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BAKERSFIELD CITY COUNCIL
AGENDA
DECEMBER 14, 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. Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator
William Avery.
b. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1). (Continued from previous meeting of 11/30/05)
c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding Elizabeth Ann Peel, et al v City, et al.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Reverend Timothy Coston, Sr., Cain African Methodist Episcopal Church.
7. PLEDGE OF ALLEGIANCE by Brandon Corum, 4th Grade Student at Patriot Elementary School.
8. CLOSED SESSION ACTION
9. PUBLIC STATEMENTS
10. PRESENTATIONS
(Ward 4)
a.
Agreement with Bright House Networks to pay the City $375,000.00, plus $125,000.00 in
advertising, for a period of five years for naming rights of the Amphitheater at The Park at
Riverwalk.
Staff recommends approvai of agreement granting Bright House Networks the naming rights.
11. APPOINTMENTS
a. One (1) appointment to Police Civil Service Board due to the expiration of term of Kenneth
Vetter, term expiring December 31 , 2005.
Staff recommends Council determination.
b. One (1) appointment to Fire Civil Service Board due to the expiration of term of Max Morris,
term expired December 31 , 2005.
Staff recommends Council determination.
c. Two (2) appointments to Miscellaneous Civil Service Board due to the expiration of terms of
Richard Russell and Thomas See, terms expiring December 31, 2005.
Staff recommends Council determination.
11. APPOINTMENTS continued
d. One (1) appointment to Kern Mosquito and Vector Control District, due to the expiration of
term of Morris C. Mahlmann, term expiring December 31, 2005.
Staff recommends Council determination.
Minutes:
12. CONSENT CALENDAR
a. Approval of minutes of the November 16, 2005 Special City Council Meeting and the
November 30, 2005 Regular City Council Meeting.
Payments:
b. Approval of department payments from November 18, 2005 to December 1, 2005 in the
amount of $6,612,819.93 and self insurance payments from November 18, 2005 to
December 1, 2005 in the amount of $195,096.12.
(Ward 3)
c.
Ordinances:
First Reading of Ordinance adopting a Negative Declaration and amending Section
17.06.020 (Zone Map No. 104-08) of Title 17 of the Municipal Code by changing the zoning
from A (Agriculture) to R-1 (One Family Dwelling) on 39.09 acres generally located at the
northwest corner of Valley Lane and Bella Drive (File No. 05-0531).
d. Adoption of amendments to various Ordinances relating to:
(Ward 1)
(Ward 1)
(Ward 1)
(Ward 4')
* upon annexation
1 . City Seal (FR 11/30/05)
2. City Council Meetings (FR 11/30/05)
3. Personnel Policies (FR 11/30/05)
4. Employer-Employee Relations (FR 11/30/05)
5. Ice Cream Vendors (FR 11/30/05)
e. Adoption of Ordinance amending Sections 3.20.060,3.20.090,3.20.100 and 3.20.105 of the
Municipal Code relating to bidding and contract procedures. (FR 11/30/05)
f.
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-17 from M-3 (Heavy Industrial) to R-2 (Limited
Multiple Family Dwelling) on 22.6 acres, located at the northwest corner of Pacheco Road
and Cottonwood Road. (Applicant: South Enterprise Zone, property owner) (ZC 05-0412)
(FR 11/16/05)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-16 from M-1 (Light Manufacturing) to R-2 (Limited
Multiple Family Dwelling) on 9 acres and from M-3 (Heavy Industrial) to R-2 on 31 acres,
located on the east side of Cottonwood Road between East White Lane and Brook Street.
(Applicant: Alfredo Hernandez, property owner) (ZC 05-0414) (FR 11/16/05)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-16 from M-1 (Light Manufacturing) to R-1 (One
Family Dwelling) on 2 acres and from M-3 (Heavy Industrial) to R-1 on 38 acres, located on
the north side of future East White Lane, 1,320 feet east of Cottonwood Road. (Applicant:
Marino/Associates, representing Magdaleno Duenas Barajas and Luisa Duenas, property
owners) (ZC 05-0417) (FR 11/16/05)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 134-05 from A (Agriculture) to R-1 (One Family
Dwelling) on 1 acre located north of Snow Road, generally west of Verdugo Lane.
(Applicant: SmithTech/USA Inc., representing Elizabeth H. Pinnell, property owner)
(ZC 04-0420) (FR 11/16/05)
g.
h.
i.
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.---...,.....---
12. CONSENT CALENDAR continued
(Ward 5)
(Ward 4)
(Ward 5')
(WardS')
(Ward 5)
(Ward 5.6')
(Ward 5,6)
(Ward 6')
" upon annexation
j.
k.
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-30 from County A (Agriculture) to R-1 (One Family
Dwelling) on 76 acres located on the north side of Berkshire Road (future) and east of
Mountain Vista Drive (future), approximately 1,400 feet south of Panama Lane. (Applicant:
The Lusich Company, Inc., representing Lennar and MacLeu, LLC, and David P.
Antongiovanni Family Trust, property owners) (ZC 05-0476) (FR 11/16/05)
Adoption of Ordinance amending Title 17 of the Municipal Code by prezoning 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 bounded by yth Standard Road to the north, Jenkins Road to the east,
Burlington Northern Santa Fe (BNSF) Railroad to the west, and Kratzmeyer Road/Olive
Drive to the south; and, approving a Development Agreement. (Applicant: Project Design
Consultants, representing Rosedale Ranch, property owners) (ZC 04-0671) (FR 11/16/05)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-31 from A (Agriculture) to R-1 (One Family
Dwelling) on 86.37 acres located north of Taft Highway and east of Buena Vista Road.
(Applicant: Marino Associates, representing Del Ray Development LLC, property owner)
(ZC 05-0743) (FR 11/16/05)
I.
m.
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-30 from A (Agriculture) to R-1 (One Family
Dwelling) on 80 acres located at the northeast corner of McCutchen Road and Buena Vista
Road. (Applicant: Mcintosh and Associates, representing Lester D. Baroncini, Trustee of
Irene Baroncini Trust, property owner) (ZC 05-0942) (FR 11/16/05)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 122-24 from A-20A (Agricultural 20-acre Minimum Lot
Size) to R-1 (One Family Dwelling) on 80 acres located at the southeast corner of South
Allen Road (future) and Pensinger Road. (Applicant: Mcintosh and Associates, representing
Centex Homes, Inc., property owner) (ZC 05-0943) (FR 11/16/05)
Adoption of Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 123-
29 and 123-32 from A (Agriculture) to R-1 (One Family Dwelling) on 110 acres located north
and south of McCutchen Road, east and west of Progress Road. (Applicant/Owner: Global
Investment & Development LLC, c/o Aaron Rivani) (ZC 04-1012) (FR 11/16/05)
Adoption of Ordinance amending Title 17 of the Municipal Code by prezoning project area,
generally bounded by Panama Lane to the north, Old River Road to the east, South Allen
Road (unimproved) to the west, and Taft Highway (State Route 119) to the south, to R-
1/PUD (One Family Dwelling/Planned Unit Development) on 1,630.34 acres, to R-2/PUD
(Limited Multiple Family Dwelling/Planned Unit Development) on 109.53 acres, to C-1
(Neighborhood Commercial) on 9.66 acres, to C-2 (Regional Commercial) on 22.09 acres
and to C-2/PCD (Regional Commercial/Planned Commercial Development) on 61.38 acres;
and approving Development Agreement. (Applicant: PB Ventures LLC, property owner) (ZC
03-1528) (FR 11/16/05)
n.
o.
p.
q.
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map no. 126-05 from A (Agriculture) to C-1/PCD (Neighborhood
Commercial/Planned Commercial Development) on 28 acres and M-1 (Light Manufacturing)
on 15 acres located south of McCutchen Road and east of Ashe Road. (Applicant:
SmithTech/USA Inc., representing Thomas Mitchell Ashe) (ZC 04-1765) (FR 11/16/05)
3
12. CONSENT CALENDAR continued
Resolutions:
Resolution of Application proposing proceedings for annexation of inhabited territory to the
City property identified as Annexation No. 502 located at the southeast corner of Panama
Lane and Buena Vista Road.
s. Resolution requesting the California State Legislature and Governor continue the transfer of
Proposition 42 funds to transportation programs in the 2006/07 budget and every year
thereafter, and to enact legislation to increase flexibility among transportation programs to
more easily match deliverable projects with available funds.
(Ward 5')
r.
(Ward 3)
(Ward 1.3.5)
(Ward 3)
(Ward 4)
.. upon annexation
t.
Assessment District No. 05-2 (Montaire/Paladino Hills):
1. Resolution accepting petition and determining to undertake special assessment
proceedings.
2. Resolution approving boundary map.
3. Resolution of Intention No. 1424.
4. Agreement with Wilson & Associates for assessment engineering services.
5. Agreement with Orrick, Herrington & Sutcliffe for bond counsel services.
6. Agreement with Pillsbury Winthrop for disclosure counsel services.
Agreements:
u.
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreement with McMillin Albany, LLC for Tract 6169 Unit
6 located north of Panama Lane and east of Old River Road.
2. Final Map and Improvement Agreements with Tuscany/Parcel 14 dba Siena Homes,
Inc. for Tract 6347 Phase 1 located west of Alfred Harrell Highway and north of State
Route 178.
3. Final Map and Improvement Agreement with Firm Foundation Ventures, Inc. for Tract
6413 Phase 1 located west of South Union Avenue and north of Linnell Way.
4. Final Map and Improvement Agreement with Pulte Home Corp. for Tract 6149 Phase
6 located south of State Route 178 and west of Miramonte Drive.
v.
Solara Park located at Miramonte Drive and Park Place Drive:
1. Agreement with Pulte Home Corporation ($361,026.00) for the development and
dedication of 3.61 acre Solara Park.
w.
2. Appropriate $361 ,026.00 Park Improvement Fund Balance.
Agreement with Kern Building Materials to lease City owned real property located at 7800
Brimhall Road.
x. Agreement with Krazan & Associates, Inc. ($248,921.25) to provide materials testing
services for two (2) years.
y. Agreements with Mcintosh & Associates ($300,000.00) and Quad Knopf ($300,000.00) to
provide on-call construction inspection services for Capital Improvement Program and
Development projects.
4
(Ward 1,4)
z.
12. CONSENT CALENDAR continued
Agreement with Strategic Design Services, LLC ($28,410.00) for design services of security
and access control systems at Police Department facilities.
aa. Amendment NO.1 to Agreement No. 05· 100 with Jim Alfter Cement Contractor
($125,000.00, for a revised not to exceed $345,000.00) for canal liner repair.
bb. Off Highway Motor Vehicle Recreation Project:
1. Amendment NO.1 to Agreement No. 04-102 with State of California Department of
Parks and Recreation to extend the term of agreement to December 31 , 2005 and
increase amount of grant by $10,668.00.
2. Appropriate $10,668.00 State Grant Funds to the Off Highway Vehicle Park Capital
Improvement Budget within the Recreation Facilities Fund.
Accept bid to award annual contract to Bradco Industrial Corp. dba Bradco Environmental
(not to exceed $150,000.00) for woodwaste and greenwaste grinding services.
Accept bid to award annual contract to Granite Construction (not to exceed $750,000.00) for
HUD CDBG street materials.
gg. Accept bid from Jeskell, Inc. ($156,795.63) to provide a storage area network.
(Ward 6')
cc.
(Ward 2)
dd.
Bids:
(Ward 1)
ee.
ff.
Environmental Impact Report (EIR) Preparation for GPAlZC 04-1746/Ashe NO.3 Annexation
(located north and south of Taft Highway (State Route 119) between Ashe Road on the west
and future Mountain Ridge Road on the east):
1. Amendment NO.1 to Agreement No. 05-120 with Michael Brandman & Associates
($10,640.00).
2. Appropriate $10,640.00 developer's contribution to the development fund for the
Development Services operating budget.
Amendment NO.2 to Agreement No. 04/097/RA04-005 with the Bakersfield Redevelopment
Agency for authorization to use Community Development Block Grant Funds for the Old
Town Kern Mixed Use Project.
hh. Accept bids from Jim Burke Ford ($195,891.59); Raceway Ford ($74,173.03); and Three-
Way Chevrolet ($22,406.73) for pickup trucks. (Total $292,471.36)
II. Extend bid from The Trailer Company ($38,872.76) for one (1) walking floor dump truck body
for the Compost and Recycling Facility.
Miscellaneous:
Appropriate $2,400.00 Transportation Development Act Article 3 Grant for bicycle storage
lockers at the Ice Sports Center and McMurtrey Aquatic Center to the Capital Improvement
Budget within the Bikeway and Pedestrian Pathway Fund.
kk. Appropriate $7,860.00 Federal Grant Revenues (L.L.E.B.G.) to the Police Department
Operating Budget within the General Fund toward the cost of mobile data computers.
(Ward 2)
jj.
II. Appropriate and transfer $570,000.00 additional Vehicle License Fee in Lieu Revenues
within the General Fund to the Capital Improvement budget within the Capital Outlay Fund
for the City's street preventative maintenance program.
" upon annexation
5
12. CONSENT CALENDAR continued
(Ward 1.2,5,7) mm. Appropriate $32,000.00 General Fund balance, provided by the California Integrated Waste
Management Board Curbside Oil Program, to the Recreation and Parks Capital Improvement
Budget for the purchase and installation of four (4) shade structures at various parks.
(Ward 4) nn. Grant of Easement to Pacific Bell to install an above ground telecommunication cabinet at
8600 Hageman Road.
00. Request for new position for Public Works Department:
1. Approve additional Accountant I position for the Subdivisions Section.
2. Appropriate $65,000.00 additional development fee revenue to the Public Works
Department operating budget within the Development Services Fund.
pp. New position, additional Laborer positions, and equipment for Recreation & Parks:
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 Special
Events Manager.
2. New Job Specification for Special Events Manager.
3. Approval of seven (7) Laborers, one (1) Special Events Manager and equipment.
4. Appropriate $170,000.00 additional vehicle license fee in-lieu revenues to the
Recreation and Parks Operating Budget within the General Fund for new positions,
and transfer $35,000.00 of the $170,000.00 to the Equipment Fund for the purchase
of equipment and a vehicle.
5. Appropriate $110,000.00 General Fund revenue received from Castle & Cooke
(Agreement No. 96-81 (1)), from sponsorships/events and park rentals at The Park at
River Walk.
Staff recommends adoption of Consent Calendar items a through pp.
13. CONSENT CALENDAR HEARINGS
(Ward 7)
(Ward 2)
(Ward 5)
(Ward 3)
(Ward 5)
a.
Public Hearing to consider Resolution ordering the vacation of a portion of Crosswind Way
east of Windchime Court. (Staff recommends adoption of resolution)
Public Hearing to consider Resolution ordering the vacation of an 11.25 foot wide strip of
land on 26th Street between M Street and the alley. (Staff recommends adoption of
resolution)
Public Hearing to consider Resolution ordering the vacation of a portion of Pacheco Road
between Old River and Progress Roads, and Progress Road b~tween Harris and Pacheco
Roads. (Staff recommends adoption of resolution)
b.
c.
d.
Protest Hearing for proposed Assessment District No. 05-3 (Liberty IINillage Green/Tesoro-
Encanto/Lin/Rider/Diamond Ridge): (Staff recommends overriding protests and adoption of
resolution)
1. Resolution approving Final Engineer's Report, levying assessments, ordering
improvements, and, authorizing and directing related actions.
Public Hearing to consider Resolution authorizing American Baptist Homes of the West to
issue revenue bonds (not to exceed $120,000,000.00) to be used to finance the Rosewood
Retirement Community - TEFRA. (Staff recommends adoption of resolution.)
e.
6
13. CONSENT CALENDAR HEARINGS continued
f. Public Hearing to consider amendments to various ordinances relating to (Staff
recommends give first reading to ordinances.):
1. Drilling or and Production of Petroleum
2. Tentative Maps
3. Final Tact Maps
4. Design Standards
5. General Regulations including Site Plan Review
6. R-1 One-Family Dwelling Zone
7. R-2 Limited Multiple-Family Dwelling Zone
8. R-3 Limited Multiple-Family Dwelling Zones
9. R-4 Multiple Family Dwelling Zone
10. PUD Planned Unit Development Zone
11. PCD Planned Commercial Development Zone
12. Signs
14. HEARINGS
15. REPORTS
a. Proposed build-out of Highway 178.
b. Update on Capital Improvement Program Budget.
16. DEFERRED BUSINESS
17. NEW BUSINESS
(Ward 1)
a.
Report on the Sale of the City Farm Property.
Staff recommends that no action be taken at this time because it is premature to initiate a ballot
referendum to allocate the use of proceeds from the sale before it is known if or when it will occur.
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
¡// ~
Alan Tandy
City Manager
12/8/05 2:40pm
7
AGENDA HIGHLIGHTS
DECEMBER 14, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
CLOSED SESSION
Council will continue the performance evaluation of the City Attorney. There will also be a conference with the
labor negotiator and a conference with legal counsel regarding one cases of existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
PRESENTATIONS
ttem 10a. Aareement with Briaht House Networks to oav City $500.000 total for a Period of Five Years for
NaminG Riahts of the Amohitheater at The Park at River Walk. Terms of the agreement are for Bright House
Networks to pay the City $75,000 per year over a period of five years ($375,000), plus $125,000 in advertising
for events. These funds are proposed to be placed in a special account which will be used to offset
entertainment costs.
APPOINTMENTS
There will be five appointments; one to the Police Civil Service Board; one to the Fire Civil Service Board; two
to the Miscellaneous Civil Service Board; and one to the Kern Mosquito and Vector Control District.
CONSENT CALENDAR
Ordinances
Item 12c. First Readina of an Ordinance AmendinG the Municioal Code bv ChanainG the ZoninG on 39.09
Acres Generallv Located at the Northwest Corner of Vallev Lane and Bella Drive. The zone change request
consists of changing the zoning from A (Agriculture) zone to an R-1 (One Family Dwelling) zone to have
consistency with the General Plan Land Use designation of LR (Low Density Residential). No one spoke in
opposition to the project at the Planning Commission hearing on October 20, 2005. The Planning Commission
recommends approval by the Council.
Resolutions
Item 125. Resolution ReauestinG the California State LeGislature and Governor Continue the Transfer of
Prooosition 42 Funds to Transoortation Proarams. For the next five years, 100% of the State funding for new
projects in the State Transportation Improvement Program (STIP) is to be derived from three sources:
Proposition 42, the gasoline sales tax spillover, and the gaming bonds proposed to repay past loans from
transportation funds. However, any or all of those three sources may be threatened, due to pending budget
decisions that may be reopened annually. Vice Mayor Couch requested that this Resolution be placed on the
agenda and approved by Council. It urges the Governor and Legislature to continue the transfer of Proposition
42 funds to transportation programs in the 2006/07 budget, and every year thereafter; enact legislation to
increase flexibility among transportation programs to make it easier to match deliverable projects with available
funds; and convene representatives from the Administration, Legislature, regional agencies, cities, counties,
and transit operators to examine expeditiously what to do about the near- and long-term transportation funding
crisis.
Agenda Highlights
December 14, 2005
Page 2
Aoreements
Item 12v. Aoreement with Pulte Home Corooration for the Develooment and Dedication of Solara Park at
Miramonte and Park Place Drives. When the Planning Commission approved the tract for this location, it
required the subdivider, Pulte, to dedicate to the City and develop 3.61 net acres of park land. The
requirement is traditionally covered by the payment of park development fees which are paid upon issuance of
a building permit on a per-lot basis. The park is not built until sufficient funds are collected. In this case, both
Pulte and the City desire to build the park ahead of schedule. Pulte has therefore agreed to build the park, and
upon completion, dedicate it to the City. They will then be reimbursed with park development fees collected at
the time of completion.
