be contingent upon the General Services Administration
(GSA) awarding the contract to TACT Development for the development of the Federal Courthouse project.
in that if GSA doesn't select the TACT site (which is competing against three other sites) the City will not
move forward with the abandonment and closure of the section of 0 Street.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request. Public Works notes that there is a 16" City sewer main in the vacating
area which the applicant must relocate as a condition for completion for the said vacation.
The utility companies serving the area have been notified by mail and none have indicated objection as of
the date of this report.
All property owners within a radius of 300 feet of the vacating area have been mailed a preliminary notice
of the proposed vacation and some have indicated their objections.
The proposed vacation was heard by the Planning Commission at its meeting of May 5, 2005, and was
found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code
65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of September 28, 2005, on
the proposed vacation.
August 10, 2005, 10:49AM
G:\GROUPDAT\ADMINRPT\2005\09-07\ROI1381 Admin.doc
-.-.--.----- ~-~---~~.-
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: l.;}.. n.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNE'yBtf Ft. Ems..
CITY MANAGER ~
FROM:
Raul M. Rojas, Public Works Director
DATE:
July 25, 2005
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreements with Bakersfield Panorama L. P., for Tract 6193
Phase 1 located easterly of Kern Canyon Road and north of Chase Avenue. (Ward 3)
(2) Improvement Agreement with Kern-HH&R Partners, for Parcel Map 10898, located south of
Riverlakes Drive and west of Coffee Road. (Ward 4)
(3) Final Map with Laurelglen Realty, LLC, for Tract 6348 located north of North Half Moon
Drive and west of Ashe Road. (Ward 5)
(4) Final Map for Tract 6118 Unit 6 and Agreements for Tract 6118 Units 6, 7, and 8 with
Centex Homes. Tract 6118 is located south of Snow Road and west of Old Farm Road.
(Ward 4)
(5) Final Map for Tract 6195 Unit 5 and Agreements for Tract 6195 Units 5, 6, 7, and 8 with
Centex Homes. Tract 6195 is located south of Snow Road and east of Allen Road.
(Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
August 4. 2005. 3:06PM
G:\GROUPOAT\AOMINRPTì2005\OB-17\MAP AND IMPROVEMENT AGR.dot
.' ...__--'~. ____n_ ~__'"..._...._.__'_____ ___"_.__"
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: la.a.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
APP¿VED
If
¡/(;.-
(){Js
DATE:
July 18, 2005
CITY ATTORNEY
SUBJECT: Agreement with Union Pacific Railroad (Ward 2):
1. Agreement with Union Pacific Railroad for improvement of the Baker Street crossing
of the Union Pacific tracks for an estimated cost of $99,855.
2. Void existing Agreement No. 05-028 with Union Pacific Railroad for same crossing.
RECOMMENDATION: Staff recommends approval of new agreement and voiding the old agreement,
BACKGROUND: On January 26, 2005 the Council approved Agreement No. 05-028 with Union Pacific
Railroad for this crossing upgrade. Subsequently, staff was informed by Union Pacific Railroad (UPRR)
that their original estimate of $85,271 was in error. Since this agreement was originally initiated by UPRR,
after being signed by the City, the agreement was mailed back to UPRR for their signature. In their review
of the agreement they used the 2005 labor and material rates whereas the original estimate was based
upon the 2004 labor and material rates. UPRR then created a new page one of the agreement reflecting
the current rates with the revised estimated construction cost of $99,855. The City accepts their revised
estimate as being reasonable and a benefit to the citizens of Bakersfield.
Following is summary of estimated cost changes:
Estimate Dated Labor
12-03-2004 $42,787
03-18-2005 $55,752
Net Increase $12,965
Materials
$42,484
$44,103
$ 1,619
Total
$85,271
$99,855
$14,584
PW / ENGR. WGM
July 19. 2005. 10:57 AM
G:\GROUPDAT\ADMINRPT\2005\OB-17\Union Pacific Railroad Agreement M Baker Street.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: la. p.
.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~
Dianne Hoover,
Director of Recreation and Parks
DATE:
August 4, 2005
CITY ATTORNEY
CITY MANAGER
¡?¡N
ó7.lJ)
SUBJECT:
Agreement with J. Stanley Antongiovanni in an amount not to exceed $1.00 per year for
three years for J. Stanley Antongiovanni to rent a future city park site (located North of
Hosking Road, east of Ashe Road, and south of Berkshire Road) for farming purposes.
0Nard 6)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: On April 21, 2005, the Planning Commission approved Vesting Tentative Tract 6387
located at the southeast corner of Section 27, Township 30 South, Range 27 East and required a 15-acre
park as a condition of approval. The park site is located on the east side of the future alignment of
Mountain Ridge Drive, North of Hosking Road, east of Ashe Road, and approximately 825 feet south of
the future alignment of Berkshire Road.
On June 8, 2005, City Council approved the dedication of the 15 acres for a future park site with Old River
Land Company per agreement #05-213. The appropriation of $2,000 for escrow fees was also approved
at that time.
While the area is undeveloped, J. Stanley Antongiovanni will rent and farm the future park site from the
city for $1.00 per year for three years. It is not anticipated that the park site will be improved within the
three-year term of the lease as no residential housing currently exists within a half mile; however, should
development occur at a more rapid pace than anticipated and improvement funds become available, the
agreement can be terminated with a 90-day notice.
August 9, 2005, 12:44PM
8:\2005 Admins\Antongiovannifarmadmin.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO:
Honorable Mayor and City Council
DATE:
August 4, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
f)L II
MM-
610
FROM:
Dianne Hoover
Director of Recreation and Parks
DEPARTMENT HEAD
SUBJECT: 1) Agreement with Total Concept Landscape Architecture to provide design services in
an amount not to exceed $20,000 for conceptual planning of the Mesa Marin Softball and
Soccer Recreation Complex (Ward 3).
2) Appropriate $20,000 Park Improvement Fund Balance, (Northeast-Zone 3), for
Mesa Marin Design Services.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: The city acquired the Mesa Marin Sports Complex in November of 2001. Unfortunately,
the complex is not in a condition to program at this time. The city has identified 2.5 million dollars for the
major development of this facility and would like to create, develop and implement a long-term plan for the
Mesa Marin ballfields and an approximate 20-acre parcel adjacent and to the west of the Complex that is
required to be dedicated to the city as a condition of approval for Vesting Tentative Tract 6352.
Some of the development options include improving the ballfields for children and adult programming,
sports lighting, concessions, restrooms, a playground, a wet playground, skate park, soccer and additional
field sports.
August 9, 2005, 11 :53AM
8:\2005 Admins\Varoninadmin.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17,2005
AGENDA SECTION: Consent Calendar
ITEM: \;;t. r'.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~ 4<-
CITY ATTORNEf' 1..4
Raul M. Rojas, Public Works Director
DATE:
July 26, 2005
CITY MANAGER
~
SUBJECT: Bakersfield Municipal Airport Ground Lease with John Harmon for purposes of constructing
a restaurant at the Bakersfield Municipal Airport (Ward 1).
RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND: This Administrative Report is for a ground lease with John Harmon (Lessee) for the
purpose of constructing and maintaining a restaurant at the Bakersfield Municipal Airport.
As background, the existing restaurant building was damaged by fire on December 12, 2000, and has
since been vacant. Staff has begun the demolition process by gutting the inside of the building and
removal of asbestos by a contractor. Utilities are currently being relocated to facilitate demolition of the
structure. The Lessee will construct a 6.400 square foot restaurant with a maximum capacity of 225
persons, including a banquet room that will accommodate 100 people. The Lessee will be investing
$400,000 of his own funds in the restaurant for building construction, decorations, furniture, fixtures, and
equipment.
The term of this agreement is for a period of thirty years with the option of two 10-year extensions. The
lease term begins January 1, 2006 to provide time for the City to demolish the existing building and the
Lessee to prepare building plans and secure a building permit. As an incentive for the Lessee, the first five
years will be rent free, after which the land lease will generate $200 per month in revenue for years five
through ten. After the tenth year, a fair market appraisal of the land lease will be made to determine the
rent amount, with this process being repeated every five years.
(bbu)
July 28. 2005. 2:16PM
G:\GROUPDAT\ADMINRPT\2005\OB-17\Airport Restaurant Ground Lease.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGEN~~ SECTION: Consent Calendar
ITEM: 1.../..5.
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
August 3,2005
APPROVED
DEPARTMENT HEAD~
CITYATTORNEY~
CITY MANAGER 61JS.
SUBJECT: Contribution Agreement with the Bakersfield Symphony Orchestra in the amount of $50,000
for Fiscal Year 2005-06
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND: As part of the FY 2005-06 Budget the City Council approved a contribution to the
Bakersfield Symphony Orchestra in the amount of $50,000. The agreement provides for payments for
the Bakersfield Symphony Orchestra for building rental and related expenses for concerts at the
Rabobank Arena, Theater and Convention Center.
August 8, 2005, 4:24PM
S:\Admin Rpts\2005\Symphony Agr 081705.dot
JWS:al
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent
ITEM: 1.1, +
TO:
Honorable Mayor and City Council
FROM:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~
DATE:
July 22, 2005
SUBJECT: Improvement Agreement: California Water Service Company Booster Station on Paladino
Drive (Ward 3)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND: California Water Service Company needs to construct a water booster station to
provide service to the growth areas in the northeast. They have purchased a site on Paladino Drive east
of Masterson Drive. Paladino Drive does not exist east of Masterson Drive, but is part of the required
improvements for approved Vesting Tentative Tract 6137. The improvement of Paladino Drive in front of
the booster station is also a requirement of the Site Plan Review for the CalWater Booster Station.
Because the improvements for Tract 6137 will be lagging behind the construction of the booster station,
CalWater must enter into an improvement agreement for that part of Paladino with the City of Bakersfield
in order to comply with the requirements of Site Plan Review.
The approval of this agreement will enable CalWater to complete their work on the booster station.
mps
July 28, 2005, 4:09PM
Document1
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: Id"u,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Virginia Gennaro, City Attorney
July 18, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
ÿ~
1/&
&A5S
SUBJECT: Amendment NO.1 to Agreement No. 05-130 with outside counsel, Marderosian, Runyon,
Cercone, Lehman & Anno for legal services in the matter of Anthony Campbell, et al v.
City of Bakersfield, et ai, USDC, Eastern District, Case No. CIV-F-04-5585 AWl
TAG, in the amount of $50,000, with a total contract amount not to exceed $100,000.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
In this matter, the City Attorney's office is seeking additional funds for outside representation. It
should be noted that we are not seeking additional appropriations of funds. In other words, the amount
below was budgeted and approved in the 05-06 fiscal year. Our ordinance, however, requires that a
department seek approval from the City Council for all expenditures over $25,000. We are requesting an
increment of $50,000 to be approved in this case. It may be that the case will resolve without expending
the approved amount.
This Amendment No. 1 to Agreement No. 05-130 would add $50,000 to the Not to Exceed
Limitation on compensation to result in a total Not to Exceed amount of $100,000.
GG:dll
S:\COUNCll\Admins\05-06 Admins\AttyRetainerAgrAmd2.Marderoslan.Campbell.dol
July 26, 2005, 12:54PM
-----_.--~
2(Îl7""j:
-.~:;/ ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2004
AGENDA SECTION: Consent Calendar
ITEM: lóL 1/,
TO:
Honorable Mayor and City Council
FROM:
Donna L. Kunz. Economic Development Director
APPROVED
DEPARTMENT HEAD @
CITY ATTORNEY ~ _
CITY MANAGER ó'LJ3
DATE:
July 13, 2005
SUBJECT: Economic and Community Development Loan Portfolio - Professional Services:
1) Amendment NO.3 to Agreement No. 01-018 with AmeriNational Community Services,
Inc. to add specific language to the existing agreement regarding the City's down-payment
assistance programs. (All Wards)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On January 17, 2001, the City entered into an agreement with United States Escrow Company (USE) to
provide escrow and related financial serJices for the City's Single Family Rehabilitation. Multi-Family
Rehabilitation, Commercial Loans. and Down Payment Assistance loan programs. This firm provides
billing and collection. handles notice of defaults and foreclosure if necessary. USE was purchased by
AmeriNational Community Services Inc. (ACSI) in 2002, and all rights and obligations were assigned by
the Council to ACSI in 2003 by way of Amendment NO.1. Since 2001. and based on staffs annual
performance monitoring of ASCI. they have been satisfactory in providing efficient and cost effective
support services to the City of Bakersfield.
