HomeMy WebLinkAbout09/28/05_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
SEPTEMBER 28, 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 the meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Bill Avery, Labor Negotiator; Closed Session pursuant to Government
Code Section 54957.6.
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (2 cases)
c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. Eugene Jackson v. City, et al
2. Michael L. Kephart, etc. v. City, et al
3. Robert Pratt v. City, et al
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Ken Souers, Crossroads Christian Fellowship.
7. PLEDGE OF ALLEGIANCE by Spencer Shoemaker, 6th Grade Student, and Peri Shoemaker, 5th
Grade Student at Almondale Elementary School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Councilmember Jacquie Sullivan of Commendation Certificate to David
Taylor for performing a heroic act.
b. Presentation by Mayor Hall of Proclamation to Stacy Crooks, Link to Life, proclaiming
October, 2005, as "Paint the Town Pink Month".
10. PUBLIC STATEMENTS
11. APPOINTMENTS
(Ward 4)
a.
One (1) appointment to the Planning Commission, due to the resignation of Burton Ellison,
whose term expires April 30, 2006.
Staff recommends Council determination.
-.-." .~_.,--._--'.
Minutes:
12. CONSENT CALENDAR
a. Approval of minutes of the September 7, 2005 Regular Council Meeting and the September
14,2005 Joint Special Meeting.
Payments:
(Ward 4)
(Ward 4)
(Ward 1,2,3,6) h.
(Ward 1) i.
(Ward 4) j.
b. Approval of department payments from August 26, 2005 to September 15, 2005 in the
amount of $19,802,786.09 and self insurance payments from August 26, 2005 to
September 15, 2005 in the amount of $180,969.87.
Ordinances:
c.
First Reading of Ordinance adopting a Negative Declaration and amending Section
17.06.020 (Zone Map 122-03) of Title 17 of the Municipal Code by changing the zoning from
R-1 (One Family Dwelling) zone to PUD (Planned Unit Development) zone on 81.18 acres to
allow a single family home development generally located on the southwest corner of
Stockdale Highway and South Renfro Road. (File 04-0236)
First Reading of Ordinance adopting a Negative Declaration and amending Section
17.06.020 (Zone Map 102-19) of Title 17 of the Municipal Code by changing the zoning from
PCD (Planned Commercial Development) zone to Revised PCD zone on 3.1 ± acres located
on the northwest corner of Calloway Drive and Meacham Road. (M.S. Walker & Assoc/File 05-
0735)
d.
e. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zone Map 124-29 changing the zoning district from A (Exclusive
Agriculture) to R-1 (One Family Dwelling) on approximately 95 acres generally located
south of Panama Lane approximately 2,000 feet east of South Union Avenue. (GPA/ZC 04-
1337) (Ward 1 upon annexation) (FR 09/07/05)
f. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 101-11 from A (Agriculture) to R-1 (One Family Dwelling)
on 70 acres and from A to R-1-CH (One Family Dwelling-Church Overlay) on 10 acres
located on the south side of Snow Road (future) between Allen Road and Renfro Road
(future). (Marino Associates/King-Gardiner Farms, Sure Foundation Baptist Church, Vivian Price)
(ZC 04-0338) (Ward 4 upon annexation) (FR 09/07/05)
Resolutions:
g. Resolution approving sale of surplus Police Department equipment to the United States
Army for the sum of $1 .00.
Resolution confirming the approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County
Tax Collector.
Resolution authorizing the application for State grant funds and potential participation in the
CalHome Program from the California State Department of Housing and Community
Development (HCD).
Resolution adding territory, Area 1-59 (Olive, Old Farm 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.
2
-~. _.~_._--~---._-~.,-_..--".. ~~~~.., -.. ,"".--'-.'-' ----,-.._"."..------_., ---~--
-.- -._-,,-~ ..,~_.._.,-~.
12. CONSENT CALENDAR continued
(Ward 6)
k.
(WardS)
I.
(Ward 5)
m.
(Ward 3)
(Ward 3)
(Ward 4)
(Ward 2)
(Ward 1) r.
(Ward 3) s.
(Ward?) t.
u.
(Ward 3)
(Ward 4,6)
n.
Resolution adding territory, Area 3-32 (Stine, McKee SW) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 3-38 (Panama, Windermere) 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 3-39 (Gosford, Pacheco SE) 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. 1362 to add territory, Area 4-33 (Reynard, McKenna S) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1363 to add territory, Area 4-34 (Auburn, Morning NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1406 to add territory, Area 1-60 (Etchart, Calloway SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1407 to add territory, Area 4-40 (Oak, 19th SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1404 to order the vacation of the 20 foot alley and the north
22.5' of y'h Street, between K and L Streets within Block 52 of the Lowell Addition.
Resolution of Intention No. 1408 to order the vacation of portions of Comanche Road south
of SR 178.
o.
p.
q.
Resolution of Intention No. 1409 to order the vacation of the right of way at Feemster Street
and DeMaree Avenue.
Amendment No. 16 to Resolution No. 122-01 approving Memorandum of Understanding for
employees of the General Supervisory, Police Supervisory and Management Units and
adopting salary schedule and related benefits for Economic Development Director.
v. Resolution approving the application for grant funds for "Green Trees for the Golden State"
under the California Department of Forestry & Fire Protection, Urban and Community
Forestry Program.
w.
Resolution approving the application for grant funds for the California River Parkways Grant
Program under the Water Security, Clean Drinking Water, Coastal and Beach Protection
Act of 2002 (Proposition 50).
Agreements:
x.
Final Tract Maps and Improvement Agreements:
1. Final Map for Tract 6475 Units 1, 2 & 3 and Improvement Agreements for Units 1, 2,
3 & 5 with Castle & Cooke CA, Inc. located north of Panama Lane and east of Ashe
Road.
2. Improvement Agreements with Bakersfield University Partnership, LP for Parcel
Map 11052 located north of Stockdale Highway and west of Gosford Road.
3
_....._"_.>-...... _.".._.~ .,> T .__ ~.____..__.~_,.,,_. . ._-_. -----..~-.,-_.-.
12. CONSENT CALENDAR continued
License Agreement with Castle & Cooke California Inc. allowing them to use a portion of
Renfro Road (Tract 6448) located between Culiacan Avenue and the Cross Valley Canal
for private roadway and landscape purposes.
z. Agreement with United Way of Kern County to purchase from the City, surplus computer
equipment.
Pipeline Crossing Agreement Union Pacific Railroad Company ($3,650.00) for street
improvements at the At-grade rail crossing on the Union Pacific Railroad Buttonwillow
Branch at Old River Road.
Agreement with Bethany Services ($60,875.00) Emergency Shelter Grant (ESG) funds to
support the operating costs necessary to continue services at the Bakersfield Homeless
Center located at 1600 East Truxtun Avenue.
Agreement with Bakersfield Rescue Mission ($60,875.00) Emergency Shelter Grant (ESG)
funds to support the operating costs necessary to continued services at the Bakersfield
Rescue Mission located at 830 Beale Avenue.
dd. Concurrent Application Processing:
(Ward 4)
y.
(Ward 5)
aa.
(Ward 2)
bb.
(Ward 2)
cc.
(Ward 4)
ee.
(Ward 4)
ft.
(Ward 2)
1. Amendment NO.1 to Agreement No. 05-121 with RBF Consulting ($70,000.00) to
assist with the processing of concurrent applications.
2. Appropriate $70,000.00 in revenues to the Development Services Fund operating
budget.
Contract Change Order NO.3 to Agreement No. 04-338 with S.C. Anderson Inc.
($12,410.82 decrease, for a revised not to exceed amount of $2,797,705.03) for the Park at
River Walk. (Building Improvement Contract)
Contract Change Order NO.4 to Agreement No. 04-339 with S.C. Anderson Inc. ($530.68
increase; for a revised not to exceed amount of $5,689,150.31) for the Park at River Walk.
(Site Improvement Contract)
Bids:
gg. Accept bid to award annual contract to Granite Construction Company, not to exceed the
budgeted amount of $3,000,000.00, for street materials.
hh. Accept bid from L N Curtis & Sons ($33,751.58) for radiation/haz mat monitors and detectors
for the Fire Department.
ii. Accept bid to award contract to Bowen Engineering & Environmental ($33,000.00) for
demolition of improvements at 2420, 2424 and 2430 Mohawk Street (County area).
jj. Accept bid to award contract to Valley Business Printers, Inc. (not to exceed $60,000.00)
for three (3) issues of the activity brochure for Recreation and Parks.
kk.
Accept bids from Enders and Associates ($134,852.28) (Part A) and TV Magic, Inc.
($368,930.12) (Parts D and E) for the digital upgrade to the Video Replay Systems for the
Rabobank Arena.
Miscellaneous:
II. Appointment of League voting delegate and alternate at Annual Conference. (Staff
recommends appointment of Councilmember Zach Scrivner as League voting delegate and
City Attorney Ginny Gennaro as alternate.)
mm. City positions on League of California Cities Resolutions.
4
" ,----._-- --- --_.._._..__."." .'.,.---..--.- _....._~. -.... ,...._-,_..~_._....^_._....--_.. .-.-..--., --_.....- --_..--_.__.~
12. CONSENT CALENDAR continued
nn. Preliminary trail system design work for the Bakersfield State Vehicle Recreation Area
(Wofford Ranch) trail system:
1. Accept contribution from the County of Kern and appropriate $5,000.00 to the
Development Services operating budget in the Recreation Facility Fund.
00. Acceptance of 2003-04 Transportation Development Act Funds Financial Statement.
pp. Planning, development and funding of community and regional parks, bike paths and trails.
(Refer to Planning & Development Committee.)
Staff recommends adoption of Consent Calendar items a through pp.
13. CONSENT CALENDAR HEARINGS
(Ward 2)
a.
(Ward 2)
Hearin~ to consider Resolution ordering the vacation of 0 Street between Truxtun Avenue
and 17' Street. (Staff recommends referral to Planning & Development Committee.)
Hearing to consider Resolution authorizing Adventist Health System/West to issue revenue
bonds (TEFRA) (not to exceed $175,000,000.00) to be used to finance the San Joaquin
Community Hospital Improvement Project. (Staff recommends adoption of resolution.)
c. Continued Public Hearing to consider amendment of the City's Sphere of Influence,
approval of updated Municipal Services Review and adoption of Negative Declaration.
(Staff recommends hearing remain open and continue to October 12, 2005 meeting.)
b.
Continued Public Hearing to consider General Plan Amendment/Zone Change 04-0671;
Project Design Consultants representing Rosedale Ranch, property owner, has proposed a
general plan amendment/zone change on 1,655 acres for which annexation into the City is
proposed. A Development Agreement is also proposed. Project site is bounded by 7'h
Standard Road to the north, Jenkins Road to the east, the Burlington Northern Santa Fe
(BNSF) Railroad to the west, and Kratzmeyer Road/Olive Drive to the south. (Continued from
9fi/05 meeting) (Staff recommends continuation of hearing to November 2005 GPA cycle.)
14. HEARINGS
(Ward 4)
(Ward 1)
(Ward 4)
d.
Continued Public Hearing to consider 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. (Continued from 8/17/05 & 9fi/05 meetings)
1. Resolution adopting the Negative Declaration and general plan amendment to the
Circulation Element and, adoption of a specific plan line.
Staff recommends adoption of resolution and specific plan line.
a.
Continued Public Hearing to consider General Plan Amendment/Zone 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 Rd. and Calloway Dr. (Continued from 8/17/05 & 9fi/05 meetings)
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.1 01-01 from A (Agriculture) to R-1 (One
Family Dwelling).
Staff recommends adoption of resolution, upholding the appeal and give first reading to ordinance.
b.
5
14. HEARINGS continued
(Ward?)
(Ward 5,6)
Continued Public Hearing to consider General Plan Amendment/Zone 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 Rd. approx. 200 ft. south of Berkshire Rd. (Continued from 8/17/05 & 9n/05 meetings)
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from LMR (Low Medium
Residential - greater than 4 units but less than or equal to 10 dwelling units per net
acre) to HMR (High Medium 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 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 - 1 unit per 2,500 sq. ft.) on 2.04 acres.
Staff recommends adoption of resolution, denying the appeal and give first reading to ordinance.
c.
d.
Continued Public Hearing to consider General Plan Amendment/Zone Change 04-0057/
Williamson Act Contract Cancellation; George B. Martin, representing Golden Empire
Concrete and Structure Cast, has appealed Planning Commission's decision to approve
proposal by Quad Knopf, Inc., on behalf of Gosford-Panama Partners, LLC for a general plan
amendment with concurrent zone change, Williamson Act Contract Cancellation for property
located south of Panama Lane to McCutchen Road, west of Gosford Road to Progress Road
for the purposes of developing a mixed use development in the City. (Continued from 9n/05
meeting)
1. Resolution making findings approving and certifying the Final Environmentai Impact
Report (EIR) for GPAlZC 04-0057/Annexation No. 440 (Gosford-Panama).
2. Resolution making findings approving a general plan element amendment to change
the land use designation from R-IA (Resource-Intensive Agriculture) and SI (Service
Industrial) to MC (Major Commercial), GC (General Commercial), LI (Light
Industrial), LR (Low Density Residential), LMR (Low Medium Density Residential),
and HMR (High Density Residential) on approximately 300 acres and circulation
element amendment to eliminate the Collector designation of Progress Road
between Panama Lane to McCutcheon Road.
3. First Reading of the Ordinance approving an amendment to Title 17 of the Municipal
Code and changing Zone Map 123-29 by changing the zoning from A (Agriculture)
to M-1 (Light Manufacturing), R-1 (One Family Dwelling), R-2 (Limited Multiple
Family Dwelling), MH (Mobile Home) and C-2/PCD (Regional Commercial/Planned
Commercial Development) zones on approximately 300 acres.
4. Resolution making findings, approving the cancellation of land use restrictions of a
land conservation contract (Williamson Act) on approximately 300 acres.
Staff recommends adoption of resolutions, denying the appeal and give first reading to ordinance.
6
._.,,,---~-
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
'·LL~'.7.,
I
// /"
. /
t/
Alan Tandy
City Manager
09/22/05 2:20pm
7
v~-
/f;-/fr
AGENDA HIGHLIGHTS
SEPTEMBER 28, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
CLOSED SESSION
There will be a conference with the labor negotiator, and a conference with legal counsel regarding
two cases of potential litigation and three cases of existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
APPOINTMENTS
There will be one appointment to the Planning Commission to be made by Council member Couch.
CONSENT CALENDAR
Ordinances
Item 12e. First Readina of an Ordinance Amendina the Municioal Code bv Chanaina the Zonina from
an R-1 (One Familv Dwellina\ Zone to a PUD (Planned Unit Develooment\ Zone on 81.18 Acres
Generallv Located on the Southwest Corner of Stockdale Hiahwav and South Renfro Road. The
project consists of development of a 354 single-family residential lot subdivision with private gated
streets, a private recreation area, and landscaped lots. All common areas and amenities are to be
maintained by a homeowners association. The Public Works Department requires the developer to
enter into a license agreement in order to allow for the privatization of this segment of So. Renfro
Road. No one spoke in opposition to the project at the July 21, 2005 Planning Commission meeting.
Item 12d. First Readina of an Ordinance Amendina the Municioal Code bv Chanaina the Zonina from
a PCD (Planned Commercial Develooment\ Zone to a Revised PCD (Planned Commercial
Develooment\ Zone on 3.1± Acres Located on the Northwest Corner of Callowav Drive and Meacham
Road. This zone change will allow development of a medical/office complex consisting of six medical
office or general office buildings. No one spoke in opposition to the project at the July 7, 2005
Planning Commission meeting.
Aareements
Items 12bb and ce. Aareements with Bethanv Services and Bakersfield Rescue Mission for $60.875
of Emeraencv Shelter Grant iESG\ Funds Each to Suooort the Ooeratina Costs Necessarv to
Continue Services at Each Facilitv. The purpose of the ESG program is to improve the quality of
existing emergency shelters for the homeless, help meet the costs of operating the shelters, and
provide essential social services, as well as funding preventive programs and activities. As a part of
the FY 2005/06 budget process, Council approved, in principle, the funding for each agency of up to
$60,875 for eligible ESG activities. The agreements now before Council outline the requirements and
responsibilities of the grants. All activities funded with the ESG grants will be completed within one
calendar year of execution of the agreement.
Agenda Highlights
September 28,2005
Page 2
Items 12ee and ft. Contract Chanae Orders reaardina the Park at River Walk. The original Building
Improvement Contract amount was $2,795,000. Contract Change Order Nos. 1 and 2 totaled
$15,115.85. Council is now asked to approve Contract Change Order No.3 that will decrease the
project total by $12,410.82 (total contract amount to be $2,797,705.03).