Item 12aa. Amendment NO.1 to Aoreement No. 05-100 with Jim Aliter Cement Contractor for Canal Liner
Reoair in the amount of $125.000. for a revised not to exceed amount of $345.000. This contract expires
March 8, 2006. Additional funds must be added to continue service through the end of the contract period.
Item 12dd. Amendment #2 to Aoreement No. RA04-005/04-097 for Aoencv Authorization to Use Communitv
Develooment Block Grant Funds ICDBG\ for the Old Town Kern - Mixed Use Proiect. In December, 2003, an
agreement was executed granting the Agency the authority to expend CDBG Funds for the acquisition of
property, relocation of tenants and demolition of structures. In February, 2005 the Agreement was amended to
increase the authorized amount to $616,334. This proposed amendment will increase the authorized amount
to $895,350. All other terms of the original agreement remain in full force and effect. These funds have been
approved by the City Council and the U.S. Department of Housing and Urban Development for this purpose.
The Agency approved the agreement on November 28, 2005.
Bids
Item 12ee. Award Annual Contract to Bradco Industrial Corooration dba Bradco Environmental for Woodwaste
and Greenwaste Grindino Services in an amount not to exceed $150.000. Although 19 invitations to bid were
sent, only one bid was received. Staff finds the bid to be acceptable and recommends award to Bradco
Industrial Corporation.
Item 12ft. Award Annual Contract to Granite Construction for HUD CDBG Street Materials in an amount not to
exceed $750.000. Although 11 invitations to bid were sent, only one bid was received. Staff finds the bid to be
acceptable and recommends award to Granite Construction.
Item 12gg. Award Bid to Jeskell. Inc.. Sunnwale to Provide a Storaoe Area Network in the amount of
$156.795.63. The storage area network will replace existing equipment which does not have adequate disc
capacity. Although 14 invitations to bid were sent, only one bid was received. Staff finds the bid to be
acceptable and recommends award to Jeskell, Inc., Sunnyvale.
Item 12hh. Award Bids to Jim Burke Ford ($195.891.59); Racewav Ford ($74.173.03); and Three-Wav
Chevrolet ($22.406.73) for Pickuo Trucks. Eight acceptable bids were received to supply trucks to the Public
Works and Recreation and Parks Departments. Staff recommends splitting the bid award to obtain the best
pricing.
Miscellaneous
Item 1211. Aoorooriate and Transfer $570.000 Additional Vehicle License Fee in Lieu Revenues within the
General Fund to the Caoital Imorovement Budoet within the Caoital Outlav Fund for the Street Preventative
Maintenance Prooram. Currently, there is a large backlog of City residential streets that are in need of
reconstruction. This budget year our street crews have accelerated their schedules to tackle this backlog. In
addition, staff feels that they can do some street reconstruction during the Winter months. Staff will do a pilot
program during these months and evaluate the results.
Agenda Highlights
December 14, 2005
Page 3
The appropriated funds will be used to conduct this pilot program and to purchase the necessary street
materials. This fiscal year, there is $5.8 million budgeted for street materials. These expenses are being
monitored on a monthly basis, but staff anticipates a funding shortfall this year end if street crews continue at
their current pace and if resurfacing is done during the winter months. In the Spring, firmer numbers will be
available since there will be nine months of actual costs. At that time, staff will come back to Council with
requests for additional appropriations.
Item 1200. ReQuest for New Position for the Public Works Deoartment. Due to increased development
activity, the Subdivisions Section of the Public Works Department has, in some instances, been unable to keep
up with the associated accounting duties in a timely manner and to maintain accurate records. Directly related
has been an increase in the complexity and number of individual developer agreements which require
accounting analysis and monitoring. A few examples include ensuring that the appropriate fees are charged,
that developer reimbursements are done properly, and that dates for the expiration of vesting rights are
accurate and current. Staff requests the addition of an Accountant I position to be funded through existing
developer fees. A partial list of duties to be assigned to this position is contained in the administrative report.
An appropriation of $65,000 additional development fee revenue to the Public Works operating budget within
the Development Services Fund would be necessary.
Item 12pp. New Positions and EQuioment for the Recreation & Parks Deoartment. Due to the unprecedented
growth by the City, the Recreation and Parks Department is experiencing additional service needs. Staff
proposes to hire a Special Events Manager to handle the duties of marketing, event sponsorships, rentals and
maintenance of The Park at River Walk. Two Laborer positions and related equipment are also needed for this
park.
In addition, five Laborer positions are requested for the expanding street and median landscape assignments
citywide, with the focus being on maintenance districts. A total of eight positions are requested in the
department overall.
CONSENT CALENDAR HEARINGS
Item 13a. Public HearinQ to Consider Resolution OrderinQ the Vacation of a Portion of Crosswind Wav. East
of Windchime Court. Marino/Associates on behalf of Derrel's Mini Storage has applied for a zone change for
the 15-acre piece of land located at the southwesterly corner of Panama Lane and Wible Road, from R-2
(Limited Multiple Family Dwelling) to P.C.D. (Planned Commercial Development). As a condition for approval,
the applicant was required to vacate a portion of Crosswind Way, east of Windchime Court to serve as access
to the 15-acre piece of land west of the development. No objections have been received. The proposed
vacation was found to be consistent with the Metropolitan Bakersfield 2010 General Plan.
PG&E indicates that they have facilities within the area that need to be protected by a reservation of an
easement. A public utility easement shall be reserved to serve this purpose.
Item 13b. Public HearinQ to Consider Resolution OrderinQ the Vacation of an 11.25-Foot Wide Strio of Land
on 26th Street between M Street and the AIIev. Hopkins Engineering is in the process of planning a new office
at 26th Street and "M" Street. City ordinance requires eleven parking spaces including one handicap space.
Currently they are able to get nine parking spaces including one handicap space. The proposed strip of land to
be vacated would provide enough space for two spaces required. No objections have been received. The
proposed vacation was found to be consistent with the Metropolitan Bakersfield 2010 General Plan.
Item 13c. Public HearinQ to Consider Resolution Orderino the Vacation of a Portion of Pacheco Road
between Old River and ProQress Roads. and ProQress Road between Harris and Pacheco Roads. Smith Tech
USA on behalf of Don Judkins and Lennar Homes of California, Inc. requests the vacation as required by
Public Works for approval of Tract Nos. 6167 and 6363. No objections have been received. The proposed
vacation was found to be consistent with the Metropolitan Bakersfield 2010 General Plan.
Agenda Highlights
December 14, 2005
Page 4
Item 13d. Protest Hearina for ProDosed Assessment District No. 05-3 (Libertv 11 / Villaoe Green / Tesoro-
Encanto / Lin / rider / Diamond Ridae). On October 9, 2005, Council approved the Preliminary Engineer's
Report and scheduled the hearing as required by law for December 14, 2005. Following the close of the
hearing, adoption of the resolution will approve the Final Engineer's Report, levy the assessments and order
the public improvements.
Item 13e. Public Hearina to Consider a Resolution Authorizina American BaDtist Homes of the West to Issue
Revenue Bonds in an amount not to exceed $120 million to be Used to Finance the Rosewood Retirement
Community - TEFRA. American Baptist Homes of the West (ABH), a non-profit corporation, is working with
California Statewide Community Development Authority (the Authority) to obtain financial assistance through
the issuance of revenue bonds, in an amount not to exceed $120 million. The proceeds of the bonds will be
used for the financing of certain continuing care and health facilities operated by the applicant.
By utilizing the Authority, the City 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.
Item 13'. Public Hearina to Consider Various CleanuD Ordinances. At the Council meeting of November 30,
2005, staff brought forth clean-up items to Chapters 1, 2, and 8 of the Municipal Code. This item brings forth
Chapters 15, 16, and 17. The purpose is to clarify language, remove ambiguity, reflect what is actually being
done, and lor to correct typographical errors.
REPORTS
Item 158. ProDosed Build-Out of Hiahwav 178. As requested by Council member Maggard at the November
30, 2005 Council meeting, the Public Works Director will discuss the proposed build-out of Highway 178.
Item 15b. UDdate on CaDitallmDrovement Proaram Budaet. The Public Works Director will present a mid-
year report on the Capital Improvement Program.
NEW BUSINESS
Item 17a. Reoort on Sale of the City Farm Prooertv. Councilmember Couch, during Council statements on
November 30, 2005 asked that this item be listed on the December 14, 2005 agenda. He asked about
timeframes to place an item on the ballot and a referendum that would direct the money to specified uses,
particularly streets, and related questions.
Staff is recommending that no action be taken as it is not certain there will be a sale and it is unclear what
profit, if any, will be made. The request did afford staff an opportunity to articulate the tremendous progress we
have made in the street repair program. Details are in the administrative report.
Approved:
Alan Christensen,
Assistant City Manager
~/
cc: Department Heads
Rhonda Smiley, Public Relations
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Closed Session
ITEM: 4. Q.
FROM:
DATE:
Honorable Mayor and City Council ò\ ,\-V
\Y"\
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
AP~ROVED
If;
I
TO:
December 5, 2005
CITY ATTORNEY ß1;tA--
CITY MANAGER At
SUBJECT: Closed session pursuant to Government Code 54957.6; Conference with Labor Negotiator
William Avery
RECOMMENDATION:
BACKGROUND:
December 5. 2005, 4:15PM
S:\ADMINRPT\Closed Session 12-14-05.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 14,2005
AGENDA SECTION: Closed Session
ITEM: Lj. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
December 6, 2005
SUBJECT: Public Employee Performance Evaluation - City Attorney
Closed session pursuant to Government Code section 54957(b)(1)
(Continued from previous meeting of November 30,2005)
APPROVED
t/t:-
/.I?
At.
.
VG:do
S:ICQUNCILICI SesslAdminsI05-06112-14-05 EVAL-ATT,dot
December 6, 2005. 11:09AM
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Closed Session
ITEM: 4, c...
DATE:
December 6, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
I/&-
V~
N/
v
TO:
FROM:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
. Elizabeth Ann Peel, et al v. City of Bakersfield, et al
Kern County Superior Court, Case No. S-1500-CV-254827-SPC
VG:do
S:\CQUNCI L \CI Sess\Admins\05-06\ 12-14-05Existlit.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Presentations
ITEM: lD. Q.
DATE:
December 5, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
() Lf}
ØM-
Iv
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover
Director of Recreation & Parks
DEPARTMENT HEAD
SUBJECT: Agreement with Bright House Networks to pay the City $375,000,plus $125,000 worth of
advertising for a period of five years for naming rights of the Amphitheater at The Park at
River Walk.
RECOMMENDATION:
Staff recommends that the City of Bakersfield grant Bright House Networks the naming rights for the
Amphitheater at the Park at River Walk.
BACKGROUND:
At the July State of the City message to the Chamber of Commerce, Dianne Hoover made a plea to those
present regarding opportunities for naming rights of the Amphitheater. The message was posted on the
city's website and Dianne followed up with an article in the Chamber newsletter requesting naming rights
to the amphitheater.
Staff then created a sponsorship packet to present to representatives of various companies when meeting
at the Amphitheater. The companies that expressed an interest and met on site included Urners, Coca-
Cola, Tejon Ranch, Union Bank of California, Verizon Wireless and Bright House Networks.
Bright House Networks and Urner's were the two companies that responded in writing with a naming rights
proposal. Bright House Networks came forward soon after meeting staff on site with their proposed
agreement, matching our request for $500,000 for five years.
Terms of the agreement include $375,000 plus $125,000 in advertising events for a five year period. The
payments will be made each year at $75,000 beginning in 2006 through 2010. Bright House Networks will
work with the City of Bakersfield Recreation and Parks Department in tracking the advertising
opportunities to total $125,000 over the five year period. The money is proposed to be deposited into a
special account which will be used to offset entertainment costs occasionally. For example, if we want to
bring in an act that costs $25,000, and we want to offer it free to the community, we would be able to use
this special fund.
December 6, 2005, 2:50PM
5:\2005 Admins\Naming Rights.dot
ADMINISTRATIVE REPORT
Bright House Networks is to be commended for their willingness to name this new amphitheater, thus
setting the example for other companies to name future park facilities. Bright House Networks can assist
the city in bringing a variety of entertainment to this new facility while providing a wide range of
opportunities to the citizens of Bakersfield. Bright House Networks has the ability to advertise and market
the events at the amphitheater, thus promoting a premier park amenity.
Hereafter, the Amphitheater at The Park at River Walk will be referred to as the Bright House Networks
Amphitheater.
December 6, 2005, 2:50PM
$:\2005 Admins\Naming Rights.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Appointments
ITEM: \\.0..
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
December 2. 2005
APPROVED
DEPARTMENT HEßr-;; Jl-T
CITY ATTORNEY a rj}¡J)..--
CITY MANAGER )4?
TO:
FROM:
SUBJECT: One appointment to the Police Civil Service Board, due to the expiration of term
of Kenneth Vetter, term expiring December 31,2005.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Police Civil Service Board due to the expiration of term of Kenneth
Vetter, whose term expires December 31, 2005. The news release for this recruitment was posted
on November 3, 2005.
One application has been received from Kenneth Vetter. A copy of Mr. Vetter's application is
provided.
The Police Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Police Department. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the first Wednesday
of each month at 8:00 a.m., in the Police Facilities Building, Executive Conference Room 53. 1601
Truxtun Avenue, Bakersfield.
..-
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//
December 2, 2005, 1 :21 PM
S:\8ds&CommIPOLlCEladmin 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Appointments
ITEM: II.h.
DATE:
APPROVED
DEPARTMENTHEA~ ~ Ní
CITY ATTORNEY ~
CITY MANAGER J/.(
SUBJECT: One appointment to the Fire Civil Service Board, due to the expiration of term
of Max Morris, term expired December 31, 2005.
Honorable Mayor and City Council
TO:
FROM:
Pamela A. McCarthy, City Clerk
December 2, 2005
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Fire Civil Service Board due to the expiration of term of Max
Morris, whose term expired December 31, 2005. The news release for this recruitment was posted
on November 3, 2005.
Applications for appointment have been received from the following:
. Ronald W. Eaves
. Glenda G. Love
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members, appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Fire Department. All applicants have been encouraged to contact each
councilmember regarding their interest and qualifications. Meetings are held the second Monday of
each month at 3:00 p.m., at the Human Resources Testing Room, 1501 Truxtun Avenue,
Bakersfield.
Oecember 2.2005, 1:13PM
S:\Bds&Comm\BRDA\FIRE\admin Dee 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Appointments
ITEM: 1\ .c..
APPROVED
DEPARTMENT HEAt))"¡,,, k. 11-/
CITY ATTORNEY ß52..-
CITY MANAGER jJt,..
SUBJECT: Two appointments to the Miscellaneous Civil Service Board, due to the expiration
of terms of Richard Russell and Thomas See, terms expiring December 31, 2005.
TO:
FROM:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
DATE:
December 2, 2005
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There are two appointments to the Miscellaneous Civil Service Board due to the expiration of terms
of Richard Russell and Thomas See, whose terms expire December 31, 2005. The news release
for this recruitment was posted on November 3, 2005.
Applications have been received from the following:
. Glenda G. Love
. Dr. B. J. Moore
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of
five (5) members, appointed by the full Council. Members must be residents of the City throughout
their three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
employees affected by Civil Service. All applicants have been encouraged to contact each
Council member regarding their interest and qualifications. Meetings are held the third Tuesday of
each month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue,
Bakersfield.
S:\8ds&Comm\MISCCSladmin 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Appointments
ITEM: lId.
APPROVED
DEPARTMENTHE~
CITY ATTORNEY ~
CITY MANAGER ¥
SUBJECT: One appointment to the Kern Mosquito and Vector Control District, due to the expiration
of term of Morris C. Mahlmann, term expiring December 31, 2005.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
December 2, 2005
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Kern Mosquito and Vector Control District due to the expiration
of term of Morris C. Mahlmann, whose term expires December 31, 2005. The news release
was posted November 3, 2005.
An application for appointment has been received from Mr. Mahlmann. A copy of his application
is provided.
The primary objective of the Kern Mosquito and Vector Control District is the elimination of
mosquito-breeding areas by way of educational services, various control measures and
abatement procedure methods when necessary. Members are nominated and appointed by the
Council of each respective participating City. Members shall be an elector of the City and a
resident of that portion of the City which is within the Kern Mosquito and Vector Control District
throughout their 2-year term.
All applicants have been encouraged to contact each City Councilmember regarding their
interest and qualifications. Meetings are held the second Wednesday of each month at 11 :30
a.m. at the District Office, 4705 Allen Road, Bakersfield.
S:\Bds&Comm\KMVC\admin 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1;1.0..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
APPROVED
DEPARTMENT HEA6Jk- b/... rlf
December 2,2005
CITY ATTORNEY
CITY MANAGER
If(~
f
SUBJECT: Approval of minutes of the Special November 16, 2005 and November 30, 2005 Council
meetings.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
.
.-.'..-"-..'--."--
.
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ· b.
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
A/.5
1c:Y)r¡4
l]t
DATE:
December 1, 2005
SUBJECT: Approval of department payments from November 18, 2005 to December 1, 2005 in the
amount of $6,612,819.93 and self insurance payments from November 18, 2005 to
December 1, 2005 in the amount of $195,096.12.
RECOMMENDATION:
Staff recommends approval of payments totaling $6,807,916.05.
BACKGROUND:
klg
December 1, 2005. 1:49PM
S:\KimGlFonns & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: I;:;¡. c.. .
TO:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
December 14, 2005 CITY ATTORNEY /JJJeJ
CITY MANAGER ;tl-f:
SUBJECT: An ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map
No. 104-08) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from an A (Agriculture) zone to an R-1 (One Family Dwelling) zone 0 39.09 acres generally
located at the northwest corner of Valley Lane and Bella Drive (File No. 05-0531). (Ward 3)
FROM:
DATE:
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On October 20, 2005, the Planning Commission held an advertised public hearing on this zone
change request, and recommend adoption by the City Council. The zone change request consists
of changing the zoning from A (Agriculture) zone to an R-1 (One Family Dwelling) zone on 39.09
acres located at the northwest corner of Valley Lane and Bella Drive. The purpose of the zone
change is to have the zone designation consistent with the General Plan Land Use designation of
LR (Low Density Residential).
No one spoke in opposition to the project at the Planning Commission hearing.
The general vicinity is undergoing urbanization. It is expected adjacent property will be developE
pursuant to the residential land uses shown on the General Plan. The proposed zone change
compatible with the existing land uses.
Staff conducted an initial study that incorporated an air quality impact study, biota study, cultural
resources study prepared by professional consultants. Mitigation measures for these impacts have
been included in the project to reduce all impacts to less than significant. These mitigation
measures are shown in attached Exhibit "A," conditions of approval. Staff recommends adoption of
the Negative Declaration and first reading of the ordinance.
PH:djl
admin\2005\Dec\12-14-0531.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: ld.. d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
December 5, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
v'a-
Virginia Gennaro, City Attorney
&
,
SUBJECT: Amendments to various ordinances relating to:
1. City Seal
2. Council Meetings
3. Personnel Policies
4. Employer-Employee Relations
5. Ice Cream Vendors
RECOMMENDATION:
Staff recommends adoption of all ordinance revisions.
BACKGROUND:
From time to time, City Staff identifies sections within our Bakersfield Municipal Code that should
be revised to clarify language, remove ambiguity, reflect what is actually being done, and/or to correct
typographical errors. Rather than propose each ordinance revision when discovered, the City Attorney
keeps track of the suggested changes and then gathers them together for presentation to the City Council
as part of a general "clean-up".