On May 12, 2004, the City Council approved Amendment No 2 which: 1) extended the terms of the
agreement by two years from June 30, 2004 to June 30, 2006; 2) increased the annual fiscal year (not to
exceed) compensation from $15.000 to $17,000; and 3) employed ACSI to provide additional loan
underwriting/disbursement services and loan portfolio maintenance for two City programs (Bakersfield
Redevelopment Area Cleanup Efforts (BRACE) and Down Payment Assistance).
The purpose of the amendment is to add specific language detailing loan underwriting/disbursement
services and loan portfolio maintenance for two additional down payment assistance programs: 1)
American Dream Downpayment Assistance (ADDI) Program and 2) the Southeast Redevelopment Project
Downpayment Assistance. This agreement also refines the language relating to the duties requested of
ASCI for the existing downtown down-payment assistance program. No additional funding for these
services is being requested. All previous terms and conditions under the original agreement remain.
S :\Admins\City Council\AmerinationalAmendNo3Admin .doc
7/13/2005928 AM
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I~. w.
APPROVED
DEPARTMENT HEAD 91? ~ r¿fZ-..
CITY AHORNE! f2rM
CITY MANAGER ó71J7
SUBJECT: Amendment NO.1 to Agreement No. 04-293 increasing compensation by $1,500,000 (for a
revised not to exceed compensation of $3,000,000) with Granite Construction Company for
street materials for the Streets Division. (All Wards)
Honorable Mayor and City Council
TO:
FROM:
Raul M. Rojas, Public Works Director
DATE:
July 27,2005
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: At the time this agreement was approved, the budget situation remained uncertain, and
street maintenance staffing levels were still low. The need for this amendment reflects two things: the
Council's commitment to rehabilitate City streets through the addition of funds for staff and materials; and
the amount of work being done by the street maintenance crews. Staff estimates that the current contract
amount (dollars) will be exhausted before the contract expires and is requesting that the annual contract
with Granite Construction Company for street materials be increased by $1,500,000.
LP/dns
July 28. 2005. 9:29AM
G:\GROUPDAl\ADMINRPT\2005\08-17\Granite Amendment Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I;¡, .)( .
DATE:
July 25, 2005
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNE..f'ß'F /2J;nI
CITY MANAGER &J5
TO:
FROM:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
SUBJECT: Improvement Plan Checking Engineering Services:
1. Amendment No. 1 to Agreement No. PW 05-028 with CRC Enterprises, Inc. ($50,000
increase, for a total not to exceed compensation clause of $70,000) for design
engineering assistance in the updating of City standards, specifications and ordinances.
2. Appropriate $30,000 Capital Outlay Fund balance to the Capital Improvement Budget.
RECOMMENDATION:
Staff recommends approval of Amendment and appropriation.
BACKGROUND: The Subdivision Section of the Public Works Department is working on updating the
standards, policies and specifications with respect to development in the hillside areas. As a resource in
this endeavor, the Public Works Department has entered into a departmental agreement with CRC
Enterprises, Inc., an engineering firm with extensive experience in the development of hillside areas.
Additionally, the Planning Department is working on updating the Hillside Development ordinance, and
needs to use CRC's experience as well. This amendment will enable the City to continue to work with
CRC Enterprises as we refine both the Hillside Development ordinance and the Public Works standards.
The Planning Department's budget includes funding for $20,000 of the proposed Amendment amount.
The remainder of $30,000 is recommended to be funded with Capital Outlay Funds.
mps
July 25. 2005, 5:07PM
C:IDOCUME -1\glorenziILOCALS-11 T emplCRC Contract.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: l;l.v.
.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
~OVED
DEPARTMENT HEAD /
,
CITY ATTORNEylf¡) µ;Y¿ I2mS-
CITY MANAGER Ó~T~
August 9, 2005
SUBJECT: Amendment No. 1 to Agreement No. 02-077 with the Department of Transportation, State
of California (Caltrans) for the preparation of plans and specifications for the interchange on
State Route 178 at Fairfax Road (Ward 3).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The City and Caltrans entered into a cooperative agreement (Agreement No. 02-077)
on March 20, 2002. The cooperative agreement outlined the responsibilities of the two parties regarding
the preparation of plans and specifications for the SR 178 interchange at Fairfax Road. This agreement
expired on July 1, 2005, but Caltrans is proposing an amendment to extend the term of the cooperative
agreement until July 1, 2010. This amendment will prevent the need to process a new agreement
avoiding project delays and allowing project work to continue.
P\N-WWTP: ac
August 9, 2005. 4:21 PM
G:\GROUPDA T\ADMINRP1\2Q05\OB-17\Adm Report 2 for Amendemt no.1 to Caltrans Agreement for Fairfax at SR178.doc
-.-.....-.. ...~_...__.. -_._.~
.._~-_..__._.~.,..,_.__._----~.._._--
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: ,~. :z..
TO:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD M,A z¡t /
Thrr
CITY ATTORNEY r::tJL ~
FROM:
DATE:
July 21, 2005
CITY MANAGER
~
SUBJECT: Street Improvements, Right Turn Lanes at Truxtun @ Office Park, Truxtun @ Commercial
Way and Ming Ave @ SR99 (Wards 2 and 7):
1. Contract Change Order No. 1 to Agreement 04-336 with Griffith Company
($24,189.34 increase; for a revised not to exceed compensation amount of
$401,766.34).
2. Appropriate $25,000 Gas Tax Fund balance to the Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of contract change order and appropriation.
BACKGROUND: The Street Improvements, Right Turn Lanes at Truxtun @ Office Park, Truxtun @
Commercial Way and Ming Ave @ SR99 was awarded to Griffith Company at the November 17, 2004
Council Meeting. The awarded contract amount was $377,577.
An unknown buried splice box was discovered during excavation of the turn lanes. This is an active
electrical box for an oil facility which needs to remain. Since it is now located in the pavement, a traffic
rated box needs to be installed. The contractor has agreed to a lump sum amount of $626,67.
Due to a discrepancy between the plans and the field conditions, some curb & gutter was poured that
does not match the tie-in elevation. This curb & gutter must be removed and replaced. The contractor has
agreed to do this work for the lump sum of $1,006.73.
During grading for the new sidewalk, it was discovered that some of the sidewalk to remain did not match
the elevation of the relocated sidewalk. In order to allow the sidewalk to match and still meet the
Americans with Disabilities Act, some additional sidewalk needs to removed and replaced. The contractor
has agreed to do this work for the lump sum of $2,039.86.
As a result of the unusually heavy rain in February and March, the road subgrade was continuously
saturated making it unsuitable and unstable. After several weeks of attempting to allow the soil to dry and
then receiving more rain, some of the subgrade was still unsuitable and was replaced by aggregate base.
The contractor has agreed to do this work for the lump sum of $7,938.
During the construction of the sidewalk at the right turn lane at Commercial Way, it was noted that the
elevation of the adjacent landscape area was higher than the sidewalk requiring a small retaining wall. The
Contractor has agreed to do this work for the lump sum of $12,578.08.
July 26,2005, 9:47AM
G:\GROUPDAT\ADMINRPT\2005\08-171Agreement 04-336 ceo 1.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: Id.,a.c...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY: r:tJì[ 12rr7.$....
CITY MANAGER ~
July 28, 2005
SUBJECT: Accept bid to award contract to AC Electric for $88,980.00 for Median Modification and
Traffic Signal and Lighting Installation, Signal portion only, on Q Street at 14th Street
(Ward 2)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The existing traffic flow at the intersection of Q Street and 14th Street allows for north
and southbound traffic on Q Street and right-turns onto and off of 14th Street. The existing median at the
intersection does not allow for left turn traffic.
Modification to the median island on Q Street within the intersection is required to allow left turns in and
out of 14th Street. However, the existing vertical profile and curvature of Q Street does not allow for
minimum sight distance requirements; therefore, installation of a traffic signal is necessary to provide
protected left turns.
This project has been previously bid and rejected as a combined median modification and signal
installation. The low bid was substantially higher than the Engineer's estimate. City staff re-evaluated the
project and with intra-departmental agreements, the signal portion was separated from the street
improvements. The traffic signal and lighting installation will be constructed as a bid contract and the
median modification, striping and pavement markings will be performed by City forces.
This project is funded entirely with Gas Tax Funds. The Engineer's Estimate for this construction contract
was $73,310.00. There are sufficient funds on the in the project account for this contract.
On July 21st, 2005, two acceptable bids were received as follows:
A-C Electric Company
315 30th Street
Bakersfield, California 93303 (City)
in the amount of
$88,980.00
Loop Electric
7040 Downing Ave
Bakersfield, California 93308 (County)
in the amount of
$107,297.00
RL T - PW/Engineering
August 4, 2005,
1 0:57AM
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DATE:
August 2,2005
CITY ATTORNEY
CITY MANAGER c\1J3
DEPARTMENT HEAD
SUBJECT: Bakersfield Municipal Airport Resurfacing Project (Ward 1):
1. Accept bid to award contract to Valley Slurry Seal Company for $238,743.19 for
construction of the Bakersfield Municipal Airport Resurfacing Project.
2. Grant Agreement with the California Department of Transportation for $85,000 for this
Project.
3. Appropriate $85,000 California Aid to Airports Program Grant funds and $29,000
General Aviation Fund Balance to the Capital Improvement Budget within the General
Aviation Fund.
RECOMMENDATION:
Staff recommends acceptance of low bid, award of contract, approval
of grant agreement and appropriations.
BACKGROUND: This project will construct a slurry seal surface on the runways, taxiways and airplane
storage areas at the Bakersfield Municipal Airport. The project is funded through grants from the State of
California and the Federal Aviation Authority. There is a 10% local match for the project which is
proposed to be funded by the General Aviation Fund Balance. The Engineer's Estimate for this
construction contract was $173,600.
On May 18, 2005, one acceptable bid was received as follows:
Valley Slurry Seal Company
3050 Beacon Boulevard #205
West Sacramento, California 95691 (out of town)
in the amount of
$238,743.19
PW Engr I AOR
August 2. 2005. 11 :OOAM
G:\GROUPOA T\AOMINRPT\2005\08-17\BakersfieldMuniAjrportResurf.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: l;;t. c..c...
TO:
Honorable Mayor and City Council
AP?ROVED
DEPARTMENT HEAD /ft /
L
CITY A HORNEY 116 AJr2. f.,f'YI5;
FROM:
Raul M. Rojas, Public Works Director
DATE:
August 3, 2005
CITY MANAGER
~
SUBJECT: Accept bid to award contract to Griffith Company ($1,475,475.00) for the Resurfacing of
Various Streets 04/05-VLF Phase I (Wards 1, 2, 3, and 5).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of resurfacing the following streets:
South "H" Street, Ming Avenue to SR 58
Mohawk Street, California Avenue to Truxtun Avenue
Bernard Street, Mount Vernon Avenue to Oswell Street
Camino Media, Old River Road to Lancashire Street
This project is funded with the proceeds realized from the sale of vehicle license fees (VLF). Additional
VLF funded resurfacing projects are being constructed as follows:
a) Through reimbursement agreements with various developers:
Coffee Rd. - Friant-Kern Canal to 900' south of Hageman Rd. -
Stockdale Hwy. - Allen Road to Kern River
South "H" St. - Hosking Rd. to Arvin-Edison Canal
b) As a City CIP project which is currently being designed:
White Ln. - Dovewood St. to Wible Road
The Engineer's Estimate for this construction project was $1,586,798.45. Three acceptable bids were
received on July 14, 2005, as follows:
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City)
Ward 4
Ward 4
Ward 7
Ward 6
in the amount of
$1,475,475.00
Bowman Construction
3527 Brian Way
Bakersfield, CA 93308 (County)
in the amount of
$1,506,413.42
Granite Construction Company
3000 James Road
Bakersfield, CA 93308 (County)
in the amount of
$1,616,724.00
(cmw/pw/engr)
August 10. 2005. 9:00AM
G:\GROUPDA1\ADMINRPT\2005\08-17\Resurfacing Various Streets 04_05 VLF Phase Ldoc
___·__·~_..._._.._·.__.__·,,____.,~··~_w___,____·~_______~___....__.""_______ _____"~_~_
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: \d-., dd,
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~<
CITY ATTORNEY ~
CITY MANAGER ó2<T7
Nelson K. Smith, Finance Director
DATE:
August 5, 2005
SUBJECT: Accept bids from McCain Traffic Supply, $64,833.91, Western Pacific Signal LLC,
$62,961.33, and GDI Communications, $3,513.51 for Traffic Signal Equipment for the
Public Works Department. Total $131,308.75.