The original Site Improvement Contract amount was $5,646,000. Contract Change Order Nos. 1 - 3
totaled $42,619.63. Council is asked to approve Contract Change Order NO.4 for this project that will
increase the project total by $530.68 <total contract amount to be $5,689,150.31). Details for both
contract change orders are attached to the administrative reports.
Bids
Item 12gg. Award Annual Contract to Granite Construction for Street Materials in an amount not to
exceed $3.000.000. This contract is used to provide asphalt material for street repair and
maintenance. Three acceptable bids were received.
Item 12kk. Award Bids to Enders and Associates ($134.852.28) (Part A) and TV Maaic. Inc.
($368.930.12) (Parts D and E) for the Diaital UDdated to the Video ReDlav Svstems for the Arena.
The original bid was split into five sections to obtain the best prices available on each component.
Acceptable bids were received on three of the sections. Staff will re-evaluate and revise the scope of
work for the remaining two sections, and then re-bid those sections.
Miscellaneous
Item 12mm. City Positions on Leaaue of California Cities Resolutions. The Legislative and Litigation
Committee agreed at its September 7, 2005 meeting to forward these recommendations to Council for
approval and direction to the City's Conference Voting Delegate. The resolutions must be acted upon
at this meeting in order for the Voting Delegate to receive direction in time for the League's Annual
Conference October 5 - 8, 2005.
Resolutions recommended for support are: No. 1 - Prohibit publication of home addresses and
telephone numbers of elected and appointed officials; No. 2 - Support of public sector mentoring
program; NO.4 - Support the voluntary inclusion of green building design and strategies in residential,
public and private development; No.6 - Support SB 1051 for maximizing protection from sexual
predators; and NO.8 - Support federal legislation to ensure the continued ability of local governments
to offer broadband internet service access to citizens.
Resolutions recommended for opposition include: No. 3 - Adoption of the Ahwahnee Water
Principles; and No. 5 - Implementation of Urban Environmental Accords. Resolution No.7, which
supports the effort to amend the distribution formula to reflect an equitable distribution of Proposition
172 public safety revenues, will be left to the discretion of the delegate.
CONSENT CALENDAR HEARINGS
Item 13a. Hearina to Consider a Resolution Orderina the Vacation of "0" Street between Truxtun
Avenue and 17'h Street. Council considered the Resolution to order this vacation at the August 17,
2005 meeting. That Resolution set September 28th as the public hearing date to take comment. Staff
is recommending that the matter be referred to the Planning and Development Committee for two
reasons: 1) The General Services Administration has taken an action which impacts this decision; and
2) we received a protest from a property owner which merits policy maker consideration. It is our
policy not to approve vacations when there is a protest.
Agenda Highlights
September 28, 2005
Page 3
Item 13b. Resolution Authorizina Adventist Health SvstemJWest (AHS\ to Issue Revenue Bonds in
an amount not to exceed $175 million to be Used to Finance the San Joaauin Community Hosoital
Imorovement Proiect. - TEFRA Hearina. The proceeds of the bonds will be used by AHS to
finance/refinance the acquisition, construction, improvement, equipping, renovation, rehabilitation,
remodeling and other capital projects for the San Joaquin Community Hospital, 2615 Eye Street and
other health facilities operated by the applicant.
The California Statewide Community Development Authority is a joint exercise of powers authority
consisting of numerous California cities, counties and special districts, including the City of
Bakersfield, and is authorized to assist in the financing of facilities for nonprofit organizations. By
utilizing the Authority, the City will not be the public conduit nor the actual issuer of the bonds needed
for this project. The only requirement for the City is the TEFRA public notice review and publication,
and notification that the TEFRA hearing was held. None of the City's funds will be pledged for the
repayment of the bonds.
Item 13c. Amendment of the City of Bakersfield's Sohere of Influence. AODroval of Uodated
Municioal Services Review and Adootion of a Neaative Declaration. Staff recommends the hearing
remain open and continued to October 12, 2005. The re-circulated initial study and negative
declaration contains written responses to the verbal and written comments received on the previous
environmental document.
Item 13d. Continued Public Hearina to Consider a General Plan Amendment / Zone Chanae on
1.655 Acres in an Area known as Rosedale Ranch which is Bounded bv yth Standard Road to the
North. Jenkins Road to the East. the Burlinaton Northern Santa Fe ŒNSF\ Railroad to the West. and
Kratzmever Road/Olive Drive to the South. This will allow for the development of a new master
planned community, including single- and multi-family residential, recreational, school, commercial,
and industrial land uses. This was continued from the September 7, 2005 meeting to work out the
final agreement between staff and the applicant on the proposed development agreement. We have
received communication from the applicant requesting to continue this item to the City Council
meeting on November 9th.
HEARINGS
Item 148. Continued Public Hearina reaardina a General Plan Amendment to the Circulation
Element and Adootion of a Soecific Plan Line for the Washinaton Street Alianment. The Public Works
Department requested the 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. This item was continued twice to permit Public Works the opportunity to
discuss the project improvements with an adjacent property owner. To date, they have repeatedly
tried to contact the citizen, but without success. .To prevent further delay, staff recommends
approving the GPA and adopting the specific plan line.
Item 14b. Continued Public Hearina to Consider a General Plan Amendment/Zone Chanae on 82.5
Acres Located Alona the North Side of Snow Road. Generallv Between Allen Road and Callowav
Drive. This item was continued from the last two Council meetings in order to permit the applicant the
opportunity to address issues identified by the adjacent property owners. These meetings were to
involve the Council person and neighborhood. After considerable public debate, the Planning
Commission recommended denial of the case. The applicant appealed that decision. Staff
recommends upholding the appeal. We note that this issue should either be acted on or delayed to
the nex1 cycle. Additional two-week delays hold back other approved projects at this point in time.
Agenda Highlights
September 28, 2005
Page 4
Item 14c. Continued Public Hearina to Consider a General Plan Amendment on 2.83 Net Acres and
Zone Chanae on 2.04 Net Acres Located on the East Side of Wible Road. Accroximatelv 200 Feet
South of Berkshire Road. This project was continued from the last two Council meetings to allow staff
the time to address several issues raised at the public hearing and correspondence received from
Richard Harriman on behalf of the Wible Road Action Group. Responses to Mr. Harriman's questions
are attached to the administrative report. The Planning Commission recommended approval. Jimmy
and Robin Tabangcora appealed that decision. Staff recommends denying the appeal. We note that
this issue should either be acted on or delayed to the next cycle. Additional two-week delays hold
back other approved projects at this point in time.
Item 14d. Continued Public Hearina to Consider a General Plan Amendment/Zone
ChanaelWilliamson Act Contract Cancellation for Procertv Located South of Panama Lane to
McCutchen Road. West of Gosford Road to Proaress Road. The project was continued from the
September 7, 2005 meeting to permit the applicant and representative of the adjacent industrial
business to meet and resolve previously raised issues. The Planning Commission recommended
approval of the project and EIR on July 7, 2005. That decision is being appealed based on the
opinion that there is not proper buffering space between the industrial properties to the south of the
site and the residential property to the north of McCutchen Road. Staff recommends denying the
appeal. We note that this issue should either be acted on or delayed to the next cycle. Additional
two-week delays hold back other approved projects at this point in time.
Approved:
Alan Christensen,
Assistant City Manager
-AC---
cc: Department Heads
Rhonda Smiley, Public Relations
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGEND,I} SECTION: Closed Session
ITEM: 1.\ 0...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
V6-
Vb-
k
September 7, 2005
SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section
54957.6
VG:do
S:\COUNCIL\CI SesslAdmins\05-06\09-28-05 LaborNegdot.dol
~-~,,- -- ,',-'-'
"--.--....,-...... -,..~-"'..._......_---~.,-_.._~-
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA S,ECTION: Closed Session
ITEM: 1..\ I:')
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡/~
Vc:...
Ik
September 9, 2005
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9.
(two items)
VG:do
S:\CQUNCILICI SesslAdminsI05-06\09-28·0S Potential.dot
September 9.2005. 10:02AM
--,.,....~--_.._---_.~---~._-'-
ADMINISTRATIVE REPORT
MEETING DATE: September 28.2005
AGENDA SECTION: Closed Session
ITEM: Y.t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
September 20, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
V~
It
Virginia Gennaro, City Attorney
SUBJECT: Conference with Legal Counsel- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
· Eugene Jackson v. City of Bakersfield, et al
USDC Case No. CIV-F-03-6111 OWW DLB
· Michael L. Kephart, etc. v. City of Bakersfield, et al.
USDC, Eastern District, Case No. CV-F-03-5331 OWW TAG
· Robert Pratt v. City of Bakersfield, et al
Kern County Superior Court, Case No. S-1500-CV-253264, RJA
VG:do
S:ICOUNCI L ICI SesslAdminsI05-06109-28-05E>dstlit.doc
September 20. 2005, 9:22AM
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
September 16, 2005
AGEND~ SECTION: Presentations
ITEM: V\ Q,
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: Presentation by Councilmember Jacquie Sullivan of Commendation Certificate to
David Taylor for performing a heroic act.
RECOMMENDATION:
BACKGROUND:
September 16. 2005, 3:15PM
ShellComm unityContribution
_ ,__.~__". _,,, _~,._._____~._m
._~~'...n'_ ~.".__ '_'_"" .___.____+-___~_.c_._·_~___
.- ..'-"~~-
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA ~ECTION: Presentations
ITEM: q. n.
TO: Honorable Mayor and City Council
FROM:
DATE:
Mayor Harvey L. Hall
September 17, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/k-
SUBJECT: Presentation by Mayor Hall of Proclamation to Stacy Crooks from Link to Life, proclaiming
October, 2005, as "Paint the Town Pink Month".
RECOMMENDATION:
BACKGROUND:
ndw
September 15, 2005. 4:12PM
S:\MAYORIADMINlPAINT THE TOWN PINK MONTH.DOC
.__~...__"____._.._._____.__ ___.~_n_·'··__"____~
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Appointments
ITEM: \\.(j.,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pameia A. McCarthy, City Clerk
September 15, 2005
APPROVED
DEPARTMENT HEAr!] ~
CITY ATTORNEY ~
¡!f(
CITY MANAGER
SUBJECT: One appointment to the Planning Commission due to the resignation of Burton Ellison,
whose term expires April 30, 2006. (Ward 4)
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Planning Commission due to the resignation of Burton Ellison. The news
release for this recruitment was posted on August 25, 2005
Applications for appointment have been received from the following:
· Thomas McGinnis
· Curtis C. Bond
· Philip Lloyd Ryall
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination.
In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 4.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular
members, nominated by the Councilmember of the ward which corresponds with the commission vacancy.
Additionally, Planning Commission members must be residents of the City throughout their four year
terms, but not of a specific ward of the nominating Councilmember.
September 15, 2005. 10:11AM
S:\Bds&CommIPLANNINGIADMIN Sept 28 2005 Ellison.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: I~ . C\..
TO:
FROM:
Honorable Mayor and City Council
(\,~
DEPARTMENT HEAW
CITY ATTORNEY
*
Pamela McCarthy, City Clerk
DATE:
September 16, 2005
CITY MANAGER
SUBJECT: Approval of minutes of the September 7, 2005 Council meeting and the September 14,
2005 Special meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: 0.. b.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD /v:::>
CITY ATTORNEY VC--
CITY MANAGER /Iv
Nelson K. Smith, Finance Director
DATE:
September 15, 2005
SUBJECT: Approval of department payments from August 26, 2005 to September 15, 2005 in the
amount of $19,802,786.09 and self insurance payments from August 26, 2005 to
September 15, 2005 in the amount of $360,461.47.
RECOMMENDATION:
Staff recommends approval of payments totaling $20,163,247.56.
BACKGROUND:
klg
September 15. 2005, 2:39PM
S:\KimGIForms & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent
ITEM: \:l.r
TO:
Honorable Mayor and City Council
FROM:
DATE:
Stanley C. Grady, Development Services
September 9, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
X-
fb);ú
/Ie
SUBJECT: An ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map
No. 122-03) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on
81.18 acres to allow a single family home development generally located on the southwest
corner of Stockdale Highway and South Renfro Road (File # 05-0236) (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On July 21,2005, the Planning Commission held a public hearing and recommended approval
of PUD Zone Change #05-0236. The project consists of development of a 354 single family
residential lot subdivision (Vesting Tentative Tract 6448) with private gated streets, a private
recreation area, and landscaped lots. All common areas and amenities are to be maintained by
a homeowners association. The project is located on the southwest corner of Stockdale
Highway and South Renfro Road.
The applicant states the project is proposed to provide variety of housing in what the developer
terms the "Neo-traditional Neighborhood" design. The developer's elevations of the homes
depict one and two story homes with the use of columns, window shutters, stucco, wood, brick,
and stone. The elevations of the homes are named American Farmhouse, Cottage and
Craftsman. The color and material palette for the homes are mostly shades of brown, grey, and
muted shades of green.
The smallest lot is 4,950 square feet. The minimum dwelling unit setback requested is a 20-foot
front yard setback with the porch extending 5 feet into the front yard setback. Side yard setback
is a minimum 5-feet. Plans depict rear yards of 28 to 48 feet deep. Staff recommends a 20-foot
setback be required for the garage where the garage entrance faces the street. Based on the
plans submitted, the developer represents that each lot has an adequate building envelop and
that no further reduction in lot size or setback standards will be needed.
ADMINISTRATIVE REPORT
Page 2
The focal point of the project is a 2.02 acre recreation area consisting of a swimming pool, spa,
restrooms and park-like picnic and landscaping area. The development also includes several
landscape lots scattered throughout the subdivision. The developer proposes to integrate So.
Renfro Road, south of Culiacan Ave., into the subdivision as a private street maintained by the
homeowners association. The Public Works Department requires the developer to enter into a
license agreement with the City in order to allow for the privatization of this segment of So.
Renfro Road.
No one spoke in opposition to the project.
JE
Admin\9-28-D236
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA S~CTION: Consent
ITEM: I Î r1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
"71/
/Jm!1
, ff/
September 9, 2005
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map
No. 102-19) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from a PCD (Planned Commercial Development) zone to a Revised PCD (Planned
Commercial Development) zone on 3.1± acres located on the northwest corner of
Calloway Drive and Meacham Road, (M.S. Walker and Associates - File # 05-0735)
(Ward 4).
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 development of a medical/office complex located on the northwest corner of
Calloway Drive and Meacham Road. The development would allow for the construction of 6
medical office or general office buildings.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
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 reduce the impacts to cultural resources
to less than significant. No other significant impacts were identified.
LP
Admin\9-28-0735
ADMINISTRATIVE REPORT
Page 2
As a result of the hearing, the Commission recommended that the City Council deny the
requested GPA/ZC for the 30 acre portion of the subject site located within the Airport Land Use
B-2 zone and approve the 65 acres outside of the zone boundary. The Planning Commission
could find no extenuating circumstances which would support the residential development within
the Airport Land Use B-2 zone.
In the nine months since the Planning Commission meeting both the applicant and staff has
researched the issue. In 1994 a section was added to the California Aeronautics Act (Public
Utilities Code Section 21674.7) requiring airport land use commissions to utilize the "California
Airport Land Use Planning Handbook" (1993 edition) as a guide for the formulating, adopting
and or amending the a comprehensive airport land use plan. The Handbook was revised in
2002 to incorporate more safety data which further refined the compatibility zones.
The existing Airport Land Use Compatibility plan suggests limiting residential development
(similar to this proposal) within 10, 000 feet of the runway. The new Handbook restricts this
type of residential development in the area 7, 000 feet from the runway. The applicant's entire
project is located further than 7, 000 feet from the end of the runway.
The handbook recommendations are based on accident frequency and the attendant risk to
populations. The area beyond 7,000 feet from runways of similar airports has shown a low
frequency of accidents occurring. The sole reason for Planning Commission denial of the
northern 30 acres was public safety. They and staff did not have the benefit of this research into
changes in airport land use compatibility changes. There no longer appears any reason to not
support this request based on public safety considerations.
Staff recommended approval of this proposal as the southeastern portion of Bakersfield has
long languished behind the other city quadrants in terms of development. There has been a
significant increase in development interest as housing prices and level of residential
construction has Increased sharply in the last 2 years.
No significant other issues were raised by the public or any affected public agency at the public
hearings held by the Planning Commission
MG
Admin\9-28-1337-2nd
_.. .··_~·_,___..M'·..__· __,____....____.
_._-_._.__..._._,~._--.,..__. _.._---.-_..~~-------
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent
ITEM: \~ .fl.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~/JU
CITY MANAGER /I/f::
SUBJECT: Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code
and Zoning Map No. 124-29 changing the zoning district from A (Exclusive Agriculture)
to R-1 (One-Family Dwelling) on approximately 95 acres generally located south of
Panama Lane approximately 2,000 feet east of South Union Avenue (GPAlZC 04-1337).