Staff is proposing the clean-up items to Chapters 1, 2, and 8 of the Bakersfield Municipal Code.
These ordinances, with the exception of Section 2.84.150 received first reading at the November
30, City Council meeting. Also, Staff made a minor revision to the City Seal ordinance to clarify usage by
the Mayor and City Council members.
S:'CQUNCIL\Adrnins\05-06 AdminsTkanup Ords adopcdoc
December 5, 2005 . 5:05 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ, e,..
TO:
Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/1/ß
ÞI1ÞI
/ÎG
DATE:
December 5, 2005
SUBJECT: An Ordinance amending Sections 3.20.060, 3.20.090, 3.20.100 and 3.20.105 of the
Bakersfield Municipal Code relating to bidding and contract procedures.
RECOMMENDATION: Staff recommends adoption of the Ordinance
BACKGROUND: Sections 3.20.060, 3.20.090, 3.20.100 and 3.20.105 of the Bakersfield Municipal Code
establish a formal bid limit and the threshold above which contracts must be approved by the City Council,
both of which are currently $25,000.
The first reading of the Ordinance was held on November 30, 2005. At that time Council directed that the
increase to the formal bid limit and contract threshold be set at $40,000, excepting that the formal bid limit
for fuel, asphalt and concrete be set at $75,000.
Purchasing Division
OW
S:\PURCH\ADMIN\Amendment to Bakersfield Municipal Code Sections 3.20.060, 3.20.090, 3.20.100 and 3.20.105, Second Reading.doc
Created on 12/5/2005 10:27:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 14,2005
AGENDA SECTION: Consent
ITEM: I;:) . -f.
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEADÝ
December 1, 2005 CITY ATTORNEV(f1nt
CITY MANAGER ,Ilc
SUBJECT: An Ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-17 from M-3 (Heavy Industrial) to R-2 (Limited Multiple
Family Dwelling Zone) on 22.6 acres, located at the northwest corner of Pacheco Road and
Cottonwood Road. Applicant: South Enterprise Zone, the property owner (ZC 05-0412)
rNard 1)
TO:
FROM:
DATE:
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on November 16, 2005.
This zone change would permit the development of residential uses on a 22.6-acre site that is, for
the most part, presently designated and zoned for industrial land uses. An abundant supply of
vacant industrial land has been available within the general vicinity of the project area for many
years; the City and others have actively marketed much of this land for industrial development with
very limited success. Long-term industrial land needs can be met through existing vacant
industrial lands in other portions of the City as well as through current and future master planned
community proposals that include industrial components. The lack of demand for industrial land in
this area is an opportunity to accommodate the development of affordable, for-sale housing. Given
the rapid increase in the cost of for-sale housing in the major growth areas of the City, the need to
facilitate the creation of more affordable housing options for those who can no longer afford to
enter Bakersfield's current housing market is becoming increasingly apparent. The Planning
Commission conducted a public hearing on this zone change and recommended City Council
approval on September 15, 2005.
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 August
19, 2005, in accordance with CEQA.
PH:djl
admin\2005\Dec\ 12-14-0412.2nd
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: \;;). q.
-=
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ;()ìr14
CITY MANAGER I/t'/
SUBJECT: An Ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-16 from M-1 (Light Manufacturing) to R-2 (Limited Multiple
Family Dwelling Zone) on 9 acres and from M-3 (Heavy Industrial) to R-2 on 31 acres,
located on the east side of Cottonwood Road, between East White Lane and Brook Street.
Applicant: Alfredo Hernandez, the property owner (ZC 05-0414). (\Nard 1)
FROM:
Stanley C. Grady, Development Services Director
DATE:
December 1, 2005
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council approved the first reading of this Ordinance on November 16, 2005.
The zone change would permit the development of residential uses on a 40-acre site that is
presently designated and zoned for industrial land uses. An abundant supply of vacant industrial
land has been available within the general vicinity of the project area for many years; the City and
others have actively marketed much of this land for industrial development with very limited
success. Long-term industrial land needs can be met through existing vacant industrial lands in
other portions of the City as well as through current and future master planned community
proposals that include industrial components. The lack of demand for industrial land in this area is
an opportunity to accommodate the development of affordable, for-sale housing. Given the rapid
increase in the cost of for-sale housing in the major growth areas of the City, the need to facilitate
the creation of more affordable housing options for those who can no longer afford to enter
Bakersfield's current housing market is becoming increasingly apparent. The Planning
Commission conducted a public hearing on this zone change and recommended City Council
approval on September 15,2005.
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 August
12,2005, in accordance with CEQA.
PH:djl
adminI2005\Dec\ 12-14-0414.2nd
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: ¡';!.h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
December 1, 2005
CITY ATTORNEY
CITY MANAGER
SUBJECT: An Ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-16 from M-1 (Light Manufacturing) to R-1 (One Family
Dwelling Zone) on 2 acres and from M-3 (Heavy Industrial) to R-1 on 38 acres, located on
the north side of future East White Lane, 1,320 feet east of Cottonwood Road. Applicant:
Marino/Associates, representing Magdaleno Duenas Barajas and Luisa Duenas, the
property owners (ZC 05-0417). (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council approved the first reading of this Ordinance on November 16, 2005.
This zone change would permit the development of residential uses on a 40-acre site that is, for
the most part, presently designated and zoned for industrial land uses. An abundant supply of
vacant industrial land has been available within the general vicinity of the project area for many
years; the City and others have actively marketed much of this land for industrial development with
very limited success. Long-term industrial land needs can be met through existing vacant
industrial lands in other portions of the City as well as through current and future master planned
community proposals that include industrial components. The lack of demand for industrial land in
this area is an opportunity to accommodate the development of affordable. for-sale housing. Given
the rapid increase in the cost of for-sale housing in the major growth areas of the City, the need to
facilitate the creation of more affordable housing options for those who can no longer afford to
enter Bakersfield's current housing market is becoming increasingly apparent. The Planning
Commission conducted a public hearing on this zone change and recommended City Council
approval on September 15,2005.
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 August
11, 2005, in accordance with CEQA.
PH:djl
admin\2005\Dec\12-14-0417.2nd
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: I.;).. i.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD 5v'
CITY ATTORNEY ;81Jt>t
CITY MANAGER IJ.p ~
/
SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 134-05 from A (Agriculture) to R-1 (One Family Dwelling) zone
on one acre located north of Snow Road, generally west of Verdugo Lane. Applicant:
SmithTech/USA Inc., representing Elizabeth H. Pinnell, the property owner, (Zone change
04-0420). CNard 4 upon annexation).
FROM:
Stanley C. Grady, Development Services Director
DATE:
December 1, 2005
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on November 16, 2005.
This zone change would permit the development of residential uses on the one acre site. The Planning
Commission conducted public hearing(s) on this Zone Change and recommended City Council
approval on September 15,2005. No one was in opposition to the request and the applicant agreed to
all conditions and mitigation for the project. There were no agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on August 9,
2005, in accordance with CEQA.
MO
Admin\12-14-0420
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: 1.;1. i.
u
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
DATE:
December 1, 2005
CITY ATTORNEY
CITY MANAGER
Sv-
l»Yl4
flc
SUBJECT: An Ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-30 from County A (Agriculture) to R-1 (One Family Dwelling
Zone) on 76 acres, located on the north side of Berkshire Road (future), and east side of
Mountain Vista Drive (future), approximately 1,400 feet south of Panama Lane. Applicant:
The Lusich Company, Inc., representing LENNAR and MacLeu, LLC and the David P.
Antongiovanni Family Trust, the property owners (ZC 05-0476). (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on November 16, 2005.
The zone change would permit the development of single-family residential units on the 76-acre
project site subsequent to annexation into the City of Bakersfield. The project site is part of a
larger, 433-acre land area which has been under a Williamson Act land use contract since 1971;
because notices of non-renewal were filed by the property owners in 2003 and 2004, the contract
on the subject property is set to expire in less than eight years. Cancellation of the land use
contract can be accomplished by paying the deferred taxes to the County Treasurer as a
cancellation fee, which the Kern County Assessor's Office has calculated to be $598,575.
Pursuant to Government Code Section 51282, the City Council may tentatively approve the
cancellation of a land use contract if it finds that the cancellation is consistent with the purposes of
the Williamson Act.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on September 15,2005.
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 August
16,2005, in accordance with CEQA.
PH:djl
admin\2005\Dec\ 12-14-04 76.2nd
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: IJ. k.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Dir.
December 1, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ¡)ìJU
CITY MANAGER
þt,
SUBJECT: An Ordinance approving an amendment to Title 17 of the Municipal Code by prezoning
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,
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. Applicant: Project Design Consultants, representing
Rosedale Ranch, the property owners (ZC 04-0671). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on November 16, 2005.
This 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.
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.
ADMINISTRATIVE REPORT
Page 2
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 Final EIR was recommended for certification by the Planning
Commission on July 7, 2005. 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;djl
admin\2005\Dec\12-14-0671.2nd
~.._-- --, ..."._~
,
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: I ~ . l.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
December 1, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
5t-'".---
Ø)fl>?-
ff
SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-31 from A (Agriculture) to R-1 (One Family Dwelling) zone
on 86.37 acres located north or Taft Highway and east of Buena Vista Road. Applicant:
Marino Associates, representing Del Ray Development LLC, the property owner (ZC 05-
0743). (Ward 5 upon annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on November 16, 2005.
This zone change would permit the development of single family residential on the 86.37 acre site.
The Planning Commission conducted public hearing(s) on this Zone Change and recommended
City Council approval on September 15, 2005. No one was in opposition to the request and the
applicant agreed to all conditions and mitigation for the project. There were no agencies in
opposition to the request. Gordon Nipp of the Sierra Club spoke on the following issues: Air
quality, loss of prime agricultural land, traffic and schools. Staff has responded to Mr. Nipp's
comments.
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 August
22. 2005, in accordance with CEQA
MO
Admin\12-14-0743-2nd
ADMINISTRATIVE REPORT
MEETING DATE: December 14,2005
AGENDA SECTION: Consent
ITEM: Ic;¡,.m.
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
DATE:
December 1, 2005
CITY ATTORNEY
CITY MANAGER
~
/JJJ!~
.
¡/IG
SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 123-30 from A (Agriculture) to R-1 (One Family Dwelling) zone
on 80 acres located at the northeast corner of McCutchen Road and Buena Vista Road.
Applicant: Mcintosh and Associates, representing Lester D. Baroncini, Trustee of the Irene
Baroncini Trust, the property owner (ZC 05-0942). (Ward 5 upon annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on November 16, 2005.
This zone change would permit the development of single family residential units on the 80 acre
site. The general area is transitioning to be developed with urban development. The Planning
Commission conducted public hearing(s) on this Zone Change and recommended City Council
approval on September 15, 2005. No one was in opposition to the request and the applicant
agreed to all conditions and mitigation for the project. There were no agencies in opposition to the
req uest.
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 August
16,2005, in accordance with CEQA.
MO
Admin\12-14-0942.2nd
ADMINISTRATIVE REPORT
MEETING DATE: December 14,2005
AGENDA SECTION: Consent
ITEM: I.::J.V"I.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
December 1, 2005
CITY ATTORNEY
CITY MANAGER
SUBJECT: An Ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 122-24 from A-20A (Agricultural 20-Acre Minimum Lot Size) to
R-1 (One Family Dwelling Zone) on 80 acres, located at the southeast corner of South Allen
Road (future) and Pensinger Road. Applicant: Mcintosh and Associates, representing
Centex Homes, Inc., the property owner (ZC 05-0943). (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on November 16, 2005.
This zone change would permit the development of residential uses on 80 acres. The project site
is located within the City limits. The majority of the site is in agricultural use with adjacent
properties to the north, south, and east designated single-family residential. Conditions of approval
and mitigation measures which address air quality, transportation, hazardous materials, and
cultural resources impacts are included as part of project approval. The Planning Commission
conducted a public hearing on this zone change and recommended approval to the City Council on
September 15, 2005.
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 August
17, 2005, in accordance with CEOA.
PH:djl
admin\2005\Dec\ 12-14-0943.200
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: I;;J.. O·
APPROVED
DEPARTMENT HEAD ~ /
CITY ATTORNEY ~
CITY MANAGER k
SUBJECT: An ordinance approving an amendment to Title 17 of the Bakersfield Municipal Code and
changing Zoning Map No. 123-29 and 123-32 by changing the zoning from A (Agriculture)
to an R-1 (One Family Dwelling) zone on 110 acres, located north and south of McCutchen
Road, east and west of Progress Road. Applicant/Owner: Global Investment &
Development, LLC, c/o Aaron Rivani. (ZC 04-1012) (Wards 5 and 6 upon annexation)
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
DATE:
November 18. 2005
RECOMMENDATION:
Staff recommends adopting the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on November 16, 2005.
This Zone Change would permit the development of single family development on 110 acres.
The proposal provides for a logical extension of development in southwest Bakersfield. The
general area north of the site, north of Panama Lane, has been developed with Silver Creek,
Gosford Village and other residential developments. Immediately across McCutchen Road is the
recently approved "Gosford Panama" project with 300 acres of residential and commercial
development.
The Planning Commission conducted a public hearing on the case and recommended approval to
the City Council on October 6, 2005. There were issues raised throughout the EIR process
related to the two industrial property owners adjacent to the project site (south of McCutchen
Road between Progress Road and Gosford 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 block wall between the development and the
industrial uses along the south side of McCutchen Road. Also, the applicant and the industrial
property owners have come to an agreement to add additional conditions to the project which will
alleviate the concerns from the industrial property owners.
ADMINISTRATIVE REPORT
Page 2
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 Environmental Impact
Report (EIR) was required for the project. The Planning Commission and Staff conducted several
hearings on the EIR including a public scoping meeting on April 7, 2005, an adequacy hearing to
receive comments on the Draft EIR on July 21, 2005, and a hearing on the EIR on October 6,
2005. The EIR was recommended for adoption and certification by the Planning Commission on
October 6, 2005.
MO
Admin\12-14-1012.2nd
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: I;;l...a .
,
TO:
FROM:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD W-
December 1, 2005 CITY ATTORNEY t]¡;4
CITY MANAGER He
/
DATE:
SUBJECT: An Ordinance amending Title 17 of the Municipal Code by prezoning the project area to R-
1/PUD (One Family Dwelling/Planned Unit Development) on 1,630.34 acres, to R-2/PUD
(Limited Multiple-Family Dwelling/Planned Unit Development) on 109.53 acres, to C-1
(Neighborhood Commercial) on 9.66 acres, to C-2 (Regional Commercial) on 22.09 acres,
and to C-2/PCD (Regional Commercial/Planned Commercial Development) on 61.38 a;res;
and approving a Development Agreement, generally located within the area bounded by
Panama Lane to the north, Old River Road to the east, South Allen Road (unimproved) to
the west, and Taft Highway (State Route 119) to the south. Applicant: PB Ventures LLC,
the property owner (ZC 03-1528) (Ward 5/6)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council approved the first reading of this Ordinance on November 16, 2005.
This prezoning would permit the development of 1 ,833-acre site. Old River Ranch project area is
located on the edge of new development in the southwest sector of the City. The proposal would
accommodate the development of a new master planned community featuring a balance of
residential, retail, employment, recreation, and public facilities. A mixed-use Village Center is
proposed as the focal point of the new community, linked to residential neighborhoods by a system
of multi-purpose trails and local streets. The proposal consists of approximately 6,000 single-
family and 1,000 multi-family residential units and approximately 900,000 square feet of retail and
office development. The proposal features a variety of residential densities, with trails, retail
facilities, schools, and parks to encourage a more walkable community. The project includes a
development agreement. The agreement provides assurances to the applicant that the project can
be built out under the rules and development standards in effect at this time, subdivision map life is
extended to coincide with the development agreement, the property is protected from any future
moratoriums, infrastructure capacity is guaranteed and parity between agreements exists. The
agreement benefits the city because the developer will: pay additional park development fees for
acquisition and/or development of a regional park, additional fees for police and fire equipment and
apparatus, and support the establishment of a Community Facilities District to provide financing,
operation and maintenance of public facilities and services to support the project.
ADMINISTRATIVE REPORT
Page 2
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 March 31, 2005, an adequacy hearing to receive
comments on the Draft EIR on August 18, 2005, and a hearing on the Final EIR on October 6,
2005. The Final EIR was recommended for certification by the Planning Commission on October
6, 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.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on October 6, 2005.
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, air quality (odor only), and transportation/traffic impacts would remain
significant. Staff and the Planning Commission recommend certification of the Final EIR and
accompanying mitigation monitoring and reporting program 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\2005\Dec\ 12-14-1528.2nd
---~._-_._---
-
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: \:2. Q .
LJ
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD W"
November 18, 2005 CITY ATTORNEY ;9'(rL4
CITY MANAGER /1-( ./
SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 126-05 from A (Agriculture) to C-1/PCD (Neighborhood
Commercial/Planned Commercial Development) on 28 acres and M-1 (Light Manufacturing)
zones on 15 acres located south of McCutchen Road, east of Ashe Road. Applicant:
SmithTech/USA Inc., representing Thomas Mitchell Ashe, (ZC 04-1765) (Ward 6 upon
annexation)
TO:
FROM:
DATE:
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on November 16, 2005.
This Zone Change would permit the development of commercial and industrial uses on the 43
acres. The general area is transitioning from agricultural to typical urban development. The
Planning Commission conducted public hearing(s) on this Zone Change and recommended City
Council approval on September 15, 2005. No one was in opposition to the request and the
applicant agreed to all conditions and mitigation for the project. There were no agencies in
opposition to the request. Because of the nearby sewer treatment plant (less than Y. mile), no odor
sensitive uses are permitted. Both commercial and industrial uses are appropriate within Y. mile of
the sewer treatment plant.
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 August
22, 2005, in accordance with CEQA.
MO
Admin\12-14-1765.2nd
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: I';¡.r.
APPROVED
DEPARTMENT HEAD ~
-
CITY ATTORNEV/JJH4
CITY MANAGER CA(
SUBJECT: A Resolution of Application proposing proceedings for annexation of inhabited territory
to the City of Bakersfield property identified as Annexation No. 502 located at the
southeast corner of Panama Lane and Buena Vista Road. (Ward 5).
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
November 18, 2005
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield. The proposed annexation is identified as Annexation No. 502 which contains
45.69 acres of land. The annexation territory is adjacent to the City limits and within the City's
Sphere of Influence boundary.
The property owner of has consented to the annexation. The proposal is to annex the land and
develop and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kern. This type of annexation is specifically covered under b. 7. of the agreement
"Annexation of Uninhabited Land and Residential Development"
MO:pjt
S:lAnnexationlRes of AppliclAdmin Draft 12-14- 502 Ann.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: la.s.
TO:
FROM:
Honorable Mayor and City Council
DATE:
November 29. 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
'V?
4;,
I
Alan Tandy, City Manager
SUBJECT: Resolution requesting the California State Legislature and Governor continue the transfer of
Proposition 42 funds to transportation programs in the 2006/07 budget and every year
thereafter and to enact legislation to increase flexibility among transportation programs to
more easily match deliverable projects with available funds.
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The City Council adopted a resolution on January 23, 2002 in support of Proposition 42, which was based
on the principle that taxes paid at the gas pump should be used for transportation purposes.
Proposition 42 was placed on the California Ballot in March, 2002 and was approved by 69% of the
California voters. However, since then, more than $2 billion in State transportation funding has been
diverted from transportation projects statewide, due to '1iscal emergences" declared in FY 2002/03, FY
2003/04, and FY 2004/05.
The City Council adopted a subsequent resolution on January 12, 2005 to request protection of
Proposition 42 state transportation funding in the 2005/06 state budget.