RECOMMENDATION: Staff recommends acceptance of bids.
BACKGROUND: Invitations to bid were sent to twenty-three (23) vendors. Three (3) bids were received.
In order to get the best price, staff recommends the award be split between McCain Traffic Supply,
Western Pacific Signal LLC and GDI Communications as shown. (Spreadsheet attached)
McCain Traffic Supply
2365 Oak Ridge Way
Vista, CA 92081
in the amount of
$64,833.91
Western Pacific Signal LLC
2331 Hyacinth Road
Alpine, CA 91901
in the amount of
$62,961.33
GDI Communications
POBox 1330
Verdi, NV 89439
in the amount of
$ 3,513.51
Purchasing Division
KB
S:\PURCHIADMIN\C05~OB17 _Traffic Signal Equip.doc
August 5, 2005, 12:05PM
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: ,a .e.!...
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER cfWS
DATE:
August 4, 2005
SUBJECT: Accept bid from Sunrise Lighting Systems $234,594.36, for Signal Poles for various
intersections for the Public Works Department.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to twenty-three (23) vendors. Five (5) complete bids were
received, as follows:
Sunrise Lighting Systems
360 W. Bedford Ave., Suite #116
Fresno, CA 93711
Pacific Lighting Sales
23666 Birtcher Drive
Lake Forest, CA 92630
in the amount of
$234,594.36
in the amount of
$252,494.39
Western Communications Supply, Incorporated
420 W. Lambert Road, Suite K
Brea, CA 92821 in the amount of
$255,035.14
Stewart Electric
1701 - 30th Street
Bakersfield, CA 93301
in the amount of
$258,853.24
Lingo Industrial Electronics
365 W. Sierra Madre Boulevard
Sierra Madre, CA 91024
in the amount of
$261,034.70
Purchasing Division
KB
S:\PURCHIADMIN\C05_0817 _Signal Poles.doc
August 4, 2005, 10:59AM
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I;;! .ff.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
¡'it?
6tV7
August 3, 2005
SUBJECT: Accept bid from Econolite Control Products, Incorporated, $132,271.43, for Machine Vision
Detection Systems at various traffic signal locations for the Public Works Department.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to five (5) vendors. Two (2) bids were received. Staff
recommends awarding the bid to Econolite Control Products.
Econolite Control Products
3360 E La Palma Avenue
Anaheim, CA 92806-2856
in the amount of
$132,271.43
Synchronex
1420 N Claremont Blvd, Ste 205B
Claremont, CA 91711
in the amount of
$135,494.29
Purchasing Division
KB
S:\PURCHlAOMINlC05_0817 _Machine Vision Oet Sys.doc
August 4, 2005, 3:53PM
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I~,
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DATE:
August 3, 2005
CITY ATTORNEY
CITY MANAGER
N5
;e-m4
&ù?
DEPARTMENT HEAD
SUBJECT: Accept bid from Rehrig Pacific Company $572,929.50 for Refuse, Green Waste and
Recyclable Containers for the Solid Waste Division of Public Works.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to twelve (12) vendors. Four (4) bids were received,
however only one (1) vendor met the minimum specifications. Staff recommends acceptance of bid as
follows:
Rehrig Pacific Company
4010 E 26th Street
Los Angeles, CA 90023
in the amount of
$572,929.50
Purchasing Division
KB
S:\PURCHIADMINlC05_0817 _Refuse Containers.doc
August 3, 2005 Revised
--~.~._.._---~--_._.,.._- ~,~ ._._-,_._.__.~-----.......-. ~--._~.
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 20, 2005
Council Chambers. City Hall. 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard (seated at
5:20 p.m.) Councilmembers Carson
Benham, Couch, Hanson, Scrivner
Absent:
Sullivan
Motion by Councilmember Couch to add an item that
arose after the agenda posting to address a Resolution
confirming and supporting the development of 'f'1'
Standard Road and water supply resources in the City
of Shafter as Deferred Business item 15.b.
APPROVED
AS MAGGARD,
SULLIVAN
2. PUBLIC STATEMENTS
None.
3. WORKSHOP
a. Mill Creek South.
City Manager Tandy made staff comments.
Economic and Community Development Services
Director Kunz introduced Lennar Homes
representatives Tom Dean and Guy Farris who
made a presentation.
Vice-Mayor Maggard requested staff explore ways to
assure communication is maintained between the City
and property owners in possible eminent domain
cases; additionally make concerted effort to see that
no property owner is financially harmed and the goal is
accomplished with minimal conflict.
b. Overview of Ward
City Clerk McCarthy announced item 3.b. will be
heard as Report item 14.b.
---" ..-..-..-"" -. .----... -.-.....--.---.-"..
..___.__________"_ftW___~.__~·___'_
Bakersfield, California, July 20, 2005 - Page 2
4.
CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 - Eugene
Jackson v. City, et al.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(1 )(3)(A) of Government Code Section 54956.9 (1
case).
c. Conference with Legal Counsel-Initiation of
Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9 (1 case).
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 6:00 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:35 p.m.
RECONVENED MEETING - 6:43 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Council members Carson, Benham, Couch,
Hanson, Scrivner
Absent:
Sullivan
6. INVOCATION by Pastor Chris Bennett, University Baptist
Church.
7. PLEDGE OF ALLEGIANCE by Lupe Vasquez Ortiz, 6th Grade
Student at Our Lady of Guadalupe.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 - Eugene
Jackson v. City, et al.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9 (1
case).
b.
ACTION TAKEN
APPROVED, AB
SULLIVAN
APPROVED, AB
SULLIVAN
A TTORNEY GIVEN
DIRECTION
NO REPORTABLE
ACTION
" .._-~..~..-'- .--. ....---,. ',._.-,-..,-'----' --... ~,- ._---"..-----"
Bakersfield, California, July 20, 2005 - Page 3
8.
CLOSED SESSION ACTION continued
c.
Conference with Legal Counsel-Initiation of
Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9 (1 case).
9. PRESENTATIONS
a. Presentation by Mayor Hall of Key to the City to
SunCal Companies.
Frank Faye accepted the Key on behalf of SunCal
and made comments.
10. PUBLIC STATEMENTS
a. Pauline Larwood spoke regarding Open World and
introduced members of the Russian Federation of
the Friendship Force.
b. Francisca Garcia spoke regarding the Chandler
Ranch Development.
Counci/member Hanson requested staff obtain contact
information from Ms. Garcia.
c. Richard Compton, H & S Body Shop, spoke
regarding redevelopment in the downtown area and
provided written material.
Vice-Mayor Maggard requested staff obtain contact
information from Mr. Compton.
11. APPOINTMENTS
a. One appointment to the Keep Bakersfield Beautiful
Committee, due to the resignation of
Keith Stoller.
Motion by Couci/member Carson to appoint Isaiah
Crompton to the vacancy created by Keith Stoller's
resignation.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 6, 2005 Regular
Council Meeting.
ACTION TAKEN
A TTORNEY GIVEN
DIRECTION
APPROVED,
AS SULLIVAN
Bakersfield, California, July 20, 2005 - Page 4
11.
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from June 24,
2005 to July 7, 2005 in the amount of
$11,133,343.82 and self insurance payments from
June 24, 2005 to July 7, 2005 in the amount of
$298,792.40.
Ordinances:
c.
Adoption of Ordinance amending Chapter 15.32 of
the Municipal Code relating to the 2004 California
State Electrical Code.
d.
First Reading of Ordinance adopting a negative
declaration and amending Section 17.06.020
(Zone Map NO.1 04-17) of the Municipal Code by
changing the zoning from an R-1 (One Family
Dwelling) zone to a PUD (Planned Unit
Development) zone on 183.84 acres to allow
a gated street seniors development generally
located between Paladino and Panorama Drives,
Masterson Street and Vineland Road.
e.
First Reading of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 102-05 from an A
(Agriculture) to E (Estate) on 98.7,! acres, located
on the southeast corner of Calloway Drive and
Etchart Road. (Applicant: SmithTech USA) (ZC 05-
0221).
Resolutions:
f.
Resolution approving the destruction of certain
obsolete City records, documents, instruments,
books and papers, pursuant to Government Code
Section 34090 et seq. (Public Works Dept.)
Resolution determining that Fire radio
communications equipment cannot be obtained
through usual bidding procedures due to the need to
integrate into the existing City/County radio
infrastructure and authorizing the Finance Director
to dispense with bidding therefore, not to exceed
$305,000.00.
g.
ACTION TAKEN
ORD 4261
FR
FR
RES 161-05
RES 162-05
Bakersfield, California, July 20, 2005 - Page 5
11. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution ordering change of proceedings to RES 163-05
reduce assessments for parcels located in
Assessment District 04-2 (Brighton Parks/Brighton
Village/Stockdale at Allen Commercial/Cherry Hill
II).
i. Resolution approving Acquisition and Disclosure RES 164-05
Agreements for Assessment District No. 05-1 (City AGR 05-285
in the Hills) and authorizing changes thereto and
execution thereof.
j. Resolution adopting the Vantagecare Retirement RES 165-05
Health Savings Program for the employees
of the General Supervisory Group.
k. Resolution adding territory, Area 1-55 (Allen, RES 166-05
Noriega 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.
I. Resolution adding territory, Area 3-31 (Stine, McKee RES 167-05
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.
m. Resolution adding territory, Area 3-34 (Harris, Mtn. RES 168-05
Vista NE) to the Consolidated Maintenance District
and confirming the assessments, approving the
Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
n. Resolution adding territory, Area 5-17 (Berkshire, RES169-05
Hayden Hill) 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.
o. Resolution of Intention No. 1393 to add territory, RO/1393
Area 1-58 (Snow, Verdugo NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Bakersfield, California, July 20, 2005 - Page 6
12.
CONSENT CALENDAR continued
ACTION TAKEN
RO/1394
AGR 05-263
AGR 05-264
AGR 05-265
AGR 05-266
AGR 05-267
AGR 05-268
AGR 05-269
AGR 05-270
AGR 05-271
AGR 05-272
AGR 05-273
AGR 05-274
AGR 05-275
AGR 05-276
AGR 05-277
__.._ ._.__..____~~__'_.. ·~·c._··__·__, .,__.__..~. _ __...___------.-.-..'...__.._ ._.._...... ~_¥.,._"-,~-~ -- .__.._-
p.
Resolution of Intention No. 1394 to add territory,
Area 3-35 (Hosking, 99 SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Agreements:
q. Final Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreement with
McMillin Albany, LLC, for Tract 6169,
Unit 2 located north of Panama Lane and
west of Progress Road.
Final Map and Improvement Agreement with
Castle & Cooke California, Inc. for Tract
6250 Unit 4 located north of Stockdale
Highway and east of Allen Road.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6196 Unit 2 located north of Harris
Road and west of Mountain Vista Drive.
Final Maps and Improvement Agreements
with R B L Development, Inc. for Tract
6291 Phases 1 and 2 located on the west
side of Wible Road south of the Arvin
Edison Canal.
2.
3.
4.
5.
Final Maps and Improvement Agreements
with D R Horton Los Angeles Holding Co.
Inc. for Tract 6303 Units 1, 2, 3 and 4
located north of Harris Road and east of
Mountain Vista Drive.
Bakersfield, California, July 20, 2005 - Page 7
12.