(Ward # 1 upon annexation).
FROM:
Stanley C. Grady, Development Services
DATE:
September 13,2005
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council approved the Mitigated Negative Declaration and made first reading of the
ordinance on September 7,2005. The primary issue, now resolved, was potential conflicts
between proposal and the Airport Land Use Compatibility Plan.
The Planning Commission conducted public hearings on December 6 and 9, 2004 on this
General Plan Amendment/Zone Change 04-1337. The applicant's request was to change the
land use and zoning for the entire 95 acres. However, approximately 30 acres of the site are
impacted by the Airport Land Use Compatibility Plan which influences land use proximate to the
Bakersfield Municipal Airport. Because the northern portion of the site (30 acres) is located
within the Airport Land Use B-2 Zone, which generally does not permit residential development,
the request to rezone that portion was denied by the Planning Commission. The decision not to
approve residential development in that northerly 30 acres was appealed by the applicant.
The B-2 zone is located within the area of direct over flight of the runway. It is strictly for safety
reasons that residential developments are not recommended for the B-2 zone. The Airport
Land Use Compatibility Plan has various zones which relate to the issues of airplane noise and
safety for areas adjacent to the airport. This airport land use plan is a part of the Metropolitan
Bakersfield General Plan.
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent
ITEM: \~.f-.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD 7V"
CITY ATTORNEY í?JYÚ
.
CITY MANAGER J1-t:é
FROM:
DATE:
Stanley C. Grady, Development Services
September 13, 2005
SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map 101-11 from A (Agriculture) to R-1 (One Family Dwelling) on 70
acres and from A (Agriculture) to R-1-CH (One Family Dwelling - Church Overlay) on 10
acres, located on the south side of Snow Road (future) between Allen Road and Renfro
Road (future). Marino/Associates, representing King-Gardiner Farms LLC, Sure
Foundation Baptist Church, and Vivian Price, the property owners (ZC 05-0338). (Ward
4 upon annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
This amendment would permit the development of single-family residential units and a church
on the 80-acre site. The general area is transitioning to urban land uses. The Planning
Commission conducted public hearing(s) on this Zone Change and recommended City Council
approval on June 16, 2005. Harry Love representing the Sierra Club provided testimony to the
Planning Commission during the hearing. Mr. Love referred to the Sierra Club's comment letter
dated June 9, 2005, which addresses numerous issues including air quality, energy
conservation, light pollution, agricultural land conversion, 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.
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 12, 2005, in accordance with CEQA.
PH
Admin\9-28-Q338
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGEN~~ SECTION: Consent Calendar
ITEM: liJ.f}.
J
TO:
FROM:
Honorable Mayor and City Council
APPROVED
William Rector, Chief of Police
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
(fiA'\.
~
Æ:/
DATE:
August 25, 2005
SUBJECT: Resolution approving sale of surplus Police Department equipment to the United States
Army for the sum of $1.00
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Bakersfield Police Department possesses certain equipment that is no longer serviceable for the
Department, including approximately 40 riot helmets, leather belts and miscellaneous leather gear
including holsters, cuff cases and magazine holders. All the markings that identify this equipment as
belonging to the City of Bakersfield have been removed.
Bakersfield Municipal Code section 3.20.120 authorizes the Finance Director to sell surplus property in
any manner approved by the City Council. United States Army representatives have requested the City
sell this surplus equipment to the Army for use by Iraqi police. The Bakersfield Police Department and the
Finance Director desire to sell all the surplus equipment listed above to the United States Army for One
Dollar ($1.00).
S:\COUNCIL\Admins\05-06 Admins\BPD.SwplusEquipSale.doc
August 25. 2005 - 9:25 AM
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent
ITEM I d.. h.
TO:
Honorable Mayor and City Council APPROVED
Stanley Grady, Development Services Director DEPARTMENT HEAD~
September 16, 2005 CITY ATTORNEY~ ~ It/l1S
CITY MANAGE~ ife
FROM:
DATE:
SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the approval by the
Assistant City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Wards 1, 2, 3, and 6)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on September 12, 2005, by the Assistant City
Manager and all proposed charges were confirmed. The subject properties listed below were in
violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to comply
with the notices to abate such public nuisance. After a hearing duly noticed and held before the
Building Director, the Director issued orders requiring the property owner to abate the public nuisance.
The subject properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Carson
1. North of 3500 Anderson St. 172-102-37-00-5 $ 244.00
2. 5 Augusta St. 018-250-15-00-6 $ 389.00
3. 337 Augusta St. 018-220-35-00-5 $ 269.00
4. 120 Clifton St. 018-390-1 0-00-2 $ 489.00
5. 3204 Cottonwood Rd. 172-041-36-00-8 $ 269.00
6 1720 Filson St. 172 -041-31-00-3 $ 289.00
7. 3412 Hale St. 172-042-08-00-4 $ 269.00
8. 3610 Hale St. 172-052-09-00-0 $ 1,139.00
September 13. 2005, 4:43PM
P:\admin report oct6.bI1.doc
ADMINISTRATIVE REPORT
Page 2
PROPERTY LOCATION APN COST
9. Vacant Lot S/E Corner of Hayes & Virginia 018-360-24-01-3 $ 338.00
10. 3508 Horne St. 172-091-33-00-4 $ 539.00
11. 3'd Lot West of Lotus & North of E. Planz 170-180-04-00-5 $ 339.00
12. 3406 Oliver St. 172-101-41-00-9 $ 1,028.00
13. Vacant Lot So. of 3503 Oliver St. 172-102-16-00-4 $ 234.00
14. UNASSIGNED - 3513 Oliver St. 172-102-17-00-7 $ 234.00
15. Vacant Lot North of 3605 Oliver St. 172-102-18-00-0 $ 234.00
16. 3500 Lotus Lane. 172-092-34-00-4 $ 634.00
17. Vacant Lot N/W of E. Planz & Oliver St. 170-200-21-00-9 $ 180.00
18. 20d Lot N/W of E. Planz *& Oliver St. 170-200-19-00-4 $ 185.00
19. 3'd Lot N/W of E. Planz & Oliver St. 170-200-20-00-6 $ 239.00
Ward 2/Councilmember Benham
20. 2014 F 51. 003-242-03-00-4 $ 695.00
21. 331 Lincoln St. 012-340-15-00-0 $ 190.00
22. 1201 Niles St. 015-240-20-00-6 $ 439.00
23. 3016 Spruce St. 001-064-17-00-3 $ 269.00
24. 1030 20th St. 005-302-07-00-7 $ 420.00
Ward 3/Councilmember Maaaard
25. 2700 Arnold St. 021-403-14-00-1 $ 185.00
26. 2717 Arnold St. 021-402-19-00-9 $ 170.00
27. 3701 Cardinal Ave. 382-173-02-00-2 $ 190.00
28. 3701 Century Dr. 382-200-11-00-5 $ 180.00
29. 3013 Cornell St. 021-352-23-00-6 $ 338.00
30. 6011 Dorset 146-610-12-00-5 $ 339.00
31. 3717 K St. 120-070-03-00-5 $ 319.00
Ward 6/Councilmember Sullivan
32. 5303 Glacier Springs Dr. 499-173-04-00-9 $ 670.00
September 13. 2005. 3:05PM
P:\admin report oct6.bl1.doc
ADMINISTRATIVE REPORT
Page 2
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
September 13. 2005. 9:54AM
P:\admin report oct6.bI1.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
Consent Calendar
.1.
TO:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
@
ß^..9-.,
Ilf/
,
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
DATE:
September 15, 2005
CITY ATTORNEY
SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the application for State
grant funds and potential participation in the CalHome Program from the California
Department of Housing and Community Development (HCD). (WARD 1)
RECOMMENDATION:
Staff recommends approval of the application submission, adoption of the resolution, and authorize the
City Manager or his designee to execute all necessary agreements and documents.
BACKGROUND:
The California Department of Housing and Community Development (HCD) is accepting applications
under the CalHome Program for first-time homebuyer mortgage assistance programs. The CalHome
program provides an opportunity for cities to provide down payment assistance loans for permanent
financing of a unit ready for occupancy by a low income family. The deadline for the competitive
application is October 12, 2005.
Staff is interested in requesting approximately $477,000 in grant funds, with those funds being used to
provide mortgage assistance (silent second up to $30,000 at 0% to 3%) to about 15 low income first-time
homebuyer families who participate in the Southeast Bakersfield Infill Housing Project. Since 2002
approximately fifteen affordable housing units have been developed for sale through this Southeast Infill
program.
The selling prices for the Southeast Infill homes in the past have averaged about $95,000, and the
down payment assistance offered by the City was $5,000. Due to current real estate market, rising labor
and land costs, the typical average selling price today within the Southeast Project Area is in excess of
$200,000. To make the homes more affordable in 2006, mortgage downpayment assistance up to
$30,000 or more is needed for this program. In addition to the California Housing Finance Agency (CHFA)
HELP Loan funds we received in 2002 which are used to assist Southeast Infill builders for constructing
the single family dwellings. The CalHome program will allow staff to utilize these new funds for
down payment assistance for qualified first-time low income buyers in conjunction with the Southeast Infill
Program. Once the funds are repaid by the families, the funds can be reloaned within the City for eligible
CalHome activities in accordance with an approved CalHome reuse account plan.
S:\Admins\City Counci \CaIHome grant reso.doc
9/15/2005 10:43 AM
ADMINISTRATIVE REPORT
Page 2
This attached resolution authorizes city staff to execute and submit the CalHome application and
necessary agreements and documents required by HCD to receive the grant funds.
S:\Admins\City Council\CalHome grant reso.doc
9/15/200510:43 AM
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: ll.i.
u
TO:
Honorable Mayor and City Council
DATE:
September 8, 2005
CITY ATTORNEY
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
/l{/
,
SUBJECT: Resolution adding territory, Area 1-59 (Olive, Old Farm 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. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 7, 2005 the Council adopted Resolution of Intention No. 1400 to add
territory, Area 1-59 (Olive, Old Farm NE), 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. 6399. Area 1-59 is generally bounded by a line
approximately 690 feet north of Olive Drive on the north, Woodland Hills Drive on the east, Olive Drive on
the south and Old Farm Road on the west. This area will be under the streetscape zone of benefit and will
be assigned the appropriate tier level when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD1·59_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA S~CTION: Consent Calendar
ITEM: \::1.1(.
TO:
APPROVED
DEPARTMENT HEAD f!/~
CITY ATTORNE/ ~
CITY MANAGER ,At'
SUBJECT: Resolution adding territory, Area 3-32 (Stine, McKee 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 6)
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE:
September 8, 2005
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 7,2005 the Council adopted Resolution of Intention No. 1399 to add
territory, Area 3-32 (Stine, McKee 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. 6290. Area 3-32 is generally bounded by
McKee Road on the north, Mountain Ridge Drive on the east, Taft Highway on the south and Stine Road
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 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
MD3-32_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: ,;2..1,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
ß'--
tJÆz4..
'fk
.
September 8, 2005
SUBJECT: Resolution adding territory, Area 3-38 (Panama, Windermere) 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 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 7, 2005 the Council adopted Resolution of Intention No. 1401 to add
territory, Area 3-38 (Panama, Windermere), 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. 6320. Area 3-38 is generally
bounded by a line approximately 1,320 feet north of Panama Lane on the north, a line approximately
1,320 feet east of Windermere Street on the east, Panama Lane on the south and the Buena Vista Canal
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 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
MD3-38_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1;),.1'1\.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER lie
SUBJECT: Resolution adding territory, Area 3-39 (Gosford, Pacheco SE) 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 5)
DATE:
September 8, 2005
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On September 7, 2005 the Council adopted Resolution of Intention No. 1402 to add
territory, Area 3-39 (Gosford, Pacheco SE), 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 Parcel Map No. 11118. Area 3-39 is generally
bounded by Pacheco Road on the north, a line approximately 1,270 feet east of Gosford Road on the
east, a line approximately 500 feet south of Pacheco Road on the south and Gosford Road 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 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
MD3·39_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: l:t.r¡.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
September 9, 2005
CITY ATTORNEY
CITY MANAGER
!LOVED
~
Aú
SUBJECT: Resolution of Intention No. 1362 to add territory, Area 4-33 (Reynard, McKenna S) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6251 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 4-33 is generally bounded by a line approximately 120 feet
south of Reynard Road on the north, a line approximately 165 feet east of McKenna Street on the east, a
line approximately 1440 feet south of Reynard Road on the south and a line approximately 165 feet west
of McKenna Street 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
September 9. 2005. 9:41AM
MD4-33Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: I;)..D.
TO:
Honorable Mayor and City Council
DATE:
September 15, 2005
CITY ATTORNEY
/
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
A-c
.
SUBJECT: Resolution of Intention No. 1363 to add territory, Area 4-34 (Auburn, Morning NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 5982 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 4-34 is generally bounded by a line approximately 1,320
feet north of Auburn Street on the north, a line approximately 2,680 feet east of Morning Drive on the east,
Auburn Street on the south and Morning Drive 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
September 15. 2005. 9:04AM
MD4-34Ri05.dot
'-~~'~<-'-"- "-..--....------..,--. .~._-~---_._--
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: \:1. £>.
TO:
Honorable Mayor and City Council
A PROVED
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
ße.,
,
DATE:
September 9, 2005
CITY MANAGER
SUBJECT: Resolution of Intention No. 1406 to add territory, Area 1-60 (Etchart, Calloway SE) 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 owner of Tentative
Tract No. 6419 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 street landscaping. Area 1·60 is generally bounded by Etchart Road on the north, Quail Creek Road on
the east, a line approximately 1,320 feet south of Etchart Road on the south and Calloway Drive on the
west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level
when 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
September 9, 2005, 10:43AM
MD1·60Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: ¡:l.a.
V
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
APPROVED
ilL
Í3ínJ
Ik
DATE:
September 15, 2005
CITY ATTORNEY
SUBJECT: Resolution of Intention No. 1407 to add territory, Area 4-40 (Oak, 19th SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 2).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map Waiver No. 04-1670 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 4-40 is generally bounded by 19th Street on
the north, a line approximately 265 feet west of Oak Street on the east, a line approximately 120 feet
south of 19th Street on the south and a line approximately 390 feet west of Oak Street 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
September 15, 2005, 8:59AM
MD4·40Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: Sept. 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: I;)... r.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
August 17, 2005
CITY ATTORNEY
CITY MANAGER
Arc
SUBJECT:
Resolution of Intention No. 1404 to order the vacation of the 20 foot alley and the North
22.5' of 7th street, between "K" Street and "L" Street within Block 52 of the Lowell
Addition per City of Bakersfield Map file in Book 1, Page 13 & 14 all within Section 31,
T.29S., R.28E., M.D.M. (Ward 1)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Pasquini Engineering is developing multi-family units, R-3 zone, and has requested the vacation of the 20 foot
alley and the North 22.5 feet of 7th Street, between "K" and "L" Street within Block 52. The existing right of way for
7'h Street is 82.5 feet wide. The minimum current standard for local street in the R-3 zone is 60 feet.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been
notified of the request and no objections have been received as of the date of this report. Public Works notes that
there is a City sewer main within the alley. There are no storm drain facilities in the vacating area. As a condition
of the final adoption of the vacation request the applicant is to relocate the existing sewer main to City standards
and approved by the City.
The utility companies serving the area have been notified by mail. PG&E has notified us of existing gas and
electrical facilities within the alley. As a condition of the final adoption of thè vacation request the applicant is to
relocate all existing utilities within the vacation area to the satisfaction of the utility companies and the City.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed
vacating area. Public Works has received one objection from Mr. Tim Lee of 518 Chester Avenue, see attached
letter.
The proposed vacation was approved by the Planning Department on August 1 ", 2005 per local ordinance and
was found to be consistent with the Metropolitan Bakersfield 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 October 12, 2005, on the
proposed vacation.
bw
August 29. 2005. 2:57PM
G:\GROUPDA1ìADMINRPT\2005\09-28\ROI1404 Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: Sept. 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: la.5.
TO:
Honorable Mayor and City Council
DATE:
September 15, 2005
CITY ATTORNEY
M,
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
SUBJECT:
Resolution of Intention No. 1408 to order the vacation of portions of Comanche Road
south of SR 178 to the south line of the Northeast quarter of Section 16, T 29 S, R 29 E,
M.D.M. (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
City of Bakersfield Public Works Department is requesting vacation of a portion of Comanche Road. This is a
remnant remaining from the City/County project to realign Comanche Road with Alfred Highway at SR 178. Sixty
feet of existing right of way and cul-de-sac is to remain approximately 370 feet south of SR 178, a portion of a
standard street knuckle will also remain for future Buffalo Avenue and Canyon Street for tentative Tract 6485 for
access to the new alignment of Comanche Road.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been
notified of the request and no objections have been received as of the date of this report. Public Works notes that
there is not a City sewer main or storm drain facilities in the vacating area. General Services would have to
remove 7 traffic signs, 24 feet of wooden rail, and 1000 feet of center line striping within Comanche Road to
remove.