The transfer of gasoline sales tax funds under Proposition 42 to transportation programs in FY 2005/06
resulted in some relief for city and county road maintenance and allowed resumption of minimal capital
improvement projects through the State Transportation Improvement Program (STIP). For the next five
years, 100% of the state funding for new projects in the STIP is to be derived from three sources:
Proposition 42, the gasoline sales tax spillover, and the gaming bonds proposed to repay past loans from
transportation funds. However, any or all of those three sources may be threatened, due to pending
budget decisions that may be reopened annually.
Vice-Mayor Couch has requested the attached resolution be placed on the agenda for approval by the City
Council, urging the State Legislature and the Governor to:
1. Continue the transfer of Proposition 42 funds to transportation programs in the 2006/07 budget,
and every year thereafter;
November 30. 2005. 2:24PM
Proposition 42 Protection
ADMINISTRATIVE REPORT
2. Enact legislation to increase flexibility among transportation programs to make it easier to
match deliverable projects with available funds, and;
3. Convene representatives from the Administration, Legislature, regional agencies, cities and
counties, and transit operators to examine expeditiously what to do about the near and long
term transportation funding crisis.
November 30. 2005. 2:24PM
Proposition 42 Protection
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1J..t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 19, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ;/}ú
SUBJECT: Assessment District No. 05-2 (Montaire/Paladino Hills): (Ward 3)
1. Resolution accepting petition and determining to undertake special assessment
proceedings.
2. Resolution approving boundary map
3. Resolution of Intention No. 1424.
4. Agreement with Wilson & Associates ($72,000.00) for assessment engineering
services.
5. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, ($60,000.00) for legal
services.
6. Agreement with Pillsbury Winthrop, Disclosure Counsel, ($39,000.00) for legal
services.
RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this
proposed assessment district.
The proposed district has two distinct sub areas as follows:
1. Montaire: This sub area is located south and east of Masterson Street, north of Paladino Drive, west
of Alfred Harrell Highway and is planned for new residential development. It is proposed that the
improvements for this sub area will be constructed by the developer (S & S Homes), with acquisition of
the improvements upon completion. The improvements include roadway, sewer, storm drain, utilities
and water distribution for Tract 6638.
2. Paladino Hills: This sub area is located south of Paladino Drive, west of Alfred Harrell Highway, east of
Grand Canyon Drive and is planned for new residential development. It is proposed that the
improvements for this sub area will be constructed by the developer (Paladino Hills, LLC), with
acquisition of the improvements upon completion. The improvements include construction of road
improvements for a portion of Grand Canyon Drive and Alfred Harrell Hwy which includes a 60" storm
PW:jas
November 30, 2005, 10:59AM
G:\GROUPDA T\ADMINRPT\2005\ 12-14\AD05-2roi.doc
ADMINISTRATIVE REPORT
drain and power pole relocation for Tract 6137.
The primary motive for combining two sub areas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the property owners.
It is intended to provide financing for all improvements in a single bond issue.
Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
PW:jas
November 30. 2005. 1 0:59AM
G:\GROUPDA T\ADMINRPT\2005\ 12-14\ADOS-2roidoc
.
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1J..u,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 28, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~VED
1/&
ffc/
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreement with McMillin Albany, LLC, for Tract 6169 Unit 6,
located north of Panama Lane and east of Old River Road. (Ward 5)
(2) Final Map and Improvement Agreements with Tuscany/Parcel 14 DBA Siena Homes, Inc.,
for Tract 6347 Phase 1, located west of Alfred Harrell Highway and north of State Route
178. (Ward 3)
(3) Final Map and Improvement Agreement with Firm Foundation Ventures, Inc., for Tract 6413
Phase 1, located west of South Union Avenue and north of Linnell Way. (Ward 1)
(4) Final Map and Improvement Agreement with Pulte Home Corporation for Tract 6149 Phase
6, located south of State Route 178 and west of Miramonte Drive. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
-
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
November 29. 2005, 8:12AM
G:\GROUPDAT\ADMINRPT\2005\12-14\MAP AND IMPROVEMENT AGR.dot
,
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: I,). v'.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD D~;'+
FROM:
Dianne Hoover
Recreation and Parks Director
CITY MANAGER
Ø/Jl4-
fJø
,
DATE:
December 1. 2005
CITY ATTORNEY
SUBJECT:
Park at Miramonte Drive and Park Place Drive. (Ward 3)
1. Agreement with Pulte Home Corporation, a Michigan Corporation, for Dedication of the
3.61 acre Solara Park and $361,026 for the Development of Solara Park.
2. Appropriate $361,026 Park Improvement Fund Balance.
RECOMMENDATION: Staff recommends approval of the agreement and authorization of the
appropriation.
BACKGROUND: On May 14, 2003, the Planning Commission approved Vesting Tentative Tract No. 6149
located on State Route 178 and Miramonte Drive. The Tract approval required the subdivider, Pulte, to
dedicate to the city and develop 3.61 net acres of park land, located at the southwest corner of Miramonte
Drive and Park Place Drive.
The requirement to develop the park is traditionally covered by the payment of park development fees
under the Municipal Code. Such fees are paid upon issuance of a building permit on a per lot basis. The
park is not built until sufficient funds are collected.
In this case, however, Pulte and the City desire to have the park built ahead of schedule. Pulte has
therefore agreed to build the park and, upon completion, dedicate the park to the City. In return, the City
will reimburse Pulte all park development fees collected at the time of completion of the park.
Improvements will include amenities such as a child's playground, horse shoe courts, picnic facilities, and
turf and trees surrounded by a meandering sidewalk.
December 1, 2005, 1 :25PM
P:\Solaraadmindoc.doc
ADMINSTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calender
ITEM: 1;1. w.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD--4ê]
CITY ATTORNEY~fI1S
CITY MANAGE~~
FROM:
Nelson K. Smith, Finance Director
DATE:
December 2, 2005
SUBJECT: Agreement with Kern Building Materials to lease City owned real property located at
7800 Brimhall Road. 0/Vard 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield has been acquiring properties for the Westside Parkway project. The City
acquired several properties located near the intersection of Coffee Road and Brimhall Road from
Caltrans who had previously acquired these properties for the Parkway project. Prior to transferring the
properties to the City Caltrans leased one of them to the individuals that operate Las Palmas Nursery.
This was done to prevent illegal dumping and provide land maintenance while the properties are being
held for construction.
Subsequent to the City's acquisition, Kern Building Materials has expressed interest in leasing the
adjoining property to store sand for building materials. The property is located east of Las Palmas
Nursery, north of Brimhall Rd, commonly known as assessors parcel number 368-040-20 and comprises
approximately 1.60 acres of vacant land. Attached is a map of the area and referred as exhibit "A".
Consistent with the Las Palmas lease the agreement will be for a month to month tenancy, meaning that
the City can cancel the lease with a thirty day notice. The leases are structured this way to provide the
City flexibility in the construction of the Westside Parkway. Also, Kern Building Materials wili be required
to install all the improvements, I.e. ramp and fence, necessary to conduct his business as if it were a
permanent operation. However, since the City will ultimately need the property restored to its original
condition to construct the Westside Parkway, Kern Building Materials will be required to provide a $2,000
deposit to ensure that improvements are removed. The rent is Five Hundred Dollars ($500) per month
and is based on the rent structure established by Caltrans on the adjoining property and reflects the
uncertainty of the lease duration. Ultimately, the goal of leasing the property is to free the City from
maintenance expenses and provide security against illegal dumping.
enb
'2/2/2005
wattenbarger admin.DOC
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: l,).)C.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
OVED
November 30, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER If(/
I
SUBJECT: Consultant Agreement with Krazan & Associates, Inc. ($248,921.25) to provide materials
testing services for two years (All Wards).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: As part of the construction inspection of the City's Capital Improvement Program
projects, various materials used in that construction must be tested for compliance with the projects'
specifications. The City does not have the staff or the equipment necessary to perform those tests or
analyses. Therefore, the City has entered into agreements with local testing laboratories for providing the
required services.
Staff requested Statements of Qualification and Proposals (SOQ&P) from six local material testing firms.
Two of those firms (BSK & Associates and Krazan & Associates) submitted their SOQ&P's to the City by
November 21, 2005. Staff then reviewed those statements of qualifications and fee proposals. As a result
of that review, the staff selection committee ranked the firms based on a combination of qualifications first
and estimated fee second.
Staff recommends award of this agreement to Krazan & Associates, Inc. based on the combination of their
qualifications and fee rates being the most beneficial for the City. The fee rates submitted with the
SOQ&P's were used only as a basis of comparison since actual cost to the City will be based on the
number and type of tests required. .
Funding for this agreement will be paid for through the actual projects that are currently budgeted. No
additional appropriations are anticipated.
November 30. 2005, 11 :15AM
G:\GROUPDA T\ADMINRP"Tì2005\ 12-14\Soils On-call.do1
-
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: \.;l.(.,{.
u
TO:
Honorable Mayor and City Council
ÆROVED
DEPARTMENT HEAD --
CITY ATTORNEY ¡éJJJlxJ
FROM:
Raul M. Rojas, Public Works Director
DATE:
December 1, 2005
CITY MANAGER
~
SUBJECT: Consultant Agreements with Mcintosh & Associates ($300,000) and Quad Knopf
($300,000) to provide "on-call" construction inspection services for Capital
Improvement Program and Development projects. (All Wards)
RECOMMENDATION: Staff recommends approval of agreements.
BACKGROUND: To expedite the delivery of the Capital Improvement Program (CIP) and to
supplement the increased demand for inspections related to development and subdivisions, staff
implemented an "on-call" inspection program in 1996. This program augments current Construction
Division staff by providing contract inspection services as needed for various City inspection
demands. The program has proven to be very effective in maintaining staffing to provide timely
response of the City's inspection responsibilities. These agreements will allow these programs to
continue and are for construction inspection services for calendar years 2006 and 2007.
In November, 2005 staff sent a Request for Proposals to local engineering firms. On November 28,
two firms submitted responses: Mcintosh and Associates and Quad Knopf, Inc.
After reviewing the submitted Statements of Qualifications and fee proposals, and based primarily on
qualification scores of individual inspectors and secondarily on hourly rates, staff recommends
approval of agreements with both firms as being the most favorable to the City. Both Mcintosh and
Quad Knopf will provide two inspectors:
Mcintosh and Associates
Quad Knopf, Inc.
Since specific project assignments are not predetermined, the potential compensation amount for
each inspector is set at a not-to-exceed aggregate total of $150,000. Inspectors will be assigned to
projects based on their experience and expertise.
No appropriations are necessary since these agreements will be funded by either budgeted capital
improvement projects or by inspection fees collected from developers.
Stuart@Construction
November 30, 2005. 3:57PM
G:IGROU PDA lìConstructionIOnCall-2006-2007lAdMin Reportlnspec 2006-07.doc
.
ADMINISTRATIVE REPORT
MEETING DATE: December 14,2005
AGENDA SECTION: Consent Calendar
ITEM: I~. 2..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~VED
iJJJtI
f!r/
December 1, 2005
SUBJECT: Consultant's Agreement with Strategic Design Services, LLC ($28,410) for Design Services
for Security and Access Control Systems at Police Department Facilities (Wards 1 and 4)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The project will install a security and access control system at the Police Department
Headquarters, 1601 Truxtun Avenue, and at the West Area Substation, 1301 Buena Vista Road. This
system will control vehicular access to the sites as well as pedestrian access into and within the buildings.
This project is being funded through the State Law Enforcement Services Funding (S.L.E.S.F.) grant
awarded in FY2004-05. A public hearing was held at the City Council meeting on September 22, 2004
where the spending plan for this grant was approved and the grant dollars appropriated ir.to the Police
Budget. The spending plan included $120,000 for the PD Building Security Project. The grant terms, as
set forth in AB 172, state that all funds received from the S.L.E.S.F. grant shall be encumbered no later
than June 30th of the fiscal year following the award of the grant (June 30, 2006). Any SLESF monies left
unencumbered at the end of the grant term must be returned to the State Controller.
In September 2005, staff began the Qualification Based Selection (QBS) process to select a consultant to
design the project and prepare the associated construction documents. A Request for Qualifications
(RFQ) was provided to interested firms. On October 14, 2005, the City received Statements of
Qualifications (SOQ's) from the following three firms: Catalyst Consulting Group (Napa, CA); Strategic
Design Services (portland, CT); and Trans Tech Systems (Irvine, CA). The Selection Committee for
reviewing the SOQ's consisted of City staff from the Police Department; Information Technology; and
Public Works Department. Since only three SOQ's were received, the Selection Committee elected to
invite all three firms to the interview. On November 16, 2005 and November 17, 2005, those interviews
were conducted. At the interviews, each firm demonstrated their qualifications and proposed performance
on the project and submitted their fee proposal to do the work. The Selection Committee rated and ranked
each of the firms. The Selection Committee then also reviewed the cost proposals that were submitted by
the firms:
Strategic Design Services $28,410
Trans Tech Systems $33,676
Catalyst Consulting Group $46,440
The Selection Committee found the firm of Strategic Design Services, LLC to have the combination of
qualifications and fee proposal which is most favorable for the City. Therefore, staff recommends that the
City enter into a contract with Strategic Design Services, LLC for design services on the project.
PW J Design Engr I ADR
Project Number Q5K101
December 8. 2005. 10:43AM
G:\GROUPDA T\ADMINRPT\2005\ 12-14\Security System Consultant.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 14,2005
AGENDA SECTION: Consent Calendar
ITEM: 1;;1.0.0-.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD .A/5
CITY ATTORNEY1)v {{sr¿ Vb
CITY MANAGER /l&
FROM:
DATE:
Nelson Smith, Finance Director
December 1, 2005
SUBJECT: Amendment NO.1 to Agreement No. 05-100 with Jim Aliter Cement Contractor for Canal
Liner Repair adding $125,000 additional funds for a revised not to exceed contract amount
of $345,000.
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: On March 9, 2005, Council awarded the annual contract for Canal Liner Repair to Jim
Aliter Cement Contractor. The contract expires on March 8, 2006 and will be re-bid at that time as the
contractor has indicated that he cannot hold his bid pricing for an additional year. However, additional
funds must be added to the agreement to continue service through the end of the contract period.
Purchasing Division
DW
S:\PURCH\ADMIN\Amendment to Jim Alfier Cement Contractor Agreement No. 05-100 for Canal Liner Repair, December 14, 2005.doc
December 6. 2005, 8:52AM
,
ADMINISTRATIVE REPORT
MEETING DATE: November 29,2005
AGENDA SECTION: Consent Calendar
ITEM: I';¡. bb.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ;?t;-
CITY ATTORNEY ¡;Jrr¡4-
CITY MANAGER f4t...
Development Services - Planning
DATE:
November 29, 2005
SUBJECT: Off Highway Motor Vehicle Recreation Project:
1. Amendment No 1 to Agreement 04-102 with the State of California Department of Parks
and Recreation to extend the term of the agreement until December 31, 2006 and increase
the amount of the grant by $10,668.
2. Appropriate $10,668 State Grant Funds to the Off Highway Vehicle Park Capital
Improvement Budget within the Recreation Facilities Fund.
RECOMMENDATION:
Staff recommends amending the agreement and appropriating the funds.
BACKGROUND:
On April 14, 2004 the City Council adopted a resolution to receive $500,000 in state funds for
preliminary work necessary to site a new off highway vehicle park. These funds are from two state
sources and with different periods of funding. Funds of $98,000 are from the Off Highway Motor
Vehicle Recreation Division with an expiration date of September 30, 2006 and $402,000 is from
the Department of Parks and Recreation with an expiration date of December 31, 2005.
This amendment to the agreement extends the $402,000 grant from the Department of Parks and
Recreation to December 31, 2006 and also increases the grant by $10,668 to $412,668 for survey
work associated with park planning.
MAD
Admin\12-14ohv
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: l.;t.cc...
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
DATE:
December 7,2005
CITY ATTORNEY
CITY MANAGER
;t;¡;
&
SUBJECT: Environmental Impact Report (EIR) Preparation for GPA/ZC 04-1746/Ashe No. 3
Annexation, located north and south of Taft Highway (State Route 119) between Ashe
Road on the west and future Mountain Ridge Road on the east. (Ward 6)
1. Amendment NO.1 to Agreement No. 05-120 with MICHAEL BRANDMAN & ASSOCIATES in the
amount of $10,640.00 to prepare an Environmental Impact Report for General Plan
Amendment/Zone Change No. 04-1746/Ashe NO.3 Annexation.
2. Appropriate $10,640.00 developer's contribution to the development fund for the Development
Services operating budget.
RECOMMENDATION:
Staff recommends approval of the amendment to the agreement and appropriation.
BACKGROUND:
General Plan Amendment/Zone Change (GPA/ZC) No. 04-1746/Ashe NO.3 Annexation is a proposed
186.66-acre single-family residential development area located north and south of Taft Highway (State
Route 119) between Ashe Road on the west and future Mountain Ridge Road on the east that is proposed
to be annexed into the City of Bakersfield. Staff is currently processing an Environmental Impact Report
(EIR) for the project.
During the preparation of the draft EIR, the need arose for additional evaluation and coordination above
and beyond the scope of work specified in the executed contract. This additional work was necessary in
order to adequately address potential hazardous materials, traffic, noise, and air quality impacts of the
project. A budget and scope augment request from Michael Brandman & Associates containing a detailed
breakdown of the additional work and associated staff time expended has been provided to the
Development Services Department. The amount of $10,640.00 is to be paid to the EIR consultant, Michael
Brandman & Associates.
The original contract (Agreement No. 05-120) with Michael Brandman & Associates on March 30, 2005,
and the City was for $111,825.00, to prepare the EIR. With this amendment the total amount for the
contractor to prepare the EIR is $122,465.00.
PH
AdminIDecI12-14-1746
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: tonsen+ w.lendar
ITEM: IJ. dd.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ;r;:;;¡-
CITY ATTORNEY ~s.
FROM:
Donna L. Kunz, Economic Development Director
DATE:
December 5, 2005
CITY MANAGER
nr/
SUBJECT: Old-Town Kern - Mixed Use Project:
1. Amendment #2 to Agreement No. RA04-005/04-097 for Agency Authorization to Use
Community Development Block Grant Funds for the Old Town Kern - Mixed Use Project.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In September, 2003, the Agency agreed to receive Federal Section 108 and Brownfields Economic
Development funds for the Baker Street Mixed Use Project. In December, 2003, an administrative
agreement between the City of Bakersfield and the Bakersfield Redevelopment Agency was executed to
grant the agency the authority to expend Community Development Block Grant Funds for the acquisition
of property, relocation of tenants and for the demolition of structures on the acquired properties to enable
the agency to complete the project. In February, 2005 the Agreement was amended to increase the
authorized amount to $616,334.
The proposed amendment to the agreement increases the authorized amount to $895,350. All other
terms of the original agreement remain in full force and effect. These funds have been previously
approved by the City Council and the U.S. Department of Housing and Urban Development for this
purpose.
The Bakersfield Redevelopment Agency approved the agreement on November 28, 2005.
S:\AdminsICity CouncillCDBG OTK Mixed Use Amend 2 04-097.doc
12/5/20052:37 PM
--,._~.~
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: I J . e..e..
TO:
Honorable Mayor and City Council
APPROVED
DATE:
November 30, 2005
CITY ATTORNEY
CITY MANAGER
;;h4
.
f;.f/
/
FROM:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
SUBJECT: Accept bid to award the Annual Contract for Woodwaste and Greenwaste Grinding
Services to Bradco Industrial Corporation (dba Bradco Environmental), Crestline, in the not
to exceed budgeted amount of $150,000.00. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to nineteen (19) contractors for the annual contract for
providing woodwaste and greenwaste grinding services for the Woodwaste Recycling Facility. Bradco
Industrial Corporation, dba Bradco Environmental, Crestline, submitted the sole bid.