CONSENT CALENDAR continued
ACTION TAKEN
r.
Agreement with T.Y. Lin International ($234,120.00)
to provide design consultant services for White Lane
at State Route 99 eastbound to southbound on-
ramp reconstruction.
REMOVED FOR
SEPARA TE
CONSIDERA TION
s. Design Services for Mt. Vernon Woodsite:
1. Agreement with T.J. Cross Engineers, Inc. AGR 05-279
($34,272.00) to provide design services
related to a power alternatives study for the
Mt. Vernon Woodsite.
2. Appropriate $40,000.00 from the refuse fund
reserve to the Public Works operating
budget.
t. Agreement with Rick Mararrey dba Kern County AGR 05-280
Slow-Pitch Softball (not to exceed $40,000.00) for
providing and scheduling umpires for the adult
softball program.
u. Reimbursement Agreement with ADH Corporation AGR 05-281
($150,000.00) to modify existing sewer main in
Zepher Road and temporary lift station.
v. Frontage Improvements on Knudsen Drive:
1. Reimbursement Agreement with Kyle Carter AGR 05-282
Customer Service, Inc. ($300,000.00) to
construct frontage improvement along the
west half of Knudsen Drive from the
northern boundary of Tentative Parcel Map
11010 to Olive Drive.
2. Appropriate $300,000.00 Transportation
Impact Fee to the Capital Improvement
budget for construction of frontage
improvements.
w. Annexation Agreement with LBREP/L-SUNCAL AGR 05-283
MCALLISTER RANCH LLC.
x. Amendment NO.1 to Agreement No. 04-217 with
Pestmaster Services, Inc. ($73,000.00, for a revised AGR 04-217(1)
not to exceed amount of $146,000.00) to extend
agreement for twelve (12) months for chemical
application on City property.
_.__.-._--~._--"---_._---
Bakersfield, California, July 20,2005 - Page 8
12.
CONSENT CALENDAR continued
y.
Contract Change Order NO.2 to Agreement No. 04-
338 with S.C. Anderson, Inc., (increase
compensation by $10,938.80) for the Park at River
Walk. (Building Improvement Contract)
z.
Contract Change Order NO.3 to Agreement No. 04-
339 with S.C. Anderson, Inc. (increase
compensation by $3,616.62) for the Park at River
Walk. (Site Improvement Contract)
Bids:
aa.
Accept bid to award contract for Base Bid and
Additive Alternates B & D to HPS Mechanical
Inc. ($609,077.00) for the construction of Four Ditch
Pipeline Extension to L-208.
Miscellaneous:
bb. Appropriate $25,000.00 United States
Environmental Protection Agency grant funds to the
Public Works Department's operating budget within
the Refuse Fund for Dual Collection Refuse Truck
Pilot Program.
Report from Planning Commission regarding
subdivision tree requirements for new single
family homes and sidewalk design standards.
cc.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.cc. with the removal of
items 12.r. and 12.cc. for separate consideration.
r. Agreement with T.Y. Lin International ($234,120.00)
to provide design consultant services for White Lane
at State Route 99 eastbound to southbound on-
ramp reconstruction.
Motion by Councilmember Hanson to approve the
Agreement.
cc. Report from Planning Commission regarding
subdivision tree requirements for new single
family homes and sidewalk design standards.
Motion by Councilmember Couch to refer the Report to
the Planning and Development Committee.
ACTION TAKEN
CC02 AGR 04-338
CC03 AGR 04-339
AGR 05-~84
REMOVED FOR
SEPARA TE
CONSIDERA TlON
APPROVED
AB SULLIVAN
APPROVED
AB SULLIVAN, BENHAM
APPROVED
AB SULLIVAN, BENHAM
NS HANSON
Bakersfield, California, July 20, 2005 - Page 9
13. HEARINGS
a.
Hearing to consider Resolution approving and
adopting an adjusted fee for the development
and improvement of parks within the City.
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7:21 p.m.
No one spoke.
Hearing closed at 7:21 p.m.
Motion by Vice-Mayor Maggard to approve the
Resolution.
b.
Hearing to consider Resolution adopting fees
pursuant to the cost recovery program.
Assistant City Manager Stinson made staff
comments.
Hearing opened at 7:25 p.m.
No one spoke.
Hearing closed at 7:25 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution.
14. REPORTS
a. Presentation of the what and why of form based
zoning as a planning tool.
Development Services Director introduced Jim
Movius, Planning Director, who made a presentation
and provided handouts.
ACTION TAKEN
RES 170-05
APPROVED
AS SULLIVAN
RES 171-05
APPROVED
AS SULLIVAN
,_ ·~r_"'··_ ._.,_ ..________
,._"---
Bakersfield, California, July 20,2005 - Page 10
14. REPORTS continued
b. Overview of Ward Reapportionment Process and
Timeline.
Staff comments by Development Services Director
Grady.
15. DEFERRED BUSINESS
City Clerk McCarthy announced the item added to
the agenda after posting to address a Resolution
confirming and supporting the development of 7'h
Standard Road and water supply resources in the
City of Shafter, would be presented as Deferred
Business item 15.b
a. City Council Goals and Objectives.
City Manager Tandy made staff comments.
Motion by Vice-Mayor Maggard to approve the City
Council Goals and Objectives.
b. Resolution confirming and supporting the
development of 7th Standard Road and water supply
resources in the City of Shafter.
City Manager Tandy made staff comments.
Motion by Councilmember Couch to approve the
Resolution.
16. COUNCIL AND MAYOR STATEMENTS
Councilmember Scrivner requested the Legislative and
Litigation Committee review strengthening the
Fireworks Ordinance.
Councilmember Carson thanked Recreation and Parks
Director Hoover and staff for expeditiously repairing the
pool pump at MLK Park.
Councilmember Benham requested staff address an
issue at 1400 Easton Dr. and provided contact
information.
ACTION TAKEN
APPROVED
AS SULLIVAN
APPROVED
AS SULLIVAN
Bakersfield, California, July 20, 2005 - Page 11
16.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Benham requested staff notify a citizen
when the fireworks issue is to be addressed by the
Legislative and Litigation Committee and provided
contact information; additionally Chief Fraze to
communicate with his counterpart at the County Fire
Department to solicit city/county cooperation regarding
fireworks control and report to the Legislative and
Litigation Committee.
Councilmember Benham requested staff and the
Planning and Development Committee address issues
raised by County Planning Commissioner Ted Blockley
regarding collector streets.
Councilmember Benham requested staff meet with Dr.
Fuller from the Bakersfield City Schools to
discuss future City development within the
boundaries of the Bakersfield City School District
and provide a recommendation and report to
Council prior to the issue being addressed by the
Planning and Development Committee.
Councilmember Benham requested staff address a
citizen's concerns over garage sales and provided
contact information.
Councilmember Benham requested an update from the
Police Department regarding control of car audio on
Brundage.
Councilmember Benham thanked Sean Cacal for
coordinating expeditious handling of recent vandalism on
Union Ave.
Councilmember Hanson requested the Budget and
Finance Committee address a letter from Kay Meek on
behalf of the Bakersfield Museum.
Councilmember Hanson requested staff review
feasibility of implementing a hotline for weed
abatement; additionally requested staff abate weeds in
specific areas and provided contact information.
Councilmember Couch requested staff information
regarding cost effectiveness of taping street markings prior
to oiling streets versus replacing markers. Assistant
Public Works Director LaRochelle responded.
_ -',- ...-.....'" --.. ~_. ._.,..,.,,-,.~.__._--------_._--,.__.,-_.~--,--,---------'--~-~-""-'-"'----
Bakersfield, California, July 20,2005 - Page 12
16.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Couch requested a status report
regarding the Fire JPA.
Councilmember Couch requested a meeting with the
Kern County Water Agency and Kern County Water
Bank Authority to discuss County concerns regarding
the Sphere of Influence increase.
Councilmember Couch requested staff make efforts to
complete the Treated Water Expansion Agreement
negotiations with California Water Service in order to
complete the pipeline to the northwest.
Councilmember Couch requested staff provide
information regarding a traffic signal at the intersection
of Old River and White Oak.
Vice-Mayor Maggard requested the fireworks issue be
placed on the agenda of the next Joint City/County
Meeting in a effort to attain consistent standards.
Vice-Mayor Maggard requested staff review the
feasibility of replicating the concept of Prescott
Arizona's town square.
Vice-Mayor Maggard requested an update regarding the
Mesa Marin ball fields.
Vice-Mayor Maggard requested staff provide an update
on the implications passage of the State budget will
have on the local level, particularly relating to the Hwy.
178 and Fairfax Interchange, Hageman Flyover and the
Kern River Parkway.
Council member Couch thanked those who wrote letters
supporting the City's bid to obtain a permanent seat on
LAFco, particularly the Greater Bakersfield Chamber of
Commerce and Debbie Marino, the Convention and
Visitor's Bureau and Don Jeager, Kern County Water
Agency, Delano City Councilmember Sam Ramirez,
George Martin, and Cheryl Wegman on behalf of the City of
Wasco.
Bakersfield, California, July 20, 2005 - Page 13
15.
ADJOURNMENT
ACTION TAKEN
Mayor Hall adjourned the meeting at 8:25 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I,). hh.
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
August2,2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER <SUT5
TO:
FROM:
SUBJECT: Reject bids for Annual Contract for Lubricating Products for various City departments.
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Invitations to bid were sent to twenty-two (22) bidders. Four bids were received. Upon
review, it was determined that none of the bidders were able to hold their prices for the one year
contractual period due to the volatile pricing for lubricating products. Since an annual contract for this
product is not possible at this time, staff recommends implementing other available purchasing procedures
to secure the commodities generally purchased on this contract.
Purchasing Division
KB
S:\PURCHIADMIN\C05_0817 _AC Lubricating Products.doc
August 3, 2005 Revised
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I~, i ¡,
Florn Core, Water Resources Manager
£OVED
DEPARTMENT HEAD
CITY ATTORNEY ØìnJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
July 25, 2005
CITY MANAGER ~
SUBJECT: Granting of relocated waterline easement by Dollinger Bakersfield Associated II for Parcel
1 of Parcel Map 9301 north of White Lane along the east side of Gosford Road. (Ward 6)
RECOMMENDATION: Staff recommends approval of relocated waterline easement.
BACKGROUND:
This waterline and subsequent easement relocation has been requested by the developer of the property
located on a portion of parcel 1 of Parcel Map 9301 north of White Lane along the east side of Gosford
Road in order to construct a small retail building on the premises. The property owners are:
DOLLINGER BAKERSFIELD ASSOCIATES II, a California general partnership. The Water Resources
Department has reviewed their request and has determined the waterline relocation will not disrupt
required water service to customers using the same water main. All water line relocation, installations and
associated costs will be the responsibility of the developer.
August 9, 2005, 1 :09PM
S:\2005 AOMIN REPORTSlAug17 DC & New waterline easement.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: \;1.,:,',
w
SUBJECT:
Honorable Mayor and City Council APPROVED
Flam Core, Water Resources Manager DEPARTMENT HEAD ~
July 25, 2005 CITY ATTORNEY _
CITY MANAGER ()lJ;;,
Extension of Water main and granting of waterline easement from Scott A. McMillan & Tani
McMillan for water service to La Cabaña restaurant located at 6261 White Lane. (Ward 6)
TO:
FROM:
DATE:
RECOMMENDATION: Staff recommends approval of new waterline easement.
BACKGROUND:
This waterline and subsequent easement has been requested by the owners of the property at 6201 White
Lane known as Sonic Burger in order to facilitate water supply to a new La Cabaña restaurant at 6261
White Lane. The property owners: SCOTT A. McMILLAN & TANI M. McMILLAN will be responsible for
installation and all costs incurred to extend the water main. The Water Resources Department has
reviewed their request and has determined the waterline extension will not disrupt required water service
to customers using the same water main and is necessary to supply water to the new facility.
August 9, 2005
5:\2005 ADMIN REPOATS\Aug17 New waterline easement.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent
ITEM: IJ.. kK.
TO:
Honorable Mayor and City Council
FROM:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ólJ?