The utility companies serving the area have been notified by mail and none have indicated objection as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed
vacating area. Public Works has not received any objection as of the date of this report.
The proposed vacation was approved by the Planning Department on August 25th, 2005 per local ordinance and
was found to be consistent with the Metropolitan Bakersfield 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 October 12, 2005, on the
proposed vacation.
mb
September 15. 2005, 8:11AM
G:\GROUPDAT\ADMINRPT12005\09-28\ROI1408 Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: Sept. 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: \~. t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
August 30, 2005
CITY ATTORNEY
CITY MANAGER
¡/([/
SUBJECT: Resolution of Intention No. 1409 to order the vacation of a right of way of Feemster
Street and DeMaree Avenue in the NW1/4 of Section 25, T 30 S, R 27E, M.D.M. (Ward
7)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Mcintosh & Associates on behalf of Greenfield School District has requested the vacation of right of
way of Feemster Street and DeMaree Avenue. The site is planned for the new Berkshire School No.
12. Public access to interior parcels of Parcel Map no. 4386 is not necessary, as the school will
encompass the entire site.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is not a City sewer main or storm drain facilities within the vacating area.
General Services will have one "END" sign to remove.
The utility companies serving the area have been notified by mail and none have indicated objection as
of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objection as of the date of this report.
The proposed vacation was approved by the Planning Department on August 25th, 2005 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 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 October 12, 2005, on
the proposed vacation.
MB
September 6. 2005, 8:43AM
G:\GROUPOA MDMINRPT\2005\09-28\ROI1409 Admin.doc
_..,.._._.~_..,_.~.~-_'_---~~-~
--.....------'-.
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent
ITEM: Id.. u...
TO:
FROM:
DATE:
Honorable Mayor and City Council
0#
DEPARTMENT HEAD
CITY ATTORNEY d/fl
APPROVED
fr/
I
Carroll Hayden, Human Resources Manager
September 1, 2005
CITY MANAGER
SUBJECT: Change to Salary Schedule
1. Amendment No. 16 to Resolution No. 122-01 approving Memorandum of
Understanding for employees of the General Supervisory, Police Supervisory and
Management Units and adopting salary schedule and related benefits for Economic
Development Director
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
It has been more than 15 years since the position of Economic Development Director has been reviewed.
In that time, the job has become extremely more complex and has grown considerably. The position now
requires significant specialization regarding laws and operations in the development field. It should also
require an Economic Development Finance Professional designation and a California Broker's license
would be highly desirable.
Also, the position now requires the ability to frequently research and file competitive applications for grants
on a national level and to obtain creative and low interest loans to further key projects.
In addition to the technical skills, the position requires mentoring and training of management and
technical staff concerning redevelopment project management and implementation. As the scope of this
position grows, it is necessary that the supporting team gain development principals and financing skills
involving complex redevelopment project assignments.
It is recommended that the salary range of this position be elevated to correspond to that of the Water
Resources Manager, which due to the myriad of laws concerning water rights and usage is a comparable
position.
September 12, 2005, 2:33PM
S:\ADMINRPnEcon. Dev. Dir..dot
__W'__'_~"~ . _'~."_'..__"_
_.......~~......_."_'_a~ .._____.___.___. ____,..,_"n_._''''_
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: I¡.J.
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover
Director of Recreation and Parks
DEPARTMENT HEAD
APPROVED
Oulf
DATE:
September 16, 2005
CITY ATTORNEY
CITY MANAGER
/3I)Ji/
f'tL
SUBJECT: Resolution of the Council for the City of Bakersfield approving the application for grant
funds for "Green Trees for the Golden State" under the California Department of Forestry &
Fire Protection, Urban and Community Forestry Program.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The purpose of the 2005/2006 "Green Trees for the Golden State" grant program is to provide funding for
urban and community forestry tree planting projects. The intent is to fund projects that provide greater air
quality benefits and greater energy conservation benefits.
This grant only funds costs associated with the purchase and planting of trees. The city will be required to
provide up to three years of care which ensures the long-term viability of those trees. Department staff is
proposing to plant in areas that will ensure the best growth with minimal damage. As part of the program,
an educational/public awareness program will be provided. Staff is currently working on the determining
the location(s) of the trees. Once that is complete, a total cost and grant funding request will be
detenmined.
The city will be collaborating with the Tree Foundation and other groups to ensure completion of the
project and provision of benefit to the community.
September 19, 2005, 12:22PM: rlj
S:\Green Trees Grant\Green Trees Admin Rpt.doc
_~,.,_.__..__.._ _..__.__.....__..__. __'__ ~_.._, _~.__.......,., ..·_-.0,,-,_·, ._._~_~
-_.__._-~-
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: l;;t. vJ.
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover
Director of Recreation and Parks
DEPARTMENT HEAD
APPROVED
DLH
DATE:
September 16, 2005
CITY ATTORNEY
CITY MANAGER
Vb--
Au
SUBJECT: Resolution of the Council of the City of Bakersfield approving the application for grant funds
for the California River Parkways Grant Program under the Water Security, Clean Drinking
Water, Coastal and Beach Protection Act of 2002 (Proposition 50). (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
In November 2002, California voters passed the Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002 (Proposition 50). The Legislature authorized an appropriation of $100 million
available statewide for the acquisition, restoration, protection and development of River Parkways. This is
a competitive program application process.
City staff is proposing to apply for funds to create an outdoor recreation area in the vicinity east of Golden
State Avenue, on the east side of the railroad and west of Chester Avenue, near the Calloway Weir. The
city already owns the property which, through this grant, will provide self-guided, interpretive trail areas to
protect, secure and inform the public about the Kern River. Proposed amenities include conservation and
interpretive enhancements (displays and signage), walking paths/boardwalk, landscaping, tree planting,
scrubland, and a small overlook platform.
The city will be collaborating with the Kern County Parks and Recreation, local schools, Tree Foundation,
and the Kern River Parkway to ensure completion of the project and provision of benefit to the community.
September 20, 2005, 2:52PM: rlj
R:\User_ProjectslProp 50 GrantIProp 50 Admin.doc
_____~_._.__"~.___ .,_.·_._·._,"_o~. ._,~
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: I,¡,'\I.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD .lL
CITY ATTORNEY ~
FROM:
Raul M. Rojas, Public Works Director
DATE:
September 8, 2005
CITY MANAGER
n
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Maps for Tract 6475 Units 1, 2, and 3 Improvement Agreements for Tract 6475 Units
1,2,3, and 5 with Castle & Cooke California, Inc., located north of Panama Lane and east
of Ashe Road (Ward 6)
(2) Improvement Agreements with Bakersfield University Partnership, LP for Parcel Map 11052
located north of Stockdale Highway and west of Gosford 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.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
td
September 8. 2005. 3:23PM
G:\GROUPDAT\ADMINRPTì2005\09-28\MAP AND IMPROVEMENT AGRdot
-------_.~- .._~"_.__.~.._".'"~~-"._,
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: I .
TO:
FROM:
DATE:
Honorable Mayor and City Council
September 8, 2005
CITY ATTORNEY
APjOVED
¿!f-
j/¿;-
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
j/fz,
SUBJECT: License Agreement, Renfro Road (Tract 6448) with Castle & Cooke California Inc., allows
Castle & Cooke to use a portion of Renfro Road located between Culiacan Avenue and the
Cross Valley Canal for private roadway and landscape purposes. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the agreement.
BACKGROUND:
A portion of Renfro Road located between Culiacan Avenue and the Cross Valley
Canal has been removed from the Circulation Element of the Metropolitan General
Plan and is not needed for vehicular traffic. Castle & Cooke California Inc. is
developing property adjacent to this portion of Renfro Road and is requesting that
they be allowed to use the roadway as private access and landscaping. This
Agreement gives them the right to use the roadway and sets out requirements for
that use.
NOTE: THE AGREEMENT IS FILED IN THE
CITY CLERK'S OFFICE FOR REVIEW.
td
September 9.2005, 8:16AM
G:\GROUPDAT\ADMINRPlì2005\09-28\LlCENSE AGREEMENT, RENFRO ROAD, TR6448.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1.1. 'Z.. .
TO:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/f/'->
K;.--
(!r/
I
FROM:
DATE:
August 30, 2005
SUBJECT: Agreement for Sale of Surplus Computer Equipment to the United Way of Kern County.
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND:
The Finance Director has received a request from the United Way of Kern County, a non-profit
organization, to purchase three (3) used surplus computers and monitors to be used in their local office.
While the City does have a current market for this type of surplus equipment, which could be sold at
auction for an estimated $750 ($250 for a computer/monitor times 3 sets) we are suggesting that the City
Council authorize the sale of this surplus equipment at $1 per piece of equipment. This action constitutes
a gift / contribution to the United Way of approximately $750.
The Bakersfield Municipal Code section 3.20.120 F provides for this action and states that any sale to a
governmental entity or non-profit organization shall be subject to confirmation and approval by the City
Council.
The items are being sold "as is with all faults" to remove the City from any potential liability claims.
nks
S:\KimG\Forms & Lables\Admin-sale of surplus equipment-united way. doc
15.2005. 5:12PM
September
... .______~.'_.. .___________.___._.____________ _._···w".
.- .._--,.~,,---_..
ADMINISTRATIVE REPORT
MEETING DATE: September 28.2005
AGENDA SECTION: Consent Calendar
ITEM: I~. M...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY/Jo lfYl5-
fk
September 20, 2005
CITY MANAGER
SUBJECT: Pipeline Crossing Agreement with Union Pacific Railroad Company ($3,650) for Street
Improvements: At-grade rail crossing on the Union Pacific Railroad Buttonwillow Branch at
Old River Road (Ward 5).
RECOMMENDATION: Staff recommends approval of Pipeline Crossing Agreement.
BACKGROUND: On August 19. 2004, the City received approval from the California Public Utilities
Commission to construct new at-grade crossings on the Union Pacific Railroad Sunset Branch at Harris
Road and on the Union Pacific Railroad Buttonwillow Branch at Mountain Vista Drive, Old River Road and
Akers Road. The new crossing at Old River Road requires relocation of the existing pipeline crossing for
the Kern Delta Panama Ditch. As part of this project, the City will construct a new pipeline crossing under
the railroad tracks on the west side of Old River Road and abandon the existing corrugated metal pipe
crossing on the east side of the road. The new pipeline crossing under the Union Pacific Railroad will
eliminate two crossings on the Old River Road alignment.
Sufficient funds are available for this project.
September 20. 2005, 3:44PM
G:\GROUPDAT\ADMINRPT\2005\09-28\0Id River Road Pipeline Agreement.doc
"'..-,..------ ----~-~.., .,"-~....__.~-
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: 1.;1.. bb·
TO:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
~
ilL/
I
FROM:
Donna L. Kunz. Economic Development Director
DEPARTMENT HEAD
DATE:
September 15, 2005
CITY ATTORNEY
SUBJECT: Agreement with Bethany Services for $60,875 of Emergency Shelter Grant (ESG) funds to
support the operating costs necessary to continue services at the Bakersfield Homeless
Center, 1600 East Truxtun Avenue. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the tenth year the City of Bakersfield has received ESG entitlement funds. The purpose of the
ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the
costs of operating the shelters, and provide essential social services, as well as, funding preventive
programs and activities. There are four eligible activities: 1) renovation, major rehabiiitation or conversion
of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance,
operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the
development and implementation of homeless prevention activities.
It has been the Council's practice not to approve operating funds to non-profit agencies requesting
assistance. However, with respect to ESG funds the Council has made an exception and allowed the use
of these funds for operational purposes. Thus, this agreement does include operational funds to provide
essential services for homeless prevention activities. With respect to all other federal entitlements staff
will continue to implement Council policy of precluding the use of such funds for operations.
As a part of the Fiscal Year 2005/06 budget process, the Council approved, in principle, the funding for
Bethany Services of up to $60,875 for eligible ESG activities. The agreement, now before Council,
outlines the requirements and responsibilities of the grant. Activities funded by the grant are outlined in
the narrative below:
Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy
products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial
and maintenance services necessary to the on-going operation of the Center. No more than
$60,875 of the grant will be used to provide these operational activities.
All activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
S:\Admins\City Council\BHC ESG 2005-06.doc
9/15/2005 1 :51 PM
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: I~.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~
FROM:
Donna L. Kunz, Economic Development Director
DATE:
September 1, 2005
SUBJECT: Agreement with Bakersfield Rescue Mission for $60,875 of Emergency Shelter Grant (ESG)
funds to support the operating costs necessary to continue services at the Bakersfield
Rescue Mission, 830 Beale Avenue. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the ninth year the City of Bakersfield has received ESG entitlement funds. The purpose of the ESG
program is to improve the quality of existing emergency shelters for the homeless, help meet the costs of
operating the shelters, and provide essential social services, as well as, funding preventive programs and
activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion of buildings for
use as emergency shelters; 2) provision of essential services; 3) payment of maintenance, operation
(including staff costs related to operations), insurance, utilities, and furnishings; and 4) the development
and implementation of homeless prevention activities.
It has been the Council's practice not to approve operating funds to non-profit agencies requesting
assistance. However, with respect to ESG funds the Council has made an exception and allowed the use
of these funds for operational purposes. Thus, this agreement does include operational funds to provide
essential services for homeless prevention activities. With respect to all other federal entitlements staff
will continue to implement Council policy of precluding the use of such funds for operations.
As a part of the Fiscal Year 2005/06 budget process, the Council approved, in principle, the funding for
Bakersfield Rescue Mission of up to $60,875 for eligible ESG activities. The agreement, now before
Council, outlines the requirements and responsibilities of the grant. Activities funded by the grant are
outlined in the table and narratives below:
Operation a/ Activities: Include utilities, office supplies, telephone costs, insurance, occupancy
products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial
and maintenance services necessary to the on-going operation of the Rescue Mission. No more
than $60,875 of the grant will be used to provide these operational activities.
All activities funded with the ESG grant wili be completed within one calendar year of execution of the
agreement.
S:\Admins\Cjty Council\Rescue Mission ESG 200S-06.doc
911/20052:59 PM
-~'-"'''--''-'- -,.-----".-..,-".---.
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent
ITEM: . d.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DATE
September 20, 2005
CITY ATTORNEY
~
ff¿
Stanley C Grady, Development Services
DEPARTMENT HEAD
CITY MANAGER
SUBJECT: Concurrent Application Processing.
1. Amendment NO.1 to Agreement 05-121 with RBF Consulting for $70,000.00 to assist staff with
the processing of Concurrent Applications.
2. Appropriate $70,000.00 in revenues to the Development Services Fund operating budget.
RECOMMENDATION:
Staff recommends the approval of the agreement and the appropriation.
BACKGROUND:
The City of Bakersfield continues to experience record levels of development activity and the
number of applications for General Plan Amendments and Zone Changes (Concurrent
Applications) also continues to increase. In March of 2005, the original contrê.~t with RBF
Consulting was executed in the amount of $70,000.00 to assist Planning staff with processing
routine projects while recruiting to fill vacancies. While some of the positions have been filled, the
contract with RBF Consulting needs to be amended while recruitments are underway for the
remaining positions. With this amendment, the total contract amount is $140,000.00.
RBF Consulting is uniquely qualified to provide this service. They have successfully completed
several important local projects and are familiar with our location conditions, local ordinances, and
current planning programs that address development issues. The funding for the consultant would
be offset by fee revenues generated from Concurrent Applications.
P:\PlanningIRBF CA Contract Amendment Admin,DOC
MAD
,~___~._'_.·m·'"'_'·_·· _"" .."_'__"_",""_'~___
-----~-_..__.-
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: la.a...
APPROVED
DEPARTMENT HEAD ?"'t'\A.
CITY ATTORNEY ¡;J)J¿J.
CITY MANAGER ~
SUBJECT: Contract Change Order No. 3 to Agreement No. 04-338 with S.C. Anderson Inc.,
($12,410.82 decrease; for a revised not to exceed compensation amount of
$2,797,705.03), for the Park at River Walk, Building Improvement Contract (Ward 4).
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE:
September 13, 2005
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Construction of the Park at River Walk, Building Improvement Contract was awarded
to SC Anderson, Inc., at the November 17, 2004 Council meeting. The awarded contract amount was
$2,795,000.
During the course of construction, it was discovered that a portion of the planned storm drainage system
behind a retaining wall is not necessary. The contractor has agreed to provide a credit to the City in the
amount of $986.39 for the deletion of this portion of the storm drain system.