Staff finds the bid to be acceptable and recommends award of the bid to Bradco Industrial Corporation,
(dba Bradco) Environmental, Crestiine.
Purchasing Division
DW
S:\PURCH\ADMIN\AC Woodwaste Grinding, December 14, 2005.doc
Created on 11/30/20052:13:00 PM
--'-.-..- ."---
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: I~. ff.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ,/1/.5
CITY ATTORNEY ØJ;4
CITY MANAGER ~
,
December 1, 2005
SUBJECT: Accept bid to award the Annual Contract for HUD CDBG Street Materials to Granite
Construction, Bakersfield, in the not to exceed budgeted amount of $750,000.00.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to eleven (11) contractors for the Annual Contract for HUD
CDBG Street Materials. Granite Construction Company, Bakersfield, submitted the sole bid.
Staff finds the bid to be acceptable and recommends award of the bid to Granite Construction Company,
Bakersfield.
Purchasing Division
OW
S:\PURCH\ADMIN\AC HUD CDBG Street Materials, December 14, 2Q05.doc
Created on 12/1/200511:28:00AM
- .-----_. ""-"-
.
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: Id.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 30, 2005
SUBJECT: Accept bid from Jeskell, Inc., Sunnyvale, in the amount of $156,795.63 for providing a
Storage Area Network.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to Bid were sent to fourteen (14) suppliers for providing a Storage Area
Network for the Information Technology Division. A Storage Area Network consists of disc storage which
is available to any computer on the City's network. The Storage Area Network will replace existing
equipment which does not have adequate disc capacity.
Jeskell, Inc., Sunnyvale, submitted the sole bid. Staff finds the bid to be acceptable and recommends
award of the bid for providing a Storage Area Network to Jeskell, Inc., Sunnyvale. Funds for the purchase
of the Storage Area Network are budgeted in the Fiscal year 05/06 budget.
Purchasing Division
DW
S:\PURCH\ADMIN\Storage Area Network, December 14, 2005.doc
November 30. 2005, 3:57PM
.
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1.;1. hh.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
December 1, 2005
SUBJECT: Accept bids for Pickup Trucks from: Jim Burke Ford, Bakersfield ($195,891.59); Raceway
Ford, Riverside ($74,173.03); and Three-Way Chevrolet, Bakersfield ($22,406.73). Total
$292,471.36.
RECOMMENDATION: Staff recommends acceptance of bids.
BACKGROUND: Invitations to bid were sent to thirty-six (36) vendors for providing eighteen (18) pickup
trucks, eight (8) of which are replacement vehicles. Eight (8) bids were received in response to the
solicitation. An abstract of the bids is attached.
In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the
bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split
as follows:
--.......-.----.-..-.-.. -_._-.._._---_.._.._.._.._._----_..--_._._~-_.__..__._~------------_.~----------_._--_._------_..-
I NUMBER OF 'I TOTAL I
.____.._~~DDER __..___-.1 .__Y.EHICLES....J _.. AMOUNT _ _ ADDITIONAL OR REPLACEMENT _,
¡ I I Eight (8) Replacement for Vehicles I
Jim Burke Ford i I I 4206,4850.4851.4852,4853,4892. 4964 I
I. Bakersfield _.J 13 I $195891.60 Five (5) Additional J
1 ~~~~~~~ FO~~__.__~ 4 .._.J_E~!_17303J_£our(5)Additional
I I
Three-Way Chevrolet Ii;
'§§'.k.ersfie.I.<L... ..._.___._____j .._.J__.__J __t.1.2ð.O.§73 J_()l'.~J1L¿>'..cJditional.
,
I
,
TOTAL!
._-------------"
,
,
:
I
...-------..-1
18
1 Eight (8) Replacement Vehicles i
_$2!1~,47'!-.36 J:r:en (1.())Add itio-,,_al V ehicle~ ___ .. _.__._1
The additional ten vehicles requested will be used by Wastewater Treatment Plant 3, (1), Recreation and
Parks (6), Streets (1), Solid Waste (1), Engineering (1).
Purchasing Division
DW
S:\PURCH\ADMIN\Pickup Trucks, December 14, 200S.doc
December 1. 2005, 1 0:02AM
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1.;1..",-.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
#5
~
fV:/
v
December 1, 2005
SUBJECT: Extend bid from The Trailer Company, $38,872.76 for one (1) Walking Floor Dump Truck
Body for the City's Compost and Recycling Facility.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: At the Council meeting of January 12, 2005, The Trailer Company was awarded the bid
for the purchase of one (1) walking floor dump truck body for the City's Compost and Recycling Facility.
The specifications included a provision whereby, with the written approval of both the bidder and the City,
the City may purchase additional units at the same per unit cost within one year after acceptance of the
original bid. The Trailer Company has indicated their approval of extending the same per unit cost for this
purchase.
The equipment is budgeted in the FY 2005-2006 budget and approximately 30% of the cost will be paid by
the County.
Purchasing Division
DW
S:\PURCH\ADMINIWalking Floor Dump Truck Body, Extension of Bid, December 14, 2005.doc
December 1, 2005
ADMINISTRATIVE REPORT
MEETING DATE: December 14,2005
AGENDA SECTION: Consent Calendar
ITEM: 1J...i,'.
~
TO:
Honorable Mayor and City Council
Raul M. Rojas, public Works Director
November 30, 2005
APPROVED
CITY ATTORNEY
FROM:
DATE:
DEPARTMENT HEAD
CITY MANAGER
I<
'M
,
SUBJECT: Appropriate $2,400 Transportation Development Act Article 3 Grant for bicycle storage
lockers at the Ice Sports Center and McMurtrey Aquatic Center to the Capital Improvement
Budget within the Bikeway and Pedestrian Pathway Fund (Ward 2).
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: Kern Council of Governments requested member organizations to submit grant
applications for Transportation Development Act-Article 3, Bicycle and Pedestrian Facilities, in July 2005,
Public Works submitted an application for bicycle storage lockers at Bakersfield Ice Sports and McMurtrey
Aquatic Center. On September 16, 2005, the City was notified that the grant request was approved as
follows:
Furnish and install bicycle storage lockers at Bakersfield Ice Sports Center and McMurtrey Aquatic
Center for use of employees in the amount of $2,400.
Upon receipt of materials for this project, Kern COG will issue payment to the City of Bakersfield for the
amount of the award.
These storage lockers are anticipated to cost $2,800. This $2,400 grant and an additional $400 from the
Public Works Operating Budget will provide funding necessary to purchase and install lockers for four
bikes. Combined with the lockers purchased last year using this same grant, there will be a total of six
secure lockers for employee's bikes.
PWÆNGRlwgm
November 30.2005. 2:15PM
G:\GROUPDAT\ADMINRP1i2005\12-14\TDA Article 3 Bicycle Storage Lockers.dot
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: I,;).. K.1é.
TO:
Honorable Mayor and City Council
December 2, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
1/l4.
~
fh
FROM:
DATE:
William R. Rector, Chief of Police
DEPARTMENT HEAD
SUBJECT: Appropriate $7,860.00 Federal Grant Revenues (L.L.E.B.G.) to the Police Department
Operating Budget within the General Fund toward the cost of Mobile Data Computers.
RECOMMENDATION:
Staff recommends approval of the appropriation of funds.
BACKGROUND:
On November 26, 2003 the Bakersfield Police Department received a grant award check in the amount of
$134,276.00 from the Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G.). The grant
award was appropriated in the FY 2003-04 Police Operating Budget. In accordance with the rules of the
grant, interest is earned on the balance of funds held by the City until the monies are spent. The grant
also requires that any money or interest left unspent at the end of a grant period be returned to the Bureau
of Justice Assistance. In order to spend the accumulated interest on grant purchases (which is allowable
under the grant), the interest amount must first be appropriated into the Police Operating Budget.
There is approximately $7,860.00 in accumulated interest related to LLEBG grant #2003 LB-BX-1395.
The Police Department would like to allocate this amount toward the purchase of Mobile Data Computers.
Therefore, we request appropriation to the FY2005-06 Police Operating Budget.
DB
December 2. 2005. 8:49AM
C:\DOCUME-1\dbranson\LOCALS-1\TempIADMIN RPT - LLEBG 0305 INTEREST APPROPRIATION.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: ~.II.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
November 29, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
ilL
14
fttí
SUBJECT: Appropriate and transfer $570,000 additional Vehicle License Fee in Lieu Revenues
within the General Fund to the Capital Improvement budget within the Capital Outlay
Fund for the City of Bakersfield's street preventative maintenance program.
RECOMMENDATION: Staff recommends approval of appropriation and transfer.
BACKGROUND: Currently, there is a large backlog of City residential streets that are in need of
reconstruction.
This budget year our street crews have accelerated their street resurfacing/reconstruction program and
also our street sealing program to tackle this backlog. In addition, staff feels that they can do some
street reconstruction during the winter months of December, January and February. Staff will do a pilot
program during these months and evaluate the results.
The appropriated funds will be used to conduct this pilot program and to purchase the street material
that will be needed for resurfacinglreconstruction projects during this fiscal year. In addition, due to the
rise in the price of oil, we are currently paying approximately $8 more per ton for asphalt concrete then
we were in September, 2005.
Currently, $5.8 million is budgeted for street materials in the current fiscal year. We are monitoring
these expenses on a monthly basis and anticipate a funding shortfall this year end if street crews
continue at their current pace and if resurfacing is done during the winter months. Since there are so
many factors that can impact the expenditures for street materials, staff recommends only partially
funding the anticipated shortfall in the amount of $570,000. In the Spring, firmer numbers will be
available since we will have 9 months of actual costs. At that time, staff will come back to Council with
a recommendation if needed.
December 6, 2005. 9:43AM PW Streets
G:\GRUPDA MTREETSIAPPRÕPRIA TE FUNDS\$1.000.000
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ. m 1Y\ .
TO:
Honorable Mayor and City Council
APPROVED
DATE:
December 2, 2005
CITY ATTORNEY
CITY MANAGER
fJL-1f
¡eìM
r/Iû
FROM:
Dianne Hoover
Recreation and Parks Director
DEPARTMENT HEAD
SUBJECT: Appropriate and transfer $32,000 General Fund balance, provided by the California
Integrated Waste Management Board Curbside Oil Program, to the Recreation and Parks
Capital Improvement Budget for the purchase and installation of (4) shade structures at
various parks. (Wards 1, 2, 5 & 7).
RECOMMENDATION:
Staff recommends approval of the appropriation and transfer.
BACKGROUND:
The city has been awarded a $32,000 grant from the California Integrated Waste Management Board
under the Curbside Oil Program to advertise the program. In cooperation with the Recreation and Parks
Department, a total of four shade structures will be acquired and installed, one each, at Dr. Martin Luther
King, Jr. wet playground, McMurtrey Aquatics Center pool, Planz Park group picnic area, and Silver Creek
Park pool. The shade structures will both enhance the park experience for users as well as include
embroidered logos on the cloth material in both English and Spanish to advertise the program.
Dr. Martin Luther King, Jr. Park is located at East California Avenue and South Owens Street.
The McMurtrey Aquatics Center is located at 13th Street and "0" Street.
Planz Park is located at Planz Road and South "H" Street.
Silver Creek Park is located at Harris Road and Reliance Drive.
December 7,2005, 1 :59PM:rlj
P:\Shelters Admin 12~14-05.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1;;1.nn.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD #5
CITY ATTORNEY {})r¡¡J
CITY MANAGER ,I/--V"
Nelson K. Smith, Finance Director
December 1, 2005
SUBJECT: Pacific Bell's request for an easement at 8600 Hageman Road to install an above ground
telecommunication cabinet. (Ward 4)
RECOMMENDATION: Staff recommends approval of easement.
BACKGROUND: Pacific Bell has requested the City grant them a twenty by twenty foot wide easement in
a City water well site to install an above ground telecommunication cabinet. The proposed easement has
been reviewed and approved by Property Management, Water Resources and the City Attorney's Office.
Pacific Bell will be paying an administrative fee of $5,000.00 for this easement. Also, Pacific Bell is
required to relocate its' facilities, at its' cost, if requested to do so by the City.
December 1, 2005. 2:25PM
P:IMyFiles\Admin ReportslSBC 8600 Hageman.doc
DMAls
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ. 00.
TO:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
December 2, 2005
CITY ATTORNEY
CITY MANAGER
fJr/
FROM:
SUBJECT: Request for New Position - Public Works Department:
1. Approve additional Accountant I position for the Public Works Department, Subdivisions
Section.
2. Appropriate $65,000 additional development fee revenue to the Public Works
Department's operating budget within the Development Services Fund for the new
position.
RECOMMENDATION:
Staff recommends approval of new position and appropriation.
BACKGROUND: The Subdivisions Section has experienced a significant increase in workload
resulting from increased development activity. Although additional plan checkers have been added to
address the turnaround time for review, what has not been addressed is the accounting functions resulting
from the increased development activity. Because of the additional development activity, there have been
some instances where staff has been unable to keep up with the associated accounting duties in a timely
manner. In addition, it has become increasingly difficult to maintain accurate accounting records. For
instance, we have seen an increase in the complexity and number of individual developer agreements
which require accounting analysis and monitoring. A few examples of this include ensuring that the
appropriate fees are charged, that developer reimbursements are done properly, and that dates for the
expiration of vesting rights are accurate and up to date.
A partial list of duties to be assigned to this position include:
· Maintain developer fees within the automated computer system used for the building permit
system. Position would also monitor expiration of vesting rights to make sure the City charges the
developers the right fee at the right time.
· Perform periodic reviews of Subdivision fees that are in the above automated system to make sure
the right fee is being charged.
· Verify all required fees are paid in full prior to staff placing the final map on the council agenda.
· Monitor/review individual subdivision agreements to ensure accounting terms are adhered to.
Maintain database to ensure developers are billed or reimbursed in a timely manner.
· Monitor individual transportation impact fee credit agreements to make sure the credit established
for the cap is not exceeded.
· Prepare periodic financial reports for Public Works Director relating to revenue and expenses.
· Maintain Subdividers' Trust Account which currently has approximately $5 Million in the account.
These funds are to be used for specific projects.
· Assist Civil Engineer IV in Subdivisions with the annual update of the traffic impact fee program.
This is a very time intensive project for which the Civil Engineer IV requires extensive accounting
assistance.
Oecember 2.2005. 10:24AM
G:\GROUPOA T\ADMINRPT\2005\12-14\Subdivisions.doc
ADMINISTRATIVE REPORT
· Maintain a summary of revenue and expenses reported in the Traffic Impact Fee Fund.
The above is only a partial list of the duties to be assigned to this position. The addition of this position
would allow the City to provide timely and accurate information and accountability to the development
community. The Subdivisions Section produces a significant revenue stream that must be monitored on a
timely basis to ensure the City is collecting all appropriate revenue.
This position will be funded through existing developer fees.
Oecember 2.2005. 10:54AM
G:\GROUPDA T\ADMINRPT\2005\12-14\Subdivisions.doc
,
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Consent
ITEM: léX. pp.
,
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEADJ) I ¿.r
CITY ATTORNEY ¡f}J¡¿J
CITY MANAGER ~
Dianne Hoover, Director
Recreation and Parks
DATE:
December 6, 2005
SUBJECT: New Position, Additional Laborer Positions, and Equipment for Recreation and Parks
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 Special
Events Manager.
2. New Job Specification - Special Events Manager
3. Approval of seven Laborers, one Special Events Manager, and equipment
4. Appropriate $170,000 additional vehicle license fee in-lieu revenues to the Recreation
and Parks Operating Budget within the General Fund for the new positions and transfer
$35,000 (of the $170,000) to the Equipment Fund for the purchase of equipment and a
vehicle.
5. Appropriate $110,000 General Fund revenue received per Castle & Cooke agreement
96-81 (1) and revenue from sponsorships/events and park rentals at The Park at River
Walk.
RECOMMENDATION:
Staff recommends adoption of the resolution and approval of the new job specification, the additional
positions, the equipment, and the appropriations.
BACKGROUND:
The unprecedented growth being experienced by the City has produced additional service needs and
priorities for all departments in the city including the Recreation and Parks Department. Many new areas
of street and median landscaping, parks and The Park at River Walk are pushing the maintenance
capacity beyond current staffing levels. The following requests are being proposed to address the most
immediate and pressing needs.
ADMINISTRATIVE REPORT
Special Events Manaaer
This new position's primary focus would be to handle the duties of overseeing The Park at River Walk to
include marketing, gathering sponsorships for events, and managing various rentals. The position would
coordinate the planning and promoting of concerts, special events, large corporate gatherings, weddings,
and other parties that might want to hold their events at The Park at River Walk throughout the year. The
amount of interest generated by the construction of the new park has shown the potential for revenue of
$35,000 in sponsorships/events and $15,000 in park rentals for six months remaining in FY 05-06. This
position would oversee the maintenance of this 32-acre facility as well. The revenue generated by this
position will cover the proposed salary of $46,500 which is 1/2 of the annual salary plus benefits. In future
years, the revenue generating possibilities should exceed the annual salary by large margins.
32-Acre Park - The Park at River Walk - Additional Maintenance Staff & EQuipment
The Park at River Walk will be Bakersfield's largest and most visited park. The Park is located on a major
thoroughfare as well as on the Kern River Parkway and Bike Path. In addition, the Park is situated on
property adjacent to Castle & Cooke's high-end retail development to the southeast. All these factors will
create a tremendous amount of use requiring a higher level of maintenance.
Staff is requesting two (2) additional Laborer positions at midyear to complement the already approved
positions in the 05-06 budget, i.e., (1) Facility Worker and (1) Laborer. These positions are needed to
handle the massive amount of high maintenance areas and meet the demands of a seven (7) day per
week operation. This request also includes an electric maintenance cart and a :y. ton truck. Per
Agreement 96-81(1), Castle & Cooke will be assessed an annual amount of $60,000 (plus CPls each year
thereafter) for maintenance of The Park at River Walk. The request for additional staff is $25,681 (1/2 of
the annual salaries plus benefits) and a one-time cost of $35,000 for the equipment and vehicle.
Maintenance District and General Fund - laborer Positions
Just within the last two years we have accepted over 82 acres of streetscapes and parks. Staff needs to
add five (5) additional Laborer positions at midyear to address the ongoing and expanding landscape
assignments in the City. These additions would greatly assist in getting through the difficult maintenance
needs and requirements of this coming spring and early summer. Maintenance district revenues will be
received each year for properties located within the district, which will assist in supporting these additional
positions. The total cost of these five Laborer positions is $64,203 which is 112 of the annual salaries plus
benefits.
Fundina Positions
Staff is recommending approval of a total of eight positions: one Special Events Manager and seven
Laborer positions. The Special Events Manager will be self-funded through future sponsorships and
events. The Laborer positions will be paid for by a $60,000 annual assessment from Castle & Cooke
and/or maintenance district funds. Once these positions are approved, they will be incorporated into the
FY 2006-07 budget request at the full annual rates.
DHlrlj
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Hearings
ITEM: 13. Ct..
TO:
Honorable Mayor and City Council
OVED
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
October 12, 2005
CITY MANAGER
/fJ?