DATE:
August 9, 2005
SUBJECT: Quitclaim Deed to Lincoln Trust Company for an Emergency Access Easement over Lots
114and 1150fTract4159 located at 8000 and 8004 Latham Court. (Ward 3)
RECOMMENDATION:
Staff recommends approval of the Quitclaim Deed.
BACKGROUND: Nelms Surveying filed an application requesting to vacant a 25 foot emergency access
easement between Lots 114 and 115 of Tract 4159, 8000 & 8004 Latham Court. In accordance with
Section 12.60.030 of the Bakersfield Municipal Code, the emergency access easement is no longer
necessary to further the land use goals of the General Plan, and would not be a detriment to the public
health, welfare of safety.
The City, Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified and no objections have been received from the Departments as of the meeting date.
The utility companies serving the area have been notified by mail and have all indicated they have no
existing facilities in the easement area.
The City Planning Commission at its meeting of April 21, 2005 heard the proposal and found the proposed
easement vacation to be consistent with the Metropolitan Bakersfield 2010 Generai Plan.
bw
August g, 2005. 11 :54AM
G:\GROUPDAnADMINRPl\2005\08-17\Access Ezmt Quitclaim Latham Ct.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: I~. II.
FROM:
Donna L. Kunz, Economic Development Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ólJS
TO:
Honorable Mayor and City Council
DATE:
August 1, 2005
SUBJECT: Consideration of request for funding in the amount of $5,000 for the Bakersfield Downtown
Business and Property Owners Association (DBA) to be used for Consulting Services to
assist in the formation of a new Community Benefit District (CBD) for Downtown
Bakersfield. (WARD 2)
RECOMMENDATION:
Staff recommends approval of request.
BACKGROUND:
A Bakersfield Downtown Improvement District was formed in 1969 under AB 103 authority. The District
was established as an assessment on the business license, requiring retail to pay four times their
business license amount with a maximum of $3,000 and professional and service businesses paying Yo
times their business license amount. The District consisted of a six by seven block area from Truxtun to
23"' and "G" to "M" streets, with about 400 businesses participating. At the peak of the District life, about
$80,000 annually was collected.
In the late 1980's many larger retail chains moved out of the downtown area to malls and many
independent retail stores followed to other areas of town. By 1990, the revenue stream had dropped to
about $15,000 annually leaving little funds to implement improvement projects or programs. During this
time, a downtown retailer/property owner complained to the City about the unfair assessment. The City
conducted a meeting with the DBA and downtown businesses and the decision was made to dissolve the
district and try to strengthen the voluntary dues based organization. Many goals were created including,
"Save the Fox theater, special landscaping and lighting for Chester Avenue, banners, trash receptacles,
murals, parades, a street faire and others programs. The DBA has worked diligently over the years to find
different resources to fund these projects and others on a voluntary basis.
Although Downtown has enjoyed some successful revitalization, it still continues to be perceived as a
location with security issues, graffiti, transient issues, poor parking and vacant and dilapidated buildings. In
many cities across America, normal tax averse-business people, corporate leaders, property owners, and
small retailers are combating these image and other downtown issues and are choosing to be assessed
an extra mandatory charge in order to finance Benefit Improvement Districts. Benefit Improvement
Districts (BIDS) allow for an assessment on property within a defined geographic boundary. Revenues
from this assessment are directed back to the defined area to finance a myriad of enhanced services,
including security, maintenance, marketing, economic development, parking and special events. BIDS
S:\Admins\City Council\CITY COUNCIL DBA. doc
8/1/200512:16 PM
ADMINISTRATIVE REPORT
Page 2
represent a concerted effort by business leaders to establish well funded, professional organizations that
can work to change perceptions of their district, to surmount the limit of public resources, and to respond
to challenges from regional malls or other competitive developments. BIDS are best thought of as place
managers rather than program managers. BIDS can provide more focused and flexible forms of place
management and service provisions than can the various budget strapped departments of municipal
organizations. BIDS can adapt quickly and creatively to new opportunities, take calculated risks and try
new approaches. BIDS stay close and accountable to their customers - those who pay the assessments.
The DBA has been holding meetings with interested downtown merchants and business and property
owners for the past several months about the possible formation of a new Benefit Improvement District for
Downtown Bakersfield and have received many positive responses. Additionally, several property owners
have expressed an interest in providing contribution funds to pay for a consulting firm to go through the
strict elements of California State law and provide the guidance and oversight required to form a
successful Benefit Improvement District. The cost of the consulting firm is estimated to be approximately
$50,000. The DBA has received four proposals from firms that specialize in this formation work. They
have requested a financial contribution from EDCD in the amount of $5,000 to help towards the cost of this
project.
Due to budgetary challenges over the past few years, the City has been conservative in regards to funding
outside agency requests for funding. However, revitalization of Downtown has remained a high priority
for the City Council and the community at large. Formation of a BID is a complicated process but has the
potential to provide redevelopment rewards for downtown. Public financial participation in this endeavor
can result in a diverse downtown with a unified program for improving its image and appeal. Funds for this
activity are available in the Downtown Operating Redevelopment Budget and will be reimbursed from the
district if it is formed.
S:\AdminsICity CouncillCITY COUNCIL DBA.doc
8/1/200512:16 PM
_.._..,..~-- - -..--.
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1;1.. Mm.
CITY MANAGER
APPROVED
OL+r
fJm¡
.
~
TO:
Honorable Mayor and City Council
FROM:
Dianne Hoover
Director of Recreation and Parks
DEPARTMENT HEAD
DATE:
August 4, 2005
CITY ATTORNEY
SUBJECT: Appropriate $50,000 Park Improvement Fund balance (Central-Zone 2) for the demolition of
Saunders Pool. (Ward 1)
RECOMMENDATION:
Staff recommends approval of the appropriation of funds.
BACKGROUND:
The City Council previously approved this capital improvement project utilizing Proposition 40 Funds;
however, it has since been determined that Prop 40 funds will be used for another project. Park
improvement funds are available in that area, Central-Zone 2, for the demolition of Saunders pool, which
was completed in late Spring 2005.
The cost for demolition was $50,000.
August 5. 2005. 9:53AM
8:\2005 Admins\Saunders Pool Demo Admin 8-05.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1:1. nn.
APPROVED
DEPARTMENT HEAD~ J
CITY ATTORNEY ~
CITY MANAGER ólJs
SUBJECT: Water Board Report No. 1-05 regarding Water Supplies for the City of Bakersfield. (All
Wards)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
August 1, 2005
RECOMMENDATION: City Water Board recommends acceptance of report.
BACKGROUND:
At the June 6, 2005 City Council budget workshop session, Councilmember Mike Maggard requested staff
present through the Water Board, a report regarding the adequacy of City water supplies and a plan to
meet future needs. Water Resources staff prepared the "City of Bakersfield Statement of Water Supply"
and presented it to the Water Board at the July 13, 2005 meeting.
The Statement of Water Supply evaluates the potential water demands and reviews the water supplies
available to the entire City of Bakersfield Sphere of Influence area, including the proposed amended
boundary. Water demands were calculated using actual water consumption and reclamation records for
the existing developed areas and future demands were assumed from various water assessment plans
and engineering studies to estimate needs to support development at full build-out. The total "nef' demand
for the area was determined to be just over 261,000 acre-feet. Available water supplies were assessed
including the City's Kern River water rights, State Project Water contract entitlements, stormwater
recapture, and adjacent local water district supplies. The combined supplies total to 262,300 acre-feet.
The study shows that there is an adequate supply of water to serve the entire amended boundary of the
sphere of influence. The study also notes that the analysis of available water supplies was calculated in a
conservative manner using the gross acreage within the sphere line and the lower ranges of annual water
supplies from the various sources.
The Water Board voted unanimously to approve the report and is recommending acceptance by the City
Council.
ML
S:\2005 ADMIN REPORTS\WaterBrdRpt1 05waterSupply. doc
7/26/2005
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: \â. Q..
July 27,2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY _
CITY MANAGER ((1~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Dir.
SUBJECT: General Plan Amendment/Zone Chanae No. 04-1570 (Wards 1/7)
Project Design Consultants representing Lenox Homes, the property owner, has proposed
a general plan amendment and zone change on 100 acres located on the east side of
South Union Avenue, north and south of East Berkshire Road, for which annexation into the
City is proposed.
1 . Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from SR (Suburban Residential)
to ER (Estate Residential) on 33 acres and from SR (Suburban Residential) to
LR (Low Density Residential) on 67 acres.
2. First reading of ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code from A (Agriculture) to E (1 acre
minimum) on 33 acres and from R-S (Residential Suburban) and E (Estate One
Family Dwelling) to R-1 (One Family Dwelling) on 67 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution adopting the Negative Declaration and the
proposed general plan amendment and first reading of an ordinance.
BACKGROUND:
The proposed general plan amendment would reduce the maximum residential density
on the northern 33 acres of the site from four units per acre to one unit per acre and
increase the maximum residential density on the southern 67 acres of the site from four
units per acre to 7.26 units per acre. Because the proposed E (Estate One Family
Dwelling) zoning on the northern 33 acres would permit a greater density than the
proposed ER (Estate Residential) land use designation, staff and the Planning
Commission recommend a modified E Zone, E (1 acre minimum), on this portion of the
site in order to achieve general plan and zoning consistency; the applicant is agreeable
to this recommendation.
~----
ADMINISTRATIVE REPORT
Page 2
Conditions of approval and mitigation measures which address air quality impacts,
relationship to adjacent industrial uses, transportation impacts and parks are included as
part of project approval.
The Planning Commission conducted a public hearing on this general plan
amendment/zone change and recommended approval to the City Council on June 16,
2005; there was no public testimony in opposition to the request. Staff conducted an
initial study and it was determined that the project would not have a significant effect on
the environment. A negative declaration was prepared and posted on May 12, 2005, in
accordance with CEQA.
PH ladmin\8-17-1570
ADMINISTRATIVE REPORT
MEETING DATE: August 17,2005
AGENDA SECTION: Hearings
ITEM: IÔ, b.
TO:
Honorable Mayor and City Council
APPROVED
DATE:
July 27, 2005
CITY ATTORNEY
/J;;w
FROM:
Stanley C. Grady, Development Services Dir.
DEPARTMENT HEAD
CITY MANAGER ()7~
SUBJECT: General Plan Amendment/Zone Chanoe 04-1763 (Ward 1 upon annexation)
SmithTech/USA Inc., representing Jean Ollivier, Et AI, the property owner, has applied for a general
plan amendment on 17 acres, located along the north side of East Berkshire Road, generally east of
South Union Avenue.
1. Resolution adopting the Negative Declaration and adopting the general plan amendment
and changing the land use designation from SR (Suburban Residential) to LR (Low Density
Residential).
2. First reading of ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family
Dwelling) zone.
RECOMMENDATION:
Staff recommends adoption of resolution adopting the Negative Declaration, approving the general
plan amendment and first reading of the ordinance.
BACKGROUND:
This amendment to the general plan would permit the development of single family residential units
on the 17 acre site. The general area is transitioning to be developed in the City limits with single
family residential units. The Planning Commission conducted public hearing(s) on this General
Plan Amendment/Zone Change and recommended City Council approval on June 16, 2005. No
one was in opposition to the request and the applicant agreed to all conditions and mitigation for
the project. There were no agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 6,
2005, in accordance with CEQA.
MO
Admin\8-17 -1763
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: 13. c,..
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DATE:
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD ~
July 27, 2005 CITY ATTORNEY ¡??yyj
CITY MANAGER tf/;:P;
SUBJECT: General Plan Amendment/Zone Chanae No. 04-1766 (Ward 4)
SmithTech/USA. Inc. representing Michel Etcheverry, the property owner, has proposed a
general plan amendment and zone change on 80.24 acres located at the southeast corner
of Seventh Standard Road and Jewetta Avenue (future), for which annexation into the City
is proposed.
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from SR (Suburban Residential)
to LR (Low Density Residential) on 80.24 acres.
2. First reading of ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code from A (Agriculture) to R-1 (One
Family Dwelling) on 80.24 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution adopting the Negative Declaration and the
proposed general plan amendment and first reading of an ordinance.