During construction, it was discovered that some of the decorative aluminum screen panels planned for
the amphitheater stage area would conflict with some of the electrical facilities being installed. Further
review showed that the areas in question are hidden from the public and as such, the decorative screens
are not needed. The contractor has agreed to provide the City a credit of $12,199.25 for deletion of these
decorative aluminum screen panels.
The mirrors in the dressing room areas had to be modified in order to place the planned height of the
electrical outlets. The contractor has agreed to modify these mirrors and provide decorative outlet covers
for the lump sum price of $774.82
This is the third contract change order to be submitted for the project. This change order will decrease the
Building Improvement project total by $12,410.82. The change orders to date on this project reflect a net
increase of $2,705.03 (which is an increase of 0.09% of the original contract amount) as illustrated below:
.
Original Contract Amount =
Amended Contract Agreement after Change Orders =
Net Increase =
$2,795,000.00
$2,797,705.03
$ 2,705.03
.
Rick_M@Construction
9/1312005 9:45:13 AM
G:\GROUPDAT\ADMINRPT\2005\09-28\32 Acre Park Building Contract - ceo 3.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: la..çç..
DATE:
APPROVED
DEPARTMENT HEAD ß' g \A
CITY ATTORNEY jJ.rrIbJ
.
CITY MANAGER ~
SUBJECT: Contract Change Order NO.4 to Agreement No. 04-339 with S.C. Anderson Inc., ($530.68
increase; for a revised not to exceed compensation amount of $5,689,150.31), for the Park
at River Walk, Site Improvement Contract (Ward 4).
Honorable Mayor and City Council
TO:
FROM:
Raul M. Rojas, Public Works Director
September 13, 2005
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Construction of the Park at River Walk, Site Improvement Contract was awarded to
SC Anderson, Inc., at the November 17, 2004 Council meeting. The awarded contract amount was
$5,646,000. This is the fourth contract change order to be submitted for the project.
During the course of construction, it was discovered that a portion of the planned storm drainage system
behind the amphitheater stage is not necessary. The contractor has agreed to provide a credit to the City
in the amount of $888.46 for the deletion of this portion of the storm drain system.
A specified lumber product to be used in the "tot lot" area was found to be unavailable. The contractor has
proposed using a substitute product which will provide the same strength and aesthetics as the specified
product. The contractor has agreed to provide the City a credit of $7,500 for this substitution.
During construction of the electrical system, PG&E informed the City that an additional electrical vault
would be required in order to provide power to the park. The contractor has agreed to provide and install
this vault along with the additional wiring for the lump sum price of $8,919.14.
This change order will increase the Site Improvement project total by $530.68. The change orders to date
on this project reflect a net increase of $43,150.31 (which is an increase of 0.76% of the original contract
amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Order
Net Increase
=
$5.646.000.00
$5,689,150.31
$ 43,150.31
=
.
=
Sufficient funds are budgeted to cover this contract change order.
RJck_M@Constructlon
9/1312005 9:48:31 AM
G:\GROUPDAT\ADMINRPT\2005\09-28\32 Acre Park Site Contract - ceo 4.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM Id..
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD /1,/<)
CITY ATTORNEY~ br .ßS
CITY MANAGER If-:
/
SUBJECT: Accept bid to award annual contract for street materials to Granite Construction Company,
not to exceed the budgeted amount of $3,000,000.
FROM:
Nelson K. Smith, Finance Director
DATE:
September 15, 2005
RECOMMENDATION:
Staff recommends acceptance of bid and award of contract.
BACKGROUND:
This contract is used to provide asphalt material for repair and maintenance of city streets. Invitations to
bid were sent to ten (10) vendors. Three (3) bids were received. Departments estimate quantities and
types of supplies that may be required for the contract year. Staff requests the award be made to Granite
Construction, the low bidder, as shown on the attached bid recap sheet.
klg
September 15, 2005, 11 :55AM
S:\KimG\Forms & Lables\Admin-Aspha~ 2005.doc
" -~-----_.
.. ---,,~._._-~..._'. -.---------- ..-..---.-..--
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1:1. hh.
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY .t?Øz,.i
.
DATE:
September 7, 2005
CITY MANAGER
SUBJECT: Accept bid from L N Curtis & Sons $33,751.58, for Radiation/Haz Mat Monitors and
Detectors for the Fire Department.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to seven (7) vendors. Two (2) complete bids were received,
as follows:
L N Curtis & Sons
1800 Peralta Street
Oakland, CA 94607-1603
in the amount of
$33,751.58
S E International, Incorporated
POBox39
Summertown, TN 38483-0039
in the amount of
$37,462.43
Purchasing Division
KB
S:\PURCHIADMIN\C05_092B_Monitors·Detectors.doc
September 7, 2005, 5:14PM
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM:
.11,
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
September 8, 2005
SUBJECT: Accept bid to award contract to Bowen Engineering & Environmental ($33,000.00) for
Demolition of Improvements at 2420-2424-2430 Mohawk Street (County Area).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: Mohawk Street will be widened to full arterial width from Truxtun Avenue to Rosedale
Highway as part of the Westside Parkway project. This demolition of three old buildings will clear the right
of way for future construction.
This project is funded entirely with Transportation Development Funds. The Engineer's Estimate for this
construction contract was $39,400.00. There are sufficient funds in the project account for this contract.
On July 12, 2005 four bids were received on this project. After much delay the apparent low bidder was
declared "Non-Responsive" for failure to provide acceptable bonds. The remaining three acceptable bids
received are as follows:
Bowen Engineering & Environmental
4664 S. Cedar Ave.
Fresno, CA 93725 (Out of Town)
Vortex
320 Butte Street
Bakersfield, CA 93305
in amount of
$33,000.00
(City)
in amount of
$39,999.00
Wise Engineering, Inc.
P. O. Box 709
Visalia, CA 93279
(Out of Town)
in amount of
$49,100.00
PWÆngr/wgm
September 9, 2005, 1 0:50AM
G:\GROUPDA1\ADMINRPT\2005\09-28\Bowen Engineering & Environmental.dot
- -_._--~~-, .._._.-~"..- ...,,~._--
._------..~...'._"-,
ADMINISTRATIVE REPORT
Certified Ad Services, Incorporated
909 W. Nielsen
Fresno, CA 93706 in the amount of $65,619.84
Coastline Graphics, Incorporated
1790 Kelton Avenue
Los Angeles, CA 90024 in the amount of $68,395.47
Diversified Printers, Incorporated
16200 Trojan Way
La Mirada, CA 90638 in the amount of $70,914.77
Fed Ex Kinko's
4001 Stockdale Highway
Bakersfield, CA 93309 (City) in the amount of $82,582.50
Castle Print & Publication
4401 Stine Road
Bakersfield, CA 93313 (City) in the amount of $82,911.73
Purchasing Division
KB I LJM
S:\PURCHIADMINlC05_0928_Recreation Brochure.doc
September 14, 2005, 1 :56PM
PAGE 2 OF 2
--------"._-,,-~----,.__.- -- ,_._--~..----->_._~~
,-_.~--,-
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD /f/'5
CITY ATTORNEY I3Jn/
A0
,
CITY MANAGER
September 9, 2005
SUBJECT: Accept bid to award contract to Valley Business Printers, Incorporated, not to
exceed $60,000, for three (3) issues of the activity brochure for Recreation and
Parks.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: The Recreation and Parks brochure provides information to the public on
activities, special events, park locations and accessibility, etc. This contract is for brochures to be
produced for Fall 2005, Spring 2006, and Summer 2006. Each production will include
approximately 100,000 brochures. The bid prices below are base prices. Some production
issues may contain added pages to accommodate program activities. These added pages
increase the base price.
Invitations to bid were sent to eleven (11) vendors. Eight (8) bids were received, as follows:
Valley Business Printers, Incorporated
16230 Filbert Street
Sylmar, CA 91342 in the amount of
$51,431.00
San Dieguito Printers
1880 Diamond Street
San Marcos, CA 90034 in the amount of
$54,404.71
Casey Printing, Incorporated
398 E. San Antonio Drive
King City, CA 93930 in the amount of
$63,187.76
Purchasing Division
KB I LJM
S:\PURCHIADMIN\C05 _0928_Recreation Brochure.doc
September 14, 2005. 1:56PM
PAGE 1 OF 2
ADMINISTRATIVE REPORT
Part D-Cameras
TV Magic, Incorporated
POBox 546
San Clemente, CA 92674
in the amount of
$375,400.74
Part E-Monitors
TV Magic, Incorporated
POBox 546
San Clemente, CA 92674
in the amount of
$ 11 ,529.38
Purchasing Division
KB
C:\DOCUME-1 lkberrigaILOCALS-1 \ Templadmin vidio equip arena.doc
September 12, 2005, 1 0:32AM
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: 11. Kt.
September 12, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
I1ú
.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
CITY MANAGER
SUBJECT: Accept bids from Enders and Associates $134,852.28 (Part A) and TV Magic. Incorporated
$386,930.12 (Part D and E) for the Digital Upgrade to the Video Replay Systems for the
Rabobank Arena.
RECOMMENDATION: Staff recommends acceptance of bids.
BACKGROUND: This bid is regarding the upgrade and replacement of video equipment in the Rabobank
Arena control room. The bid was split into five sections to obtain the best prices available on each
component and/or systems in the control room. Invitations to bid were sent to seven (7) vendors. Three
(3) complete bids were received: one bid on Part A-Switcher, Router and Interface Components; one bid
on Part D-Cameras and one bid on Part E-Monitors. Incomplete bids were received on Part B-Support,
Replay, Edit, Effects and Test Equipment and Part C-Hardware, Cabling and Supplies. The intent of the
City was to award each entire section to a responsible bidder, therefore, an incomplete bid on a section is
unacceptable. Staff will re-evaluate and revise the scope of work for Part B-Support, Replay, Edit, Effects
and Test Equipment and Part C-Hardware, Cabling and Supplies and re-bid those sections.
Award three (3) bids as follows:
Part A-Switcher. Router and Interface ComDonents
Enders and Associates
8912 Nevada Avenue
West Hills, CA 91304
in the amount of
$134,852.28
Part B-SUDDOrt. ReDlav. Edit. Effects and Test EauiDment
No Acceptable Bids
Part C-Hardware. Cablina and SUDDlies
No Acceptable Bids
N/A
N/A
Purchasing Division
KB
C:\DOCUME-1\kberrigaILOCALS-1\Templadmin vidie equip arena.dec
September 12, 2005, 1 0:32AM
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: I~.ll.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
September 9, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Ae
j/~
/17/
.
SUBJECT: Appointment of League Voting Delegate and Alternate at Annual Conference
RECOMMENDATION:
Appointment of Council member Zack Scrivner as League Voting Delegate and City Attorney Ginny
Gennaro as Alternate.
BACKGROUND:
Each year, as part of the City's membership in the League of California Cities, the City Council appoints
a Voting Delegate and Alternate to represent the City's position on resolutions at the annual business
meeting of the League's Annual Conference. This year's annual conference is being held October 6-8,
2005 in San Francisco. The annual business meeting will be held on Saturday, October 8, beginning at
approximately 10:00 a.m.
The Legislative and Litigation Committee met on September 7, 2005, to discuss this issue. The
Delegate and Alternate are typically appointed from among elected leaders attending the Annual
Conference. Appointees for Council approval have traditionally been recommended by the Legislative
and Litigation Committee.
The Legislative and Litigation Committee is, therefore, recommending that Council appoint
Councilmember Zack Scrivner as this year's League Voting Delegate and City Attorney Ginny Gennaro
as Alternate.
September 9, 2005, 11 :35AM
C:\Documents and Settingslachriste\Desktop\voting delagate admin 9·28-05.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent Calendar
ITEM: \~, Ifhrn .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
September 9, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
I-l-c
v&
Ik/
r
SUBJECT: City Positions on League of California Cities Resolutions
RECOMMENDATION:
Committee recommends acceptance of recommendations.
BACKGROUND:
The Legislative and Litigation Committee met on September 7'h to review the proposed League of
California Cities annual resolutions. The resolutions, when approved by the General Assembly at the
Annual Conference, will provide important policy guidance for the League during the upcoming year.
In its meeting, the Legislative and Litigation Committee reviewed information and took a position for each
resolution regarding whether or not to support, oppose or remain neutral. The Committee's
recommendations for the 10 proposed resolutions are:
Support: Resolutions 1, 2, 4, 6, 8
Oppose: Resolution 3, 5
Discretion to Delegate: Resolution 7
The Committee is forwarding these recommendations to Council for approval and direction to the City's
Conference Voting Delegate to vote accordingly. As the City's representative, the Voting Delegate has the
authority to forward the Council's agenda as proposed resolutions change during the course of the Annual
Conference, in keeping with the Council's historical directive.
The resolutions must be acted upon tonight in order for the Voting Delegate to be given Council direction
in time for the League's Annual Conference October 6-8, 2005.
September 9, 2005, 1 0:24AM
C:IDocuments and SettingslachristelDesktoplADM02·1 0·02-'·LeagueResolutions.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent
ITEM I
TO
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD Æ
CITY ATTORNEY ~/2Þ.i....
CITY MANAGER
FROM
Stanley C. Grady, Development Services
September 22, 2005
DATE:
SUBJECT: Preliminary trail system design work for the Bakersfield State Vehicle Recreation Area
(Wofford Ranch) trail system.
1. Accept contribution from the County of Kern and appropriate $5,000.00 to the
Development Services operating Budget in the Recreation Facility Fund.
RECOMMENDATION:
Staff recommends the appropriation.
BACKGROUND:
The County of Kern is contributing $5,000.00 towards the design of the trail system for the
Bakersfield State Vehicle Recreation Area (Wofford Ranch). The funds will be used to retain Trails
Unlimited to help design a preiiminary trail system for the park.
This is a joint project with the State of California. The City of Bakersfield now has an option on the
11,000 acre Wofford Ranch located about 25 minutes north of the metropolitan area on Round
Mountain Road. The Recreation Area facilities have been designed and the environmental work
has commenced for the preparation of an Environmental Impact Report. The current schedule calls
for a public hearing date for the summer of 2006 before the Kern County Board of Supervisors.
P:\planninglOHVPIKC Trails Contribution Admin.DOC
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1J.. 00·
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
August 23, 2005
CITY ATTORNEY
CITY MANAGER
;JI:.ROVED
t/t:-
~
SUBJECT: Acceptance of 2003-04 Transportation Development Act Funds Financial Statement.
RECOMMENDATION: Budget and Finance Committee recommends acceptance of audit report.
BACKGROUND: The above audit report was referred to the Budget and Finance Committee for review
and recommendation. The Committee accepted the audit report at the August 22, 2005 meeting.
The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public
Transit Fund.
The accuracy and fairness of the presentation is the responsibility of the City. The audit firm of Macias,
Gini & Company has issued an unqualified opinion.
No other reports were issued by the accounting firm in regards to the above audit report.
August 23,2005. 2:15PM
G:\GROUPDAlìADMINRPT\2005\09-28\TDA Funds Financial Statements.doc
e
ADMINISTRATIVE
REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent
ITEM: l;l. )(}.
II
TO:
Honorable Mayor and City Council
APPROVED
FROM:
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
00)
¡/(;.
Av
DATE:
September 20, 2005
CITY ATTORNEY
CITY MANAGER
SUBJECT: Planning, development and funding of community and regional parks, bike paths and trails
RECOMMENDATION: Refer to Planning and Development Committee
BACKGROUND:
At the September 12th Planning and Development Committee, in response to public comments made by Mr.
Bruce Freeman regarding park development fees and credits, Councilmember Couch requested that the
subject of developing strategies for the planning, development and funding of community and regional
parks, bike paths and trails be referred to the Planning and Development Committee for discussion and
recommendation back to the City Council. The review and discussion would involve other agencies that
provide parks in the Metro area including Kern County and North of the River Recreation and Parks District
and include newly developing areas, redevelopment area projects such as the Mill Creek project and the
possibility of developing connections to the Kern River Parkway and bike path from existing neighborhoods.
--_.~--~. ."-~-_._.._-, ~
__ _·a.....~_._.__._.,...______._______ ...---.---,.---.'.-
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent Calendar Hearings
ITEM: \3. a...
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
September 23, 2005
~~
DEPARTMENT HEAD!£' ~
CITY ATTORNEY i/r.;:..
CITY MANAGER ()lJS
TO:
FROM:
SUBJECT: Hearin\t to consider Resolution ordering the vacation of "0" Street between Truxtun Avenue
and 17 Street. (Ward 2)
RECOMMENDATION: Staff recommends referral to Planning and Development Committee.
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.
TACT Development LLC has submitted one project proposal to GSA to construct the facility, which would
require vacation of a street and alley. 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.
The vacation request has been protested by neighboring property owners. It is our policy not to approve
vacations when there is a protest. Because notice of this public hearing has been duly advertised and
posted as required by law, staff recommends the hearing go forward as planned.