SUBJECT: Resolution ordering the vacation of a portion of Crosswind Way east of
Windchime Court (Ward 7)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Marino/Associates in behalf of Derrel's Mini Storage has applied for a change in city zoning for the 15-acre
piece of land located at the southwesterly corner of Panama Lane and Wible Road, from R-2 (Limited
Multiple Family Dwelling) to P.C.D. (Planned Commercial Development ) Zone. As a condition for
approval for this request, Public Works requires the applicant to have that portion of Crosswind Way, east
of Windchime Court vacated. This portion of Crosswind Way to be vacated was created to serve as
access to the 15-acre piece of land (future residential subdivision) west of it. Since the 15-acre piece of
land is going to be used for commercial development purposes, a direct access from the existing
residential subdivision, through that portion of Crosswind Way, going to said commercial development is
not necessary.
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 no City sewer or storm drain facilities in the vacating area. General
Services will have one "END" sign to remove.
The utility companies serving the area have been notified by mail. Pacific Gas and Electric Company
have indicated that they have facilities within the area that need to be protected by a reservation of an
easement. Public Works notes that a public utility easement shall be reserved to serve this purpose.
Preliminary notices were also mailed to all adjacent property owners within a 300-1001 radius of the
proposed vacating area. Public Works has not received any objections from these owners as of the date
of this report.
The proposed vacation was approved by the Planning Department on September 13, 2005 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
December B, 2005. 1 0:42AM
G:\GROUPDAT\ADMINRPT\2005\ 12-14\ROI 1411 AdminRprt-final.doc
ADMINISTRATIVE REPORT
that the action may have a significant effect on the environment.
Resolution of Intention No. 1411 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of October 26, 2005.
Notice of this public hearing has been duly advertised and posted as required by law.
December 8. 2005. 10:42AM
G:\GROUPDATìADMINRPT\2005\12-14\ROI1411 AdminRprt-final.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Hearings
ITEM: \8. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
!/&
fdb/
I
November 28, 2005
SUBJECT: Resolution ordering the vacation of the strip of land on 26th Street, approximately 11.25 foot
wide, between "M" Street and alley within Section 19, T.29S., R.27E., M.D.M. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Hopkins Engineering is in the process of planning a new office at 26th Street and "M" Street. City
ordinance requires eleven parking spaces including one handicap space. Currently they are able to get
nine parking spaces including one handicap space. The proposed strip of land to be vacated would
provide enough space for two spaces required.
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.
The utility companies serving the area have been notified by mail and Public Works notes that there are
no existing utility lines within the vacating area.
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 objections from these owners as of the date
of this report.
The proposed vacation was approved by the Planning Department on September 13, 2005 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1412 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of October 26, 2005.
Notice of this public hearing has been duly advertised and posted as required by law.
November 28, 2005. 11 :28AM
G:\GROUPOA1iADMINRPT\2005\12-14\ROI1412 Admin.-final.doc
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Hearings
ITEM: 13. C.
TO:
Honorable Mayor and City Council
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡fL
!/&-
,k;c
DATE:
November 28, 2005
SUBJECT: Resolution ordering the vacation of a portion of Pacheco Road between Old River Road
and Progress Road, also Progress Road between Harris Road and Pacheco Road within
Section 20, T.30S., R.27E., M.D.M. CNard 5)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Smith Tech USA on behalf of Don Judkins and Lennar Homes of California, Inc. had requested for the
vacation of Pacheco Road between Old River Road and Progress Road, and Progress Road between
Harris Road and Pacheco Road. The said vacation is a requirement by Public Works' Condition No. 12 of
Tract No. 6167 and by Public Works' Condition NO.2 of Tract No. 6363.
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 no City sewer or storm drain facilities in the vacating area. General
Services will have to remove 8 signs, 2 R/R markings, and 1 mile of centerline striping.
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 objections from these owners as of the date
of this report.
The proposed vacation was approved by the Planning Department on September 19, 2005 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1418 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of November 9, 2005.
Notice of this public hearing has been duly advertised and posted as required by law.
November 28. 2005. 11 :28AM
G:\GROUPOA MDMINRPT\2005\ 11-09\ROI 1418 Admin·final
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Hearings
ITEM: 13.d.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
APPROVED
A-
i?mI
Aú
.
DATE:
November 29, 2005
CITY ATTORNEY
SUBJECT: Protest Hearing for proposed Assessment District No. 05-3, (Liberty IINillage
Green/Tesoro-Encanto/Lin/Rider/Diamond Ridge): (Ward 3)
1. Resolution Approving Final Engineer's Report, Levying Assessments, Ordering Improvements and
Authorizing and Directing Related Actions.
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: On October 9, 2005 Council approved the Preliminary Engineer's Report and
scheduled the hearing as required by law for December 14, 2005.
Following the close of the hearing, adoption of this resolution will approve the Final Engineer's Report,
levy the assessments and order the public improvements.
Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of
assessment and cash payment opportunity will be mailed to the property owners of any property on which
an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property
owner have waived their entitlement to pay any part of the assessments jn cash, and the Finance Director
will certify and file with the City Clerk the List of Paid and Unpaid Assessments which allows the pre-
marketing and pricing of the bond sale by RBC Dain Raucher.
The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement
and Bond Purchase Contract at the January 25, 2006 Council meeting.
The Final Engineer's Report is on file in the City Clerk's Office.
November 30. 2005. 11:17AM
G:\GROUPDA T\ADMINRPTI2005\ 12-14\AD05-3hrg.dot
jas
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Hearings
ITEM: 13.e..
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY U
CITY MANAGER ~/
'\
SUBJECT: Resolution authorizing American Baptist Homes of the West to issue revenue bonds (not to
exceed $120 million) to be used to finance the Rosewood Retirement Community - TEFRA
Hearing (Ward 5)
FROM:
Donna L. Kunz, Economic Development Director
DATE:
December 1, 2005
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
American Baptist Homes of the West (ABH), a non-profit corporation is working with California Statewide
Community Development Authority (the Authority) to obtain financial assistance through the issuance of
revenue bonds (not to exceed $120 million. The proceeds of the bonds will be used by ASH for the
financing of certain continuing care facilities including Rosewood Retirement Community located at 1301
New Stine Road, and other health facilities operated by the applicant. ABH owns and/or manages 19
affordable housing retirement communities which are residential units for low and/or moderate-income
persons.
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:\Admins\City Council\TEFRA Hearing Rosewood.doc
12/1/20054:27 PM
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Public Hearing
ITEM: 13.f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Y?
I/Cr
M
December 5, 2005
SUBJECT: Amendments to various ordinances relating to:
1. Drilling or and Production of Petroleum
2. Tentative Maps
3. Final Tract Maps
4. Design Standards
5. General Regulations including Site Plan Review
6. R-1 One-Family Dwelling Zone
7. R-2 Limited Multiple-Family Dwelling Zone
8. R-3 Limited Multiple Family Dwelling Zones
9. R-4 Multiple Family Dwelling Zone
10. PUD Planned Unit Development Zone
11. PCD Planned Commercial Development Zone
12. Signs
RECOMMENDATION:
Staff recommends First Reading of all proposed ordinance revisions.
BACKGROUND:
From time to time, City Staff identifies sections within our Bakersfield Municipal Code that should
be revised to clarify language, remove ambiguity, reflect what is actually being done, and/or to correct
typographical errors. Rather than propose each ordinance revision when discovered, the City Attorney
keeps track of the suggested changes and then gathers them together for presentation to the City Council
as part of a general "clean-up".
At the last City Council meeting (November 30. 2005), Staff brought forth clean-up items to
Chapters 1, 2, and 8 of the Bakersfield Municipal Code. Tonight, Staff is bringing forth proposed revisions
to Chapters 15, 16, and 17 of the Bakersfield Municipal Code. It was necessary to separate the revisions
into two batches because text changes to Title 17 of our Code may only be considered after a noticed
public hearing (BMC 17.64.080 D). Notice has been properly provided so Staff is recommending first
reading to these amendments. The revisions include minor adjustments to Chapters 15, 16, and 17 of our
Code to clarify the intent of such provisions andlor to eliminate antiquated language.
S:..cOUNCILcAdmins"05_06 Admins Cleanup of Ordinances Chpts 15.16.17.doc
Decemb.:r 5.2005 - 10:04 AM
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: Repo...-t5
ITEM: 15. a.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
Raul Rojas, Public Works Director
December 1, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation on proposed build-out of Highway 178 (Ward 3)
RECOMMENDATION:
BACKGROUND: As requested by Councilmember Maggard at the November 30, 2005 council meeting,
the Public Works Director will discuss the proposed build-out of Highway 178
December 1. 2005.
10:31AM
ADMINISTRATIVE REPORT
I MEETING DATE: December 14, 2005
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 19, 2005
AGENDA SECTION: RepoY"T:'>
ITEM: ¡S.h
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Update on Capital Improvement Program Budget
~OVED
ß
RECOMMENDATION:
BACKGROUND: The Public Works Director will present a mid year report on the capital
improvement program.
November 22. 2005.
12:52PM
ADMINISTRATIVE REPORT
MEETING DATE: December 14, 2005
AGENDA SECTION: New Business
ITEM: 17.a.
TO:
FROM:
Honorable Mayor and City Council
Alan Tandy, City Manager
APPROVED
DATE:
December 6, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Report on the Sale of the City Farm Property
RECOMMENDATION: Staff recommends that no action be taken at this time because it is
premature to initiate a ballot referendum to allocate the use of proceeds from the sale before it is known if
or when it will occur.
BACKGROUND: Council member Couch, during Council statements on November 30, 2005 asked
that this item be listed on the December 14, 2005 agenda. A transcript of Council member Couch's
comments is attached. He asked about timeframes to place an item on the ballot. A memorandum from
the City Attorney is enclosed on that subject. He also asked about a referendum that would direct the
money to specified uses, particularly streets, and other related questions.
Councilmember Couch should be commended for his enthusiasm and dedication to streets.
The facts in the sale of the Farm are, however, as follows:
Issue #1
1. There are no proceeds to allocate, as we are not even close to a sale. There will be no proceeds
by either the June or November elections of 2006. It is more likely that there will be no sale
proceeds until at least the Spring to Summer 2007 timeframe, if ever.
2. It is not at all clear that there will ever be any proceeds. Staff proposed processing the sale
indicating it had potential - we have never said it was a certainty.
3. The local newspaper said the City "expects a windfall of $50 million." That opinion did not come
from staff working on the project. Staff does not "expect" anything except that a very large effort is
needed and there is opportunity. We have given no estimate of the net revenue (purchase price
less the offsets for tertiary treatment or land replacement), because bids will not be submitted until
the end of January, and the offsets will take months to analyze. Both land prices and the estimates
for tertiary treatment have risen during the last few months, and they may rise higher. Our bid
climate is very bad. Often we get only one bidder. Even when engineering estimates are finalized,
the actual bids can drive the offset costs through the ceiling.
December 8. 2005. 2:13PM
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ADMINISTRATIVE REPORT
4. The sale in this case is a complex issue. Before any sale can be consummated, contractual
involvement of multiple parties is necessary. Steps required by parties outside of the City of
Bakersfield include:
a. Bid submittals from prospective purchasers - due January 31,2006;
b. Corporate approval of an exclusive right to negotiate followed by corporate approval of a
purchase contract, if one is successfully negotiated;
c. The California Regional Water Quality Control Board must amend the City's permit to
operate the wastewater plant under revised conditions. Those conditions may be fulfilled
by the use of two alternates not yet fully researched or costed. One is tertiary treatment
and the other is land replacement;
d. A water purchaser, if the tertiary treatment option is selected. Multiple landowners willing to
sell land, if land replacement is the chosen alternate; and
e. Approval of the transaction at a variety of stages by the Bakersfield Redevelopment
Agency. A contract between the Agency and City is in effect and governs this process.
It cannot be assumed in advance that all of these actions will occur.
5. The cost if an election is estimated at $35,000 - $50,000. With no assurance that there will be any
revenue, it is not fiscally prudent to incur the expense until greater certainty is in hand.
6. An even greater impact than the cost of the election is building an expectation with the public that
the sale will occur and that it will, in fact, generate a windfall. If the item is on the ballot, it will
create that impression.
7. Future decisions must be made during this process by the Planning Commission and City Council.
Decisions related to General Plan Amendments, EIR's and zoning changes must be made, and
can be made after notice and hearing. If the property is not "entitled," it has value only as
farmland. A final binding decision on how to spend the money in advance of an entitlement
decision may bias the land use decision. Most GPA's and EIR's are now legally challenged.
Biasing the process can amplify legal problems.
8. The Redevelopment Agency is a partner in this process. The Agency is the governing body that is
actually processing this land sale. They have requested in a letter dated September 16, 2005,
consideration of a "reasonable" allocation of proceeds to share with the Agency.
9. A question of terminating the agreement with the Agency to sell the land has been raised and is
addressed in the City Attorney's memo. If such a termination takes place, the property and the
sale proceeds, if any, will go to the Sewer Enterprise Fund. The plan to involve the Agency was
developed, in part, to provide us more flexibility than that. There is specific State law allowing such
property transfers with redevelopment agencies to promote economic development.
10. Legal challenges from interest groups (I.e. Sierra club, petroleum interests) could threaten or stop
the approval of entitlements and potential sale. Such threats and suits are increasing dramatically.
December 8,2005. 2:24PM
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ADMINISTRATIVE REPORT
Issue #2
The Council goal on streets reads, "Set aside one-time eligible monies as a priority for street maintenance
as they become available." And later, it reads, "To budget conservatively by using one-time revenues for
capital rather than operating costs, with streets being of particular importance."
We have been doing that and will continue to do so with revenues that are real. on hand. and in most
cases. onaoina.
A chart is attached showing that over the last three years, our efforts in this regard have increased budget
allocations to street repairs from $5,248,752 to $18,365,211, which is a 361% increase.
We are not done with that, however. Street crews are producing at a record level. If the weather holds,
paving can continue through the winter. We are estimating an additional $2.5 - $3.0 million in work can be
added, with the funding to be approved in a series of steps over the next several months. Memos from
Public Works dated September 30, 2005 and December 8, 2005 are enclosed on the subject. The first
"step" of this process is on this agenda as Consent Calendar Item 12.11. It appears our street crews will
double their all-time productivity record in this regard.
Both the Governor and members of the Legislature are proposing infrastructure bonds which will be
considered over the next several months. It is possible that proceeds from that source could fund street-
based needs separate from the Farm property sale.
In short, the Council goals on streets are being addressed in an extraordinarily effective manner - not with
the intent that it be one-time, but with the intent to make it ongoing.
Summarv
When this proposal was first brought forward, my staff and I strongly suggested that the issue of debating
the use of proceeds, if any, should wait until there is a far greater probability of realizing them, as well as a
much better understanding what the profits might be. That recommendation remains in place.
Finally, the Council goal on streets is being addressed separately in a very effective manner and will
continue to be addressed into the future.
December 8. 2005. 2:13PM
S:lAdmin Rpts\2005\Farm Property - New Buslnes. - RevisedDraft-121405.dot
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 16,2005
SPECIAL MEETING
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting 5:15 and 6:30 p.m.
ACTION TAKEN
SPECIAL MEETING - 5:15 p.m.
1. ROLL CALL
Present:
Absent:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
None.
2. PUBLIC STATEMENTS
a. Will Winn spoke regarding the cost of growth and
development.
3. CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change 05-0412;
South Enterprise Zone has applied for a general
plan amendment and zone change on 22.6 acres
located at the northwest corner of Pacheco Road
and Cottonwood Road
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from HI (Heavy Industrial) to
LMR (Low Medium Density Residential) on
17.1 acres and from P (Public Facilities) to
LMR on 5.5 acres.
RES 255-05
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124-17 from M-3 (Heavy Industrial) to
R-2 (Limited Multiple Family Dwelling) zone
on 22.6 acres.
FR
Bakersfield, California, November 16, 2005 - Page 2
ACTION TAKEN
3.
CONSENT CALENDAR HEARINGS
b. General Plan Amendment/Zone Change 05-0414;
Alfredo Hernandez has applied for a general plan
amendment and zone change on 40 acres located
on the east side of Cottonwood Road, between East
White Lane and Brook Street.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LI (Light Industrial) to LMR
(Low Medium Density Residential) on 9
acres and from HI (Heavy Industrial) to LMR
on 31 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124-16 from M-1 (Light Manufacturing)
to R-2 (Limited Multiple Family Dwelling
Zone) on 9 acres and from M-3 (Heavy
Industrial) to R-2 on 31 acres.
RES 256-05
2.
FR
c. General Plan Amendment/Zone Change 05-
0417;Marino/Associates, representing
Magdaleno Duenas Barajas and Luisa Duenas,
property owners, has applied for a general
plan amendment and zone change on 40 acres
located on the north side of future East
White Lane, 1,320 feet east of Cottonwood Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LI (Light Industrial) to LR
(Low Density Residential) on 2 acres, from
HI (Heavy Industrial) to LR on 33 acres, and
from P (Public Facilities) to LR on 5 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124-16 from M-1 (Light Manufacturing)
to R-1 (One Family Dwelling Zone) on 2
acres and from M-3 (Heavy Industrial) to R-1
on 38 acres.
FR
RES 257-05
2.
Bakersfield, California, November 16, 2005 - Page 3
3.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
d.
General Plan Amendment/Zone Change 05-0942;
Mcintosh and Associates, representing Lester
D. Baroncini, Trustee of the Irene Baroncini Trust,
property owner, has applied for a general plan
amendment on 80 acres, located at the northeast
corner of McCutchen Road and Buena Vista Road.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource -Intensive
Agriculture) to LR (Low Density Residential)
on 80 acres.
REMOVED FOR
SEPARA TE
CONSIOERA TlON
2. First reading of ordinance approving the
Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No.
123-30 from A (Agriculture) to R-1 (One
Family Dwelling) zone on 80 acres.
e. General Plan Amendment/Zone Change 04-0420;
SmithTech/USA Inc., representing Elizabeth H.
Pinnell, property owner, has applied for a general
plan amendment on one acre, located north of
Snow Road, generally east of Calloway Drive.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource -Intensive
Agriculture) to LR (Low Density Residential)
on one acre.
RES 258-05
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 134-05 from A (Agriculture) to R-1
(One Family Dwelling) zone on one acre.
FR
. ._,~~,., -.- ~-'~._-~-------"-"---,r---~
3.
Bakersfield, California, November 16, 2005 - Page 4
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
f.
General Plan Amendment/Zone Change 05-0476;
The Lusich Company, Inc., representing LENNAR,
MacLeu, LLC and David P. Antongiovanni Family
Trust, property owners, has applied for a general
plan amendment, zone change, and cancellation of
a Williamson Act land use contract on 76 acres
located on the west side of Old River Road, north
side of Berkshire Road (future), and east side of
Mountain Vista Drive (future), approximately 1,400
feet south of Panama Lane.
REMOVED FOR
SEPARATE
CONSfDERA nON
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 76 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-30 from County A (Agriculture) to
R-1 (One Family Dwelling Zone) on 76
acres.
3. Resolution approving the Negative
Declaration and approving the cancellation
of a Williamson Act land use contract on 76
acres.
g.
General Plan Amendment/Zone Change 05-0743;
Marino Associates, representing Del Ray
Development LLC, property owner, has applied for a
general plan amendment on 86.37 acres, located
north of Taft Highway, generally east of Buena Vista
Road.
REMOVED FOR
SEPARA TE
CONSfDERA TfON
1. Resolution approving the Negative
Declaration, adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 86.37 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-31 from A (Agriculture) to R-1
(One Family Dwelling) zone on 86.37 acres.
'··_"·C_. ···_v ..___.________...____
Bakersfield, California, November 16, 2005 - Page 5
ACTION TAKEN
3.