BACKGROUND:
The proposed general plan amendment would increase the maximum residential density
on the site from four units per acre to 7.26 units per acre. Conditions of approval and
mitigation measures which address air quality and transportation impacts are included
as part of project approval.
The Planning Commission conducted a public hearing on this general plan
amendment/zone change and recommended approval to the City Council on June 16,
2005; there was no public testimony in opposition to the request. Staff conducted an
initial study and it was determined that the project would not have a significant effect on
the environment. A negative declaration was prepared and posted on May 16, 2005, in
accordance with CEQA.
PH ladmin\8-17-1766
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: lô.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Dir.
July 25, 2005
DEPARTMENT HEAD
CITY ATTORNEY
~
CITY MANAGER <:\'1JS
SUBJECT: General Plan Amendment No. 05-0403 (Ward 3)
Cal-Kern Development, LLC, the property owner, has proposed a general plan amendment
on 58 acres located north of State Route 178, approximately 600 feet east of the
intersection of Morning Drive and Panorama Drive.
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from R-MP (Resource - Mineral
and Petroleum) to LR (Low Density Residential) on 58 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and the
proposed general plan amendment.
BACKGROUND:
With approval of the proposed general plan amendment, the land use designation of the
subject property would be consistent with the property's current R-1 zoning. The project
site consists of the Muir Lease area of the Kern Bluff Oil Field; a total of 37 wells have
produced 586,000 barrels of oil within the Muir Lease area since 1948. Production from
these wells ended for the most part by 1990; minimal production occurred when three
wells were activated for three months in 2003 and 2004. Policy B.5. of the Conservation
Element of the Metropolitan Bakersfield General Plan calls for the protection of
significant petroleum resource areas. According to the petroleum reserve potential
analysis of the lease area prepared by GeoPlus Consulting Services, it is the opinion of
the Geologist that the lease area lacks the necessary remaining oil reserves for the
establishment of any significant commercial oil production. Therefore, the proposed
general plan amendment and the subsequent development of the project site would be
consistent with the above-referenced general plan policy.
Conditions of approval and mitigation measures which address air quality, biological
resources, hazardous materials, and transportation impacts are included as part of
project approval.
ADMINISTRATIVE REPORT
Page 2
The Planning Commission conducted a public hearing on this general plan amendment
and recommended approval to the City Council on June 16, 2005. Gordon Nipp
representing the Sierra Club and Susan Zimmerman representing the Afana family, a
neighboring property owner, provided testimony during the hearing.
Mr. Nipp referred to the Sierra Club's comment letter dated June 9, 2005, which
addresses numerous issues including air quality, energy conservation, light pollution,
biological resources, and traffic, and requests the preparation of an EIR for the project;
the Sierra Club's letter and staff responses are contained in the backup material for this
project.
Ms. Zimmerman stated that the Afana's obtained approval of a general plan amendment
for their property immediately north of the project site last year based upon their plans to
develop this property. She alleged that a business relationship between the applicant
and Sunray Petroleum (a mineral rights owner on the Afana property) has hampered the
Afana's ability to negotiate with Sunray regarding the abandonment of their oil wells,
which in turn has prevented the Afana's from proceeding with their plans to develop their
property. Ms. Zimmerman requested that the Planning Commission either recommend
denial of the project or recommend a condition of approval that would require the
applicant and Sunray to negotiate with the Afana's in good faith and to reach an
agreement prior to the development of the project site. The applicant, Mark Davis,
testified that Cal-Kern and Sunray are not affiliated with one another and that the only
transaction between the two companies was Cal-Kern's purchase of Sunray's oilfield
lease on the project site. Staffs position is that this issue has no bearing on the
appropriateness of the proposed general plan amendment and that it is a private matter
between the affected parties that should be handled outside the City process. Ms.
Zimmerman also discussed inconsistencies between the petroleum reserve potential
analysis prepared for the project and the analysis prepared by the same consultant for
the Afana property; the consultant, Tom Ladd, responded to Ms. Zimmerman's
comments before the Commission.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. A negative declaration was prepared and posted
on May 12, 2005, in accordance with CEQA.
PH
Admin\8-17-Q403
ADMINISTRATIVE REPORT
MEETING DATE: Aug.17,2005
AGENDA SECTION: Hearings
ITEM: I Ô. e...
TO:
FROM:
Honorable Mayor and City Council
Development Services - Planning
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
x--
/J!Æ4
((/.JS
DATE:
July 21, 2005
SUBJECT: General Plan Amendment/Zone Chanoe 05-0535 (Ward 3)
The Keith Companies, representing Panorama Highlands Development, the property owner, has
proposed a general plan amendment on 11.58 acres acres, and zone change on 12 acres, located on
the north and south sides of Panorama Drive, approximately 1/2 mile east of Fairfax Road.
1. Resolution adopting the Negative Declaration and approving the general plan amendment
and changing the land use designation from OS-P (Open Space-Park) to LR (Low Density
Residential) on 11.58 acres and from HR (High Density Residential) to LR (Low Density
Residential) on 12 acres.
2. First reading of ordinance adopting the Negative Declaration and denying the request to
amend Title 17 of the Municipal Code from R-3 (Limited Multiple Family Residential) on
10.17 acres, and R-3-MH (Limited Multiple Family Residential)-Mobile Home) on 1.82 acres
to R-1 (One Family Dwelling) zone.
RECOMMENDATION:
Staff recommends adoption of resolution adopting the Negative Declaration and the general plan,
and first reading of the ordinance.
BACKGROUND:
The project concerns 2 separate locations. The location on the north side of Panorama Drive
consists of a general plan designation change from OS-P (Open Space-Park) to LR (Low Density
Residential) on 11.58 acres. The zoning shall remain R-1. The 12 acres located on the south side
of Panorama Drive consist of a change from HR (High Density Residential) to LR (Low Density
Residential), and a zone change from R-3 and R-3MH to R-1.
The applicant proposes to develop the site and adjacent vacant property with a single family
residential homes and a staging area for the Northeast Bakersfield trails system. The staging area
would be located approximately Y. mile north of Panorama adjacent the tower line easement that is
located along the west side the project site. In addition, the trail would be extended from
Panorama north through the towerline easement to the staging.
The City Parks Division recommends approval of the request to allow for the staging area and the
trail in the towerline easement from Panorama north. It has been determined that an assessment
(maintenance) district will not be formed to fund the continuing maintenance of the 12 acre
Panorama Hills Park. After acquiring the park in the late 1980's, the City polled area residents at
ADMINISTRATIVE REPORT
Page 2
that time and in the early 1990's about supporting an assessment district to fund maintenance
activities. Both times there was overwhelming opposition to the district. It is the City Council policy
not to proceed with the neighborhood park development until a maintenance funding mechanism is
provided.
However, opportunity is now available to provide a staging area north of the park site for public
access to the trails system of the Specific Parks and Trails Plan of Northeast Bakersfield. The
staging area would be approximately 2 acres in size, provide a rest area, parking spaces and
function similar to a trail head. The cost of maintenance of a staging area is significantly less than a
12-acre neighborhood park. In addition, the existing tower line easement provides an opportunity to
connect the staging area directly from Panorama Drive. Staff is of the opinion that the staging area
would provide a needed recreational opportunity to the neighborhood and eliminate a park site that
would never likely be developed.
The City's Park Land ordinance Section 15.80.170 provides that if circumstances arise which
indicate another site is more suitable for park or recreational purposes, the land may be sold or
traded upon recommendation by the Planning Commission and approval by the City Council.
Panorama Hills Park would be eliminated and in its place the developer would construct a 2-acre
staging area north the park site for access to the trails in the Specific Parks and Trails Plan of
Northeast Bakersfield, and provide a trail connection from Panorama Drive to the staging area.
There are several policies in the general plan that encourage the feasibility of using utility
easements for recreational activity, and providing new recreational areas and open space in
existing urban areas. The proposal will provide access to the trails in northeast Bakersfield.
The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone
Change and recommended approval to the City Council on June 16, 2005. One letter was
submitted in opposition.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 20,
2005, in accordance with CEQA.
Jeng IS:IGPA 2nd 2005105-0535 KeithlCCladmin rpt gpa.doc
June 26, 2005
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: lb. f.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD /~
CITY ATTORNEY i?lJbd
CITY MANAGER c)!..J";
Stanley C. Grady, Development Services
DATE:
July 21, 2005
SUBJECT: General Plan Amendment 04-2005 (Ward 1)
The City of Bakersfield has proposed a general plan amendment to the Circulation Element and is
adopting a Specific Plan Line for the Washington Street alignment.
1. Resolution adopting the Negative Declaration and adopting the General Plan Amendment
to the Circulation Element and adoption of a specific plan line.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the negative declaration and
approving the general plan amendment and adoption of a specific plan line.
BACKGROUND:
The City of Bakersfield Public Works Department has requested a change to the Washington
Street alignment to address issues with an existing golf course and provide a distinct separation
between urban development and the City of Bakersfield Waste Water Treatment Plant
Washington Street is a Collector (4 lane facility) which is not yet constructed. The portion of
Washington Street subject to this proposal is between Casa Loma Drive and East Pacheco Road.
This area has seen considerable development activity in the form of entitlements acquisition (GPA,
Zone changes). Generally, there has been a concerted effort on the part of many different property
owners and the city to transform vacant, or underutilized areas, long designated for
industrialization to residential in response to the incredible housing market locally. More houses
are now built in the southeastern quadrant of the city than the northeastern quadrant.
The existing alignment now runs thru the middle of an existing golf course and it appears unlikely
that it could ever be built. The proposed specific plan line moves Washington Street to the east
next to the waste water treatment plant effectively providing some separation between the plant to
the east and urbanization on the west side of the Washington Alignment.
No one spoke in opposition to this proposal at the planning Commission meeting.
MG\admin\8-17-2005
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: t~. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Dir.
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY /JJJId-
CITY MANAGER ñLù'?
July 27, 2005
SUBJECT: General Plan Amendment/Zone Chanae No. 04-1764 (Ward 5)
SmithTech USA, Inc. representing Kevin Pascoe, the property owner, has proposed a
general plan amendment and zone change on 41.89 acres located on the southeast corner
of Panama Lane and Buena Vista Road, for which annexation into the City is proposed.
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from R-IA (Resource Intensive
Agricultural) to LR (Low Density Residential) on 41.89 acres.
2. First reading of ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code and Zoning Map No. 123-30
changing the zoning at time of annexation from County A (Agriculture) to R-1
(One Family Dwelling) on 41.89 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, approving
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
This site is in the process of being annexed to the City of Bakersfield. The City will serve the site
with sewer. California Water Service boundary will need to be expanded south (across Panama
Lane) to incorporate the project. California Water Service has indicated they can serve the
project.
The project site is located south of an area that is being rapidly developed with single family
residential. There are six active tentative tracts within Y2 mile. To the north, across Panama
Lane, are vacant land (zoned C-2) and a developing residential neighborhood. Buena Vista
Elementary School and agricultural land is located to the west (across Buena Vista Road). The
agricultural land surrounding Buena Vista School is part of a 1,853 acre project currently
proposed to be annexed (Old River 3 - Annexation #498) and comprehensive general plan
amendment and zoning. An ErR is being prepared for the project. To the south is the Grimway
Estate (40 acres) which is designated R-IA and is zoned A (Agricultural) in the county. To the
~.----^_._.~.._~ ....---...---.,--------------,..
ADMINISTRATIVE REPORT
Page 2
east is pre-zoned R-1 (One-Family Dwelling) property in the process of being annexed (Panama
15 - Annexation #479) and contains Tentative Tract 6368. Approximately 35 acres of the project
area is currently under cultivation. The remaining property contains two houses with accessory
structures located at the northeast corner of the site, proposed to be removed.
A letter was received from Barbara Grimm-Marshall and Darcy Marshall regarding concerns
about road improvements to Panama Lane and Buena Vista Road, landscaping/streetscaping
and the effects improvements immediately adjacent to their property will have on their property.