However, due to new GSA project requirements and impacted property owners protests staff is
recommending referral to the Planning and Development Committee.
September 23, 2005, 11 :35AM
S:\Admin Rpts\2005\O st vacation Admin(2) 092805.doc
. .-+.......-'-.'.-,.--.
~."o_<~ .__.._,_._.____._~_. ._____~___.,._
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Hearings
ITEM: lô.b.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY~-
FROM:
Donna L. Kunz, Economic Development Director
DATE:
September 15, 2005
CITY MANAGER
i'lt/
SUBJECT:
Resolution authorizing Adventist Health System/West to issue revenue bonds (not to
exceed $175 million) to be used to finance the San Joaquin Community Hospital
Improvement Project. - TEFRA Hearing (Ward 2)
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
Adventist Health System/West (AHS) is working with California Statewide Community Development
Authority (the Authority) to obtain financial assistance through the issuance of revenue bonds (not to
exceed $175 million. The proceeds of the bonds will be used by AHS to finance/refinance the acquisition,
construction, improvement, equipping, renovation, rehabilitation, remodeling and other capital projects for
the San Joaquin Community Hospital, 2615 Eye Street and other health facilities operated by the
applicant.
The Authority is a joint exercise of powers authority consisting of numerous California cities, counties and
special districts, including the City of Bakersfield. The Authority is authorized to assist in the financing of
facilities for nonprofit organizations.
By utilizing the Authority, the City of Bakersfield will not be the public conduit nor the actual issuer of the
bonds needed for this project. The Authority will also process the necessary applications, conduct due
diligence, apply for State allocation and coordinate all bond documentation and issuances. The only
requirement for the City is the TEFRA public notice review and publication and notification that the TEFRA
hearing was held. None of the City's funds will be pledged for the repayment of the bonds.
This hearing is required by the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989. Any comments
received at this time should be given consideration.
S:\Admjns\City Counc¡¡\TEFRA Hearing San Joaquin.doc
9/15/2005 8:41 AM
.,--,..__.._-_..~-..._->-------"-'-'-
ADMINISTRATIVE REPORT
MEETING DATE: September 28, 2005
AGENDA SECTION: Consent
ITEM: \".1'..
TO:
FROM:
Honorable Mayor and City Council
Development Services - Planning
September 9,2005
APPROVED
DEPARTMENT HEAD ~
DATE:
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment of the City of Bakersfield's Sphere of Influence, approval of updated
Municipal Services Review and adoption of a Negative Declaration.
RECOMMENDATION:
Staff recommends the hearing remain open and continue to October 12, 2005.
BACKGROUND:
The hearing for the proposed project was continued from the meeting of August 17, 2005 to
provide staff an opportunity to respond to verbal and written comments and a request by the
LAFCO Executive Director to re-circulate the proposed negative declaration. Staff was directed
by the City Council to meet with editorial boards of the local media to provide accurate
information regarding the proposed Sphere of Influence Amendment and assess whether all of
this could be accomplished in time to be heard on September 28, 2005. Because of scheduling
and noticing requirements the matter cannot be heard on September 28 but instead it will be
noticed for hearing and action on October 12, 2005. The re-circulated initial study and negative
declaration contains written responses to the verbal and written comments received on the
previous environmental document.
SG
Admin\9-28-soi
ADMINISTRATIVE REPORT
Page 2
of concern were the loss of farmland and traffic; the Sierra Club's comment letter on the Draft
EIR and staff responses are contained in the Final EIR. Others who provided testimony to the
Planning Commission during the hearing were in support of the proposal.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and
the Planning Commission for the project. Staff conducted an initial study and it was determined
that the project could have a significant environmental effect. Therefore, in accordance with
CEQA, an EIR was prepared. The Planning Commission and staff conducted several hearings
on the EIR including a public scoping meeting on January 25, 2005, an adequacy hearing to
receive comments on the Draft EIR on May 5, 2005, and a hearing on the Final EIR on July 7,
2005. The Final EIR was recommended for certification by the Planning Commission on July 7,
2005. Copies of the Final EIR on CD are contained in the Councilmember binders; hard copies
of the Final EIR are available in the City Clerk's Office.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the
project as conditions of approval, and construction in accordance with the Uniform Building
Codes, agricultural resources, noise, and transportation/traffic impacts would remain significant.
Staff and the Planning Commission recommend certification of the Final EIR and accompanying
mitigation monitoring plan and the adoption of CEQA Findings and a Statement of Overriding
Considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093.
PH
Admin\9-28-0671
.--..-.........- _.~-~._---->.
m_·~·~+__~_· _....__.____._
-~-_....._._--_.._-"
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Consent
ITEM: I~. d .
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Dir.
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY]o [:0,. (eM S
flc
CITY MANAGER
DATE:
September 21,2005
SUBJECT: General Plan Amendment/Zone ChanQe No. 04-0671 (Ward 4)
Project Design Consultants representing Rosedale Ranch, the property owner, has proposed a
general plan amendment and zone change on 1,655 acres for which annexation into the City is
proposed. A Development Agreement is also proposed. The project site is bounded by 7th
Standard Road to the north, Jenkins Road to the east, the Burlington Northern Santa Fe (BNSF)
Railroad to the west, and Kratzmeyer Road/Olive Drive to the south.
RECOMMENDATION:
Staff recommends continuance until the City Council meeting of November 9, 2005.
BACKGROUND:
The proposed general plan amendment and prezoning would allow for the development of a
new master planned community, including single- and multi-family residential, recreational,
school, commercial, and industrial land uses on approximately 1,655 acres of land. A
Development Agreement which sets forth the developer's financial responsibilities in return for
the ability to proceed with the project in accordance with the existing policies, rules, and
regulations is proposed. This was continued from the September 7, 2005 meeting to work out
the final agreement between staff and the applicant on the proposed development agreement.
Any change to the development agreement will come via separate cover.
Urban development of the project site has been planned for many years, beginning with the
adoption of the Rosedale Community General Plan and the Western Rosedale Specific Plan
(WRSP) by the County of Kern in 1980 and 1994, respectively. Subsequently, an amendment
to the WRSP covering approximately 6,536 acres, inclusive of the project site, was adopted by
the County in 1996. These plans were subsequently incorporated into the County of Kern
General Plan, and most recently into the Metropolitan Bakersfield General Plan adopted jointly
by the County and the City. It is notable that the adopted land use plan for the project area is
significantly more intense than the current proposal.
The Planning Commission conducted a public hearing on this proposal and recommended
approval to the City Council on July 7, 2005. Gordon Nipp representing the Sierra Club
provided testimony to the Planning Commission during the hearing. Mr. Nipp's primary issues
ADMINISTRATIVE REPORT
Page 2
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.
MGladminI8-17-2005
.._..... n._._._'_"_·'_.___
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Hearings
ITEM: 11..\.0..
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
September 14, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY iJl;14
CITY MANAGER /1f /"
f
TO:
FROM:
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:
This item was continued twice to permit Public Works opportunity to discuss the project
improvements with an adjacent property owner.
This item was continued from the August 17, 2005 City Council meeting to the September 7,
2005 because of issues regarding street improvement costs. Public Works was directed to
meet with a property owner along the alignment in order to clarify costs. The result of that effort
will come to you under separate cover.
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.
----",._.....,.,~" "., -. --,~.....~ -.--..,--- --.
~._..._---,,-_."-_.~.
ADMINISTRATIVE REPORT
Page 2
The adjacent neighborhood was generally supportive of the request with a tier of Y. 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
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.
MG:pjt
AdminlaugI9-28-0815
ADMINISTRATIVE REPORT
MEETING DATE: September 28. 2005
AGENDA SECTION: Hearings
ITEM: 1<.\. b.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD W--
FROM:
DATE:
Stanley C. Grady, Development Services
CITY MANAGER
September 14, 2005
CITY ATTORNEY
SUBJECT: General Plan Amendment/Zone ChanQe 04-0815, appealed. (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 August 17, 2005 and September 7, 2005
meetings in order to permit the applicant the opportunity to address issues identified by the
adjacent property owners. The applicant has indicated that they will begin meetings with the
Councilperson and neighborhood the week of August 29, 2005. There was no final resolution of
the issues by the time this administrative report was prepared.
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.
-_...._~"...._--._~--.__. ~.....~~_._..._-_._- _.~- ",-,-._..._,-'--
ADMINISTRATIVE REPORT
Page 2
The adjacent neighborhood was generally supportive of the request with a tier of Y:, 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
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.
MG:pjt
AdminlaugI9-28-Q815
_._·W .~__--._ .._._.____._.. ",,",_..__"._~.._.,.___,,",._. .,<_~__..__,__
ADMINISTRATIVE REPORT
MEETING DATE: September 28,2005
AGENDA SECTION: Hearings
ITEM: ILj,e".
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD
September 14, 2005 CITY ATTORNEY
CITY MANAGER It
SUBJECT: General Plan Amendment/Zone ChanQe No. 04-1704, Appealed (Ward 7)
TO:
FROM:
DATE:
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:
At the meeting of August 17, 2005, Mr. Harriman, an attorney representing Wible Road Action
Group, submitted several pages of comments regarding the project. The meeting was
continued to September 7, 2005 to permit a response. At the September 7, 2005 meeting Mr.
Harriman complained that he had not had sufficient time to review the nine page response to his
comments and the project was continued again to September 28, 2005. The written response is
attached and it adequately addresses all concerns raised at previous public hearings (both
written and oral). Staff notes that the number of people still concerned has dwindled
significantly and changes to the project have resulted in a good compromise between the
developer and most of the adjacent property owners.
ADMINISTRATIVE REPORT
Page 2
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 Y; 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
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:
ADMINISTRATIVE REPORT
Page 3
· 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.
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
Admin\9-28-1704
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA ECTION: Hearing
ITEM: .d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
NJ~
¡J(;
Stanley C. Grady, Development Services
DEPARTMENT HEAD
September 15, 2005
CITY ATTORNEY
SUBJECT: General Plan AmendmenVZone Chanqe No. 04-0057/Williamson Act Contract
Cancellation (Appealed). (Ward 5 and 6).
QUAD KNOPF INC., for Gosford-Panama Partners, LLC. has proposed a general plan
amendment with a concurrent zone change, Williamson Act Contract Cancellation for property
located south of Panama Lane to McCutchen Road, west of Gosford Road to Progress Road,
for the purposes of developing a mixed use development in the City of Bakersfield. An appeal
by George B. Martin representing Golden Empire Concrete and Structure Cast was filed
opposing the Planning Commission recommendation to approve the project.
1. A Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan AmendmenVZone Change No. 04-0057/Annexation No.
440, known as Gosford-Panama annexation.
2. A Resolution making findings approving a general plan element amendment to change
the land use designation from R-IA (Resource-Intensive Agriculture) and SI (Service
Industrial) to MC (Major Commercial), GC (General Commercial), LI (Light Industrial), LR
(Low Density Residential), LMR (Low Medium Density Residential), and HMR (High
Density Residential) on approximately 300 acres and circulation element amendment to
eliminate the Collector designation of Progress Road between Panama Lane to
McCutchen Road.
3. First Reading of the ordinance approving an amendment to Title 17 of the Bakersfield
Municipal Code and changing Zoning Map No. 123-29 by changing the zoning from A
(Agriculture) to M-1 (Light Manufacturing), R-1 (One Family Dwelling), R-2 (Limited
Multiple Family Dwelling), MH (Mobile Home), and C-2/PCD (Regional
Commercial/Planned Commercial Development) zones on approximately 300 acres.
4. Resolution making findings, approving the canceliation of land use restrictions of a land
conservation contract (Williamson Act) on approximately 300 acres.
RECOMMENDATION:
Staff recommends denying the appeal and adopting the Resolutions and first reading of the
Ordinance.
-........__...-,-
...0"'_._,__'_ .,,___~_~,.._.._.~~~.._.....___~_._ __~__._~
ADMINISTRATIVE REPORT
Page 2
BACKGROUND:
The project was continued from the September 7, 2005 meeting to permit the applicant and
representative of the adjacent industrial business to meet and resolve previously raised issues.
The amendments to the Land Use Element and Circulation Element of the General Plan would
result in the development of commercial uses (55 acres) at the southwest corner of Gosford and
Panama Lane, light industrial uses (19.5 acres) south of the concrete batch plant east of
Progress Road, multiple family uses (62.9 acres) south of the light industrial area and single
family uses (143 acres) near the southern portion of the site, and another commercial area (9
acres) at the northwest corner of McCutchen and Gosford Roads. The Circulation Element is to
eliminate Progress Road between Panama Lane and McCutchen Road as a Collector segment
on the Circulation Map. This will allow the development of Progress Road as a local street.
The concurrent zone change will be consistent with the proposed land use amendment noted
above and will change to zone districts to M-1 on 19.5 acres, R-2 on 36 acres, MH on 28.8
acres. R-1 on 143 acres, and C-2/PCD on 67.28 acres.
The proposal provides a logical extension for a mixed use development in the path of
development south 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 the incremental expansion of infrastructure and public services. The proposal complies
with the general pian's criteria. The general area north of the site, north of Panama Lane, has
been developed with urban uses including Silver Creek, Gosford Village and other residential
developments.
The Planning Commission conducted a public hearing on the general plan amendment/zone
change case and recommended approval to the City Council on July 7, 2005. There were three
property owners that were in opposition to the project throughout the EIR process and the
GPAlZC case, which included the industrial property owners adjacent to the project site. At the
July 7, 2005, public hearing, the representative from the Sierra Club spoke in opposition to the
project and gave testimony as to inadequacy of the environmental document. At the hearing the
environmental consultant along with city staff and other professional consultants gave
"testimony in the record" in response to the Sierra Club comments. George B. Martin
representing the Golden Empire Concrete and Structure Cast industrial companies filed
an appeal to the Planning Commission decision to approve the project without proper
buffering space between the industrial properties to the south of the site and the
residential property to the north of McCutchen Road. The development proposes a
commercial site along the north side of the industrial area and single family residential uses
north of McCutchen Road. McCutchen Road is designated as an Arterial segment and will have
an eventual width of 110 feet of right-of-way (with 6 lanes of traffic) and the requirement of a six
foot high masonry block wall along the street. In addition, the mitigation measures for the
proposal also provide for a final acoustical analysis to be conducted to confirm the required
location and height of sound walls when a site plan with sufficient detail is available (i.e., site
grading, pad heights, lot design, and setbacks). These noise measures were added to the
development due to comments received from the industrial property owners. Also, an odor
assessment was conducted through the EIR process for the project which found that odor
concentrations from the nearby sewage plant and industrial uses will not exceed the San
Joaquin Valley Air Pollution Control District thresholds.
-...,.....-.-.-
-,..,'----~_. -_.~-~_.._-_... -_.~--- ..,.,_._---,._--,--_...- -,,--..---..--,.
ADMINISTRATIVE REPORT
Page 3
The Department of Conservation has opposed the cancellation of land conservation contract
(Williamson Act) on the project site. The Department does not agree with the three of the
findings made by city staff, which indicate the following: that removal of adjacent land from
agricultural use is unlikely, discontiguous patterns of urban development will not result if the
project site is left in the contract and there is no proximate noncontiguous land available for the
project development. There are several project proposals surrounding the project site for the
development of urban uses. Those projects
The California Environmental Quality Act (CEQA) requirements have been followed by staff and
the planning commission for the project. Staff conducted an initial study and it was determined
that the project could have a significant environmental effect. Therefore, an EIR was prepared,
in accordance with CEQA. The Planning Commission and Staff conducted several hearings on
the ErR including a public scoping meeting on October 21, 2004, an adequacy hearing to
receive comments on the Draft EIR on January 6, 2005, and a hearing on the EIR on July 7,
2005. The EIR was recommended for adoption by the Planning Commission on July 7, 2005.
Although compliance with local ordinances, state laws, construction to the Uniform Building
Codes and mitigation measures incorporated into the project as conditions of approval, there
are two impacts that are still significant. (These mitigation measures, along with the entire EIR
are contained on a disk within the Council Binders, available in the City Clerk's Office, the
Development Services Department and the City's webpage.) Unavoidable impacts which
cannot be reduced to less than significant levels through mitigation are: agriculture and
aesthetic issues. The EIR proposes a Statement of Overriding Considerations for these issues.
Staff recommends approval of the Final EIR, with mitigation measures and accompanying
mitigation monitor plan and the adoption of CEQA findings per Section 15091 and the
Statement of Overriding Considerations per Section 15093.
MO
Admin\9-28-0057
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 7,2005
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
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:26), Scrivner
Absent:
None.
Motion by Vice-Mayor Maggard to add an item that
arose after the agenda posting to authorize the Finance
Director to dispense with formal bidding requirements
regarding oil, gas, asphalt, cement and other oil or
construction related materials needed for normal
operations of the City for the remainder of the 2005-06
fiscal year as Consent Calendar item 12./1.