CONSENT CALENDAR HEARINGS continued
RES 259-05
General Plan Amendment 05-0976; City of
Bakersfield has proposed an amendment to the
Circulation Element of the Metropolitan Bakersfield
General Plan and a Specific Plan Line for
Panorama Drive from Morning Drive to Vineland
Road.
h.
I. General Plan Amendment/Zone Change 04-1765;
Smith Tech/USA Inc., representing Thomas Mitchell
Ashe, property owner, has applied for a general
plan amendment on approximately 43 acres, located
south of McCutchen Road, east of Ashe Road.
1.
Resolution approving the Negative
Declaration, adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to GC (General Commercial) on
28 acres and LI (Light Industrial) on 15
acres.
RES 260-05
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 126-05 from A (Agriculture) to C-1/
PCD (Neighborhood Commercial/Planned
Commercial Development) on 28 acres
and M-1 (Light Manufacturing) on 15 acres.
FR
j. General Plan Amendment/Zone Change No. 04-
1012; Global Investment & Development, LLC, c/o
Aaron Rivani, has proposed a general plan
amendment with a concurrent zone change for
property located north and south of McCutchen
Road, east and west of Progress Road.
1.
Resolution making findings approving and
certifying Final Environmental Impact
Report (EIR) for GPNZC No. 04-
1012/Annexation No. 468 (McCutchen 110).
Resolution approving a general plan element
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 110 acres and circulation element
amendment to eliminate the collector
designation of Progress Road south of
McCutchen Road.
RES 261-05
2.
RES 262-05
Bakersfield, California, November 16, 2005 - Page 6
3.
CONSENT CALENDAR HEARINGS continued
Item 3.j. continued
ACTION TAKEN
3.
First Reading of Ordinance amending Title
17 of the Municipal Code and changing
Zoning Map Nos. 123-29 and 123-32 from A
(Agriculture) to R-1 (One Family
Dwelling) on 110 acres.
FR
Assistant City Clerk Gafford announced
correspondence was received from the Department
of Conservation offering comments and
recommendations with respect to impacts on
agricultural land and resources pertaining to items
3.d., 3.f. and 3.g.; correction on item 3.e. changing
Calloway Dr. to east of Verdugo Ln. and
correspondence received from staff concerning item
3.j.
Gordon Nipp requested items 3.d., 3.f. and 3.g. be
removed.
Hearings opened at 5:24 p.m.
No one spoke.
Hearings closed at 5:25 p.m.
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearings 3.a. through 3. j. with the removal of
items 3.d., 3.f. and 3.g. for separate consideration.
APPROVED
4. HEARINGS
a. General Plan Amendment/Zone Change 05-0943;
Mcintosh & Associates for Centex Homes, Inc.,
representing the Frazier Trust et ai, property
owners, has applied for a general plan amendment
and zone change on 80 acres located at the
southeast corner of South Allen Road (future) and
Pensinger Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 80 acres.
RES 263-05
--_.~"-, ----- ._._.,--~....~"---_._---------
Bakersfield, California. November 16, 2005 - Page 7
ACTION TAKEN
4. HEARINGS continued
Item 4.a. continued
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 122-24 from A-20A (Agricultural 20-
Acre Minimum Lot Size) to R-1 (One Family
Dwelling) on 80 acres.
FR
Assistant City Clerk Gafford announced
correspondence was received from the Department
of Conservation offering comments and
recommendations with respect to impacts on
agricultural land and resources.
Development Services Director Grady made staff
comments.
Hearing opened at 5:29 p.m.
Gordon Nipp, Babak Naficy, Esq., and Arthur Unger,
on behalf of the Sierra Club, and Larkin Ray
spoke in opposition to the staff recommendation.
Darcy Larman with Mcintosh and Associates spoke
in favor of the staff recommendation.
Motion by Councilmember Hanson to close the hearing
at 5:49 p.m.
APPROVED
Motion by Councilmember Hanson to adopt the
Resolution approving the Negative Declaration,
approve the proposed General Plan Amendment and
give first reading to the Ordinance.
APPROVED
b. General Plan Amendment/Zone Change 03-1528;
PB Ventures LLC, property owner, has applied for a
general plan amendment and zone change on 1 ,833
acres and cancellation of a Williamson Act land use
contract on 316.5 acres within the project area
generally bounded by Panama Lane to the north,
Old River Road to the east, South Allen Road
(unimproved) to the west, and Taft Highway (State
Route 119) to the south. A number of outparcels
under separate ownership within the above-
described boundary are not part of the proposal.
Annexation of the project area into the City is
proposed.
Bakersfield, California, November 16, 2005 - Page 8
4. HEARINGS continued ACTION TAKEN
Item 4.b. continued
RES 264-05
1. Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPA/ZC No. 03-
1528/Annexation No. 498, known as the Old
River Ranch Project.
2. Resolution adopting the general plan RES 265-04
amendment changing the land use
designation from R-1A (Resource -Intensive
Agriculture) to LR (Low Density Residential)
on 1310.08 acres, to HMR (High-Medium
Density Residential) on 86.31 acres, to
GC (General Commercial) on 86.36 acres;
and from R-MP (Resource-Mineral and
Petroleum) to LR on 320.22 acres, to HMR
on 23.22 acres, and to GC on 6.77 acres.
3. First Reading of Ordinance amending Title FR
17 of the Municipal Code by prezoning
the project area to R-1/PUD (One Family
Dwelling/Planned Unit Development) on
1,630.34 acres, to R-2/PUD (Limited
Multiple-Family Dwelling/Planned Unit
Development) on 109.53 acres, to C-1
(Neighborhood Commercial) on 9.66 acres,
to C-2 (Regional Commercial) on 22.09
acres, and to C-2/PCD (Regional
Commercial/Planned Commercial
Development) on 61.38 acres; and
approving a Development Agreement.
4. Resolution approving cancellation of RES 266-05
Williamson Act land use contract on 316.5
acres.
Assistant City Clerk Gafford announced
correspondence was received from Babak Naficy
regarding this item.
Staff comments by Development Services Director
Grady. Additionally City Manager Tandy made
comments pertaining to items 4.b. and 4.c.
Hearing opened at hearing opened at 6:05 p.m.
Bakersfield, California, November 16, 2005 - Page 9
4.
HEARINGS continued
Item 4.b. continued
ACTION TAKEN
Babak Naficy, Esq., on behalf of the Sierra Club
spoke in opposition to the staff recommendation and
submitted written material. Additionally Gordon
Nipp and Arthur Unger, on behalf of the Sierra Club,
spoke in opposition to the staff recommendation.
Dave Dmohowski, Project Design Consultants,
spoke and made a presentation in support of the
staff recommendation. Additionally Mike and Greg
Petrini, applicants for the Old River Ranch Project,
and Don Putnam, RBF Consultants, spoke in favor
of the staff recommendation.
Gordon Nipp, on behalf of the Sierra Club, spoke in
rebuttal opposition to the staff recommendation.
Dave Dmohowski, Project Design Consultants,
introduced Kenneth Blye from the law firm of Cox,
Castle and Nicholson, who spoke in rebuttal support
of the staff recommendation.
For the record Development Services Director Grady
identified the three pieces of correspondence
submitted by Mr. Naficyas the letter identifying
concerns regarding agricultural land conversion, air
quality and traffic. Mr. Grady additionally stated
staff believes the EIR adequately responds to the
agricultural land air quality concerns, that Mr.
Schuler would respond to the trip generation issue and
staff has reviewed the court case and because it is not
a published opinion City Attorney believes it is not
applicable to this particular case.
Mr. Grady also provided information regarding the
State's policy with respect to agricultural land
conversion:
. ------.. ._"..'._~-'----'._-----,.-----'---
Bakersfield, California, November 16, 2005 - Page 10
4.
HEARINGS continued
Item 4.b. continued
ACTION TAKEN
"One of the stated purposes, especially in relationship
to formation Sphere of Influence Boundaries, which is
ultimately intended for the development within those
boundaries, is to encourage orderly growth and
development which are essential to the social, fiscal
and economic well being of the State." It also states in
there that "the policy should be affected by logical
formation and modification of boundaries of local
agencies with a preference granted to accommodating
additional growth." There were some references made
to the action that we are taking tonight as
creating the momentum that is far from the truth. We
are experiencing a growth in the population of around
fourteen thousand people a year; we are consuming
about three square miles and growing at the rate of
about twenty-five hundred people per square mile.
We are looking at a need that will have to be met
through the provision of land for growth of about
four hundred and thirty thousand people in thirty
years.
So we have to take the steps necessary to
provide for that growth and we see these projects
that are before you tonight as being responses to the
demand that is being placed on Bakersfield because
it is a desirable place to live and the demand placed on
us to accommodate that growth. With that I would
like to ask Mr. Schuler to come up and respond to
the traffic letter that we received. Thank you.
For the record John Schuler, Ruettgers and Schuler
Engineers Civil Engineers, responded to the trip
generation issue:
,
Bakersfield, California, November 16, 2005 - Page 11
4.
HEARINGS continued
Item 4.b. continued
ACTION TAKEN
Mayor Hall, Councilmembers, my name is John Schuler
with Ruettgers and Schuler Civil Engineers. Can we
turn this on here? How do we turn this thing on?
What I've got up there is Mr. Nipp's, the
correspondence provided, by, for Mr. Nipp shows the
chart out of the ITE book. And there's a couple of
things that we did in, in determining the trip
generation for this project. As you know most
projects forty, eighty, acres we don't do a lot of
projects trip generation and distributional projects
that are this large. So we had to sit back and think,
what is it, that we're going to use for this project,
how many trips does it generate? So you can see,
the project itself is off of the chart for, this goes
up to three thousand homes but, so, so the actual
data in the ITE rate is beyond, or the project is
actually beyond that. So what we did is we looked at
the KERNcog model and we said what does the model
do with this project. And so, on a regional basis if you
throw in all these houses, and all these, this
commercial units what does the model generate and
how does it spit this traffic out onto the streets system.
And that was the number, we were trying to stay
consistent but the KERNcog model is used for the fee
program that was developed by the City, it's used by
the City in developing policies on transportation
and looking at new projects and what is needed and the
model is used for air quality and conformance so we
wanted to be consistent with that. So what we did, was
we, in running the model the model generated, I think it
was around sixty-seven thousand or sixty-eight
thousand trips. And the other thing that we have in this
project, is you have what's called internal capture.
How do these trips inter-relate, you know it's a lot of
trips are from the houses to the schools, from the
houses to the commercial, not all those projects go
out, so we didn't want to generate all the traffic and
send it out the street system all going downtown. A lot
of them will be local. So, so in that there's two things
that we did. The, the, the, difference that Mr. Nipp talks
about in terms of trip rate, there's an average number
here of 9.57, that's this line here, this, this dotted line.
The solid line is actually the equation which is down on
the bottom and that's what we used as projects get
larger they tend to generate less trips per house as an
average.
-"~'."....--"-""'"--~'''''._-.------''--'~~-- .-.
Bakersfield, California, November 16, 2005 - Page 12
ACTION TAKEN
4. HEARINGS continued
And so that was, that's where that difference comes
from as far as trip generation. But that really isn't
the bottom line, the bottom line of the number that we
used was the KERNcog model and we went
through this with the City traffic department with
Steve Walker and got their concurrence in this process
and that's what we went with. Does that answer the
question or do you guys have any?
Public Works Director Rojas made comments.
Motion by Counci/member Hanson to close the hearing
at 6:55 p.m., adopt the Resolution certIfying the Final
EIR, adopt the Resolution approving the proposed
General Plan Amendment, adopt the Resolution
approving proposed cancellation of Williamson Act
land use contract and give first reading to the
Ordinance approving proposed prezoning and
Development Agreements.
APPROVED
Recess taken from 7:00 p.m. to 7:35 p.m.
c. General Plan Amendment/Zone Change No. 04-
0671; Project Design Consultants, representing
Rosedale Ranch, property owner, has proposed a
general plan amendment and zone change on 1,655
acres bounded by yth 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.
Annexation into the City is proposed. A
Development Agreement is also proposed.
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPAlZC No. 04-
0671/Annexation No. 499, known as the
Rosedale Ranch Project.
RES 267-05
Bakersfield, California, November 16, 2005 - Page 13
ACTION TAKEN
4. HEARINGS continued
Item 4.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.
First Reading of Ordinance amending Title
17 of the Municipal Code by prezoning 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.
RES 268-05
3.
FR
Assistant City Clerk Gafford announced
correspondence was received from Carneros
Energy, Inc. and Nossaman, Guthner, Knox and
Elliott, LLP regarding this item.
Development Service Director Grady provided a
presentation and made comments. City Manager
Tandy made additional staff comments.
Hearing opened at 7:42 p.m.
Babak Naficy and Gordon Nipp on, on behalf of the
Sierra Club, spoke in opposition to the staff
recommendation.
Bakersfield, California, November 16, 2005 - Page 14
4.
HEARINGS continued
Item 4.c. continued
ACTION TAKEN
Tom Fallgatter, Klein, DeNatalie and Goldner, spoke
on behalf of Occidental Resources of California in
opposition to the staff recommendation and
provided maps and written material.
Motion by Councilmember Couch to extend the time
allotted each side by fifteen minutes.
APPROVED
Tom Gellanardo, Associate Engineer with the
Division of Oil and Gas, spoke in opposition to the
staff recommendation.
Dave Dmohowski, Project Design Consultants, Keith
Gardner, property owner, John McKenna, Forma
Design, and Greg Sanders, Esq., on behalf of
Rosedale Ranch spoke in favor of the staff
recommendation. Additionally, Mr. Green on behalf
of Grimway Farms, presented maps and spoke in
favor of the project.
Bob Stupp, Carnaros Energy, Dan Shemanski,
Occidental Oil and Gas, Kimberly Niemeyer, Law
Firm of Downey, Brand on behalf of Occidental Oil
and Gas, spoke and submitted written material and
Tom Fallgatter spoke in opposition rebuttal to the
staff recommendation.
Babak Naficy submitted written material to the clerk.
Greg Sanders, attorney for Rosedale Ranch, spoke
in rebuttal favor of the staff recommendation.
Motion by Councilmember Couch to close the hearing
and recess at 9:10 p.m.
APPROVED
The meeting reconvened at 9:20 p.m.
Development Services Director Grady made
comments
APPROVED
Motion by Councilmember Couch to adopt the
Resolution certifying the Final EIR, adopt the
Resolution approving the proposed general plan
amendment and give first reading to the Ordinance
approving proposed prezoning and Development
Agreement.
._~.
Bakersfield, California, November 16, 2005 - Page 15
4.
HEARINGS continued
Item 4.d. continued
ACTION TAKEN
d. General Plan Amendment/Zone Change 05-0942;
Mcintosh and Associates, representing Lester
D. Baroncini, Trustee of the Irene Baroncini Trust,
property owner, has applied for a general plan
amendment on 80 acres, located at the northeast
corner of McCutchen Road and Buena Vista Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource -Intensive
Agriculture) to LR (Low Density Residential)
on 80 acres.
RES 269-05
2.
First reading of ordinance approving the
Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No.
123-30 from A (Agriculture) to R-1 (One
Family Dwelling) zone on 80 acres.
FR
Assistant City Clerk Gafford announced
correspondence was received from the Department
of Conservation offering comments and
recommendations with respect to impacts on
agricultural land and resources.
Staff comments by Development Services Director
Grady.
Hearing opened at 9:55 p.m.
Gordon Nipp and Arthur Unger, on behalf of the
Sierra Club, spoke in opposition to the staff
recommendation.
Darcy Larman, Mcintosh & Associates, on behalf of
the applicant, spoke in support of the staff
recommendation.
Council member Hanson requested staff provide
information regarding Mr. Unger's suggestion that the
City charge agricultural development mitigation fees.
Motion by Councilmember Couch to close the hearing
at 10:05 p.m. adopt the Resolution approving the
Negative Declaration, approving the general plan
amendment and give first reading to the Ordinance.
APPROVED
AB BENHAM
~... '--~->^''''~''''--''''->~--"'-- ",-".-'-,.,--- '"
Bakersfield, California, November 16, 2005 - Page 16
4.
HEARINGS continued
ACTION TAKEN
e. General Plan Amendment/Zone Change 05-0476;
The Lusich Company, Inc., representing LENNAR,
MacLeu, LLC and David P. Antongiovanni Family
Trust, property owners, has applied for a general
plan amendment, zone change, and cancellation of
a Williamson Act land use contract on 76 acres
located on the west side of Old River Road, north
side of Berkshire Road (future), and east side of
Mountain Vista Drive (future), approximately 1,400
feet south of Panama Lane.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 76 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-30 from County A (Agriculture) to
R-1 (One Family Dwelling Zone) on 76
acres.
RES 270-05
FR
2.
3.
Resolution approving the Negative
Declaration and approving the cancellation
of a Williamson Act land use contract on 76
acres.
RES 271-05
Assistant City Clerk Gafford announced
correspondence was received from the Department
of Conservation offering comments and
recommendations with respect to impacts on
agricultural land and resources.
Development Services Director Grady made staff
comments.
Hearing opened at 10:09 p.m.
Gordon Nipp and Arthur Unger, on behalf of the
Sierra Club, spoke in opposition to the staff
recommendation.
Robert Luisch and Mary Jane Wilson on behalf of
the property owners, spoke in support of the
staff recommendation and submitted written
correspondence.
-.'.-. --"""~----""'---"'"--"'''''-'--'.'_.~--~-..,....--
Bakersfield, California, November 16, 2005 - Page 17
4.
HEARINGS continued
Item 4.e. continued
ACTION TAKEN
Gordon Nipp and Arthur Unger, on behalf of the
Sierra Club, spoke in opposition rebuttal to the staff
recommendation.
Mary Jane Wilson and Robert Luisch spoke in
rebuttal favor of the staff recommendation.
Council member Hanson requested staff provide
information regarding construction equipment that does
not meet emission standards being imported for utilization
in this area.
Motion by Councilmember Hanson to close the hearing
at 10:42 p.m., adopt the Resolution approving the
Negative Declaration, approve the proposed general
plan amendment, approve the proposed cancellation of
a Williamson Act land use contract and give first
reading to the Ordinance.
APPROVED
AB BENHAM
f. General Plan Amendment/Zone Change 05-0743;
Marino Associates, representing Del Ray
Development LLC, property owner, has applied for a
general plan amendment on 86.37 acres, located
north of Taft Highway, generally east of Buena Vista
Road.
1.
Resolution approving the Negative
Declaration, adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 86.37 acres.
RES 272-05
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-31 from A (Agriculture) to R-1
(One Family Dwelling) zone on 86.37 acres.
Assistant City Clerk Gafford announced
correspondence was received from the Department
of Conservation offering comments and
recommendations with respect to impacts on
agricultural land and resources.
2.
FR
Staff comments by Development Services Director
Grady.
Hearing opened at 10:45 p.m.
--_.,-------._~-----,_._.._.._-,--_.._-
Bakersfield, California, November 16, 2005 - Page 18
4.
HEARINGS continued
Item 4.1. continued
ACTION TAKEN
Gordon Nipp, on behalf of the Sierra Club spoke in
opposition to the staff recommendation; additionally
Bridget Luther Thompson, Director of the
Department of Conservation, submitted written
material and spoke in opposition to the staff
recommendation.
Jim Marino, on behalf of Del Ray Development,
property owner, spoke in support of the staff
recommendation.
Bridget Luther Thompson offered to answer any
questions.
Gordon Nipp, on behalf of the Sierra Club, spoke in
rebuttal opposition to the staff recommendation.
Jim Marino spoke in rebuttal favor of the staff
recommendation.
Vice-Mayor Maggard requested staff meet with Bridget
Luther- Thompson and provide copies of the City's land
use code.