A Council Referral (#Ref001176) was sent to the City Manager by James Movius, Planning
Director, to address the issues raised. The applicant has indicated they have been in discussion
with Barbara Grimm-Marshall and Darcy Marshall and have negotiated an oral agreement
between them.
02 - S:\GPA 2nd 2005\04-1764\Admin Report.doc
----...---...- ------_.--._~_._-,._----_.._.........
..___.____._._."._._.-r
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: [~. a.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEÝ1fJ H;-r ¡¿/I0-
CITY MANAGER rf05
DATE:
Stanley C. Grady, Development Services
August 10, 2005
SUBJECT: General Plan Amendment/Zone Chanoe 04-0815. aooealed. (Ward 4).
Pacific Engineering, Maurice Etchechury, on behalf of James Etcheverry, ET. AL. has applied for a
general plan amendment and zone change on 82.5 acres, located along the north side of Snow Road,
generally between Allen Road and Calloway Drive. McMillin Homes has appealed the Planning
Commission decision to deny the proposal.
1. Resolution adopting the Negative Declaration and adopting the requested general plan
amendment from SR (Suburban Residential) to LR (Low Density Residential).
2. First reading of ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family Dwelling).
RECOMMENDATION:
Staff recommends adoption of resolution, upholding the appeal, adopting the negative declaration,
approving the general plan amendment and first reading of the ordinance.
BACKGROUND:
This item was continued by the City Council at their March 9, 2005 meeting.
The proposal is to amend both the general plan and zoning to allow the development of single
family dwellings on lots with a minimum size of 6,000 square feet. After considerable public
debate, the Planning Commission recommended denial of the case. The applicant appealed the
decision by the Planning Commission.
There are two basic issues regarding this proposal, compatibility with the existing neighborhood
and mineral rights access. The following is a discussion of the issues and forms the basis for
staff's recommendation for approval of the project and upholding the appeal by the applicant.
The adjacent neighborhood was generally supportive of the request with a tier of % acre lots
between this new proposal and the existing neighborhood. Two other possible measures to
possibly "buffer" the two developments were discarded as impracticable. One of these measures
-.","'--"-
_.-,-----"---
ADMINISTRATIVE REPORT
Page 2
was a wall not on the project site which may have been impossible for the applicant to construct.
The other measure was a multi-purpose trail which connected the existing neighborhood to a canal
to the east. This was dropped as it was very unlikely the canal operator would open the canal
right-of-way for use by the general public.
The mineral rights owner (Crimson Resource Management) expressed concerns regarding the
mineral extraction operations in the general area and on the project site. There are only three
wells on the 82.5 acre site. The City of Bakersfield Subdivision Ordinance provides various
methods for providing mineral owners rights to access at the time of subdivision. Our ordinance
has been called a "model" of how to address mineral rights extraction by the Department of Oil Gas
and Geothermal Resources.
Despite considerable experience with literally dozens of subdivisions where this specific issue was
addressed by this Commission, some Commissioners were mistakenly under the impression the
issue needed resolving at the general plan stage. Staff pointed out that attempting to address
mineral rights issues at the general plan stage is an error, inconsistent with local ordinance and
past practice.
Commissioner Ellison and Joseph Austin, from the Department of Oil Gas and Geothermal
Resources, wanted drilling islands set aside for "conservation purposes." Commissioner Ellison
voted against this project and the adjacent project fronting Snow Road on the grounds that these
projects "are a gateway to converting agricultural land and an oilfield." The area is designated for
residential development in the Metropolitan Bakersfield General Plan. Residential development
does not preclude mineral resource extraction. Several existing residential developments have
been built within active oil fields, like Seven Oaks West, the Seasons and the Olive Drive area.
MG:pjt
Adminlaugl8-17-0815
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: 1'-\, '0 .
TO:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Dir.
August 4, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ¡;?Jìz4
CITY MANAGER ((/J.5S
FROM:
DATE:
SUBJECT: General Plan Amendment/Zone Chanqe No. 03-1188 and Tentative Tract 6352
(Appealed) (Ward 3)
David Pitcher representing Eagle Meadows, has proposed a general plan amendment,
zone change and Tentative Tract 6352 located between State Routes 178 and 184, east of
Vineland Road for purposes of developing a single family residential subdivision. The Sierra
Club appealed the Planning Commission's action on this project.
1. Resolution denying the appeal and certifying the Final Environmental Impact Report
for the Eagle Meadows development.
2. Resolution denying the appeal and approving a general plan amendment to change
the land use designation from OS (Open Space) to LR (Low Density Residential) on
2.7 acres and a change to the Circulation Element to add the collector designation to
Highland Knolls Drive, east of Vineland, and amend the Bikeways Master Plan for a
Class II bike lane on the same segment of Highland Knolls.
3. First reading of ordinance denying the appeal and approving an amendment to Title
17 of the Municipal Code from OS (Open Space) to R-1 (One-Family Dwelling) on
2.7 acres.
4. Resolution denying the appeal and approving Tentative Tract 6352.
RECOMMENDATION:
Staff recommends adoption of resolutions denying the appeal, certifying the Final
Environmental Impact Report, approving the proposed general plan amendment, first
reading of the ordinance, and approving Tentative Tract 6352.
BACKGROUND:
This project was appealed by the Sierra Club. The proposed general plan amendment
would allow for development of a 483 single family residential subdivision located east of
Vineland Road, south of Highway 178. The GPAlZC to change the open space
designation to residential affects only 2.7 acres of the 156 acre project area. The project
includes 26 acres of open space located between the proposed residential lots and
ADMINISTRATIVE REPORT
Page 2
Mesa Marin Raceway. This open space area south of the ball diamonds will be
dedicated to the City for open space and park use. The tract map provides a local
north/south street between the open space and the residential lots that will facilitate
circulation when the adjacent segment of Highway 178 becomes an arterial street due to
the opening of the new Highway 178 alignment.
In accordance with CEQA, an Environmental Impact Report was prepared for the
project. All impacts except for noise have been reduced to less than significant with
incorporation of mitigation measures shown in the attached conditions of approval. The
disk containing the Eagle Meadows EIR has been previously duplicated and provided to
Council. Hard copies of the EIR are available at the Clerks Office.
Adoption of a Statement of Overriding Considerations for two noise impacts is
recommended. First, noise generated by car racing activities at nearby Mesa Marin
Raceway can not be mitigated to less than significant. Reduction in raceway noise is the
responsibility of the raceway, and that raceway noise reduction is most effective when
applied closest to the source (which is the raceway). The City Council required certain
noise mitigation on the raceway when the CUP was extended for Mesa Marin in 1995.
In addition, the Council adopted the following finding:
"The continued use of a higher noise standard for the racing
facility shall not place an added burden on adjacent property
owners in attempting to develop projects in accordance with the
municipal standards." (City Council Resolution No. 70-95)
The second noise impact concerns traffic noise impacts that may occur outside the
project site due to increases in project related traffic on nearby roads. The increase in
traffic noise will occur when traffic from the project is added to the current relatively low
traffic volumes. The two locations affected by higher noise levels are along SR 184,
between Masterson and Vineland; and SR 178, between Fairfax and Masterson.
The Commission conducted a public hearing on this general plan amendment/zone
changefTentative Tract 6352 and recommended approval to the City Council on July 7,
2005. Gordon Nipp representing the Sierra Club, spoke in opposition to the project. Mr.
Nipp, appealed the Planning Commission's recommendations to approve the project. In
the attached appeal letter, Mr. Nipp does not agree that cumulative impacts for air
quality, biological resources and traffic are less than significant. He is of the opinion the
Air Quality Study is deficient. A response to the comments contained in the appeal letter
is attached.
ENVIRONMENTAL CONCLUSION:
The California Environmental Quality Act (CEQA) guidelines have been followed for the
environmental effects of this project. Significant environmental effects have been
identified, and compliance with local ordinances, state laws, construction to the
standards of the Uniform Building Codes, and with adoption of the recommended
mitigation measures, most environmental effects can be reduced to a less than
significant level. These mitigation measures are listed as conditions of approval.
Unavoidable impacts which cannot be reduced to less than significant levels through
ADMINISTRATIVE REPORT
Page 3
mitigation measures remain for noise from Mesa Marin Raceway, and long-term traffic
noise. Staff recommends approval of the Final EIR, the mitigation measures and
accompanying mitigation monitoring program, and adoption CEQA Findings per Section
15091 and Statement of Overriding Considerations per Section 15093.
CONCLUSION:
This project is an amendment to the Land Use and Circulation Elements, the zoning
ordinance and a tentative tract. The project is consistent with the Metropolitan
Bakersfield General Plan. Therefore, it is recommended the appeal by the Sierra Club
be denied, the EIR be certified, the project be approved subject to conditions and
mitigation measures outlined in the attached resolutions and ordinance.
Jen9
Admin\8-17-eagle-eir
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: 1L. .c...
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD ~
August 8, 2005 CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT: General Plan Amendment/Zone Chance No. 04-0853 (Ward 3)
DATE:
GFC Properties, has proposed a general plan amendment and zone change for property
generally bounded by the Rio Bravo Country Club property on the north, with Comanche
Drive located to the west, and Breckenridge Road to the south, for purposes of developing
single and multi-family family residences.
1. Resolution certifying the Final Environmental Impact Report for Rio Bravo #3
Annexation, General Plan Amendment/Zone Change No. 04-0853.
2. Resolution approving a general plan amendment to change the land use designation
from R-EA (Resource - Extensive Agriculture) to LR (Low Density Residential) and
LMR (Low Medium Density Residential); and approving the requested General Plan
Amendment to change the Circulation Element by eliminating one unnamed collector
street segment extending from Chase Avenue within the Project site and
reclassifying a separate unnamed collector street extending from Miramonte Drive
connecting to the Rio Bravo Country Club to a local street designation.
3. First reading of ordinance approving an amendment to Title 17 of the Municipal Code
from A (Agriculture) zone to R-1 (One Family Dwelling) zone and R-1-HD (One
Family Dwelling - Hillside Development) on 600-acres and R-2 (Limited Multiple
Family Dwelling) and R-2 (Limited Multiple Family Dwelling - Hillside Development)
zone on 17 -acres.
RECOMMENDATION:
Staff recommends adoption of resolutions certifying the Final Environmental Impact
Report, approving the proposed general plan amendments, and first reading of the
ordinance.
BACKGROUND:
The Planning Commission conducted a public hearing on this general plan
amendment/zone change and recommended approval to the City Council on July 7,
2005.
ADMINISTRATIVE REPORT
Page 2
The General Plan Amendment (GPA), Zone Change (ZC) and corresponding annexation
would allow the development of up to 1,300 single and multiple family residential units at
buildout. This project also includes consideration of annexation of the approximately
617 acre project site into the City of Bakersfield. The proposed project is situated within
the City's current Sphere of Influence boundary.
The project includes a Land Use Element Amendment to modify the General Plan
designation from R-EA (Resource - Extensive Agriculture) to LR (Low Density
Residential) and LMR (Low Medium Density Residential). The proposed Land Use
Element Amendment will also accommodate a future park site with adjacent fire station
anticipated to be located on Chase Avenue in the northwestern portion of the site. The
proposed park site and adjacent fire station will be developed according to applicable
General Plan guidelines, existing ordinances and standards.
The Circulation Element Amendment will result in the elimination of one unnamed
collector street segment extending from Chase Avenue within the Project site and the
reclassification of a separate unnamed collector street extending from Miramonte Drive
connecting to the Rio Bravo Country Club, to a local street designation.
The concurrent zone change is from A (Agriculture) to R-1 (One Family Dwelling) and R-
1-HD (One Family Dwelling - Hillside Development Overlay) on 600-acres and R-2
(Limited Multiple Family Dwelling) and R-2-HD (Limited Multiple Family Dwelling -
Hillside Development Overlay) on 17-acres.
The proposal provides a logical extension for residential development to the south for
this portion of the City of Bakersfield. The General Plan encourages the orderly outward
expansion of new urban development that maintains continuity of existing development
and allows incremental expansion of infrastructure and public services. The proposal
complies with the General Plan's criteria. The general area is being developed with
urban uses.
Gordon Nipp, representing the Sierra Club spoke in opposition to the project at the
Planning Commission hearing. His concerns included cumulative air quality, biota and
traffic. The EIR addressed these issues and found them to be less than significant.
Responses to the Sierra Club's concerns are contained in the "Responses to
Comments" Section of the EIR.
Upon further discussion of the project with the applicant staff is proposing additional
language which would further clarify timing of the construction of roads. Following Public
Works Department Condition Numbers 2 and 3, wording has been added that will allow
the applicant to provide the City with assurances that roads will be constructed prior to
recordation of a final map for residential development. This condition change
accommodates the applicant's development plan, provides timely construction of the
needed circulation improvements before a residential subdivision is recorded and would
allow the applicant to record a map for purposes of sale or financing prior to actual
construction of the roads.
ADMINISTRATIVE REPORT
Page 3
ENVIRONMENTAL CONCLUSION:
The California Environmental Quality Act (CEQA) guidelines have been followed for the
environmental effects of this project. Significant environmental effects have been
identified, and compliance with local ordinances, state laws, construction to the
standards of the Uniform Building Codes, and with adoption of the recommended
mitigation measures, most environmental effects can be reduced to a less than
significant level. These mitigation measures are listed as conditions of approval in the
Environmental Impact Report which is contained on a disk within the Council Binders. A
hard copy of the EIR is available in the City Clerk's Office. Unavoidable impacts which
cannot be reduced to less than significant levels through mitigation measures remain for
aesthetics. Staff recommends approval of the Final EIR, the mitigation measures and
accompanying mitigation monitoring program, and adoption CEQA Findings per Section
15091 and Statement of Overriding Considerations per Section 15093.
CONCLUSION:
This project is an amendment to the Land Use and Circulation Elements and the zoning
ordinance. The project is consistent with the Metropolitan Bakersfield General Plan.
Therefore, it is recommended that the EIR be certified, the project be approved subject
to conditions of approval and mitigation measures outlined in the attached resolutions
and ordinance.
LP
Admin\8-17 -RioBravoEIR
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: l'i.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD ~
August 8, 2005 CITY ATTORNEY ~
CITY MANAGER--6lù?
SUBJECT: General Plan Amendment/Zone Chanae No. 04-1704. ADDealed (Ward 7)
Jimmy and Robin Tabangcora have appealed the Planning Commission's decision approving
Gerald Almgren's of Kern Delta Land Development Corp. proposal for a general plan amendment
on 2.83 net acres and zone change on 2.04 net acres located on the east side of Wible Road
approximately 200 feet south of Berkshire Road.
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from LMR (Low-Medium Density
Residential- greater than 4 units but less than or equal to 10 dwelling units per
net acre) to HMR (High-Medium Density Residential - greater than 7.26 units but
less than or equal to 17.42 dwelling units per net acre), on 2.83 net acres
2. First reading of Ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code and Zoning Map 123-25 changing
the zoning from R-1 (One Family Dwelling) zone to R-2 (Limited Multiple Family
Dwelling - 1 unit per 2,500 sq. ft.) zone on 2.04 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution, denying the appeal, approving the Negative
Declaration, approving proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The project is located within a strip of land sandwiched between an arterial street and new
single family residential development. The City will serve the site with sewer. Water service will
be provided by California Water Service.
The project site is located within an area of rapid development. There are five active or pending
tentative tracts within Yo mile. To the north, adjacent to the site is a meeting hall for the City Fire
Fighters Union and one single family house. To the east is a developing single family residential
neighborhood and storm drain retention basin. To the south is mixed rural residential and vacant
properties. To the west (across Wible Road) is an existing single family residential
neighborhood. The neighborhood across Wible Road has double frontage lots with a concrete
ADMINISTRATIVE REPORT
Page 2
block wall and landscaping facing the project. The site is a narrow linear "T" shaped parcel with
638 feet of frontage along Wible Road. The depth varies from 150 feet (at the north and south
ends) to 269 feet (in the middle section). The site is vacant with the exception of one abandoned
house (to be removed). A dirt lined canal runs along the east side of the narrower part of the
property and traverses through the wider section (severing access to the eastern most portion of
the project).
The project is in an area with several recently developed or developing single-family residential
tracts. The nearest developed multiple family residential is approximately 1 mile away (north of
Panama Lane approximately 500 feet west of Wible Road). There are no other multiple family
developments in the area. Within a one-mile radius of the site there is approximately 50 acres of
multiple-family zoned properties, which represents a ratio of approximately 3 percent of the net
land area in this vicinity. The ratio of multiple-family zones to net land area on a city wide basis
is approximately 6.5 percent. Allowing additional multiple-family housing opportunities in the
area will increase the variety of residential types and densities to be more consistent with that
available on a citywide basis.
The project is an extension of R-2 zoned property (northern portion of project and land to the
north) and is adjacent to a meeting hall and a major transportation corridor (Wible Road). In
addition, the shape and configuration of the lot lends itself better to multiple-family design than
single-family subdivision design. The project is oriented in a north-south configuration, parallel
with Wible Road and is isolated from the subdivision to the east because of road configurations
and other constraints (i.e. canal and storm drain basin). To design an effective single-family
residential development on the site would be difficult.
Issues and concerns were raised by surrounding neighbors at the time of Planning Commission.
The item was continued from the June 16, 2005 Planning Commission Meeting in an effort to
allow the project applicant and affected neighbors to meet and attempt to resolve concerns. The
applicant met with the neighbors on June 27, 2005 and discussed several issues. It was
determined at that meeting to appoint representatives from each of the affected neighborhoods
to again meet and attempt to draft conditions that would address the issues and concerns
brought up by the neighborhoods as a whole.
The neighborhood representatives met with the applicant on June 30, 2005. Two sets of
additional conditions were drafted and agreed upon by both parties. The major changes agreed
upon included the following:
· A reduction in density from 40 units to 30 units.
· Limited access to Wible Road.
· Bermed landscaping along the Wible Road frontage.
· Tile roofs and earth-tone exteriors.
· 15 foot setback from the east property line with evergreen trees along said east line.
· Conditions and Restrictions to be recorded limiting buildings to one story, requiring plans
are used on record, controlling the exterior appearance of structures, and controlling
common access and maintenance.
ADMINISTRATIVE REPORT
Page 3
One set of conditions addresses the general plan amendment and is applicable to the project as
a whole (2.83 acres). The second set of conditions addresses only the zone change portion of
the project (2.04 acres).
A letter appealing the decision of the Planning Commission was received in the City Clerk's
office on July 15, 2005. The appellants have voiced concerns over the conditions agreed upon
between the applicant and neighborhood representatives mentioned earlier and feel they are
not representative of the desires of the neighborhood as a whole.
D2 - S:\GPA 2nd 2005\04-1704IAdmin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 17, 2005
AGENDA SECTION: Hearings
ITEM: \1.\. e..
DATE:
August 8, 2005
CITY ATTORNEY
CITY MANAGER~
APPROVED
~
tf11-Iv
TO:
FROM:
Honorable Mayor and City Council
Development Services - Planning
DEPARTMENT HEAD
SUBJECT: Amendment of the City of Bakersfield's Sphere of Influence, approval of updated
Municipal Services Review and adoption of a Negative Declaration.
RECOMMENDATION:
Approve and adopt Negative Declaration, approve updated Municipal Services Review and
direct staff to make application to LAFCO to amend the Sphere of Influence.
BACKGROUND:
The Sphere of Influence was last amended in 2004. That amendment added approximately 17
square miles to the SOl, primarily for pending development projects which are now going
through the approval process for annexation.
During the LAFCO hearing, the City indicated its intent to process an amendment that
acknowledged the Metropolitan Bakersfield General Plan as the City's probable physical
boundary and service area. Also, the commission directed the City to amend the SOl to include
an island created by the last amendment which resulted from the fact the application only
responded to property owner requests. This proposed amendment accomplishes both tasks.
The Cortese/Knox/Hertzberg Local Government Act of 2000 requires LAFCO to update Sphere
of Influence (SOl) for all applicable jurisdictions. Because of Bakersfield's unprecedented
growth, it is necessary to amend the SOl in order to provide adequate area for future expansion,
It is required for LAFCO to review the SOl at least every five years.
PROPOSED SPHERE AMENDMENT
The current proposal is to amend the SOl by approximately 71,576 acres (or 111.8 square
miles). All of the SOl Amendment Areas which were analyzed in the MSR Update are included
in this current LAFCO SOl Amendment application, except for portions of the West and
Southwest SOl Amendment Areas. These two SOl Amendment Areas were modified since the
MSR Update was completed, and excludes 8,988 acres included in the Kern Water Bank and
Kern County Water Agency water recharge areas. These water banking activity areas were
excluded at the request of the Kern Water Bank Authority and the Kern County Water Agency.
Although excluded for the proposed SOl Amendment, these areas are still within the boundaries
of the Metropolitan Bakersfield General Plan.
ADMINISTRATIVE REPORT
Page 2
The acreage added to the City's SOl will remain under the jurisdiction of Kern County until such
time as annexation proposals are processed through LAFCO. For ease of reference, the areas
to be included in the new SOl are identified as separate areas, and the reference areas coincide
with the SOl reference areas in the MSR Update. These areas are depicted on Exhibit 1
Proposed SOl Amendment Areas.
The SOl amendment is being proposed to accommodate the on-going urban growth and
development. Many of the SOl Amendment Areas are proposed for future development. The
pending urban growth and development in the proposed SOl Amendment Areas have been
anticipated and discussed in several planning documents, all of which were accompanied by a
comprehensive environmental analysis:
Metropolitan Bakersfield General Plan Update
Western Rosedale Specific Plan
McAllister Ranch Specific Plan
MUNICIPAL SERVICE REVIEW:
The Cortese/Knox/Hertzberg Local Government Act of 2000 (CKH Act or Act) requires LAFCOs
conduct a Municipal Services Review (MSR) prior to, or in conjunction with, the update of an
SOL LAFCO approved an MSR for the City of Bakersfield (City) in August 2004. The original
MSR was prepared and approved by LAFCO as part of the City's application to amend the
City's SOl (No. 01-04). The City is now requesting an additional update of the SOl (No. 01-05);
consequently, an update to the August 2004 MSR is required.
Since the previous MSR was recently approved by LAFCO, this MSR Update will address and
focus on any changes or modifications to the information contained in the August 2004 MSR,
and is a supplement to that document. This MSR Update will also comply with the requirements
of Government Code Section 57430 and the Service Review Guidelines (August 2003)
prepared by the Governor's Office of Planning and Research which guide the contents, analysis
and organization of the study.
The City's SOl is being amended again as a result of pending development activity and
proposed future anticipated annexation actions which would affect the City's existing
boundaries.
The MSR demonstrates the City can provide all necessary urban services. Expansion of the
SOl provides for orderly growth and development, discourages urban sprawl and ensures
efficiency of government services.
THE NEGATIVE DECLARATION:
The City conducted an Initial Study to assess the potential environmental impacts and identify
any appropriate mitigation measures associated with the proposal. The result of that work is a
proposed Negative Declaration. The City of Bakersfield is both project proponent as well as the
Lead Agency for the proposed project. LAFCO will rely upon this document in approving the
request.
Comments were received from the following agencies: Bill Turpin, LAFCO Executive Director;
Department of Conservation; East Niles Community Services District; Kern County Waste
ADMINISTRATIVE REPORT
Page 3
Management; Kern County Water Agency; Kern Delta Water District; Kern Water Bank
Authority; and North of the River Recreation and Parks District. Where required, a response
has been provided to the commenting agency.
The City has determined that the proposed Sphere of Influence Amendment will not have a
significant effect because the SOl doesn't make any change that would have a significant effect
on the physical environment. It is true that annexation can only occur for territory within an SOL
But, under CEQA, annexation which may occur in the future Is considered a separate project
that would be subject to its own environmental review whenever annexation is pursued. An SOl
doesn't pinpoint development activity like a general plan land use map, but only establishes the
probable physical boundary and service area consistent with the Metropolitan Bakersfield
General Plan boundary. Amendment of the boundary of LAFCO's existing SOl for Bakersfield is
the project evaluated in the initial study and proposed negative declaration.
SG
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