APPROVED
AS SULLIVAN
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Report on Federal Transportation Projects (Project
787).
City Manager Tandy provided an overview of
funding and provided written material.
Public Works Director Rojas gave an overview
outlining the actual projects
Bakersfield, California, September 7, 2005 - Page 2
3. WORKSHOPS
Item 3.8. continued
Vice-Mayor Maggard requested clarification regarding
the following:
· Will westbound Hwy. 178 approaching Union
Avenue connect to the south along the
Centennial Corridor, through downtown, under
Hwy. 99 around the pistol range, run north of the
River where the railroad tracks cross Truxtun
and go in the direction of Cal State; additionally
a similar connection will run north from the
Golden State off ramp and connect to Hwy. 99
· What will the ramifications be should the Vz cent
sales measure not pass
· When will a staffing requirements be finalized
and presented to Council
· Is it feasible to have a project manager for each
project to facilitate simultaneous on a projects
· Will a project time-line be established with a
completion date set at the outset for each
project
· Will monthly updates regarding project(s)
progress be provided
· Will monies be forfeited if deadlines are not met
Councilmember Maggard requested a workshop
regarding consequences of failure should passage of
the Vz cent sales tax measure not take place.
Councilmember Scrivner requested that in addition to
responding to Vice-Mayor Maggard's questions staff
address the issue of the rising cost of materials being
inflated by recent events in the country and world.
4. CLOSED SESSION
a.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 - Michael
L. Kephart, etc. v. City, et al.
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 6:08: p.m.
Motion by Councilmember Hanson to adjourn from
Closed Session at 6:28 p.m.
ACTION TAKEN
APPROVED
APPROVED
,___,..,~__.._... ___~___ ..·.··',_T_ __"'0' _",_,_,~,_,,_,~~_,~
Bakersfield, California, September 7, 2005 - Page 3
RECONVENED MEETING - 6:45p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Council members Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Charles Lack, Vessels of Honor.
7. PLEDGE OF ALLEGIANCE by Alexandra Cody, 6th Grade
Student at Our Lady of Perpetual Help.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9. Michael
L. Kephart, etc. v. City, et al.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Henry Lowenstein, 1st Vice-President of
the Board, Fox Foundation, proclaiming September
7,2005, Fox Theater Day.
Mr. Lowenstein accepted the Proclamation on
behalf of the Fox Foundation Board of Directors and
made comments.
b. Presentation by Mayor Hall of Proclamation to KC
the Bull and a member of the Kern County Fair
Board of Directors, proclaiming September 21 -
October 2, 2005, Kern County Fair Days.
Bill Blair, CEO of the Kern County Fair accepted the
Proclamation and made comments.
10. PUBLIC STATEMENTS
a. Stuart Gentry spoke regarding the General Fund
and the proposed Y:! cent sales tax.
b. Joe Sprenger spoke regarding civic responsibility.
ACTION TAKEN
NO REPORTABLE
ACTION
--'-~_.-
.-.--. ~.,- _...~--.._..__._-
-- ..,_._--'_.
Bakersfield, California, September 7, 2005 - Page 4
11.
APPOINTMENTS
a. One (1) appointment to the Planning Commission,
due to the expiration of term of David Gay, term
expired April 30, 2005.
Motion by Vice-Mayor Maggard to approve Russell
Johnson as the Ward 3 appointee to the Planning
Commission, term expiring April 30, 2009
Mayor Hall recognized Russell Johnson.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 17, 2005 Regular
Council Meeting.
Payments:
b. Approval of department payments from August 5,
2005 to August 25, 2005 in the amount of
$11,694,730.09 and self insurance payments from
August 5, 2005 to August 25, 2005 in the amount of
$180,969.87.
Ordinances:
c.
Adoption of Ordinance approving a negative
declaration and amending Section 17.06.020 (Zone
Map NO.1 04-17) 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)
d.
Adoption of Ordinance approving the Negative
Declaration and approving an amendment to
Title 17 of the Municipal Code and Zoning Map 124-
49 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 located on the east side of S.
Union Avenue, north and south of E. Berkshire
Road, for which annexation into the City is
proposed. (Project Design Consultants, representing
Lenox Homes, property owner) (GPAlZC 04-1570)
ACTION TAKEN
APPROVED
ORD 4264
ORD 4265
Bakersfield, California, September 7, 2005 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
e. Adoption of Ordinance approving the Negative ORD 4266
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 on
17 acres, located along the north side of E.
Berkshire Road, generally east of S. Union Avenue.
(SmithTech/USA, representing Jean Ollivier, et ai,
property owner) (GPNZC 04-1763)
f. Adoption of Ordinance approving the Negative ORD 4267
Declaration and amending Title 17 of the
Municipal Code and Zoning Map 102-06 from A
(Agriculture) to R-1 (One Family Dwelling)
on 80.24 acres located at the southeast corner of
Seventh Standard Road and Jewetta Avenue
(future). (SmithTech/USA, representing Michel
Etcheverry, property owner) (GPNZC 04-1766)
g. Adoption of Ordinance approving the Negative ORD 4268
Declaration and approving 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
located on the south side of Panorama Drive,
approximately 1/2 mile east of Fairfax Road. (The
Keith Companies, representing Panorama
Highlands Development) (GPNZC 05-0535)
h. Adoption of Ordinance approving the Negative ORD 4269
Declaration and amendment to Title 17 of the
Municipal Code and Zoning Map 123-30 from
County A (Agriculture) to R-1 (One Family Dwelling)
on 41.89 acres located on the southeast corner of
Panama Lane and Buena Vista Road.
(SmithTech/USA representing Kevin Pascoe)
(GPNZC 04-1764)
i. Adoption of Ordinance amending Title 17 of the ORD 4270
Municipal Code and Zoning Map 104-20 from OS
(Open Space) to R-1 (One Family Dwelling) on 2.7
acres located between State Routes 178 and 184,
east of Vineland Road and denying the appeal.
,...._____._.-.- . __...._".~.,~_...._. ~,~____.. _ n_"_. ..,,_.__ _~_..__..__.,.~___
-.- -----_._._._~
Bakersfield, California, September 7, 2005 - Page 6
12.
CONSENT CALENDAR continued
j
Adoption of Ordinance approving amendment to
Title 17 of the Municipal Code and Zoning
Map 104-23 from A (Agriculture) to R-1 (One Family
Dwelling) on 137.19 acres, R-1-HD (One Family
Dwelling-Hillside Development) on 465.83 acres, R-
2 (Limited Multiple Family Dwelling) on 6.51 acres,
and R-2-HD (Limited Multiple Family Dwelling-
Hillside Development) on 10.51 acres generally
bounded by Rio Bravo Country Club property on the
north, Comanche Drive to the west and
Breckenridge Road to the south. (GPNZC 04-0853)
Resolutions:
k. Resolutions for annexation applications proposing
proceedings for annexation of uninhabited
territory to the City, identified as:
1.
Annexation No. 473, consisting of 60.71
acres located west of Calloway Drive,
generally north of Snow Road.
Annexation No. 478, consisting of 97.35
acres located east of Calloway Drive,
generally north of Snow Road.
Annexation No. 486, consisting of 106.66
acres located north of Snow Road west of
Allen Road.
Annexation No. 487, consisting of 40.31
acres located east and west of Madison
Street, generally south of Belle Terrace.
Annexation No. 488, consisting of 16.7 acres
located west of State Route 99, south of
McKee Road.
2.
3.
4.
5.
6.
Annexation No. 489, consisting of 1.68 acres
located at the southwest corner of
Rosedale Highway and EI Toro Viejo,
between Coffee Road and Calloway Drive.
7.
Annexation No. 490, consisting of 1.9 acres
located north of Brimhall Road, generally
between Verdugo Land and Jewetta Avenue.
ACTION TAKEN
ORD 4271
RES 189-05
RES 190-05
RES 191-05
RES 192-05
RES 193-05
RES 194-05
RES 195-05
--..---.---.-..,. - --~._...'~--
. _'_'_>T"'__"~'" _0"___ __._ .._.___.~...._"
Bakersfield, California, September 7, 2005 - Page 7
12.
CONSENT CALENDAR continued
Item 12.k. continued
8.
Annexation No. 494, consisting of 83.29
acres located north of Snow Road,
generally west of Calloway Drive.
Annexation No. 509, consisting of 40.99
acres located east of Ashe Road, generally
between McCutchen Road and Taft
Highway.
9.
I.
Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for abatement of certain weeds,
debris and waste matter and authorize collection of
assessments by the Kern County Tax Collector.
m. Rabobank Arena Video Scoreboard:
1.
Resolution determining that screens for the
Rabobank Arena video scoreboard cannot
be obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore,
not to exceed $663,750.00.
Agreement with Daktronics, Inc.
($663,750.00) to furnish and install video
cubes in the Rabobank Arena video
scoreboard.
2.
n.
Amendment No. 13 to Resolution No. 44-93 setting
salaries and related benefits for the Temporary Unit.
o.
Resolution adding territory, Area 2-30 (Stockdale,
Renfro 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.
p.
Resolution adding territory, Area 3-36 (Hughes,
McKee SE) 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.
ACTION TAKEN
RES 196-05
RES 197-05
RES 198-05
RES 199-05
AGR 05-307
RES 44-93(13)
RES 200-05
RES 201-05
~,"' ,,_,___. ,._.~..~___.__.__~.._".o.,· __.._.._____________.
_._ ___ "_,,,_,,___.__H_
Bakersfield, California, September 7, 2005 - Page 8
12. CONSENT CALENDAR continued
q.
r.
Resolution adding territory, Area 3-37 (Panama,
Buena Vista NW) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
Resolution of Intention No. 1399 to add territory,
Area 3-32 (Stine, McKee SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
s.
Resolution of Intention No. 1400 to add territory,
Area 1-59 (Olive, Old Farm NE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
t
Resolution of Intention No. 1401 to add territory,
Area 3-38 (Panama, Windermere) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
u.
Resolution of Intention No. 1402 to add territory,
Area 3-39 (Gosford, Pacheco SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Agreements:
v. Final Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with Lennar Homes of California Inc., for
Tract 6289 Unit 1 located north of Noriega
Road and west of Allen Road.
2.
Final Map and Improvement Agreements
with San Joaquin Development II, for Tract
6152 Phase 2 located south of McKee Road
and west of Wible Road.
3.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc., for
Tract 6250 Unit 5 located north of Stockdale
Highway and east of Allen Road.
ACTION TAKEN
RES 202-05
ROl1399
RO/1400
RO/1401
RO/1402
AGR 05·308
AGR 05-309
AGR 05-310
AGR 05-311
AGR 05·312
Bakersfield, California, September 7, 2005 - Page 9
12.
CONSENT CALENDAR continued
Item 12.v. continued
4.
Final Map and Improvement Agreements
with Centex Homes for Tract 6118 Unit 7,
located south of Snow Road and west of Old
Farm Road, Tract 6195 Unit 6 located south
of Snow Road and east of Allen Road, and
Tract 6349 Unit 5 located north of Panama
Lane and west of Buena Vista Road.
Final Map and Improvement Agreements
with TDB Land, LLC for Tract 6230 Unit 2
located south of Rosedale Highway and west
of Froelich Street.
5.
w.
Agreement with Bakersfield Senior Center to
purchase, from the City, surplus computer
equipment).
x.
Agreement with Launer & Associates for appraisal
services regarding proposed Assessment District
No. 05-3 (Liberty IlNillage GreenfTesoro-
Encanto/Lin/Rider/Diamond Ridge).
y. Reimbursement Agreement for Sewer Construction:
Agreement with Lennar Homes of California
Inc., to construct a portion of Allen Road
Sewer trunk line and connect to lift station at
Hageman Rd., for Tentative Tract 6289.
2. Reimbursement of $260,570.75 to Lennar
Homes of California Inc., for construction
of sewer trunk line and connection to lift
station.
1.
Z. Bakersfield Museum of Art - Request for Funding:
Contribution Agreement with Bakersfield
Museum of Art ($25,000.00) for FY 05-06.
2. Transfer $25,000.00 from Council
Contingency to the Non-Departmental
budget in the General Fund.
1.
aa. Olive Drive Interchange - 5303 Olive Drive:
1.
Agreement with Baldo V. Cisneros to
exchange real property.
Appropriate $75,000.00 fund balance within
the Transportation Development Fund to
move signage and replace parking spaces.
2.
ACTION TAKEN
AGR 05·313
AGR 05-314
AGR 05·315
AGR 05·316
AGR 05·317
AGR 05-318
AGR 05-319
AGR 05-320
AGR 05-321
AGR 05-322
AGR 05-323
DEED 6301
--.-.--.-"...-.--.... .._---~._-_._...,..~--,-_. --.--...,.,.-------.-- ..---.---...--..,--.,..."- ..._,-_..._---~
Bakersfield, California, September 7, 2005 - Page 10
12. CONSENT CALENDAR continued
ACTION TAKEN
bb. License Agreement with Kern County Water Agency
for pipelines and turn-ins to the Kern River Canal. AGR 05·324
cc. Agreement with Kern County Water Agency for a AGR 05·325
water supply for the City Domestic Water System.
dd. Amendment No.1 to Agreement No. 05-008 with AGR 05-008(1)
Kennedy Jenks Consultants ($125,000.00, total not
to exceed $225,000.00) for design of domestic
water system hydraulic modeling for the City
Domestic Water System.
ee. Amendment NO.2 to Agreement No. 04-281 with
Nossaman, et ai, LLP ($35,000.00, total not to AGR 04-281(2)
exceed $125,000.00) for legal and other services
regarding critical habitat designation of Buena Vista
Lake shrew.
ff. Amendment No. 1 to Agreement No. 04-282 with AGR 04-282(1)
Safeway Sign Company ($55,000.00, total not to
exceed $110,000.00) to extend term twelve (12)
months for traffic signs.
Bids:
gg. Accept bid to award annual contract to L.N. Curtis
and Sons (not to exceed $80,000.00) for protective AGR 05·326
jackets and trousers for structural firefighting.
hh. Reject all bids for Allen Road Sewer and Street
Improvement Project.
Miscellaneous:
ii. Appropriate $10,433 Transient Occupancy Tax fund
balance to the Non-Departmental operating budget
and authorize payment to the Convention and
Visitors Bureau.
jj. Ditch Eradication and Pipeline Easement with AGR 05-327
Pavletich Electric and Communications, Inc.,
located east of Fruitvale Highway, north of Seven
Seas Avenue.
kk. Resolution in support of Amtrak passenger rail
service. RES 203-05
-~ ......, "...-'-..-~ ---'--'" -_.,...~,~
0- .,_._........_.._
-.-.-.-..
_._~____." ....__.._. _.~, 0_ '"._._____.~__,_~_....~__M_<
Bakersfield, California, September 7, 2005 - Page 11
12. CONSENT CALENDAR continued
II.
Authorize the Finance Director to dispense with
formal bidding requirements regarding oil, gas,
asphalt, cement and other oil or construction related
materials needed for normal operations of the City
for the remainder of the 2005-06 fiscal year.
Motion by Vice-Mayor Maggard to adopt Consent
Calendar items 12.a. through 12./1.
13. CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change 04-1337;
SmithTech/USA Inc., on behalf of Joel Frick, et ai,
has appealed the Planning Commission's decision
denying their proposal for a general plan
amendment and zone change on 95 acres located
south of E. Panama Lane, approximately 2,000 feet
east of S. Union Avenue and approximately 1,680
feet west of Cottonwood Road.
1.
Resolution adopting the Negative
Declaration, approving a general plan
amendment request and upholding the
appeal to change the land use designations
from R-IA (Resource-Intensive Agriculture)
to LR (Low Density Residential) on 95 acres.
First Reading of Ordinance adopting the
Negative Declaration, upholding the appeal
and approving the requested zone change
amendment to Title 17 of the Municipal
Code and Zoning Map 124-29 changing the
zoning from A (Exclusive Agriculture) to
R-1 (One Family Dwelling) on 95 acres.
2.
b. General Plan Amendment/Zone Change 05-0338;
Marino/Associates, representing King-Gardiner
Farms, LLC, Sure Foundation Baptist Church, and
Vivian Price, property owners, has proposed a
general plan amendment and zone change on 80
acres for which annexation into the City is proposed,
and cancellation of a Williamson Act Land Use
Contract on 60 of the 80 acres. The project site is
located on the south side of Snow Road (future)
between Allen Road and Renfro Road (future).
ACTION TAKEN
RES 204-05
APPROVED
RES 205-05
FR
Bakersfield, California, September 7,2005 - Page 12
13.
CONSENT CALENDAR HEARINGS continued
Item 13.b. continued
1.
Resolution adopting the Negative
Declaration and approving a general plan
amendment to change the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 80 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 70 acres and from A to R-1-CH
(One Family Dwelling-Church Overlay)
on 10 acres.
3.
Resolution adopting the Negative
Declaration and approving the cancellation
of a Williamson Act Land Use Contract on 60
acres.
c.
General Plan Amendment/Zone Change 04-0671;
Project Design Consultants representing
Rosedale Ranch, property owner, has proposed a
general plan amendment and zone change on 1,655
acres for which annexation into the City is proposed.
A Development Agreement is also proposed. The
project site is bounded by 1'h Standard Road to the
north, Jenkins Road to the east, the Burlington
Northern Santa Fe (BNSF) Railroad to the west, and
Kratzmeyer Road/Olive Drive to the south.
1. Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPA/ZC 04-
0671/Annexation No. 499, known as the
Rosedale Ranch Project.
ACTION TAKEN
RES 206-05
FR
RES 207-05
CONTINUED TO 9-28-05
Bakersfield, California, September 7,2005 - Page 13
13.
CONSENT CALENDAR HEARINGS continued
Item 13.c. continued
2. Resolution approving a general plan
amendment to change the land use
designation from LMR (Low Medium Density
Residential); LI (Light Industrial); and SI
(Service Industrial) to LR (Low Density
Residential); LMR (Low Medium Density
Residential); HMR (High Medium Density
Residential); GC (General Commercial);
MUC (Mixed Use Commercial); and LI (Light
Industrial) on 1,655 acres; and approving a
general plan amendment to change the
Circulation Element alignment of the future
West Beltway through the project boundaries, and
the realignment of Kratzmeyer Road/Olive Drive to
the south of the site to create a new interchange
with the West Beltway.
3. First Reading of Ordinance approving an
amendment to Title 17 of the Municipal Code by
pre-zoning to R-1 (One Family Dwelling): R-1/PUD
(One Family Dwelling/Planned Unit Development);
R-2 (Limited Multiple Family Dwelling) R-2/PUD
(Limited Multiple Family Dwelling/Planned Unit
Development) C-1 (Neighborhood Commercial); C-2
(Regional Commercial); C-2/PCD (Regional
Commercial/Planned Commercial Development);
and M-1 (Light Manufacturing) on 1,655 acres; and
approving a development agreement.
City Clerk McCarthy announced correspondence
has been received from George F. Martin, Borton,
Petrini & Con ron, and Joe Columbo, Columbo
Construction in support of the project.
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearing items 13.a and 13.b and to open and
continue item 13.c. to the September lB'h meeting.
14. HEARINGS
a. Continued Public Hearing to consider 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
- _m_.__..._._
ACTION TAKEN
APPROVED
Bakersfield, California, September 7,2005 - Page 14
14.
HEARINGS
Item 14.a. continued
1. Resolution adopting the Negative
Declaration and general plan amendment to
the Circulation Element and, adoption of a
specific plan line.
City Clerk McCarthy announced correspondence
has been received from staff requesting the item be
continued to the next Council meeting.
Staff comments by Development Services Director
Grady.
Hearing opened at 7:16 p.m.
Motion by Councilmember Carson to continue the item
to the September 2B'h Council meeting.
b. Continued Public Hearing to consider General Plan
Amendment/Zone 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 comments by Development Services Director
Grady made staff comments and called upon
Council member Couch who provided an update on
community meetings with concerned parties.
Hearing opened at 7:19 p.m.
ACTION TAKEN
APPROVED
Bakersfield, California, September 7,2005 - Page 15
14.
HEARINGS
Item 14. b. continued
Norm Reimers, Dominic Petino, Brandy Williams,
David Betke, Patty Lee Kusek, on behalf Crimson
Resource Management (provided written material),
and Tom Gelanardo on behalf of the California
Division of Oil, Gas and Geothermal Resources
spoke in opposition to the proposed general plan
amendment.
Motion by Councilmember Couch to continue the
hearing to the September 2B'h meeting.
c. Continued Public Hearing to consider General Plan
Amendment/Zone Change No. 04-1704;
Jimmy and Robin Tabangcora have appealed the
Planning Commission's decision approving
a 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.
Council member Scrivner announced a conflict of
interest for the item and recused himself.
Development Services Director Grady made staff
comments.
Hearing opened at 7:38 p.m.
Richard Harriman, Esq., on behalf of the Wible
Road Action Group and Valley Advocates spoke in
opposition to the staff recommendation and
requested the item be continued.
ACTION TAKEN
APPROVED
Bakersfield, California, September 7,2005 - Page 16
14.
HEARINGS continued
Tom Fallgatter spoke in favor of the staff
recommendation.
Motion by Councilmember Hanson to continue the
hearing to September 28th.
d. Hearing to consider appeal by The Sierra Club of
the Planning Commission's decision approving
Vesting Tentative Tract 6328 and the Negative
Declaration, located on the southwest corner of
Panama Lane and Mountain Vista Road.
(SmithTech USNSubdivider: Lennar Homes)
1. Resolution upholding the decision of the
Planning Commission approving Vesting
Tentative Tract 6328, located on the
southwest corner of Panama Lane and
Mountain Vista Road, and, denying the
appeal by the Sierra Club.
Development Services Director Grady made staff
comments.
Hearing opened at 7:49 p.m.
Gordon Nipp, on behalf of the Sierra Club, spoke in
opposition to the staff recommendation.
Trisha Harbison, SmithTech USA, on behalf of the
of the Pasco Family Trust and Lennar Homes,
spoke in favor of the staff recommendation.
Hearing closed at 7:49 p.m.
Motion by Councilmember Hanson to adopt the
Resolution and deny the appeal.
e. General Plan AmendmenUZone Change 04-
0057/Williamson Act Contract Cancellation;
George B. Martin, representing Golden Empire
Concrete and Structure Cast, has appealed
Planning Commission's decision to approve
proposal by Quad Knopf, Inc., on behalf of
Gosford-Panama Partners, LLC for a general plan
amendment with concurrent zone change,
Williamson Act Contract Cancellation for property
located south of Panama Lane to McCutchen Road,
west of Gosford Road to Progress Road for the
purposes of developing a mixed use development in
the City.
ACTION TAKEN
APPROVED
AS SCRIVNER
APPROVED
--._-~.....__." -.,-.--. ---.- .._~_.--~._-_..
Bakersfield, California, September 7,2005 - Page 17
14.
HEARINGS continued
Item 14.e. continued
ACTION TAKEN
1. Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPA/ZC 04-
0057/Annexation No. 440, known as
Gosford-Panama annexation.
2. Resolution making findings approving a
general plan element amendment to change
the land use designation from R-IA
(Resource-Intensive Agriculture) and SI
(Service Industrial) to MC (Major
Commercial), GC (General Commercial), LI
(Light Industrial), LR (Low Density
Residential), LMR (Low Medium Density
Residential), and HMR (High Density
Residential) on approximately 300 acres and
circulation element amendment to eliminate
the Collector designation of Progress Road
between Panama Lane to McCutcheon
Road.
3. First Reading of the Ordinance approving an
amendment to Title 17 of the Municipal
Code and changing Zone Map 123-29 by
changing the zoning from A (Agriculture) to
M-1 (Light Manufacturing), R-1 (One Family
Dwelling), R-2 (Limited Multiple Family
Dwelling), MH (Mobile Home) and C-2/PCD
(Regional Commercial/Planned Commercial
Development) zones on approximately 300
acres.
3. Resolution making findings, approving the
cancellation of land use restrictions of a land
conservation contract (Williamson Act) on
approximately 300 acres.
City Clerk McCarthy announced correspondence
was received from Michael V. Phillips, REM, Quad-
Knopf, Inc., on behalf of Gosford-Panama Partners,
LLC, requesting this item be continued to the
September 28th Council meeting. Additionally,
correspondence was received from Tung-chen
Chung, Ph.D, with LSA Associates, Inc., and David
L. Preiss, Wendel, Rosen, Black & Dean, LLP and
Ray Watson, 4th District Supervisor regarding this
project.
___"_,..'.._ __.._".'.' __,'_,'_.c_,·'·m'___.. ~._ .__..__.__........____
Bakersfield, California, September 7,2005 - Page 18
14.
HEARINGS
Item 14.e. continued
Development Services Director Grady made staff
comments.
Hearing opened at 7:52 p.m.
David Preiss spoke in opposition to the staff
recommendation.
Motion by Councilmember Hanson to continue the
hearing to the September 2B'h Council meeting.
Recess taken from 7:55 to 8:00 p.m.
15. NEW BUSINESS
a.
Memorandum of Understanding between the City
and the Bakersfield Redevelopment Agency
for the sale of 1,280 surplus acres of City property
commonly known as the 5,000 Acre Southeast Farm
(City Farm).
City Clerk McCarthy announced the staff
recommendation should have read, "Budget and
Finance Committee recommends Council
discussion and consideration of the Memorandum of
Understanding."
City Manager Tandy gave a presentation and
provided handouts.
Vice-Mayor Maggard requested additional language to
clarify that the Redevelopment Agency will make the
Sewer Enterprise Fund whole, based on the value of
the asset on the date of the transfer utilizing generally
accepted accounting principals and that an escape
clause be added to the agreement.
Councilmember Couch requested the Budget and
Finance Committee review the One Time Money Policy.
Motion by Councilmember Sullivan to adopt the MOU
with changes in language.
15. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested the Planning and
Development Committee address the issue of park
standards for development agreements.
ACTION TAKEN
APPROVED
AGR 05-328
APPROVED
ASS COUCH
Bakersfield, California, September 7, 2005 - Page 19
15.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Councilmember Benham requested Police staff follow
up regarding an earlier issue of excessive noise
involving B & G Auto Shop on Brundage.
Councilmember Benham requested Public Works and
Police staff assist in responding to correspondence
received from a citizen in the Sunset/Oleander area
regarding crime rates there.
Councilmember Benham requested Public Works
respond to a citizen complaint regarding 23'd and C
Streets and provided contact information.
Councilmember Benham requested Streets provide
follow up to a petition received regarding the repair and
resurlacing of the alley off 17th Street between Band C
Streets and provided contact information.
Councilmember Benham requested a report regarding
staff attendance at the California Urban Forrest
Council Meeting and the Conference on Residential
Solar Power and provided information regarding the
events.
Councilmember Benham announced the Bakersfield
Museum of Art is instituting Thursday evening social hours
starting September 8th and encouraged community
participation.
Councilmember Benham requested staff report to
Council regarding disaster preparedness; additionally,
how the City is prepared to assist other communities in
times of crisis and if the City is not prepared to
provide assistance to become prepared to meet that
eventuality.
Councilmember Carson requested staff inspect the
Nina Street paving job and provide explanation on
the quality and timing of the project.
Councilmember Carson requested Public Works
provide information to the City Attorney regarding the
airport to facilitate the preparation of legal
documents.
Council member Carson endorsed Councilmember
Benham's referral regarding disaster preparedness.
Councilmember Sullivan requested staff repair a street
light at 6601 Mill Creek near Bridge Creek.
Bakersfield, California, September 7, 2005 - Page 20
15.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Sullivan made comments regarding the
organization In God We Trust America.
Councilmember Hanson requested staff analyze the
need for a stop sign at the intersection of Pine and
Palm.
Councilmember Hanson requested information regarding
the sump at Campus Park east of Buena Vista. Public
Works Director Rojas responded.
Councilmember Hanson requested Maintenance
District clean-up in the Oaks and Haggin Oaks areas.
Council member Hanson requested information regarding
Fresno's cessation of the red light enforcement program.
Chief Rector responded.
Councilmember Hanson provided information regarding use
of Dodge Chargers as police vehicles to Chief Rector.
Councilmember Hanson requested staff analyze the
cost of operating pools factoring in the drop in
attendance.
Councilmember Couch requested information regarding the
scheduled joint meetings with the City of Shatter and the
Kern County Board of Supervisors. City Manager Tandy
responded.
Councilmember Couch thanked staff, particularly David
Paquette for prompt abatement of tumbleweed issues and
announced his intention to provide information regarding
areas needing the same attention.
Vice-Mayor Maggard requested Recreation and Parks
Director Hoover provide a report regarding programs to
increase pool attendance.
Vice-Mayor Maggard requested staff prepare a note of
thanks to Fire and Building employees who responded
to a late night accident which prevented a garage
collapse in his Ward.
Vice-Mayor Maggard requested information regarding
the rational of the City in banning bird hunting on
City property. City Manager Tandy responded.
Vice-Mayor Maggard requested a legal analysis of the
liability risk the City would incur should the ban be
rescinded.
__'~'__"_""'_'r__'" .'_._." ___ _~. ··_~'_·-r-····'._>P'·"__" -___.__.
Bakersfield, California, September 7, 2005 - Page 21
15.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Vice-Mayor Maggard requested the feasibility of a
"purple pipe" water system for the purpose of utilizing
treated water.
Vice-Mayor Maggard asked if a report on theories for water
treatment would be forthcoming. City Manager Tandy
responded.
Vice-Mayor Maggard provided information regarding
specialized grass that can be grown with treated water;
additionally requested staff analyze the use of such
grass in City soccer parks etc.
Vice-Mayor Maggard made comments regarding disaster
relief and provided contact information for community
members wishing to sponsor victims of Hurricane Katrina.
Councilmember Scrivner requested staff provide
information regarding quantity of land not utilized on
Sewer Farm Land.
Councilmember Scrivner complimented Councilmember
Sullivan on the In God We Trust America event.
Councilmember Couch requested Chief Rector
congratulate Jacque Miller on receiving the Reserve Officer
of the Year Award.
Councilmember Couch thanked those involved in
Bakersfield's being awarded a permanent seat on LAFCO.
Mayor Hall Made comments regarding accommodating
evacuees from Louisiana.
Mayor Hall announced letters will be sent to mayors of
cities affected by Katrina offering assistance.
Bakersfield, California, September 7, 2005 - Page 22
16.
ADJOURNMENT
ACTION TAKEN
Mayor Hall adjourned the meeting at 10:40 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
MINUTES OF THE
JOINT MEETING OF SEPTEMBER 14, 2005
BAKERSFIELD CITY COUNCIL
AND
SHAFTER CITY COUNCIL
Kern Council of Governments Host
Kern Council of Governments Board Chambers
1401 19th Street
Bakersfield, California
Special Meeting - 5:30 p.m.
ACTION TAKEN
SPECIAL MEETING - 6:00 p.m.
Bakersfield City Council:
Present:
Absent:
Shatter City Council:
Present:
Mayor Hall, Vice-Mayor Maggard,
Couch, Carson (seated at 7:25 p.m.),
Sullivan (seated at 6:00 p.m.)
Benham, Hanson, Scrivner
Mayor Florez, Pratt, Nelson, Colvard,
Johnson
I. OPENING STATEMENTS
State Senator Dean Florez made opening comments.
Mayor Harvey L. Hall, City of Bakersfield, made opening
comments.
Mayor Fran Florez, City of Shatter, made opening
comments.
First District Supervisor Jon McQuistion, Kern County,
made opening comments.
II. 7th STANDARD ROAD: OVERVIEW (PRESENTED
CONCURRENTLY)
A. Craig Pope, Director, Kern County Roads Director
gave a Power Point presentation and provided an
overview assisted by Todd Wood.
.~_._-,-----_.-
Bakersfield, California, September 14, 2005 - Page 2
II.
7th STANDARD ROAD: OVERVIEW (PRESENTED
CONCURRENTLY) continued
ACTION TAKEN
B. Jeremy Tobias, Community Development Director,
City of Shatter provided an update and made
comments. Shatter City Manager, John Guinn,
made additional comments and provided written
material.
C. Alan Tandy, Bakersfield City Manager made
provided an update and made comments.
Additional comments were made by Ted Wright,
City of Bakersfield Public Works Civil Engineer IV.
D. Alan McCuen, Caltrans District 6 made comments.
III. WATER ISSUES: OVERVIEW
A. Alan Tandy, Bakersfield City Manager made
comments.
Bakersfield City Councilmember Couch requested
Councilmembers be provided with copies of the current
water Agreement between the cities of Bakersfield and
Shaffer.
B. City of Shatter City Manager, John Guinn, made
comments.
Bakersfield City Councilmember Couch requested both
Bakersfield and Shaffer City staffs meet to formulate
design standards that both cities can agree to adopt.
Bakersfield City Councilmember Couch requested the
respective cities Planning and Development
Committees develop consistent design standards for
application to adjoining boundaries of the respective
cities.
IV. PUBLIC COMMENTS
A. Dave Dmohowski on behalf of Rosedale Ranch
made comments.
-"-,----.----"-.--.---,-,,-"'---.-
Bakersfield, California, September 14, 2005 - Page 3
v.
ADJOURNMENT
ACTION TAKEN
Senator Florez adjourned the meeting at 7:40 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of the Council of the City of
Bakersfield