Motion by Councilmember Hanson to close the meeting
at 11:24 p.m., adoption of the Resolution approving
the Negative Declaration, approving the general plan
amendment and give first reading to the Ordinance.
5. ADJOURNMENT
APPROVED
AB BENHAM
The Mayor adjourned the meeting at 11:25 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 30, 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,
Council members Benham, Couch, Hanson,
Scrivner
Absent:
Sullivan
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:16 p.m.
APPROVED
Motion by Councilmember Benham to adjourn from
Closed Session at 6:28 p.m.
APPROVED
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
Bakersfield, California, November 30, 2005 - Page 2
ACTION TAKEN
6. INVOCATION by Reverend Oscar Anthony, St. Peter
Restoration Community Christian Ministries.
7. PLEDGE OF ALLEGIANCE by Isabella Clanton, 3rd Grade
Student at Stockdale Christian School.
Mayor Hall recognized the Ridgeview High School
government class in attendance at the meeting.
8. CLOSED SESSION ACTION
Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
9. PRESENTATIONS
a.
NO REPORTABLE
ACTION
Presentation by Mayor Hall of Proclamation to
Representatives from Stop the Violence Movement,
proclaiming December, 2005, as "Violence Free Month".
Isaiah Crompton accepted the Proclamation and made
comments.
10. PUBLIC STATEMENTS
a. Audrey Chavez spoke regarding World Aids Day.
b. Steve Hollis spoke regarding a change of
designation on Paladino Dr. from arterial to
collector.
Vice-Mayor Maggard requested the Planning and
Development Committee address the issue of the
designation for Paladino Dr.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 9, 2005
Regular City Council Meeting.
.....__..._.._._~___~_~"._"_n.~__"....
Bakersfield, California, November 30, 2005 - Page 3
ACTION TAKEN
12.
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from October 28,
2005 to November 17,2005 in the amount of
$11,773,832.67 and self insurance payments from
October 28,2005 to November 17, 2005 in the
amount of $238,129.99.
Ordinances:
c.
First Reading of amendments to various Ordinances
relating to:
REMOVED FOR
SEPARA TE
CONSIDERA TION
1. City Seal
2. City Council Meetings
3. Personnel Policies
4. Employer-Employee Relations
5. Compensation
6. Ice Cream Vendors
d.
Resolutions:
e.
First Reading of Ordinance amending Sections
3.20.060, 3.20.090, 3.20.100 and 3.20.105 of
the Municipal Code relating to bidding and contract
procedures.
REMOVEDFOR
SEPARATE
CONStDERA TION
Resolution adopting the Investment Policy of the
City.
RES 273-05
f. Mobile Data Computers:
1.
Resolution determining that Mobile Data
Computer Displays for the Police
Department cannot be obtained through
usual bidding procedures due to the need to
integrate into existing systems and
authorizing Finance Director to dispense with
bidding therefore, not to exceed
$184,000.00.
RES 274-05
2.
Resolution determining that Mobile Data
Radio Equipment for the Police Department
cannot be obtained through usual bidding
procedures due to the need to integrate
into the existing system radio infrastructure
and authorizing the Finance Director to
dispense with bidding therefore, not to
exceed $105,800.00.
RES 275-05
12.
Bakersfield, California, November 30, 2005 - Page 4
CONSENT CALENDAR continued
Item 12.1. continued
ACTION TAKEN
3. Accept bid from GTSI Corporation
($1,289,674) for mobile data computers,
laptops and related equipment.
g.
Resolution determining that the Magic
comprehensive call analysis and reporting system
from SBC, Inc. cannot be obtained through usual
bidding procedures due to the need to
integrate into the existing telephone
technology/digitallogging system in the Police
Communications Center and authorizing the
Finance Director to dispense with bidding
therefore, not to exceed $44,000.00.
RES 276-05
h.
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.
RES 277-05
i.
Resolution adding territory, Area 3-41 (Taft
HwylMountain Ridge N) 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.
RES 278-05
j.
Resolution adding territory, Area 4-41
(Comanche/Canyon 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.
RES 279-05
k.
Resolution adding territory, Area 4-42
(Niles/Brentwood 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.
RES 280-05
I.
Resolution establishing Traffic Signal Maintenance
District TS-12 (Panama and Wible Shopping Center)
confirming the assessments, approving Public
Works Director's Report and authorizing collection
of assessments by the Kern County Tax Collector.
RES 281-05
Bakersfield, California, November 30, 2005 - Page 5
ACTION TAKEN
12.
CONSENT CALENDAR continued
RES 282-05
Resolution approving development plan review for
construction of a 62,840 square foot commercial
office complex on 7.49 acres located at 9700
Brimhall Road zoned C-O/PCD (Professional and
Administrative Office-Planned Commercial
Development). (Project No. 05-1227, Skarphol
Associates/David R. Wilson)
m.
n. Application for a grant from the California Integrated
Waste Management Board (CIWMB) for
replacement of broken concrete sidewalks with
rubber sidewalks made from recycled tires:
1.
Resolution authorizing the Public Works
Director to apply for and administer grant.
RES 283-05
2.
Resolution adopting a purchasing policy
giving preference to products with recycled
material content when feasible.
RES 284-05
o. Partial Advanced Refunding of 1997 Arena
Certificates of Participation to generate one time
savings of approximately $1,400,000.00 to be used
for capital improvements for the Rabobank
Convention Center and Arena complex.
1.
Agreement with Orrick, Herrington & Sutcliffe
LLP for bond counsel services.
AGR 05-383
2.
Agreement with Pillsbury Winthrop Shaw
Pittman LLP for disclosure counsel
services.
AGR 05-384
3.
Resolution approving the execution, sale and
delivery of not to exceed $26.0 million
of the 2005 Refunding Certificates of
Participation to provide for the partial
refunding of the 1997 Certificates; approval
of the form and substance of Bond
Purchase Contract, Preliminary Official
Statement, Amended and Restated Trust
Agreement, Amended and Restated Lease
Agreement, Refunding Escrow Agreement
and authorizing and directing additional
actions necessary to implement the
proposed refunding program.
RES 285-05
AGR 05-385
AGR 05-386
AGR 05-387
AGR 05-388
AGR 05-389
Bakersfield, California, November 30, 2005 - Page 6
ACTION TAKEN
12.
CONSENT CALENDAR continued
AGR 046-02(1)
Amendment NO.1 0 to Resolution No. 046-02
approving Memorandum of Understanding for
employees of the Blue and White Collar Units and
adopting salary schedule for Real
Property Agent II. (Thomas Roads)
p.
Agreements:
q. Final Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with Lennar Homes of California for Tract
6289 Unit 3 located north of Noriega Road
and west of Allen Road.
Final Map and Improvement Agreements
with Lennar Homes of California for Tract
6290 Unit 1 located south of McKee Road
and west of Stine Road.
Final Map and Improvement Agreement with
Centex Homes for Tract 6195 Unit 8 located
east of Allen Road and south of Snow Road.
Final Map and Improvement Agreement with
Centex Homes for Tract 6349 Unit 4 located
west of Buena Vista Road and north of
Panama Lane.
AGR 05·390
AGR 05-391
2.
AGR 05-392
AGR 05-393
3.
AGR 05-394
4.
AGR 05-395
5.
Final Map and Improvement Agreements
with Pulte Homes Corporation for Tract
6149 Phase 5 located south of State Route
178 and west of Miramonte Drive.
AGR 05-396
6.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc., for
Tract 6250 Phases 6 & 7 located east of
Allen Road and north of Stockdale Highway.
Final Maps for Units 1 - 5 and Improvement
Agreements for Units 1 - 12 with Castle
& Cooke California, Inc. for Tract 6448
located west of Renfro Road and south of
Stockdale Highway.
AGR 05·399
AGR 05-400
AGR 05-401
AGR 05-402
AGR 05-403
AGR 05-404
AGR 05-405
AGR 05-406
AGR 05-407
AGR 05-408
AGR 05-409
AGR 05-397
AGR 05-398
7.
Bakersfield, California, November 30, 2005 - Page 7
ACTION TAKEN
12.
CONSENT CALENDAR continued
r. Purchase of real property located in Tract 6413 at
the northeast corner of Linnell Way and Brahma
Street for a park site:
Agreement with Firm Foundation Ventures,
Inc. ($86,400.00) for the purchase.
2. Appropriate $88,000.00 Fund Balance within
the Capital Improvement Budget of the
Park Development Fund (Central Zone 2-
Acquisition Funds).
1.
AGR 05-410
DEED 6330
s. Purchase of real property located west of New Stine
Road, east of the Farmer's canal, south
of McKee Road and north of Taft Highway for a park
site:
t.
u.
Agreement with Lennar Homes of California,
Inc. ($375,000.00) for the purchase.
2. Appropriate $380,000.00 Fund Balance
within the Capital Improvement Budget of the
Park Development Fund (Southwest Zone 1-
Acquisition Funds).
AGR 05-411
DEED 6331
1.
Agreement with McMillin Albany, LLC ($100,000.00)
to purchase real property located west
of Progress Road, east of Albany Gate Drive and
north of Panama Lane for a water well site.
AGR 05-412
DEED 6332
Reimbursement Agreement with Lenox Homes
($563,912.28) for reconstruction of South H
Street between Hosking Road and the Arvin-Edison
Canal.
AGR 05·413
v. Health Care Agreements:
1.
Agreement with Blue Cross of California for
Indemnity Health and Dental Services.
Agreement with Blue Cross of California for
Managed Care Health Plans for Medical
Services for employees and retirees.
AGR 05-414
AGR 05-415
2
3.
Agreement with Blue Cross of California for
Medicare Risk Plan Senior Secure.
AGR 05-416
4.
Agreement with Kaiser Permanente for
Managed Care Health Plans for Medical
Services for employees.
AGR 05-417
Bakersfield, California, November 30, 2005 - Page 8
ACTION TAKEN
12.
CONSENT CALENDAR continued
Item 12.v. continued
5.
Agreement with Kaiser Permanente for
Managed Care Health Plans for Medical
Services for retirees.
AGR 05-418
6.
Agreement with Medical Eye Services and
Security Life Insurance Company for
Vision Services.
AGR 05-419
7.
Agreement with Pacific Union Dental for pre-
paid Dental Services.
Agreement with Dedicated Dental Systems,
Inc. for pre-paid Dental Services.
Agreement with PacifiCare Behavioral
Health of California for Employee Assistance
Services.
AGR 05-420
8.
AGR 05-421
9.
AGR 05-422
Agreement with PacifiCare Behavioral
Health of California for Managed Mental
Health Care.
11. Appropriate $100,000.00 additional Vehicle
License Fee in lieu of revenues to the
non-departmental budget within the General
Fund.
AGR 05-423
10.
w.
Agreement with Les Roger's Construction (not to
exceed $45,000.00) to install playground
equipment at Quailwood Park and Campus Park
North.
Agreement with County of Kern ($634,797.00) for
jail booking fees.
AGR 05-424
x.
AGR 05-425
y.
Amendment NO.1 to Agreement No. 01-340 with
Central Parking System, Inc. for ~arking facility
management services for the 18t and Eye Street
Parking Structure.
AGR 01-340(1)
. .."...,.... '-"'-'-'-~-----'-'--'----"'~'-'-"""------""----'---_.,-_._~-
Bakersfield, California, November 30, 2005 - Page 9
12.
CONSENT CALENDAR continued
z. Environmental Impact Report (EIR) Preparation for
SKY 19 Project: located south of State Highway
178, east of Morning Drive.
ACTION TAKEN
Amendment NO.1 to Agreement No. 05-257
with Michael Brandman & Associates
($25,910.00) to prepare an Environmental
Impact Report for General Plan
Amendment/Zone Change No. 05-1063.
2. Appropriate $25,910.00 developer's
contribution to the Development Services
operating budget, within the Development
Services fund.
1.
AGR 05-257(1)
aa.
Contract Change Order NO.1 to Agreement No. 05-
069A with Bakersfield Well & Pump Co.
($62,653.80 for total amount of $818,397.80) for
drilling and pump testing two (2) domestic
water wells.
AGR 05-069A CC01
Bids:
bb.
Accept bid to award annual contract to Hargis and
Son, Bakersfield (not to exceed $80,000.00) for
biosolids hauling and spreading.
Accept bid to award annual contract to Jim Alfter
Cement Contractor (not to exceed $800,000.00) for
HUD-Funded Concrete Construction.
AGR 05-426
cc.
AGR 05·427
dd. Accept bids from Cascade Fire Equipment
($171.60); Ferrara Fire Apparatus ($1,317.03); All
Star Fire Equipment ($5,167.84); L.N. Curtis and
Sons ($14,913.33); and Third Alarm Fire Equipment
($19,269.26) for replacement equipment for Engines
10 and 13.
ee. Accept bid from Hewlett Packard Company
($74,850.53) for LaserJet printers and related
software and support.
ft. Extend bid from Municipal Maintenance Company,
Sacramento ($70,656.49) for one (1)
50,000 pound parallelogram platform hoist for the
Wood Waste Recycling Facility.
Bakersfield, California, November 30,2005 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
gg. Appropriate $50,000.00 fund balance for Wayside
Park Wet Play Area and $10,000.00 fund balance
for Jefferson Park Wet Play Area, within the Capital
Improvement Budget in the Park Improvement
Fund, for modifications to the existing automated
water quality systems.
hh. Appropriate $1,000.00 developer's contribution to
the Development Services budget in the general
fund for peer review of the Geologic Hazards Report
for Vesting Tentative Tract 6638 located on the east
side of Alfred Harrell Highway, approximately Y. mile
north of Highway 178.
Temporary Access Agreement with Castle & Cooke
Commercial-CA, Inc. for vehicular access to the
amphitheater at The Park at River Walk.
ii.
DEED 6333
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.;;., with the removal of
items 12.c. and 12.d. for separate consideration.
APPROVED
c.
First Reading of amendments to various Ordinances
relating to:
FR
1. City Seal
2. City Council Meetings
3. Personnel Policies
4. Employer-Employee Relations
5. Compensation
6. Ice Cream Vendors
Motion by Councilmember Hanson to give First
Reading to Ordinances with the removal of item
number 12.c.5.
APPROVED
d. First Reading of Ordinance amending Sections
3.20.060,3.20.090, 3.20.100 and 3.20.105 of
the Municipal Code relating to bidding and contract
procedures.
Motion by Councilmember Couch to raise the cap on
City Agreements to $40,000 before Council approval is
required with the exemption of bulk fuel, natural gas,
asphalt and concrete, that cap being $75,000, and give
First Reading to the Ordinance.
APPROVED
Bakersfield, California, November 30, 2005 - Page 11
13.
CONSENT CALENDAR HEARINGS
ACTION TAKEN
None.
14. HEARINGS
a.
Public Hearing to consider Resolution denying an
appeal by Paul Nesheiwat, Owner, Car Audio Pros
of the Board of Zoning Adjustment's revocation of a
conditional use permit (File No. 02-0064) concerning
the sales and installation of automobile stereos and
other automotive electronic accessories in a C-1
(Neighborhood Commercial) zone located at
2520 Brundage Lane.
RES 286-05
Development Services Director Grady made staff
comments.
Hearing opened at 7:03 p.m.
Paul Nesheiwat spoke in opposition to the staff
recommendation.
Sal Ochoa and Keith Lawless spoke in favor of the
staff recommendation.
Paul Nesheiwat spoke in rebuttal opposition to the
staff recommendation.
Keith Lawless spoke in rebuttal favor of the staff
recommendation.
Hearing closed at 7:18 p.m.
Motion by Councifmember Benham to uphotd the
Board of Zoning Adjustment's decision and deny
the appeal.
15. REPORTS
APPROVED
a. Budget and Finance Committee Report regarding
request for release (closure) of the
Bakersfield Municipal Airport.
City Clerk McCarthy announced correspondence
was received from staff noting a change to the back-
up; additionally Public Statements regarding this
item will be heard at this time.
-,....._-~'"_....~.,--_._-.~._,.__...'"'--,._.~~~---_.----_.~
Bakersfield, California, November 30, 2005 - Page 12
10.
PUBLIC STATEMENTS
ACTION TAKEN
a. George Sturges, Jr., Shane Ellis, Art Powell, John
Harman, Raul Sanchez, William Andrews and Jerry
Shipman spoke regarding the municipal airpark.
Assistant City Manager Christensen made staff
comments.
Motion by Councilmember Carson to authorize
submission of the request to the FAA with
clarification in language; regarding reimbursement of
monies upon closure of airport.
APPROVED
Vice-Mayor Maggard stated for the record: "We on the
Council are committed to redevelopment and to
causing our community to grow and to prosper.
However, if indeed this is declined, we could come
back and try to invest in this operation."
15. REPORTS
b. Emergency preparedness.
Chief Fraze gave a computer presentation and
provided handouts.
Vice-Mayor Maggard requested staff provide
information regarding whether or not hospitals within
the City are located in the flood plane and if this is the
case analyze the feasibility of building a hospital
outside the flood plane.
Councilmember Benham requested staff provide
information regarding severe flooding in the delta and
whether such flooding could affect the Bakersfield
area.
16. DEFERRED BUSINESS
a.
Ward Reapportionment Process.
DELETED
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested damaged solar
panels on the emergency phones at the entrance to
Yokuts park be repaired/replaced and check the same
equipment at the par course.
Bakersfield, California, November 30, 2005 - Page 13
18.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Benham requested the response, if
any, to a letter that was directed to Water Resources
Director Core.
Councilmember Couch requested staff investigate
sponsoring a 4th of July show at the Park at Riverwalk.
Councilmember Couch requested Assistant City Manager
Christensen call him.
Councilmember Couch made comments regarding the 'h
cent sales tax on the November 2006 ballot; encouraged
other cities in the county to implement development impact
fees and expressed support for proceeds from sale of the
City Farm be dedicated primarily for street and road
projects.
Councilmember Couch requested staff investigate
means of removing proceeds from the sewer enterprise
funds for utilization in road improvements and safety
services; additionally involve voters in determining use
of proceeds.
Councilmember Couch requested City Attorney, City
Clerk and City Manager report at the next Council
meeting what actions are necessary by the Council and
what mechanisms need to be in place to direct the use
of proceeds from sale of the City Farm to ensure funds
are used as deemed necessary by Council; additionally
report on whether Council can place the issue before
voters and the outcome be binding and what
requirements must be met to place the issue on the
ballot.
Councilmember Carson thanked the City Attorney for
cooperation in abating train noise; requested staff
advise citizens complaining about noise to obtain train
numbers and record times to determine whistle
blowing patterns and report findings to Police or the
City Attorney's office.
Councilmember Carson requested staff explore options
for repayment of sewer connection fees.
Vice-Mayor Maggard made comments regarding the
Rescue Mission being in need of funding.
ACTION TAKEN
Bakersfield, California, November 30,2005 - Page 14
18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Vice-Mayor Maggard made comments regarding train
noise and requested staff investigate the impact of
train noise in other cities and explore ways to
implement a grass roots movement to overturn the
legislation requiring trains to blow horns at all street
crossings.
Vice-Mayor Maggard requested Public Works Director
Rojas provide an update at the next meeting regarding
road issues at Hwy. 178 and Fairfax, Hwy. 178 and
Miramonte and Hwy. 178 and the City in the Hílls.
Vice-Mayor Maggard endorsed Councilmember Couch's
comments regarding the Y:i cent sales tax.
Vice-Mayor Maggard provided an update on the light on the
Fox Theater and announced Walt Cook, one of the
clockmakers passed away last week.
Councilmember Sullivan acknowledged various non-profit
organizations and particularly the Salvation Army and
encouraged staff and citizens to volunteer as bell ringers.
Council member Sullivan made comments about World Aids
Day.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:15 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield