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BAKERSFIELD CITY COUNCIL
AGENDA
FEBRUARY 8, 2006
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. INVOCATION by Councilmember Carson.
3. PLEDGE OF ALLEGIANCE by Vice-Mayor Maggard.
4. PUBLIC STATEMENTS
5. CONSENT CALENDAR
(Ward 3)
(Ward 4)
(Ward 3)
Minutes:
a. Approval of minutes of the January 25, 2006, Regular City Council Meeting.
Payments:
b. Approval of department payments from January 14, 2006 to January 26, 2006 in the
amount of $7,477,027.27 and self insurance payments from January 14, 2006 to January
26,2006 in the amount of $172,167.79.
Ordinances:
c. Business & Commercial Zoning Ordinances:
1. First Reading of Ordinance amending Sections 17.25.040, 17.25.050, 17.25.080 and
17.25.090 of the Municipal Code relating to the CoB (Central Business) zone district.
2. First Reading of Ordinance amending Sections 17.26.010, 17.26.020, 17.26.050,
17.26.070, 17.26.080 and 17.26.090, and repealing Section 17.26.011 of the
Municipal Code relating to the C-C (Commercial Center) zone district.
First Reading of Ordinance adopting a Negative Declaration and amending Section
17.060.020 (Zone Map No.1 04-08) of Title 17 of the Municipal Code by changing the zoning
from R-S-2.5A (Residential Suburban - 2.5 acres) to R-1 (One Family Dwelling) on 34.982
acres generally located at the northeast corner of Vineland Road and Paladino Drive.
(Applicant: The Monarch Affiliates) (File No. 05-1190)
d.
e.
Adoption of Ordinance adopting a Negative Declaration and amending Section 17.06.020
(Zone Map NO.1 03-15) of Title 17 of the Municipal Code by changing the zoning from A
(Agriculture) to M-2 (General Manufacturing) on approximately 52.99 acres of land currently
located in the unincorporated area of the County of Kern at 5500 Landco Drive generally
located on the west side of Highway 99, south of Olive Drive. (Mcintosh & Associates - File
05-1575) (FR 1/25/06)
Adoption of Ordinance adopting a Negative Declaration and amending Section 17.060.020
(Zone Map NO.1 03-15) of Title 17 of the Municipal Code by changing the zoning from CO
(Professional and Administrative Office) to C-1 (Neighborhood Commercial) on 0.61± acres
located on the northwest corner of Columbus Street and Vassar Street. (Cast Harbor
Properties) (File 05-1658) (FR 1/25/06)
f.
5. .CONSENT CALENDAR continued
(Ward 6)
(Ward 7)
(Ward 1)
(Ward 7)
(Ward 3)
(Ward 3)
(Ward 1.3,4,5) n.
Resolutions:
Resolution authorizing the execution of a standard agreement or other documents to secure
a Workforce Housing Reward Grant from the California Department of Housing and
Community Development for the proposed Regional Sports Park located along Taft Highway.
h. Street Preventative Maintenance Program:
g.
i.
1. Resolution determining that two (2) asphalt patcher trucks cannot be reasonably
obtained through the usual bidding procedures because of the urgent need to procure
equipment to respond and repair the potholes caused by street deterioration and
authorizing the Finance Director to dispense with bidding therefore, not to exceed
$250,000.00.
2. Appropriate $125,000.00 Equipment Fund balance to the Public Works Department's
operating budget within the Equipment Management Fund to purchase one (1) of the
patcher trucks scheduled for replacement.
3. Appropriate and transfer $125,000.00 General Fund balance to the Public Works
Department's operating budget in the Equipment Management Fund to purchase one
(1) additional patcher truck.
Resolution of Intention No. 1430 to add territory, Area 5-21 (South H, Hosking SE #2) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
Resolution of Intention No. 1431 to add territory, Area 5-22 (Cottonwood, Watts SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
Resolution of Intention No. 1432 to add territory, Area 5-23 (S. Union, Hosking SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
Resolution of Intention No. 1433 to add territory, Area 4-45 (Valley, Paladino NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
Resolution of Intention No. 1434 to add territory, Area 4-46 (Kern Canyon, Chase N) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
Agreements:
j.
k.
I.
m.
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with McMillin Capella, LLC for Tract 5966
Unit 5, located south of Meacham Road and west of Campfire Drive.
2. Final Maps and Improvement Agreements with ADH Corporation, for Tract 6132
Phases 1 & 2, located south of State Route 58 and west of South Oswell Street.
3. Final Maps and Improvement Agreements with Beazer Homes Holding Corporation
for Tract 6320 Phases 1, 2 & 3 located north of Panama Lane, east and west of
Windermere Street.
4. Final Maps and Improvement Agreements with D. R. Horton Los Angeles Holding
Company, Inc. for Tract 6406 Phases 1, 2 & 3 located north of City Hills Drive and
east of Vineland Avenue.
2
(Ward 3)
(Ward 1)
(Ward 2)
(Ward 4)
(Ward 1)
(Ward 4)
(Ward 6)
5. CONSENT CALENDAR continued
o.
Agreement with Um and Nascimento Engineering Corporation ($787,169.86) for
construction management services for North Chester Avenue Bridge (Southbound) over the
Kern River (Replacement) Project.
Amendment NO.1 to Agreement No. 05-228 with Kern Affordable Housing, Inc. (KAH) for the
rehabilitation of the Park Real Apartment complex to revise U. S. Department of Housing and
Urban Development Department mandated language for the agreement, deed of trust and
declaration of restrictions.
p.
q.
Amendment NO.3 to Agreement No. 98-258 with SMG and California State University,
Bakersfield (CSUB) to play men's basketball games at Rabobank Arena.
Contract Change Order NO.5 to Agreement No. 04-338 with S.C. Anderson, Inc. ($2,713.14
decrease; for a revised not to exceed of $2,808,555.84) for the Park at River Walk (Building
Improvement Contract).
r.
Bids:
s. Accept bid from IBM Direct ($43,000.43) for replacement IBM servers and related
equipment.
Miscellaneous:
Appropriate $280,000.00 from available fund balance from the Southeast Bakersfield
Redevelopment Project Area Operating Fund to the Redevelopment Capital Improvement
Budget for property acquisition - Q Street Housing Project/Mill Creek South - 1400 Q Street.
u. Appropriate $450,000.00 Solid Waste Fund balance to the Public Works Department
Operating Budget for additional greenwaste, refuse and recycling containers to meet
unanticipated increase in service demand.
t.
v. Revised job specifications for Code Enforcement Officer 1/11.
Consent to Common Use and Grant of Easement agreement with Kern Delta Water District
for a canal crossing of Panama Lane between Buena Vista Road and Allen Road.
Staft recommends adoption of Consent Calendar items a through w.
w.
6. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider General Plan Amendment/Zone Change 04-1344; Maurice
Etchechury, representing Old River Land Company (property owner), has applied for a
general plan amendment on 85.60 acres located at the northeast corner of McCutchen Road
and Ashe Road. (Staff recommends adoption of resolution and give first reading to ordinance)
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 85.60 acres.
2. First Reading of Ordinance approving the negative declaration and amending Title 17
of the Municipal Code and Zoning Map No. 123-27 from A (Agriculture) to R-1 (One
Family Dwelling) on 85.60 acres.
3
_..._.---.~~-.._.._~--_.,-
6. CONSENT CALENDAR HEARINGS continued
(Ward 7)'
(Ward 6)'
(Ward 4)'
~ - upon annexation
b.
Public Hearing to consider General Plan Amendment/Zone Change 05-0425; Marino
Associates, representing Hughes Partners, LLC, Joyce Anne Weingarden, Emma Sandrini,
Robert C. Allan and Ada M. Allan Family Trust, John W. Weingarden, Nancy Jane
Weingarden, property owners, has applied for a general amendment on 54.42 acres located
south of Taft Highway, between Hughes Lane and Wible Road. (Staff recommends adoption
of resolutions and give first reading to ordinance)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from ER (Estate Residential) and
LMR (Low Medium Density Residential) to LR (Low Density Residential) and UER
(Urban Estate Residential) on 56.64 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 142-01 from E (Estate) to R-1 (One
Family Dwelling) on 21.11 acres, from E-1A (Estate 1 du/acre) to R-1 on 11.45 acres,
from A (Agriculture) to R-S (Residential Suburban) on 19.69 acres, and from A to C-2
(Regional Commercial) on 4.39 acres.
3. Resolution approving the Negative Declaration and adopting the cancellation of the
Williamson Act Contract on 22.5 acres.
c.
Public Hearing to consider General Plan Amendment/Zone Change 05-0426; The Monarch
Affiliates, representing Paul Schall berger, property owner, has applied for a general plan
amendment on 31.2 acres, located west of Stine Road and south of Taft Highway, east of
the Farmer's Canal. (Staff recommends adoption of resolution and give first reading to
ordinance)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from RR (Rural Residential) to
LR (Low Density Residential) on 31.2 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 142-03 from R-S-20A (Residential
Suburban - 20 acre minimum) to R-1 (One Family Dwelling) on 31.2 acres.
Public Hearing to consider General Plan Amendment/Zone Change 05-0844; Pacific
Engineering, representing M & S Land Company, LLC, property owner, has applied for a
general plan amendment, including establishment of a specific plan line for a portion of
Etchart Road, and zone change on approximately 140 acres located at the southeast corner
of 7th Standard Road and the planned Allen Road alignment (future). (Staff recommends
adoption of resolution and give first reading to ordinance)
d.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-MP (Resource-Mineral and
Petroleum) and SR (Suburban Residential) to SI (Service Industrial), LI (Light
Industrial) and SR (Suburban Residential) on approximately 140 acres and
establishing a specific plan line for the eastern portion of the Etchart Road segment
traversing the project area.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to M-1
(Light Manufacturing), M-2 (General Manufacturing) and E/PE (Estate One Family
Dwelling/Petroleum Extraction Combining District) on approximately 140 acres.
4
(Ward 1)'
6. CONSENT CALENDAR HEARINGS continued
e.
Public Hearing to consider General Plan Amendment/Zone Change 05-0926; Jerry L.
Hendricks, representing Charles L. Crowell, property owner, has applied for a general plan
amendment on 22.32 acres, located at the southwest corner of East Berkshire Road and
Madison Street. (Staff recommends adoption of resolution and give first reading to
ordinance)
(Ward 4)'
(Ward 6)'
(Ward 4)'
* - upon annexation
f.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on 22.32 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to R-1
(One Family Dwelling) on 22.32 acres.
Public Hearing the consider General Plan Amendment/Zone Change 05-0931;
SmithTech/USA, Inc., representing Oak Tree Development Co., Inc., property owner, has
applied for a general plan amendment on 80 acres located north of Snow Road generally
between Coffee Road and Calloway Drive, south of Etchart Road. (Staff recommends
adoption of resolution and give first reading to ordinance)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from SR (Suburban Residential)
to LR (Low Density Residential) on 80 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map NO.1 02-05 from A (Agriculture) to R-1
(One Family Dwelling) on 80 acres.
Public Hearing to consider General Plan Amendment/Zone Change 05-0933;
SmithTech/USA, Inc., representing the Pascoe Family Investments, LLC, property owner,
has applied for a general plan amendment on 59.2 acres, located north of McCutchen Road
and east of Gosford Road. (Staff recommends adoption of resolution and give first reading to
ordinance)
g.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from R-IA (Resource Intensive
Agriculture) to LR (Low Density Residential) on 52.56 acres and R-IA to LI (Light
Industrial) on 6.64 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 123-28 from A (Agriculture) to R-1
(One Family Dwelling) on 52.56 acres and A to M-1 (Light Manufacturing) on 6.64
acres.
h.
Public Hearing to consider General Plan Amendment/Zone Change 05-0936;
SmithTech/USA, Inc., representing Ralph B. Simons, property owner, has applied for a
general plan amendment and zone change on approximately 19.3 acres located at the
southeast corner of Etchart Road (future) and Jewetta Avenue (future). (Staff recommends
adoption of resolution and give first reading to ordinance)
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 approximately 19.3 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 102-06 from A (Agriculture) to R-1
(One Family Dwelling) on approximately 19.3 acres.
5
6. CONSENT CALENDAR HEARINGS continued
(Ward 4)'
(Ward 6)'
(Ward 7)
(Ward 3)
. ~ upon annexation
i.
Public Hearing to consider General Plan Amendment/Zone Change 05-0937;
SmithTech/USA, Inc., representing Martin Etcheverry, property owner, has applied for a
general plan amendment and zone change on approximately 18.7 acres located on the east
side of Jewetta Avenue (future) approximately 660 feet south of Etchart Drive (future). (Staff
recommends adoption of resolution and give first reading to ordinance)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource Intensive
Agriculture) and SR (Suburban Residential) to LR (Low Density Residential) on
approximately 18.7 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map NO.1 02-06 from A (Agriculture) to R-1
(One Family Dwelling) on approximately 18.7 acres.
Public Hearing to consider General Plan Amendment/Zone Change 05-0938; SmithTech
USA, Inc., representing Nelson Robert D. & Darin C. Revocable Trust, property owners, has
applied for a general plan amendment on 80 acres, located west of Gosford Road, generally
between McCutchen Road and Taft Highway. (Staff recommends adoption of resolution and
give first reading to ordinance)
j.
k.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from R-IA (Resource Intensive
Agriculture) to LR (Low Density Residential) on 80 acres and changing the Circulation
Map to eliminate Progress Road as a collector segment along the project site to Taft
Highway.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 123-32 from A (Agriculture) to R-1
(One Family Dwelling) on 80 acres.
Public Hearing to consider General Plan Amendment 05-1199; Marino/Associates,
representing Patrick Padilla, property owner, has applied for a general plan amendment on
approximately 2.5 acres located on the north side of Panama Lane approximately 300 feet
east of South H Street. (Staff recommends adoption of resolution)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential) to
HMR (High Medium Density Residential) on approximately 2.5 acres.
Public Hearing to consider General Plan Amendment/Zone Change 05-1437; Porter-
Robertson Engineering & Surveying, representing the Marion & Shirley Collins Family
Limited Partnership, property owner, has applied for a general plan amendment and zone
change on 40.24 acres (Mesa Marin Raceway) located on the north side of Kern Canyon
Road (State Highway 184), approximately 2,000 feet southwest of the Kern Canyon
Road/State Highway 178 intersection. (Staff recommends adoption of resolution and give first
reading to ordinance)
I.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from MUC (Mixed Use Commercial)
to LR (Low Density Residential) on 7.89 acres and from HMR (High Medium Density
Residential) to LR on 0.29 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map NO.1 04-20 from R-S-2.5A (Residential
Suburban 2.5 acre minimum lot size) to R-1 (One Family Dwelling) on 40.24 acres.
6
(Ward 3)
6. CONSENT CALENDAR HEARINGS continued
m.
Public Hearing to consider General Plan Amendment 05-0953; Quad Knopf, representing
East Hills Community Development, has proposed an amendment to the Circulation Element
of the Metropolitan Bakersfield General Plan and adoption of a Specific Plan Line for
Brentwood Drive. (Staff recommends adoption of resolution)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment of a Specific Plan Line for Brentwood Drive.
Public Hearing to consider General Plan Amendment 05-1287; Porter-Robertson
Engineering & Surveying, representing Arnold Petit c/o Ed Coyne, has proposed an
amendment to the Circulation Element of the Metropolitan General Plan and adoption of a
Specific Plan Line for Chase Avenue. (Staff recommends adoption of resolution)
1. Resolution approving the Negative Declaration and adopting the General Plan
Circulation Amendment for Chase Avenue Specific Plan Line.
(Ward 3)
(30 min)
7.
(Ward 1)
n.
o. Public Hearing to consider General Plan Amendment to the Noise Element No. 05-1319; The
City of Bakersfield has proposed an amendment to the Noise Element of the Metropolitan
Bakersfield General Plan reiated to noise generated by mobile sources. (Staff recommends
adoption of resolution)
1. Resolution making findings, adopting proposed amendment to the Noise Element of
the Metropolitan Bakersfield General Plan (File No. 05-1319).
RECESS
HEARINGS
a.
Public Hearing to consider General Plan Amendment/Zone Change 04-0410; Pinnacle
Engineering, representing Tim Denari of BVGG LLC, property owner, has appealed the
Planning Commission's decision denying their request for a general plan amendment on
approximately 110 acres, generally located at the southeast corner of Cottonwood Road and
Casa Lama Drive.
1. Resolution approving the appeal and approving the Negative Declaration and
adopting the general plan amendment by changing the land use designation from SR
(Suburban Residential), OS-P (Open Space-Parks) and P (Public Facilities) to LR
(Low Density Residential) on approximately 110 acres.
2. First Reading of Ordinance approving the appeal and approving the Negative
Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-
09 from A (Agriculture), R-S (Residential Suburban) and OS (Open Space) to R-1
(One Family Dwelling) on approximately 110 acres.
Staff recommends adoption of resolution and give first reading of ordinance.
7
7. HEARINGS continued
(Ward 6)'
(Ward 3)
* - upon annexation
b.
Public Hearing to consider General Plan AmendmentlZone Change 04-1746; Centex Homes
by Mcintosh & Associates for the Hershel and Clarissa Moore Living Trust, property owner,
has applied for a general plan amendment and zone change on 186.66 acres. Annexation of
the project area into the City is proposed. The project area is generally 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. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan AmendmentlZone Change No. 04-1746/Annexation
No. 477.
c.
2. Resolution adopting the general plan amendment changing the land use designations
from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 80.07
acres, from RR (Rural Residential) to LR on 37.06 acres, and from RR to LMR (Low
Medium Density Residential) on 69.53 acres.
Public Hearing to consider General Plan Amendment/Zone Change 05-1063; S & J Alfalfa
Companies, has proposed a general plan circulation element amendment and zone change
for property generally bounded by State Highway 178 on the north, Morning Drive to the
west, Vineland Road to the east and College Avenue to the south, for the purposes of
developing single family residences. (Staff recommends adoption of resolutions and give first
reading to ordinance)
1. Resolution certifying the Final Environmental Impact Report for SKY 19 Development
General Plan Amendment/Zone Change No. 05-1063.
2. Resolution approving a general plan amendment to change the Circulation Element
to eliminate a north-south collector street along the mid-section line of Section 19 and
re-align a separate collector (Highland Knolls Drive) between Morning Drive and
Vineland Avenue shown on the Circulation Plan.
3. First Reading of Ordinance approving an amendment to Title 17 of the Municipal
Code from R-1 (One Family Dwelling) to R-1/PUD (One Family Dwelling/Planned Unit
Development) on 574 acres.
8. COUNCIL AND MAYOR STATEMENTS
9. ADJOURNMENT
2/2/068:42am
"Z:;:ti0
Alan Tandy
City Manager
8
AGENDA HIGHLIGHTS
FBRUARY 8, 2006 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
CONSENT CALENDAR
Ordinances
Item 5c. First Readino of Ordinances Amendino the Municioal Code relatino to CoB (Central Business) and C-
C (Commercial Center) Zone Districts. The CoB and C-C zones are currently applied within downtown areas
and are the only zoning districts that permit mixed commercial and residential development. The proposed
amendments increase opportunities to use the C-C zone in other areas by removing the requirement for
adoption of a specific plan. Other minor changes are necessary for consistent application of the regulations.
The Planning Commission unanimously approved the revisions at their meeting onJanuary 5, 2006.
Item 5d. First Readino of Ordinance Amendino the Municioal Code bv Chanoino the Zonino from R-S-2.5A
(Residential Suburban - 2.5 Acres) to R-1 on 34.982 Acres Located at the Northeast Corner of Vineland Road
and Paladino Drive. The purpose of the request is to make the zone designation consistent with the General
Plan Land Use designation of LR (Low Density Residential). On December 1, 2005, the Planning Commission
held a public hearing concurrent with Vesting Tentative Tract Map 6622 consisting of 137 single-family lots.
No one spoke in opposition to the zone change at the hearing; however there were 3 residents near the tract
that expressed concerns, and a Bureau of Land Management representative who opposed the tract being
developed without a drill island. After discussion by the Planning Commissioners, the tentative tract and the
zone change were approved 5-0 with one Commissioner absent.
Resolutions
Item 5h. Resolution Authorizino the Finance Director to DisDense with the Biddino Process to Purchase Two
Asohalt Patcher Trucks to Reoair Potholes in an amount not to exceed $250.000. One asphalt patcher truck is
a mid-year replacement for a high maintenance truck that is currently in use, and the other is an additional
truck that would allow the Street Maintenance Division to assign a crew to handle public complaints that are
reported on the "Pothole Hotline" in a timely manner. Funds for the additional truck are available as a result of
higher than expected sales tax revenues.
Acquiring these two asphalt patcher trucks early in the season would allow staff to repair more potholes during
the upcoming year. Should the normal bidding process be used, the turnaround time would be approximately
nine months. Therefore, staff recommends that the Council find that the purchase of both pieces of equipment
can only be reasonably obtained from one vendor. PB Loader has these two trucks in stock now; thus the City
could take immediate delivery.
Aareements
Item 50. Construction Manaaement Services Aoreement with Lim and Nascimento Enoineerino Corooration
for North Chester Avenue Bridoe (Southbound) over the Kern River (Reolacement) Proiect in the amount of
$787.169.86. Due to the complexity and duration of North Chester Avenue Bridge (Soutbound) over the Kern
River (Replacement) project, a full time construction manager and up to three inspectors are required to
inspect daily construction activities. Public Works Construction Division does not currently have the staff to
provide the necessary inspection services. In addition, the Construction Management Services Agreement
includes full survey and geotechnical services.
Agenda Highlights
February 8, 2006
Page 2
On October 20, 2005, the City received Statements of Qualifications from three firms. Lim and Nascimento
Engineering Corporation was selected based on their combination of qualifications and fee proposal being the
most favorable to the City. Funding for this Construction Management Services is 80% Federal Funds and
20% Transportation Development Funds. Sufficient funds are budgeted to cover this Agreement.
Item 5q. Amendment No.3 to Aoreement No. 98-258 with SMG and California State University. Bakersfield
(CSUB\ to Play Men's Basketball Games at Rabobank Arena. On November 1, 1998, CSUB entered into an
agreement whereby the men's basketball home games and post season home games would be played at the
Arena. On September 7, 2001 CSUB exercised its first option for a five-year renewal. CSUB has exercised its
option to renew the agreement for a second term of five years, with the term extending through June 30, 2011.
Additionally, this amendment provides that with the addition of the NBADL, CSUB will play 11 home games
instead of 17; however, once CSUB moves up to Division I, they will be given the option to play all home
games at the Arena. We are pleased to be able to bring back CSUB to Raboank Arena for another five years.
Miscellaneous
Item 5t. Approoriate $280.000 from Available Fund Balance from the Southeast Bakersfield Redevelopment
Proiect Area Operatino Fund to the Redevelopment Capital Improvement Budoet for Property Acouisition for
the Q Street Housino Proiect at Mill Creek South - 1400 Q Street. This request is necessary to provide
additional funds for the acquisition of 1400 Q Street. This property is required for ''The 'Q' Street Housing
Project" which is located across the street from the planned urban entertainment project "City Place" and is
surrounded by the commercial component of the "South Mill Creek Mixed Use Redevelopment Project". The
property is currently under condemnation proceedings and an updated appraisal was recently completed
indicating the property has a value of $280,000. Negotiations for the value settlement of this property
acquisition continue, but this amount must be paid as a requirement of the civil condemnation case. This
property is a key component in the redevelopment of both Mill Creek South and City Place. This is a part of
the project for which we just received notice of $4.0 million in grants and loans from the federal government.
Item 5u. Aporopriate $450.000 Solid Waste Fund Balance to the Public Works Department's Operatino
Budoet for Additional Greenwaste. Refuse. and Recyclino Containers to Meet the Unanticipated Increase in
Service Demand. The bid to purchase refuse, greenwaste and recycling containers from Rehrig Pacific
Company was approved by City Council on August 17, 2005. The quantities for refuse and greenwaste
containers purchased were sufficient to meet the budget estimate based on recent years' growth. However, an
unforeseen surge in new services during FY 2005-2006 has depleted the supply of containers available for
distribution. To provide timely services to City residents for the rest of the fiscal year, the City needs to
purchase 2,800 greenwaste carts, 2,050 refuse carts, and 450 blue recycling carts.
CONSENT CALENDAR HEARINGS
The Planning Commission conducted public hearings on Items 6a. - 61. on December 15,
2005 and recommended approval to the City Council. No individuals or agencies present
at the hearings opposed the requests and the applicants agreed to all conditions and
mitigation for the projects.
Item 68. General Plan Amendment on 85.60 Acres Located at the Northeast Corner of McCutchen Road and
Ashe Road. Maurice Etchechury, representing Old River Land Company, the property owner, applied for this
amendment to permit the development of single-family residential units. Although close to the City's
Wastewater Treatment Facility No.3, the project is not within the City established 'A mile setback for odor
sensitive land uses.
Item 6b. General Plan Amendment on 54.42 Acres Located South of Taft Hiohway. between Huohes Lane
and Wible Road. Marino Associates, representing Hughes Partners, LLC, A California Limited Liability
Company, Joyce Anne Weingarden, Emma Sandrini, Robert C. Allan and Ada M. Allan Family Trust, John W.
Agenda Highlights
February 8, 2006
Page 3
Weingarden, Nancy Jane Weingarden, the property owners, applied for this amendment to permit the
development of commercial and residential uses. Although there was no opposition to the request at the
hearing, staff did receive several letters in opposition to the project prior to the meeting citing traffic congestion,
air quality issues and smaller lot sizes for the project. Staff contacted those individuals sending letters and
responded to their concerns.
Item 6e. General Plan Amendment on 31.2 Acres Located West of Stine Road. South of Taft Hichwav. and
East of the Farmers Canal. The area is currently in the process of annexation. The Monarch Affiliates,
representing Paul Schall berger, the property owner, applied for this amendment to allow for the development
of approximately 138 single-family residential units once annexation is complete. Currently, the land use and
zoning on the project site allows for residential uses on very large lots. This proposal raises the density of
residential uses to take advantage of sanitary sewer service.
Item 6d. General Plan Amendment. includinc Establishment of a Specific Plan Line for a ~ortion of Etchart
Road. and Zone Chance on Approximatelv 140 Acres Located at the Southeast Corner of 7' Standard Road
and the Planned Allen Road Alionment (future). The area is currently in the process of annexation. Pacific
Engineering, representing M & S Land Company, LLC, the property owner, has applied for this amendment to
allow for the development of approximately 220 single-family homes and 355,510 square feet of light industrial
and general manufacturing uses, as well as continued petroleum operations once the annexation is complete.
The establishment of a specific plan line is proposed due to the presence of an active oil well within the
planned roadway alignment and is necessary to ensure compliance with the 75-foot setback requirement
between oil wells and dedicated public street rights-of-way pursuant to the Municipal Code.
Item 6e. General Plan Amendment on 22.32 Acres Located at the Southwest Corner of East Berkshire Road
and Madison Street. The area is currently in the process of annexation. Jerry L. Hendricks, representing
Charles L. Crowell, the property owner, applied for this amendment to allow for the development of
approximately 93 single-family residential units once the annexation is complete.
Item 6f. General Plan Amendment on 80 Acres Located North of Snow Road. Generallv between Coffee Road
and Callowav Drive. South of Etchart Road. SmithTech/USA Inc., representing Oak Tree Development Co.,
Inc., the property owner, applied for this amendment to permit the development of single-family residential
uses.
Item 6g. General Plan Amendment on 59.2 Acres Located North of McCutchen Road and East of Gosford
Road. SmithTech/USA, Inc., representing the Pascoe Family Investments, LLC, the property owner, applied
for this amendment to permit the development of single-family residential units on 52.56 acres and industrial
uses on 6.64 acres. A small portion of the site is proximate to the nearby sewer treatment plant (less than %
mile); this portion of the site is proposed for light manufacturing as no odor sensitive uses are permitted within
a y.. mile of the sewer treatment plant.
Item 6h. General Plan Amendment and Zone Chanoe on ADProximatelv 19.3 Acres Located at the Southeast
Corner of Etchart Road (future) and Jewetta Avenue (future). The area is currently in the process of
annexation. SmithTech/USA, Inc., representing Ralph B. Simons, the property owner, applied for this
amendment to allow for the development of approximately 90 single-family residential units once annexation is
complete.
Item 6;. General Plan Amendment and Zone Chanoe on Approximatelv 18.7 Acres Located on the East Side
of Jewetta Avenue (future\. Approximatelv 660-feet South of Etchart Drive (future\. The area is currently in the
process of annexation. SmithTech/USA, Inc., representing Martin Etcheverry, the property owner, applied for
the amendment to allow for the development of approximately 85 single-family residential units once
annexation is complete.
Agenda Highlights
February 8, 2006
Page 4
Item 6j. General Plan Amendment on 80 Acres Located West of Gosford Road. Generallv Between
McCutchen Road and Taft Hiahwav. SmithTech/USA Inc., representing Nelson Robert D. & Darin C.
Revocable Trust, the property owners, applied for this amendment to permit the development of residential
uses. The proposal also includes the elimination of Progress Road (along the western boundary of the project
site to Taft Highway) from a collector to a local street. Progress Road is adjacent to and parallel with existing
railroad tracks, which are used and will remain. Due to the distance between the railroad line and the project
site, the project site will not have direct access to Progress Road; therefore, Progress Road will not function as
a collector. Progress Road has already been eliminated as a collector road north of the project site as part of
approvals for other developments
Item 6k. General Plan Amendment on ADDroximatelv 2.5 Acres Located on the North Side of Panama Lane.
ADDroximatelv 300 Feet East of South H Street. This project is an "infill" project because it is completely
surrounded by existing development. Marino/Associates, representing Patrick Padilla, the property owner,
applied for this amendment to permit the development of multi-family residential housing. The existing zoning
permits the construction of multi-family residential development; but the current land use designation only
permits the development of single-family residential. The applicant's proposal brings consistency between the
two.
The Planning Commission conducted a public hearing on December 1, 2005. Concerned property owners,
Francisco Hoerta and Larry Barrios, representing the Springbrook Homeowners Association, spoke in
opposition to the project as presented. The matter was continued to December 15, 2005 to give the applicant
and residents an opportunity to work out an agreement. The matter was settled when the Springbrook
Homeowners Association and the applicant agreed upon four additional conditions.
Item 61. General Plan Amendment and Zone Chanae on 40.24 acres (Mesa Marin Racewav) Located on the
North Side of Kern Canvon Road (State Hiahwav 184), ADDroximatelv 2.000 Feet Southwest of the Kern
Canvon Road/State Hiahwav 178 Intersection. Porter-Robertson Engineering & Surveying, representing the
Marion & Shirley Collins Family Limited Partnership, the property owner, has applied for this amendment and
zone change to allow for the development of approximately 173 single-family residential units. Conditions of
approval and mitigation measures which address air quality, biological resources, cultural resources,
hazardous materials, noise, traffic, and Mesa Marin Sports Complex adjacency impacts are recommended as
part of the project approval.
Item 6m. Amendment to the Circulation Element of the General Plan and Adoption of a Specific Plan Line for
Brentwood Drive between Niles Street and Colleae Drive. Quad Knopf, for East Hills Community
Development, applied for this amendment. The applicant's proposed alignment of Brentwood Drive was found
to be infeasible because of technical problems. Public Works proposed an alternative alignment which
necessitates a reconfiguration of the Brentwood sump. The property owners to the west of the sump will
prepare a drainage study after which the property owners to the north will, based upon this information,
prepare a legal description and a plat for the Specific Plan Line. Based on this recommendation by Public
Works, the Planning Commission adopted the amendment, with approval of the Specific Plan Line for
Brentwood Drive to be considered after completion and evaluation of a drainage study on the Brentwood
sump. All property owners along the alignment were notified of the change and none were in opposition to the
project. No one spoke in opposition to the proposal at the Planning Commission hearing on December 1, 2005
and the project was approved by unanimous vote of the Commission.
Item 6n. Amendment to the Circulation Element of the General Plan and Adoption of a Specific Plan Line for
Chase Avenue. Porter-Robertson Engineering & Surveying, for Arnold Petit c/o Ed Coyne, requested a
change in the alignment of Chase Avenue to reduce the impacts to several proposed projects in northeast
Bakersfield. The current and proposed alignment provides east to west circulation in an area slated for
significant urbanization. All property owners along the alignment were notified of the change and none were in
opposition to the project. No one spoke in opposition to the proposal at the Planning Commission hearing on
December 1, 2005 and the project was approved by unanimous vote of the Commission.
Agenda Highlights
February 8, 2006
Page 5
Item 60. Amendment to the Noise Element of the General Plan Related to Noise Generated bv Mobile Sources.
The City proposes text changes to clarify ambiguous language and clearly define a project's noise impacts from
mobile sources (ex., vehicle traffic) on existing sensitive receptors and a project's contribution to a cumulative
noise impact. The proposed clarification provides tangible and measurable noise level increases in determining
whether there is a potential significant noise impact on existing noise-sensitive receptors, and on a cumulative-
level basis. No one spoke on this proposal during the December 1, 2005 Planning Commission hearing. The
Planning Commission recommended approval of the text changes.
Council will take a brief recess fQllowina the comDletion of the Consent Calendar Hearinas
HEARINGS
Item 7a. General Plan Amendment on Aooroximatelv 110 Acres Generallv Located at the Southeast Corner of
Cottonwood Road and Casa Lama Drive. This amendment would permit the development of residential uses.
The site is currently a fully developed and operational golf course (Pepper Tree Golf Course). The Planning
Commission voted 3-2 vote for project approval which means the project was denied by Operation of Law (did
not receive 4 affirmative votes). Commissioner Spencer was concerned regarding the loss of the only golf
course in the southeast Bakersfield area. Commissioner McGinnis was concerned this action might set a
precedent for other golf course closures in the City. Pinnacle Engineering, representing Tim Denari of BVGG
LLC, the property owner, appealed the decision of the Planning Commission. No one else was in opposition to
the request and the applicant agreed to all conditions and mitigation for the project.
There has been significant entitlement activity along Cottonwood Road and several residential projects have
recently been approved in the general vicinity. The project site will continue to have a buffer with the arterial
(Casa Lama Drive) between it and the M-2 zoned property to the north. Although close to the City sewer
treatment facility, the project is not within the City established % mile setback for odor sensitive land uses. The
proposal would allow the development to receive City services for the future residential subdivision of the site.
Item 7b. General Plan Amendment and Zone Chanoe on 186.66 Acres Generallv Located North and South of
Taft Hiohwav eState Route 119\ between Ashe Road on the West and Future Mountain Ridoe Road on the
East. Annexation of the project area is proposed. Centex Homes by Mcintosh & Associates for the Hershel
and Clarissa Moore Living Trust, the property owner, proposes the development of approximately 874 single-
family residential units once annexation is complete.
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 May 3, 2005, an adequacy
hearing to receive comments on the Draft EIR on October 20, 2005, and a hearing on the Final EIR on
December 15, 2005, when the Final EIR was recommended for certification.
The project site is not under a Williamson Act Contract. Approximately 81 acres of the project site are
designated R-IA (Resource-Intensive Agriculture). The loss of less than 100 acres represents only 0.006% of
the total amount of land under Williamson Act and Farmland Security Zone contracts in Kern County.
Therefore, the proposed conversion of 81 acres designated R-IA to a non-agricultural use is not considered a
significant impact.
The Planning Commission conducted a public hearing on this general plan amendment/zone change and
recommended approval to the City Council on December 15, 2005. The Sierra Club protests the project based
on their usual concerns.
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Consent Calendar
ITEM: 11.0...
FROM:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
APPROVED
DEPARTMENT HEA¡{)~
CITY ATTORNEY
CITY MANAGER G/A ~
TO:
DATE:
January 27, 2006
SUBJECT: Approval of minutes of the January 25, 2006 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
"
ADMINISTRATIVE REPORT
MEETING DATE: February 08,2006
AGENDA SECTION: Consent Calendar
ITEM: 5, b·
TO:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
~J
6lJ)
FROM:
Nelson K. Smith. Finance Director
DEPARTMENT HEAD
DATE:
January 26, 2006
CITY ATTORNEY
SUBJECT: Approval of department payments from January 14, 2006 to January 26, 2006 in the
amount of $7,477,027.27 and self insurance payments from January 14, 2006 to January
26, 2006 in the amount of $172,167.79.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,649,195.06.
BACKGROUND:
RAR
January 26. 2006. 3:59PM
S:IKimGIForms & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE:
February 8, 2006
AGENDA SECTION: Consent Calendar
ITEM NO: 6.C,.,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
January 31, 2006
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY va
CITY MANAGER ól¿\5
SUBJECT: Business & Commercial Zoning Ordinances:
1. First Reading of Ordinance amending Sections 17.25.040,17.25.050,17.25.080 and
17.25.090 of the Municipal Code relating to the C-B (Central Business) zone district.
2. First Reading of Ordinance amending Sections 17.26.010,17.26.020,17.26.050,
17.26.070,17.26.080 and 17.26.090, and repealing Section 17.26.011 of the Municipal
Code relating to the C-C (Commercial Center) zone district.
RECOMMENDATION:
Staff recommends first reading of the ordinances.
BACKGROUND:
The CoB (Central Business) and C-C (Commercial Center) zones are currently applied within downtown area
and are the only zoning districts that permit mixed commercial and residential development. The proposed
text amendments were initiated to increase opportunities to use the C-C zone in other areas of the city by
removing the requirement for adoption of a specific plan. Other minor changes are also proposed that affect
both zones as they have similarities concerning basic development standards and the amendments are
necessary for consistent application of the regulations.
The Planning Commission unanimously approved the revisions at their meeting of January 5, 2006. The
amendments were distributed to the Building Industry Association, Board of Realtors and Downtown
Business Association but none of these groups made any comments on the changes.
January 31,2006, 11:5OAM
P:\ORD_CEQA\2005 C-B_C-C Zones amendmentslAdministrative Report-1st reading. doc
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Consent
ITEM: 5.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
January 25, 2006
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ¡]7}1J
CITY MANAGER ()7¡)2;
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 R-S-2.5A (Residential Suburban - 2.5 acres) zone to an R-1 (One
Family Dwelling) zone on 34.982 acres generally located at the northeast corner of
Vineland Road and Paladino Drive (Applicant: The Monarch Affiliates)(File No. 05-
1190). rNard 3)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On December 1, 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 R-S-2.5A (Residential Suburban - 2.5 acres) zone to an R-1 (One Family
Dwelling) zone on 34.982 acres located at the northeast corner of Vineland Road and Paladino Drive.
The purpose of the zone change is to have the zone designation consistent with the Generai Plan
Land Use designation of LR (Low Density Residential). The zone change request had a public
hearing concurrent with Vesting Tentative Tract Map 6622 consisting of 137 single family lots.
No one spoke in opposition to the zone change at the Planning Commission hearing; however the
accompanying Vesting Tentative Tract Map 6622 had three residents near the tract that expressed
concerns on the proposed development plans, and a Bureau of Land Management representative
who opposed the tract being developed without a drill island. After discussion by the Planning
Commissioners, the tentative tract and the zone change were approved 5-0 with one commissioner
absent.
The general vicinity is undergoing urbanization. It is expected adjacent property will be developed
pursuant to the residential land uses shown on the General Plan. The proposed zone change is
compatible with the existing land uses.
Staff conducted an initial study that incorporated a biota study and 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.
pelAdmin\2-8-1190
ADMINISTRATIVE REPORT
MEETING DATE: February 8.2006
AGENDA SECTION: Consent
ITEM: 6.e.-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
APPROVED
January 19, 2006
CITY ATTORNEY
CITY MANAGER
~
ð1A~
DEPARTMENT HEAD
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020
(Zone Map No. 103-15) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from A (Agriculture) to M-2 (General Manufacturing) on
approximately 52.99 acres of land currently located in the unincorporated area of the
County of Kern at 5500 Landco Drive; generally located on the west side of Highway
99, south of Olive Drive (Mcintosh & Associates - File # 05-1575) (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading was conducted on January 25, 2006.
On December 1, 2005, the Planning Commission held a public hearing and recommended approval
of this zone change to bring the site into consistency with County of Kern adopted Project No. EA
KM-8-04; Amendment of Zoning Map No. 102-14; Zone Change Case No. 28 and the General Plan
designation of the property.
The project is being proposed to prezone the subject site from A (Agriculture) to M-2 (General
Manufacturing) and to bring this property into consistency with the General Plan and the existing
Kern County Zoning. The site is currently undeveloped. The site is proposed for development of
a retail building.
The City is processing Annexation Application No. 510/01ive Drive #3 to bring approximately 125
acres, which includes the subject property into the City limits. The annexation is expected to be
completed in the spring of 2006.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
An initial study was prepared for Project No. EA KM-8-04; Amendment of Zoning Map No. 102-14;
Zone Change Case No. 28 which was adopted by the County of Kern on March 1, 2005 for the
"----------.--.-
ADMINISTRATIVE REPORT
Page
2
subject property. In accordance with CEQA Section 15162, no further environmental
documentation is necessary because no changes to the project as evaluated by the County of Kern
are proposed, there are no substantial changes in circumstances under which the project will be
undertaken and no new environmental impacts have been identified. Mitigation Measures from the
county processed zone change related to abandoned oil wells have been included in the Conditions
of Approval for this project.
Ip
Admiml2-8-1575.2nd
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent
ITEM: 6. f.
TO
Honorable Mayor and City Council
APPROVED
DATE:
January 20, 2006
CITY ATTORNEY
CITY MANAGER
!f;;ú
.
âl07
FROM:
Stanley C. Grady, Development Services
DEPARTMENT HEAD
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone
Map NO.1 03-15) of Title Seventeen of the Bakersfield Municipal Code by changing the
zoning from a CO (Professional and Administrative Office) zone to C-1 (Neighborhood
Commercial) zone on 0.61± acres located on the northwest corner of Columbus Street
and Vassar Street, (Cat Harbor Properties - File # 05-1658) (Ward 3).
RECOMMENDA TJON:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading was conducted on January 25, 2006.
On November 3, 2005, the Planning Commission held a public hearing and recommended approval
of this zone change to bring the small piece of property into consistency with the remainder of the
parcel. The site contains an existing restaurant which is located on the portion of the property that is
zoned C-1. The portion of the property that is currently zoned CoO is the parking lot for the
restaurant. There are no present plans for expansion or alteration of the existing uses of the
property.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
The project is exempt from the provIsions of the California Environmental Quality Act (CEQA),
pursuant to Section 15061 (b) 3, because the project is an existing site with no planned expansion or
alterations, it does not have the potential for causing significant effect on the environment
Ip
Admin\2-8-1658
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: 6.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY Otic:.
CITY MANAGER cjÌf rz;
FROM:
Donna L. Kunz, Economic Development Director
DATE:
January 31,2006
SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the execution of a
standard agreement or other documents to secure a Workforce Housing Reward Grant
from the California Department of Housing and Community Development for the proposed
Regional Sports Park. (WARD 6)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The California Department of Housing and Community Development (HCD) requires the attached
resolution to be executed by the City in order to apply for grant funds available through the Workforce
Housing Reward Grant Program.
The Workforce Housing Reward Grant Program (WFH) rewards cities and counties that approve
affordable housing. The program was established in 2002 and funded through Proposition 46, the
Emergency Shelter Trust Fund Act. The WFH Program does not use a competitive process to award
funds; all cities who meet eligibility requirements will be funded. The number of applicants and qualified
affordable units will determine the final amount of funds available to cities/counties through the program.
The WFH program grant funds are restricted for use to only capital asset projects that benefit the
community and add to the community's quality of life. The City received grant funds via this program in
2003 for $314,822 (used for The Park at Riverwalk children's playground); and in 2004 for $148,458 (used
for Chester Avenue Streetscape Phase II).
The amount of funds the City could receive will depend on the number of qualified affordable units that the
City can document were permitted during 2005, and how many other cities apply statewide. Staff
anticipates receiving approximately $400,000 in grant funds, with those funds designated to assist in the
development of the City's proposed regional sports park along Taft Highway.
This resolution authorizes city staff to execute the necessary agreements to receive grant funds after the
State determines the amount of the grant funds allocated to City. Attached is a copy of the Standard
Agreement that was executed when the City received these grant funds in 2005.
S:\Admins\City Counci \City Council Admins 2006\Workforce Housing grant 2005 admin.doc
1/31/20068:36 AM
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: 5.h.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~ ./
CITY ATTORNEY ~
CITY MANAGER ~
FROM:
Raul M. Rojas, Public Works Director
DATE:
January 25, 2006
SUBJECT: Street Preventative Maintenance Program - Purchase of Two Asphalt Patcher Trucks:
1. Resolution determining that bidding for two asphalt patcher trucks cannot be reasonably
obtained through the usual bidding procedures because of the urgent need to procure
equipment to respond and repair street potholes caused by street deterioration and
authorizing the Finance Director to dispense with bidding therefore, not to exceed
$250,000.
2. Appropriate $125,000 Equipment Fund balance to the Public Works Department's
operating budget within the Equipment Management Fund to purchase one of the
patcher trucks scheduled for replacement.
3. Appropriate and transfer $125,000 General Fund balance to the Public Works
Department's operating budget in the Equipment Management Fund to purchase one
additional patcher truck.
RECOMMENDATION:
Staff recommends adoption of Resolution, and approval of appropriations
and transfer.
BACKGROUND: One asphalt patcher truck is a mid-year replacement for a high maintenance truck that is
currently in use and the other is an additional truck that would allow the Street Maintenance Division to
assign a crew to handle public complaints that are reported on the "Pothole Hotline" in a timely manner.
This additional asphalt patcher truck will respond strictly to the "Pothole Hotline" complaints/concerns from
the public. Funds for the additional truck are available as a result of higher than expected sales tax
revenues. The asphalt patcher truck that will be replaced will remain in service as a back-up to the new
trucks. Keeping the patcher truck to be replaced in service provides for continuity in service when the
others are in for maintenance.
Acquiring these two asphalt patcher trucks early in the season would allow staff to expedite the process
and repair more potholes during the upcoming year. Therefore, staff recommends that the Council find
that the purchase of both pieces of equipment can only be reasonably obtained from one vendor, (PB
Loader Incorporation, because of their ability to provide quick delivery on both asphalt patcher trucks). If
the patcher trucks went through the normal bidding process, the turnaround time to getting them placed
into service would be approximately 9 months. PB Loader has these two trucks in stock now; thus the City
could take immediate delivery. Staff also recommends that the Council authorize the Finance Director to
dispense with bidding therefore, and to negotiate the purchase of same not to exceed $250,000.
January 31. 2006. 1 :21 PM
G:\GROUPDAnADMINRPTì2006\02-DS\Asphalt Patcher Trucks - Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Consent Calendar
ITEM: 6. i.
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
TO:
DATE:
January 20, 2006
CITY ATTORNEY
CITY MANAGER
'¿:OVED
I~
/?JJ;4
6lus
SUBJECT: Resolution of Intention No. 1430 to add territory, Area 5-21 (South H, Hosking SE #2) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 7).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6551 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 5-21 is generally bounded by Hosking Avenue on the north,
a line approximately 475 feet east of South H Street on the east, a line approximately 1,320 feet south of
Hosking Avenue on the south and South H Street on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot
indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the developer to be recorded. A copy of this covenant
is attached for reference.
mr
January 20. 2006. 9:48AM
MD5-21 Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: 5.i.
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
January 23, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
kL
<Jlo::,
SUBJECT: Resolution of Intention No. 1431 to add territory, Area 5-22 (Cottonwood, Watts SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6522 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 5-22 is generally bounded by Watts Drive on the north, a
line approximately 2,010 feet east of Cottonwood Road on the east, a line approximately 1,320 feet south
of Watts Drive on the south and Cottonwood Road on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the. City to
expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot
indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the developer to be recorded. A copy of this covenant
is attached for reference.
mr
January 23. 2006. 1 0:56AM
MD5-22Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Consent Calendar
ITEM: 5.k.
TO:
Honorable Mayor and City Council
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
January 23, 2006
SUBJECT: Resolution of Intention No. 1432 to add territory, Area 5-23 (S. Union, Hosking SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. 0Nard 7).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6607 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 5-23 is generally bounded by Hosking Road on the north, a
line approximately 1,880 feet east of South Union Avenue on the east,' a line approximately 2,060 feet
south of Hosking Road on the south and a line approximately 1,120 feet east of South Union Avenue on
the west. This area will be under the park and streetscape zones of benefit and will be assigned
appropriate tier levels when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot
indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the developer to be recorded. A copy of this covenant
is attached for reference.
mr
January 23, 2006. 12:08PM
M05·23Ri05.dot
- ~_..- --- ._.._~,.._-,,,._._-"""<'"'-"-'" _._._,----,_._~'_.,-----
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: 6.1,
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ¡4/?-
CITY ATTORNEY ¡JW
CITY MANAGER ()ì1JS
SUBJECT: Resolution of Intention No. 1433 to add territory, Area 4-45 (Valley, Paladino NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
FROM:
Raul M. Rojas, Public Works Director
DATE:
January 23, 2006
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6446 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 4-45 is generally bounded by a line approximately 3,960
feet north of Paladino Drive on the north, a line approximately 1,320 feet east of Valley Lane on the east,
Paladino Drive on the south, and Valley Lane on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be suppiied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
January 23. 2006. 11:31AM
M04-45Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: IJ . (Y\ .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
January 23, 2006
CITY ATTORNEY
CITY MANAGER
ø:!r
<fZ1TI
DEPARTMENT HEAD
SUBJECT: Resolution of Intention No. 1434 to add territory, Area 4-46 (Kern Canyon, Chase N) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6610 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 4-46 is generally bounded by a line approximately 1,800
feet north of Chase Avenue on the north, Kem Canyon Road on the east and the south, and a line
approximately 2,000 feet east of Vineland Road on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
January 23. 2006, 10:23AM
MD4-46Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Consent Calendar
ITEM: 5.(\.
TO:
Honorable Mayor and City Council
DATE:
January 23, 2006
CITY ATTORNEY
CITY MANAGER (')l.JS
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreements with McMillin Capella, LLC, for Tract 5966 Unit 5,
located south of Meacham Road and west of Campfire Drive. (Ward 4)
(2) Final Maps and Improvement Agreements with ADH Corporation, Tract 6132 Phases 1 and
2, located south of State Route 58 and west of South Oswell Street. (Ward 1)
(3) Final Maps and Improvement Agreements with Beazer Homes Holding Corporation, for
Tract 6320 Phases 1, 2, and 3, located north of Panama Lane and east and west of
Windermere Street. (Ward 5)
(4) Final Maps and Improvement Agreements with D. R. Horton Los Angeles Holding
Company, Inc. for Tract 6406 Phases 1, 2, and 3, located north of City Hills Drive and east
of Vine land Avenue. (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.
January 23. 2006. 11 :54AM
G:\GROUPDAT\ADMINRPTì2006\02-0B\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: 5. o.
TO:
Honorable Mayor and City Council
CITY MANAGER
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
January 26. 2006
CITY ATTORNEY
SUBJECT: Construction Management Services Agreement with Lim and Nascimento Engineering
Corporation ($787,169.86) for North Chester Avenue Bridge (Southbound) over the Kern
River (Replacement) Project (Ward 3).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Due to the complexity and duration of North Chester Avenue Bridge (Soutbound) over
the Kern River (Replacement) project, a full time construction manager and up to three inspectors are
required to inspect daily construction activities. Public Works Construction Division does not currently
have the staff to provide the necessary inspection services. In addition, the Construction Management
Services Agreement includes full survey and geotechnical services to be provided by the consultant's
team.
On October 20, 2005, the City received Statements of Qualifications from three firms in response to the
City's Request for Qualifications for construction management services. On November 18, 2005 the City
conducted interviews with two qualified firms: Mendoza and Associates, and Lim and Nascimento
Engineering Corporation. These firms were then ranked according to their qualifications. interview
presentations, and technical proposals. The Selection Committee, consisting of three Public Works staff,
recommends award to Lim and Nascimento Engineering Corporation based on their combination of
qualifications and fee proposal being the most favorable to the City. Funding for this Construction
Management Services is 80% Federal Funds and 20% Transportation Development Funds.
Sufficient funds are budgeted to cover this Agreement.
Pw engr NF
1/26120061:11 PM
G:\GROUPDAliADMINRPT\2006\02-08\Admin Rpt eM_North Chester Avenue Bridge.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: 5. .
TO:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
FROM:
Donna L. Kunz. Economic Development Director
DEPARTMENT HEAD
DATE:
January 26, 2006
CITY ATTORNEY
SUBJECT: Amendment No. 1 to Agreement 05-228 with Kern Affordable Housing, Inc. (KAH) for the
rehabilitation of the Park Real Apartment complex to revise U. S. Department of Housing
and Urban Development Department mandated language for the Agreement, Deed of Trust
and Declaration of Restrictions (no budgetary action). (WARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On June 22, 2005, the City Council approved an agreement with KAH for $300,000 in HOME funds to
rehabilitate their 16 unit Park Real Apartment Complex. The Park Real Apartments were purchased by
Kern Affordable Housing, Inc. (KAH) in 1991. The units were designated a HUD Section 236 affordable
rental units project that was in danger of converting to market rate. Golden Empire Affordable Housing,
Inc. formed the non-profit entity KAH in order to purchase this property and the Villa San Dimas
apartments to ensure they remained affordable housing for low income tenants.
The U.S Department of Housing and Urban Development (HUD) has requested the City and KAH amend
the Agreement to add specific language to the Agreement, Deed of Trust and Declaration of Restrictions
to be consistent with HUD's Section 236 Agreement with KAH. Staff has reviewed the requested
language and recommends approval of its addition to the City's Agreement, Deed of Trust and Declaration
of Restrictions. This is an administrative revision only there are no budgetary actions to this amendment.
The language being added is as follows:
HUD Requirements. Notwithstanding anything to the contrary in this Agreement, Corporation Deed of
Trust, or Declaration of Restrictions, if any provision of this Agreement, Corporation Deed of Trust, or
Declaration of Restrictions tends to contradict, modify or in any way change the terms of the HUD
Regulatory Agreement, Use Agreement and/or Modification Agreement, the terms of the HUD
regulatory Agreement, Use Agreement and/or Modification Agreement shall prevail and govern.
S:\AdminsICity CouncillCity Council Admins 20061KAH Amend #1.doc
1/26/20069:37 AM
ADMINISTRATIVE REPORT
Page 2
If any provision of this Agreement, Corporation Deed of Trust, or Declaration of Restrictions in any way
tends to limit the Secretary of HUD in the administration of any applicable housing laws, regulations.
directives and guidance, this Agreement, Corporation Deed of Trust, or Declaration of Restrictions
shall be deemed amended so as to comply with any applicable laws, regulations, directives and
guidance mandated by HUD. No other amendment to this Agreement, Corporation Deed of Trust, or
Declaration of Restrictions shall be effective without the prior written approval of the Secretary of HUD.
Notwithstanding anything in this Agreement, Corporation Deed of Trust, or Declaration of Restrictions
to the contrary, if the Secretary of HUD shall take title to the Property through foreclosure, deed in lieu
of foreclosure or otherwise, all covenants, conditions and restrictions set forth in this Agreement,
Corporation Deed of Trust, or Declaration of Restrictions shall be of no further force or effect. Until
April 2, 2014, any monies owed by Trustor shall be payable only from residual receipts (as such term
is defined by HUD in the HUD Regulatory Agreement) and such payment shall be made only after prior
written approval has been obtained from HUD.
S:lAdmins\City Counci~City Council Admins 2006\KAH Amend #1.doc
1/26/20069:37 AM
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Consent Calendar
ITEM: S. GL.
0/
TO:
Honorable Mayor and City Council
Alan Tandy, City Manager
January 30, 2006
APPROVED
FROM:
DATE:
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
SUBJECT: Amendment No. 3 to Agreement No. 98-258 with SMG and California State University,
Bakersfield (CSUB) to Play Men's Basketball at Rabobank Arena (Ward 2)
RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
On November 1, 1998, Ogden - SMG's predecessor, and CSUB entered into an agreement whereby
CSUB's men's basketball home games and post season home games are to be played at the Arena. The
agreement permits 2 five-year renewals.
On September 7,2001, CSUB exercised its first option for a five-year renewal. CSUB is now exercising
its second option for a five-year renewal.
The amendment extends the term of the agreement to June 30, 2011. Also, instead of 17 dates for home
games, there will be 11. However, when CSUB moves to a Division I schedule, CITY/SMG will give CSUB
high priority to schedule all home games at the Arena.
Additionally, the amendment clarifies that any difference between CSUB's suite revenue share of $60,000,
and its base rent shall be retained by SMG for the City.
February 1. 2006. 9:58AM
SS:lAdmin Rpts\2006IAdmin CSUB Renewal 020806 - Final2.doc
-- -- -> -'._- ..-.------------>....-,--------..--.-.------,-.-.
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Consent Calendar
ITEM: 5. Y".
TO:
FROM:
Honorable Mayor and City Council
MROVED
DEPARTMENT HEAD ¡~
CITY ATTORNEY ~
CITY MANAGER ~
DATE:
Raul M. Rojas, Public Works Director
January 24, 2006
SUBJECT: Contract Change Order No. 5 to Agreement No. 04-338 with S.C. Anderson Inc.,
($2,743.14 decrease; for a revised not to exceed compensation amount of $2,808,555.84),
for the Park at River Walk, Building Improvement Contract (Ward 4).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Construction of the Park at River Walk, Building Improvement Contract was awarded
to SC Anderson, Inc., at the November 17, 2004 Council meeting. The awarded contract amount was
$2,795,000.
The Contractor has agreed to rescind the charges for additional days granted on Contract Change Order
NO.4 in consideration for extending the contract time an additional nine (9) calendar days. This change
will result in a credit of $2,743.14.
This is the fifth and final contract change order to be submitted for the project. This change order will
decrease the Building Improvement project total by $2,743.14. The change orders to date on this project
reflect a net increase of $13,555.84 (which is an increase of 0.49% of the original contract amount) as
illustrated below:
.
Original Contract Amount =
Amended Contract Agreement after Change Orders =
Net Increase =
$2,795,000.00
$2,808,555.84
$ 13,555.84
.
Rlck_M@Constrtlctlon
1/24/2006 2:56:55 PM
G:\GROUPDA T\ADMINRPnl006\02-oS\32 Acre Park Building Contract - ceo 5.doc
_.__." ·___~~_u_·_ _.__.._._~.. _._..__._----""___
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: 5.5.
TO:
FROM
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
DATE:
January 20. 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
.A/:>
VCr-
Mh
SUBJECT: Accept bid from ISM Direct in the amount of $43,000.43 for replacement ISM Servers and
related equipment
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to approximately one hundred (100) vendors for providing
eight (8) replacement ISM Servers and related equipment such as hard disk drives, power supplies and
processors to be used by the Information Technology Division. The existing servers are approximately
four to five years old. The old servers have difficulty running newer software products and are a cause of
slower response times when retrieving data. The file servers being replaced currently house critical data
associated with our Police and GIS database information, in addition to our citywide email system and the
City's electronic file storage systems.
Five (5) bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
ISM Direct
Tempe, Arizona
$43,00043
Zones, Incorporated
Auburn. Washington
$47.694.24
Integrity Global Solutions
Maple Grove, Minnesota
$52,145.00
Worid Data Products
Minnetonka. Minnesota
$52,268.71
Mainline Information Systems
Irvine, California
$57,062.36
Staff finds the low bid to be acceptable and recommends award of the bid to IBM Direct, Tempe. AZ.
Purchasing Division
OW
C:\DOCUME-1\nsmrth\LOCAlS-1\Temp~BM Servers.ITB 05-06-15. February 8. 20OS.dee
January 20. 2006
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: 5. +.
TO:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
DATE:
January 26, 2006
CITY ATTORNEY
SUBJECT: "Q" Street Housing Project at Mill Creek South
1) Appropriate $280,000 from available fund balance from the Southeast Bakersfield
Redevelopment Project Area, Operating Fund to the Redevelopment Capital Improvement
Budget for Property Acquisition - 1400 'Q' Street - (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This appropriation request is necessary to provide additional funds for the acquisition of 1400 Q Street.
This property is required for "The 'Q' Street Housing Project" which is located across the street from the
planned urban entertainment project "City Place" and is surrounded by the commercial component of the
"South Mill Creek Mixed Use Redevelopment Project". The property is currently under condemnation
proceedings and an updated appraisal was recently completed indicating the property has an increased
value of $280,000. Negotiations for the value settlement of this property acquisition continue, but this
amount must be paid as a requirement of the civil condemnation case. This property is a key component
in the redevelopment of both Mill Creek South and City Place.
S:\AdminslCity CouncillCity Council Admins 200611400QAppropriationSEPA_1.doc
1/26/200611 :54 AM
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: S.u...
TO:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD (Il!-.
CITY ATTORNEy/2z){ð¡t ems-
CITY MANAGER ê\7./'Jl7
FROM:
DATE:
January 18, 2006
SUBJECT: Appropriate $450,000 Solid Waste Fund balance to the Public Works Department's
operating budget for additional greenwaste, refuse, and recycling containers to meet
unanticipated increase in service demand.
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND: The bid to purchase refuse, greenwaste and recycling containers from Rehrig
Pacific Company was approved by City Council on August 17, 2005. The quantities for refuse and
greenwaste containers purchased were sufficient to meet the budget estimate based on recent years'
growth. However, an unforeseen surge in new services during FY 2005-2006 has depleted the supply of
refuse and greenwaste containers available for distribution. All carts from the bid have been purchased
and distributed to City residents. To provide timely services to City residents for the rest of the fiscal year,
the City needs to purchase 2,800 greenwaste carts, 2,050 refuse carts, and 450 blue recycling carts.
January 23, 2006. 8:07AM
C:\DOCUME~1\glorenziILoCALS~1\Temp\Admin Rpt - add cart 011806.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: Sov.
TO:
Honorable Mayor and City Council ~
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
DATE:
January 18, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
~1é,
//
,
t/G-
6ÛJ7
FROM:
SUBJECT: Revised Job Specifications: Code Enforcement Officer 1/11
RECOMMENDATION:
Staff recommends approval of the revised job specifications.
BACKGROUND:
The Building Division would like to update the job specifications to more accurately reflect actual
assignments. Doing so will give applicants a better understanding of the requirements and assignments of
the position. The job specifications were last revised over ten years ago and have become outdated.
There is no budgetary impact as the salary will remain the same. CCAPE concurs with the proposed
recommendation. The revised job specifications were approved by the Miscellaneous Civil Service Board
at their January 17, 2006 meeting.
Um)
1/26/2006 4:48 PM
S:'ADMINRPT\Code Enforcement Officer 1-ll.dot
"_.w__._".'._ . _._.'.._.___.._._.____.___.-____..___
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Consent Calendar
ITEM: S.W.
TO:
FROM:
Honorable Mayor and City Council
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER r)1o:;
SUBJECT: Consent to Common Use and Grant of Easement Agreement with Kern Delta Water District
for a canal crossing of Panama Lane between Buena Vista Road and Allen Road (no
compensation involved) (Ward 4).
Raul Rojas, Public Works Director
DATE:
January 26, 2006
RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND: The Kern Delta Water District has a canal that currently crosses Panama Lane
between Buena Vista and Allen Roads. This canal also crosses approved Tentative Tract 6230 being
developed by Beazer Homes. Beazer Homes will be relocating the canal to accommodate their lot layout,
and the canal will be crossing Panama Lane at a slightly different angle and location, requiring an
expansion of the existing canal easement. The attached Consent to Common Use Agreement will
accomplish this.
The processing of this agreement is required to occur before Beazer Homes' tract can be recorded.
Beazer Homes and the adjoining property owner are consenting to grant the additional easement to Kern
Delta.
mps
January 26. 2006. 2:19PM
G:IGROUPDAT1ADMINRPì\2006\02-<J8\KSWD Subordination Panama.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: LP. Q.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER x1J3S
Stanley C. Grady, Development Services Director
DATE:
January 20, 2006
SUBJECT: General Plan Amendment/Zone Change 04-1344 0Nard 6)
Maurice Etchechury, representing Old River Land Company, the property owner, has applied for a
general plan amendment on 85.60 acres, located at the northeast corner of McCutchen Road and
Ashe Road.
1. Resolution approving the Negative Declaration and adopting the General Plan Amendment
and changing the land use designation from R-IA (Resource - Intensive Agriculture) to LR
(Low Density Residential) on 85.60 acres.
2. First reading of ordinance approving the negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-27 from A (Agriculture) to R-1 (One Family
Dwelling) zone on 85.60 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
This amendment to the general plan would permit the development of single family residential units
on the 85.60 acre site. The general area is transitioning from agriculture to typical urban
development. The Planning Commission conducted public hearing(s) on this General Plan
Amendment/Zone Change and recommended City Council approval on December 1, 2005. No on
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. Although close to the City's
Wastewater Treatment Facility No.3, the project is not within the City established Y. mile setback
for odor sensitive land uses.
Staff conducted an initial study and it was determined that the project would no have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on
November, 5, 2005, in accordance with CEQA.
js'Admin\2-B·1344
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: (p . b.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY Lm4
CITY MANAGER (7)..~
FROM:
Stanley C. Grady, Development Services
DATE:
January 13, 2006
SUBJECT: General Plan Amendment/Zone Change 05-0425 (Ward 7 upon annexation)
Marino Associates, representing Hughes Partners, LLC, A California Limited Liability Company,
Joyce Anne Weingarden, Emma Sandrini, Robert C. Allan and Ada M. Allan Family Trust, John
W. Weingarden, Nancy Jane Weingarden, the property owners, have applied for a general plan
amendment on 54.42 acres, located south of Taft Highway, between Hughes Lane and Wible
Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from ER (Estate Residential) and
LMR (Low Medium Density Residential) to LR (Low Density Residential) and UER
(Urban Estate Residential) on 56.64 acres.
2. First reading of ordinance approving the Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No. 142-01 from E (Estate) to R-1 (One Family
Dwelling) on 21.11 acres, from E-1A (Estate 1 du/acre) to R-1 (One Family Dwelling)
on 11.45 acres, from A (Agriculture) to R-S (Residential Suburban) on 19.69 acres,
and from A (Agriculture) to C-2 (Regional Commercial) on 4.39 acres.
3. Resolution approving the Negative Declaration and adopting the cancellation of the
Williamson Act contract on 22.5 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance and the cancellation of the
Williamson Act contract.
BACKGROUND:
This amendment to the general plan would permit the development of commercial and
residential uses on the 56.64 acres. The general area is transitioning from agricultural to typical
urban development south of the Pumpkin Center area. The Planning Commission conducted
pUblic hearing(s) on this General Plan Amendment/Zone Change and recommended City
ADMINISTRATIVE REPORT
Page 2
Council approval on December 15, 2005. At the public hearing there was no opposition to the
request and the applicant agreed to all conditions and mitigation for the project. However, staff
did receive several letters in opposition to the project prior to the meeting citing traffic
congestion, air quality issues and smaller lot sizes 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 November 1, 2005, in accordance with CEQA.
mo
Admin\2-8-0425
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: L". c...
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD 9v
CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT: General Plan Amendment/Zone Change 05-0426 (Ward 6, upon annexation)
FROM
Stanley C. Grady, Development Services Director
DATE:
January 20, 2006
The Monarch Affiliates, representing Paul Schallberger, the property owner, has applied for a general
plan amendment on 31.2 acres, located west of Stine Road and south of Taft Highway, east of the
Farmers Canal.
1. Resolution approving the Negative Declaration and adopting the general plan amendment
and changing the land use designation from RR (Rural Residential) to LR (Low Density
Residential) on 31.2 acres.
2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 142-03 from R-S-20A (Residential Suburban - Twenty
Acre Minimum) to R-1 (One Family Dwelling) zone on 31.2 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
Upon annexation into the City, the proposal would allow for the development of approximately 138
single-family residential units on the 31.2 acre project site. Currently, the land use and zoning on
the Project site allows for residential uses on very large lots, typical of County areas. This proposal
raises the density of residential uses to take advantage of sanitary sewer service. The Planning
Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and
recommended City Council approval on December 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
November, 23, 2005, in accordance with CEQA.
js\Admin\2-8·0426
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2005
AGENDA SECTION: Hearings
ITEM: I~ d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
January 20, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
k-
ß7J1A
ñ1vs
SUBJECT: General Plan Amendment/Zone Change 05-0844 CNard 4 Upon Annexation)
Pacific Engineering, representing M & S Land Company, LLC, the property owner, has applied for a
general plan amendment, including establishment of a specific plan line for a portion of Etchart Road,
and zone change on approximately 140 acres located at the southeast corner of 7'" Standard Road
and the planned Allen Road alignment (future).
1. Resolution approving the Negative Declaration and adopting the general plan amendment
changing the land use designation from R-MP (Resource-Mineral and Petroleum) and SR
(Suburban Residential) to SI (Service Industrial), LI (Light Industrial), and SR (Suburban
Residential) on approximately 140 acres and establishing a specific plan line for the eastern
portion of the Etchart Road segment traversing the project area.
2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to M-1 (Light
Manufacturing), M-2 (General Manufacturing), and E/PE (Estate One-Family
Dwelling/Petroleum Extraction Combining District) on approximately 140 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, approving
proposed general plan amendment, adopting a specific plan line, and first reading of an ordinance.
BACKGROUND:
Upon annexation into the City, the proposal would allow for the development of approximately 220
single family homes and 355,510 square feet of light industrial and general manufacturing uses, as
well as continued petroleum operations, on the 140-acre project site. The establishment of a
specific plan line for the eastern portion of the Etchart Road segment traversing the project area is
proposed due to the presence of an active oil well within the planned roadway alignment. The
proposed specific plan line is necessary to ensure compliance with the seventy-five foot setback
requirement between oil wells and dedicated public street rights-of-way pursuant to Bakersfield
Municipal Code Section 15.66.040.A.1.a.
The Planning Commission conducted a public hearing on this general plan amendment/zone
change and recommended approval to the City Council on December 15, 2005. No individuals or
agencies present at the hearing opposed the request and the applicant agreed to all conditions and
mitigation for the project. Conditions of approval and mitigation measures which address air
ADMINISTRATIVE REPORT
Page 2
quality, traffic, hazardous materials, and cultural resources impacts are recommended as part of
the project approval.
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
November 10, 2005, in accordance with CEQA.
ph
Adminl2·8-0844
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: (o.e.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY _
CITY MANAGER c)1ùS
FROM:
Stanley C. Grady, Development Services Director
DATE:
January 20, 2006
SUBJECT: General Plan Amendment/Zone Change 05-0926 0Nard 1 Upon Annexation)
Jerry L. Hendricks, representing Charles L. Crowell, the property owner, has applied for a general
plan amendment on 22.32 acres, located at the southwest corner of East Berkshire Road and
Madison Street.
1. Resolution approving the Negative Declaration and adopting the general plan amendment
and changing the land use designation from R-IA (Resource - Intensive Agriculture) to LR
(Low Density Residential) on 22.32 acres.
2. First reading of ordinance approving the negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-29 from A (Agriculture) to R-1 (One Family
Dwelling) zone on 22.32 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
Upon annexation into the City, the proposal would allow for the development of approximately 93
single-family residential units on the 22.32-acre project site.
The Planning Commission conducted a public hearing(s) on this general plan amendment/zone
change and recommended approval to the City Council on December 1, 2005. No individuals or
agencies present at the hearing opposed 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
November 5, 2005, in accordance with CEQA.
jSlAdmin\2-B-0926
_.______ _ '__'_.,' n_w,·_·"'_.'_._'" ,__ ___.~__.,_._._.. ~.____.
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: LR. f.
TO:
FROM
Honorable Mayor and City Council
Stanley C. Grady, Development Services
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY _
CITY MANAGER c5Îa'7
DATE:
January 13, 2006
SUBJECT: General Plan Amendment/Zone Change 05-0931 (Ward 4 upon annexation)
SmithTech/USA Inc., representing Oak Tree Development Co., Inc., the property owner, has applied
for a general plan amendment on 80 acres, located north of Snow Road, generally between Coffee
Road and Calloway Drive, south of Etchart Road.
1. Resolution approving the Negative Declaration and adopting the general plan amendment
and changing the land use designation from SR (Suburban Residential) to LR (Low Density
Residential) on 80 acres.
2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-05 from A (Agriculture) to R-1 (One Family
Dwelling) zone on 80 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the general
plan amendment and first reading of the ordinance.
BACKGROUND:
This amendment to the general plan would permit the development of single family residential uses on
the 80 acres. The general area is transitionin9 from agricultural to typical urban development. The
Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change
and recommended City Council approval on December 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 November
17,2005, in accordance with CEQA.
mo
Admin\2-8-0931
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: ~ .(:1.
v
TO:
Honorable Mayor and City Council
APPROVED
DATE:
January 20, 2006
CITY ATTORNEY
CITY MANAGER
~
~
FROM:
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: General Plan Amendment/Zone Change 05-0933 0Nard 6)
Smith Tech/USA, Inc., representing the Pascoe Family Investments, LLC, the property owner, has
applied for a general plan amendment on 59.2 acres, located north of McCutchen Road and east of
Gosford Road.
1. Resolution approving the Negative Declaration and adopting the general plan amendment
and changing the land use designation from R-IA (Resource - Intensive Agriculture) to LR
(Low Density Residential) on 52.56 acres and R-IA to LI (Light Industrial) on 6.64 acres.
2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-28 from A (Agriculture) to R-1 (One Family
Dwelling) zone on 52.56 acres and A to M-1 (Light Manufacturing) 6.64 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
This amendment to the general plan would permit the development of single family residential units
on the 52.56 acre site and industrial uses on the 6.64 acre site. The general area is transitioning
from agricultural to typical urban development. The Planning Commission conducted public
hearing(s) on this General Plan AmendmentlZone Change and recommended City Council
approval on December 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. A smail portion of the site is proximate to the nearby sewer treatment plant (less than 11.
mile); this portion of the site is proposed for light manufacturing as no odor sensitive uses are
permitted within a 11. mile of the sewer treatment plant.
Staff conducted an initial study and it was determined that the project would no have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on
November, 23, 2005, in accordance with CEQA.
js\Admin\2-8-0933
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2005
AGENDA SECTION: Hearings
ITEM: I ^. n.
TO:
Honorable Mayor and City Council
APPROVED
DATE
January 20, 2006
CITY ATTORNEY
CITY MANAGER
Ýt~
iJJtU
MYs
FROM:
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: General Plan Amendment/Zone Change 05-0936 ryvard 4 Upon Annexation)
SmithTech/USA, Inc., representing Ralph B. Simons, the property owner, has applied for a general
plan amendment and zone change on approximately 19.3 acres located at the southeast corner of
Etchart Road (future) and Jewetta Avenue (future).
1. Resolution approving the Negative Declaration and adopting the general plan amendment
changing the land use designation from R-tA (Resource-Intensive Agriculture) to LR (Low
Density Residential) on approximately 19.3 acres.
2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102·06 from A (Agriculture) to R-1 (One Family
Dwelling Zone) on approximately 19.3 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, approving
proposed general plan amendment and first reading of an ordinance.
BACKGROUND:
Upon annexation into the City, the proposal would allow for the development of approximately 90
single-family residential units on the 19.3-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone
change and recommended approval to the City Council on December 15, 2005. No individuals or
agencies present at the hearing opposed the request and the applicant agreed to all conditions and
mitigation for the project. Conditions of approval and mitigation measures which address air
quality, traffic, and cultural resources impacts are recommended as part of the project approval.
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
November 16, 2005, in accordance with CEQA.
ph
Adminl2-8-0936
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: to i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
APPROVED
January 13, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
56--
¡fJ)Yi4
((lJs
SUBJECT: General Plan Amendment/Zone Change 05-0937 CNard 4 Upon Annexation)
SmithTech/USA, Inc., representing Martin Etcheverry, the property owner, has applied for a general
plan amendment and zone change on approximately 18.7 acres located on the east side of Jewetta
Avenue (future), approximately 660 feet south of Etchart Drive (future).
1. Resolution approving the Negative Declaration and adopting the general plan amendment
changing the land use designation from R-IA (Resource-Intensive Agriculture) and SR
(Suburban Residential) to LR (Low Density Residential) on approximately 18.7 acres.
2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-06 from A (Agriculture) to R-1 (One Family
Dwelling Zone) on approximately 18.7 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed
general plan amendment and first reading of an ordinance.
BACKGROUND:
Upon annexation into the City, the proposal would allow for the development of approximately 85
single-family residential units on the 18.7 -acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on December 15, 2005. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation
for the project. Conditions of approval and mitigation measures which address air quality, traffic, and
cultural resources impacts are recommended as part of the project approval.
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 November
14,2005, in accordance with CEQA.
ph
Admin\2·8-0937
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Hearings
ITEM: (,. i.
u
TO:
Honorable Mayor and City Council APPROVED
FROM:
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD
February 1, 2006 CITY ATTORNEY
CITY MANAGER
DATE:
SUBJECT: General Plan Amendment/Zone Chanoe 05-0938 CNard 6 upon annexation)
SmithTech/USA Inc., representing Nelson Robert D. & Darin C. Revocable Trust, the property
owners, have applied for a general plan amendment on 80 acres, located west of Gosford Road,
benerally between McCutchen Road and Taft Highway.
1. Resolution approving the Negative Declaration and adopting the general plan amendment
and changing the land use designation from R-IA (Resource - Intensive Agriculture) to LR
(Low Density Residential) on 80 acres and by changing the Circulation Map to eliminate
Progress Road as a Collector segment along the project site to Taft Highway.
2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-32 from A (Agriculture) to R-1 (One Family
Dwelling) zone on 80 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
This amendment to the general plan would permit the development of residential uses on the 80
acres. The general area is transitioning from agricultural to typical urban development. The
proposal also includes the elimination of Progress Road (along the western boundary of the project
site to Taft Highway) from a collector to a local street. Progress Road is adjacent to and parallel
with existing railroad tracks, which are used and will remain. Due to the distance between the
railroad line and the project site, the project site will not have direct access to Progress Road,
therefore, Progress Road will not function as a collector. Progress Road has already been
eliminated as a collector road north of the project site as part of approvals for other developments.
The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone
Change and recommended City Council approval on December 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.
-..-., .--.'.----.-. --'."""'-'-.' '_.~._-_._--
ADMINISTRATIVE REPORT
Page 2
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
November 17,2005, in accordance with CEQA.
mo:dc
AdminI02-08-0938
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: l.o .k.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD c;d'~
CITY ATTORNEY ¡Ç)ly¿4
CITY MANAGER <f7¡)--s
Stanley C. Grady, Development Services
DATE:
January 24, 2006
SUBJECT: General Plan Amendment 05-1199 (Ward 7)
Marino/Associates, representing Patrick Padilla, the property owner, has applied for a general plan
amendment on approximately 2.5 acres located on the north side of Panama Lane, approximately 300
feet east of South H Street.
1. Resolution approving the Negative Declaration and adopting the general plan amendment
changing the land use designation from LR (Low Density Residential) to HMR (High
Medium Density Residential) on approximately 2.5 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed
general plan amendment.
BACKGROUND:
This amendment to the general plan would permit the development of multi-family residential housing
on the 2.5 acre site. The existing zoning on the site is R-2 (Limited Multiple Family Dwelling), which
permits the construction of multi-family residential development. The current land use designation
(LR) only permits the development of single-family residential. The applicant's proposal brings
consistency between the existing zoning (R-2) and the proposed general plan land use (HMR). This
project is also an "infill" project because it is completely surrounded by existing development.
The Planning Commission conducted a public hearing on December 1, 2005 for general plan
amendment 05-1199. Concerned property owners, Francisco Hoerta and Larry Barrios, representing
the Sprin9brook Homeowners Association, spoke in opposition of the project as presented. The
Planning Commission voted to continue the project to the December 15, 2005 meeting to give the
applicant and residents an opportunity to meet and see if they could work out an agreement. From
their meeting, the Springbrook Homeowners Association and the applicant agreed upon four additional
conditions.
A..._" ._._,____,~ ~__"____.._...._.___.____.._
ADMINISTRATIVE REPORT
Page 2
The Planning Commission voted unanimously in favor of the project and recommended City Council
approval on December 15, 2005. No one else spoke in opposition to the request and the applicant
agreed to all conditions and mitigation for the project.
Admin\2-8-1199
~ _.~._ ___...____._______.___. ·__..·._·___·,,'''_o··..._·_____~
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2005
AGENDA SECTION: Hearings
ITEM: 0.1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD Çc;--
CITY ATTORNEY ßIJ6I
CITY MANAGER ()1aS
Stanley C. Grady, Development Services Director
January 20, 2006
SUBJECT: General Plan Amendment/Zone Change 05-1437 (Ward 3)
Porter-Robertson Engineering & Surveying, representing the Marion & Shirley Collins Family Limited
Partnership, the property owner, has applied for a general plan amendment and zone change on
40.24 acres (Mesa Marin Raceway) located on the north side of Kern Canyon Road (State Highway
184), approximately 2,000 feet southwest of the Kern Canyon Road/State Highway 178 intersection.
1. Resolution approving the Negative Declaration and adopting the general plan amendment
changing the land use designation from MUC (Mixed Use Commercial) to LR (Low Density
Residential) on 7.89 acres and from HMR (High Medium Density Residential) to LR on 0.29
acres.
2 First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 104-20 from R-S-2.5A (Residential Suburban 2.5-acre
minimum lot size) to R-1 (One Family Dwelling) on 40.24 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, approving
proposed general plan amendment and first reading of an ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 173 single-family residential units
on the 40.24-acre project site (Mesa Marin Raceway).
The Planning Commission conducted a public hearing on this general plan amendment/zone
change and recommended approval to the City Council on December 15, 2005. No individuals or
agencies present at the hearing opposed the request and the applicant agreed to all conditions and
mitigation for the project. Conditions of approval and mitigation measures which address air
quality, biological resources, cultural resources, hazardous materials, noise, traffic, and Mesa
Marin Sports Complex adjacency impacts are recommended as part of the project approval.
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
November 18, 2005, in accordance with CEQA.
phlAdmin\2-B-1437
""_.- '_-'-~,_._-_.~-----_._.,..-.,_.._----_.__._,._---------~,.,--_._-
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: L.. rn .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
APPROVED
DEPARTMENT HEAD 5:1,.-
CITY ATTORNEY Vr:.
CITY MANAGER~
January 31, 2006
SUBJECT: General Plan Amendment 05-0953 0Nard 3)
Quad Knopf, for East Hills Community Development, has proposed an amendment to the
Circulation Element of the Metropolitan Bakersfield General Plan and adoption of a Specific Plan
Line for Brentwood Drive.
1. Resolution approving the Negative Declaration and adopting the General Plan Amendment
of a Specific Plan Line for Brentwood Drive.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the negative declaration and approving the
general plan amendment.
BACKGROUND:
Quad Knopf, for East Hills Community Development, filed for an amendment to the Circulation
Element and adoption of a Specific Plan Line for Brentwood Drive between Niles Street and
College Drive. Brentwood Drive is a "collector" street which will have four lanes and a 90' right-of-
way. The applicant's proposed alignment of Brentwood Drive was found to be unfeasible because
of technical problems. Public Works proposed an alternative alignment avoiding the Southern
California Edison's tower line easement to create a connection between Niles Street and College
Avenue. This shift necessitates a reconfiguration of the Brentwood sump. The property owners to
the west of the sump will prepare a drainage study. After the completion of the drainage study,
property owners to the north will, based upon this information, prepare a legal description and a
plat for the Specific Plan Line for Brentwood Drive, extending it to College Avenue. Based on the
recommendation by Public Works, the Planning Commission adopted the General Plan Circulation
Element amendment with approval of the Specific Plan Line for Brentwood Drive to be considered
after completion and evaluation of a drainage study on the Brentwood sump.
All property owners along the alignment were notified of the change and none were in opposition to
the project. No one spoke in opposition to the proposal at the Planning Commission hearing on
December 1, 2005 and the project was approved by unanimous vote of the Commission.
,,_. ,·~·.'·n~.___~~ ..._..,.._____.._......_'__.__e..
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Hearings
ITEM: v.n.
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady. Development Services Director DEPARTMENT HEAD
APPROVED
:ft~
DATE:
January 20, 2006
CITY ATTORNEY VG
CITY MANAGER álùS
SUBJECT: General Plan Amendment 05-1287 (\Nard 3)
Porter-Robertson Engineering & Surveying, for Arnold Petit c/o Ed Coyne, has proposed an
amendment to the Circulation Element of the Metropolitan Bakersfield General Plan and adoption
of a Specific Plan Line for Chase Avenue.
1. Resolution approving the Negative Declaration and adopting the General Plan Circulation
Element Amendment for the adoption of the Chase Avenue Specific Plan Line.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the negative declaration and approving the
general plan amendment.
BACKGROUND:
Porter-Robertson Engineering & Surveying requested a change in the alignment of Chase
Avenue to reduce the impacts to several proposed projects in northeast Bakersfield. Chase
Avenue is a collector street and will ultimately be a 90 foot wide four lane facility. The current and
proposed alignment provides east to west circulation in an area slated for significant urbanization.
The applicant's proposed alignment illustrates Chase Avenue meandering diagonally southeast
across Section 22 and Section 23 from its existing intersection with Comanche Drive, to the future
intersection of the north-south mid-line of Section 22 and 23. In addition, Miramonte Drive moves
easterly to better reflect topographic constraints for the surrounding area. That is the reason a
specific plan line is necessary to delineate the exact centerline of the road for planning purposes.
All property owners along the alignment were notified of the change and none were in opposition
to the project. No one spoke in opposition to the proposal at the Planning Commission hearing on
December 1, 2005 and the project was approved by unanimous vote of the Commission.
js
Admin\2·8-1287
-- -..~---- '~--'--"-"-'-"-'~-~
ADMINISTRATIVE REPORT
MEETING DATE: February 8, 2006
AGENDA SECTION: Hearings
ITEM: r¡. Cl .
APPROVED
DEPARTMENT HEAD 'J1r
CITY ATTORNEY V,
CITY MANAGER ~
SUBJECT: General Plan Amendment/Zone Change 05-0410 ryJard 1)
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
DATE:
January 31, 2006
Pinnacle Engineering, on behalf of Tim Denari of BVGG LLC, the property owner, has appealed the
Planning Commissions decision denying the proposed General Plan Amendment on approximately
110 acres. generally located at the southeast corner of Cottonwood Road and Casa Lama Drive.
1. Resolution approving the appeal and approving the Negative Declaration and adopting
the General Plan Amendment by changing the land use designation from SR (Suburban
Residential), OS-P (Open Space-Parks) and P (Public Facilities) to LR (Low Density
Residential) on approximately 110 acres.
2. First reading of ordinance approving the appeal and approving the Negative Declaration
and amending Title 17 of the Municipal Code and Zoning Map No. 124-09 from A
(Agriculture), R-S (Residential Suburban) and OS (Open Space) to R-1 (One Family
Dwelling) on approximately 110 acres.
RECOMMENDATION:
Staff recommends approval of the appeal and adoption of resolution approving the Negative
Declaration, approving the General Plan Amendment and first reading of the ordinance.
BACKGROUND:
The applicant appealed the decision of the Planning Commission on the case. The Planning
Commission voted 3-2 vote for project approval which means the project was denied by Operation
of Law (did not receive 4 affirmative votes).
This amendment to the general plan would permit the development of residential uses on the 106
acres. The site is currently a fully developed and operational golf course (Pepper Tree Golf
Course). The site has been extensively modified including changes to the topography, landscaping
of fairways and putting greens, introduced trees, and sand traps. There has been significant
entitlement activity along Cottonwood Road and several residential projects have recently been
approved in the general vicinity. The project site will continye to have a buffer with the arterial
(Casa Lama Drive) between it and the M-2 zoned property to the north.
ADMINISTRATIVE REPORT
Page 2
Although close to the city sewer treatment facility the project is not within the City established Y.
mile setback for odor sensitive land uses. The proposal would allow the development to receive
City services for the future residential subdivision of the site.
The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone
Change on November 28, and December 1, 2005. Commissioner Spencer was concerned
regarding the loss of the only golf course in the southeast Bakersfield area. Commissioner
McGinnis was concerned this action might set a precedent for other golf course closures in the City.
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
November 7, 2005, in accordance with CEQA.
mo
Adminl2-8-0410
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: '1.b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~
January 13, 2006
SUBJECT: General Plan Amendment/Zone Change 04-1746 (Ward 6 Upon Annexation)
Centex Homes by Mcintosh & Associates for the Hershel and Clarissa Moore Living Trust, the
property owner, has applied for a general plan amendment and zone change on 186.66 acres.
Annexation of the project area into the City is proposed. The project area is generally 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. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR)
for General Plan Amendment/Zone Change No. 04-1746/Annexation No. 477.
(
2. Resolution adopting the general plan amendment changing the land use designations from R-IA
(Resource-Intensive Agriculture) to LR (Low Density Residential) on 80.07 acres, from RR (Rural
Residential) to LR on 37.06 acres, and from RR to LMR (Low Medium Density Residential) on
69.53 acres.
3. First reading of an ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-34
from A (Agriculture) to R-1 (One Family Dwelling) on 117.13 acres and from A to R-2 (Limited
Multiple Family Dwelling) on 12.94 acres, and Zoning Map No. 142-03 from R-S-20A (Residential
Suburban, 20-acre minimum lot size) to R-2 on 56.59 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution approving
proposed general plan amendment, and first reading of an ordinance.
BACKGROUND:
Upon annexation into the City, the proposal would allow for the development of approximately 874
single-family residential units on the 186.66-acre project site.
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 May 3, 2005, an adequacy hearing to receive comments on the Draft EIR
ADMINISTRATIVE REPORT
Page 2
on October 20, 2005, and a hearing on the Final EIR on December 15, 2005. The Final EIR was
recommended for certification by the Planning Commission on December 15, 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.
Policy C.14. of the Conservation Element of the Metropolitan Bakersfield General Plan requires the
decision making body to evaluate ten factors to determine the appropriateness of agricultural
conversion proposals. These factors have been analyzed in a Farmland Conversion Study prepared
for this project by Mcintosh & Associates. The project site is not under a Williamson Act Contract. The
conversion of agricultural lands designated for non-agricultural uses was addressed in the 2002
Metropolitan Bakersfield General Plan Update EIR. Therefore, the conversion of the 107-acre portion
of the project site designated RR (Rural Residential) has been adequately addressed in accordance
with CEQA. Approximately 81 acres of the project site are designated R-IA (Resource-Intensive
Agriculture). The City generally considers the loss of 100 or more acres of land designated for
agricultural uses to be a significant impact as the loss of less than 100 acres represents only 0.006%
of the total amount of land under Williamson Act and Farmland Security Zone contracts in Kern
County. Therefore, the proposed conversion of 81 acres designated R-IA to a non-agricultural use is
not considered a significant impact.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on December 15, 2005. Dr. Gordon Nipp representing
the Sierra Club provided testimony to the Planning Commission during the hearing. Dr. Nipp entered
into the record a letter from the State of California Department of Conservation, Division of Land
Resource Protection to the Bakersfield City Council dated November 16, 2005, regarding the farmland
conversion impacts of four recently approved General Plan Amendments and stated that he has
provided suggested mitigation measures for farmland conversion impacts to the Planning Department.
Dr. Nipp also addressed the air quality impacts of the project and stated that the EIR does not require
developers to incorporate solar energy systems into project area residences. Dr. Nipp expressed
concerns regarding the project's traffic impacts and suggested that potential measures to address
regional traffic problems be studied and implemented. Dr. Nipp further suggested that if the public is
expected to accept traffic conditions that are below the standards established by the Metropolitan
Bakersfield General Plan, then the Circulation Element should be updated to reflect these lower
expectations. As stated by the traffic consultant, Roger Mcintosh, with implementation of the required
mitigation measures the project would comply with current Circulation Element standards.
Conditions of approval and mitigation measures which address air quality, biological resources,
cultural resources, hazardous materials, noise, and traffic impacts are recommended as part of the
project approval. In addition, conditions of approval limiting residential development within R-2 zoned
areas to single-family dwellings in accordance with the applicant's proposal, prohibiting residential
structures within the X-mile buffer area for Wastewater Treatment Plant No.3, and requiring vehicular
access through the project area to a contiguous, landlocked one-acre parcel are recommended.
Staff and the Planning Commission recommend certification of the Final EIR and accompanying
mitigation monitoring and reporting program and the adoption of CEQA findings as required pursuant
to State CEQA Guidelines Section 15091.
ph
Admin\2-8-1746
ADMINISTRATIVE REPORT
MEETING DATE: February 8,2006
AGENDA SECTION: Hearings
ITEM: 1 ,c.-.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD '2£---
January 19. 2006 CITY ATTORNEY ¡JdJ!4
CITY MANAGER ó0s
SUBJECT: General Plan Amendment/Zone Change No. 05-1063 0Nard 3)
S & J Alfalfa Companies, has proposed a general plan circulation element amendment and
zone change for property generally bounded by State Highway 178 on the north, with
Morning Drive located to the west, Vineland Road to the east and College Avenue to the
south, for purposes of developing single family residences.
1. Resolution certifying the Final Environmental Impact Report for SKY 19
Development, General Plan Amendment/Zone Change No. 05-1063.
2. Resolution approving a general plan amendment to change the Circulation Element
to eliminate a north-south collector street along the mid-section line of Section 19
and re-align a separate collector (Highland Knolls Drive) between Morning Drive and
Vineland Avenue shown on the Circulation Plan.
3. First reading of ordinance approving an amendment to Title 17 of the Municipal Code
from an R-1 (One Family Dwelling) zone to an R-1/ PUD (One Family
Dwelling/Planned Unit Development) zone on 574 acres.
RECOMMENDATION:
Staff recommends adoption of resolutions certifying the Final Environmental Impact
Report, approving the proposed general plan circulation element amendment, and first
reading of the ordinance.
BACKGROUND:
The Planning Commission conducted a public hearing on this general plan
amendment/zone change and recommended approval to the City Council on December
15, 2005.
The General Plan Circulation Element Amendment (GPA) and Zone Change (ZC) would
allow the development of 1,408 proposed single family residential units. The
Environmental Impact Report (EIR) evaluated a buildout of up to 1,600 units. Pursuant
to the City's CEQA Implementation Guidelines, the Planning Commission certified the
ADMINISTRATIVE REPORT
Page 2
EIR for purposes of approval of Parcel Map 11322. Parcel Map 11322 is a land division
which created 22 parcels on the project site.
The Circulation Element Amendment will eliminate a north-south collector street along
the mid-section line of Section 19 and re-align a separate collector (Highland Knolls
Drive) between Morning Drive and Vineland Avenue shown on the Circulation Plan.
The concurrent zone change is from an R-1 (One Family Dwelling) zone to a R-1/ PUD
(One Family Dwelling/Planned Unit Development) zone on 574 acres. The R-1/PUD
zone requires the developer to submit plans for development plan review prior to
construction. These plans have been submitted and recommended for approval by the
Planning Commission.
Approval of the R-1/PUD zone change for this project includes approval of
development plans. The development plans for this project contain a system of
interlinking trails which are intended to preserve the existing open space and natural
topography of the site. Development plans show 2 private recreational facilities, private-
community parks, and landscaped walkways in a gated private street community. All
streets, common lot landscaping, recreational facilities and other common areas will be
maintained by a homeowners association. The developer proposes four distinctive
private-gated street subdivisions which employ a wide variety of thematic, European
architecture and which incorporate various landscape treatments that compliment each
individual theme.
The proposal provides a logical extension for residential development in the northeast
portion of the City of Bakersfield. The General Plan encourages the orderly outward
expansion of new urban development that maintains continuity of existing development
and allows incremental expansion of infrastructure and public services. The proposal is
consistent with the General Plan. The general area is being developed with urban uses.
Gordon Nipp, representing the Sierra Club submitted a letter in opposition to the project
prior to the Planning Commission hearing. His concerns included cumulative air quality,
biota and traffic. The EIR addressed these issues and found them to be less than
significant. Responses to the Sierra Club's concerns are contained in the "Responses to
Comments" Section of the EIR.
The Kern County Water Agency (KCWA) submitted comments after preparation of the
"Responses to Comments" and Final EIR. The water agency submitted comments that
were based on a draft version of the City's "Water Balance Study" which was
inadvertently attached to the Draft EIR. A copy of the adopted 2000 Water Balance
Study was provided to KCWA and is attached as Background Materials - Exhibit "A".
Based on this additional information, staff determined that KCWA's concems were
adequately addressed.
ENVIRONMENTAL CONCLUSION:
The California Environmental Quality Act (CECA) guidelines have been followed for the
environmental effects of this project. Significant environmental effects have been
identified, and compliance with local ordinances, state laws, construction to the
ADMINISTRATIVE REPORT
Page 3
standards of the Uniform Building Codes, and with adoption of the recommended
mitigation measures, most environmental effects can be reduced to a less than
significant level. These mitigation measures are listed as conditions of approval in the
Environmental Impact Report which is contained on a disk within the Council Binders. A
hard copy of the EIR is available in the City Clerk's Office. Unavoidable impacts which
cannot be reduced to less than significant levels through mitigation measures remain for
noise associated with the proximity of the Mesa Marin Raceway, however, the raceway
is currently being demolished. Staff recommends certification of the Final EIR, approval
of the mitigation measures and accompanying mitigation monitoring program, and
adoption of CEQA Findings per Section 15091 and Statement of Overriding
Considerations per Section 15093.
CONCLUSION:
Staff recommends that the EIR be certified, the project be approved subject to conditions
of approval and mitigation measures outlined in the attached resolutions and ordinance.
LP S:ICurrent Planning EIRsISky 19\staff reptslCClAdmin Report.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 25, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Hanson,
Sullivan (seated at 5:20 p.m.), Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Update on traffic synchronization and tour of Traffic
Operations Center.
Council adjourned to the Traffic Center after the
reading of Closed Session items.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9 (one case).
b. 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.
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:18 p.m.
APPROVED
Motion by Vice-Mayor Maggard to adjourn 'rom Closed
Session at 6:33 p.m.
APPROVED
Bakersfield, California, January 25, 2006 - Page 2
RECONVENED MEETING - 6:30 p.m.
ACTION TAKEN
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Dr. Rogelio Ovalle, Sr. Pastor, Templo
Calvario
7. PLEDGE OF ALLEGIANCE by by Paloma Santos, 3rd Grade
Student at Laurelglen School.
Mayor Hall recognized the Ridgeview High School
and Bakersfield College government class in
attendance at the meeting.
8. CLOSED SESSION ACTION
a.
NO REPORTABLE
ACTION
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9 (one case).
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.
10. PRESENTATIONS
b.
NO REPORTABLE
ACTION
a. Presentation by Mayor Hall of Proclamation to
Scarlett Sabin, Executive Director, American
Heart Association-Bakersfield Division, proclaiming
February 3,2006, as "Wear Red for Women Day".
Ms. Sabin accepted the Proclamation and made
comments.
b. Presentation by Mayor Hall of Proclamation to Dr.
Chuck Wall, President of Kindness, Inc.
proclaiming February 12 through 18, 2006, as
"Kindness Awareness Week".
Dr. Wall accepted the Proclamation and made
comments.
Bakersfield, California, January 25, 2006 - Page 3
9.
PUBLIC STATEMENTS
a. Gene Tackett spoke regarding the Hillside
Ordinance.
Councilmember Benham requested a status report
regarding the Hillside Ordinance be presented to the
Planning and Development Committee at the next
scheduled meeting of the committee Tuesday,
January 31, 2006 at 2:00 p.m.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 11, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from December
30, 2005 to January 13, 2006 in the amount of
$9,237,348.97 and self insurance payments from
December 30, 2005 to January 13, 2006 in the
amount of $128,546.58.
Ordinances:
c.
First Reading of Ordinance adopting a negative
declaration and amending Section 17.06.020
(Zone Map No. 103-15) ofTitle 17 of the Municipal
Code by changing the zoning from A (Agriculture) to
M-2 (General Manufacturing) on approximately
52.99 acres of land currently located in the
unincorporated area of the County of Kern at 5500
Landco Drive generally located on the west side of
Highway 99, south of Olive Drive. (Mcintosh &
Associates - File 05-1575)
d
First Reading of Ordinance adopting a negative
declaration and amending Section 17.060.020
(Zone Map No. 103-15) ofTitle 17 of the Municipal
Code by changing the zoning from CO (Professional
and Administrative Office) to C-1 (Neighborhood
Commercial) on 0.61± acres located on the
northwest corner of Columbus Street and Vassar
Street. (Cast Harbor Properties) (File 05-1658)
ACTION TAKEN
FR
FR
12.
Bakersfield, California, January 25, 2006 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
e.
Adoption of Ordinance adopting a negative
declaration and amending Section 17.060.020
(Zone Map NO.1 04-07) ofTitle 17 of the Municipal
Code by changing the zoning from RS-2
Yo acre (Agriculture-2 Yo acre minimum lot) to R-1
(One Family Dwelling) on 20 acres for
purposes of residential development, and from RS-2
Yo acre to C-2 (Regional Commercial)
on 20 acres, generally located on the north side of
Paladino Drive, approximately Y. mile east
of Morning Drive. (Applicant: Marino & Assoc.) (File
05-0341 )
ORD 4307
f
Adoption of Ordinance adopting a negative
declaration and amending Section 17.06.020
(Zone Map No. 103-24) of Title 17 of the Municipal
Code by changing the zoning from an R-2
(Limited Multiple Family Dwelling) to an R-1 (One
Family Dwelling) on .19 acres generally
iocated on the north side of Highland Knolls Drive,
approximately Yo mile east of Fairfax Road,
(Applicant: Mcintosh & Assoc.) (File 05-1283)
ORD 4308
Resolutions:
g.
Resolution ordering change of proceedings to
reduce assessments for parcels located in
Assessment District 05-1 (City in the Hills).
RES 007-06
h.
Resolution confirming approval by Assistant City
Manager of Chief Code Enforcement Officer
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 008-06
i.
Resolution of application proposing proceedings for
annexation of uninhabited territory to the
City property identified as Annexation No. 499
located generally north of Kratzmeyer Road
and west of Allen Road.
Resolution adding territory, Area 1-62 (Etchart,
Verdugo 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 010-06
RES 009-06
j
Bakersfield, California, January 25, 2006 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
k. Resolution adding territory, Area 1-64 (Jenkins, RES 011-06
Palm 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.
I. Resolution adding territory, Area 2-31 (Taylor, RES 012-06
Hunter 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.
m. Resolution adding territory, Area 3-42 (Old River, RES 013-06
Panama SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
n. Resolution adding territory, Area 3-43 (Pensinger, RES 014-06
Windermere 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.
o. Resolution adding territory, Area 3-44 (Old River, RES 015-06
Panama 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.
p. Resolution adding territory, Area 4-43 (Valley, Bella RES 016-06
NW) to the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection
of assessments by the Kern County Tax Collector.
q. Resolution of Intention No. 1428 to order the ROl1428
vacation of the 20 foot wide alley between Eye
Street and Chester Avenue, from 27th Street to 28th
Street.
Bakersfield, California, January 25, 2006 - Page 6
ACTION TAKEN
12.
CONSENT CALENDAR continued
r. Proposed Assessment District No. 05-3 (Liberty
IINillage GreenlTesoro- Encanto/Lin/Rider/
Diamond Ridge):
Resolution determining assessments
remaining unpaid.
Resolution authorizing issuance of bonds.
Resolution approving form and substance of
preliminary Official Statement and Bond
Purchase Contract, authorizing modifications
thereto and execution thereof, and
authorizing related documents and actions.
s. Community Prosecutor Program:
Agreements:
1.
RES 017-06
2.
RES 018-06
3.
RES 019-06
1. Authorization to make Community
Prosecutor Program an element of the City
Attorney's Office.
2. Approval of new job specification for
Associate Attorney position.
Amendment No. 17 to Resolution No. 122-01
setting salaries and related benefits for
officers and employees of the General
Supervisory, Police Supervisory and
Management Units; and, adopting salary
schedule and related benefits for Associate
Attorney.
4. Conversion of existing Deputy City Attorney
II position to two (2) Associate Attorney
positions.
REMOVED FOR
SEPARA TE
CONSIDERA TION
3
t. Final Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc., for
Tract 6323 Unit 2, located north of Harris
Road and east of Old River Road.
AGR 06-010
AGR 06-011
2.
Final Maps and Improvement Agreements
with Hampton Place, LP for Tract 6036
Units 1, 2 & 3 located north of Palm Avenue
and east of Jenkins Road.
AGR 06-012
AGR 06-013
AGR 06-014
AGR 06-015
AGR 06-016
AGR 06-017
-- - -~."--.-.-".._---"..- ..-...-.--....-..---.
Bakersfield, California, January 25, 2006 - Page 7
12.
CONSENT CALENDAR continued
ACTION TAKEN
u.
Transportation Impact Fee Agreement with KB
Home Greater Los Angeles Inc. (estimated impact
fee credit - $209,504.00) for Tract 6190 located on
McCutchen Road, west of Stine Road.
AGR 06-018
v. Subdivision Plan Checking Services:
1. Agreement with Willdan ($80,000.00) to AGR 06-019
provide plan checking services.
2. Appropriate $80,000.00 additional plan
check revenue to the Public Works
Department Operating Budget within the
Development Services Fund.
w. Landscaped Medians on Jewetta Avenue between
Snow Road and Olive Drive:
1. Reimbursement Agreement with Lennar AGR 06-020
Homes of California, Inc. ($105,600.00) for
the installation of landscaped medians.
2. Appropriate $105,600.00 developer share
project costs to the Capital Improvement
Budget within the Gas Tax Fund.
Agreement with True Spirit Homes ($1,100.00) to AGR 06-021
x. DEED 6370
purchase real property located on the Jenkins Road
extension north of Via La Madera for the Westside
Parkway.
y. Purchase real property located west of Main Plaza
Drive, east of Endeavour School for for fire station
site:
1. Agreement with Fruitvaie School District AGR 06-022
($160,000.00) for the purchase of property.
2. Appropriate $165,000.00 Fund Balance
within the Capital Improvement Budget of the
Transportation Development Fund.
3. Resolution finding the purchase of certain RES 020-06
real property to be exempt from the
California Environmental Quality Act.
z. Agreement with MBIA MuniServices for sales & use AGR 06-023
tax audit backstop services and business license
audit backstop services.
,....~ ._._..,_._....,__.__~ ..~..H._..___._, .__.~__._______
Bakersfield, California. January 25, 2006 - Page 8
12.
CONSENT CALENDAR continued
ACTION TAKEN
aa.
Agreement with Kern County Soccer Park for
purchase of surplus property (mowers) from
the City.
AGR 06-024
bb. Mesa Marin Softball and Soccer Recreation
Complex:
1.
AGR 06-025
Agreement with Total Concept Landscape
Architecture (not to exceed $20,000.00) to
provide design services for conceptual
planning of the Complex.
2. Appropriate $20,000.00 Park Improvement
Fund Balance (Northeast Zone 3) to the
Capital Improvement Budget within the Park
Improvement Fund for conceptual planning
of the Complex.
cc. Recreation and Parks Master Plan:
1.
Agreement with Purkiss rose-rsi (not to
exceed $149,500.00) to provide services for
the development of the City's Recreation and
Parks Master Plan 2005.
AGR 06-026
2. Appropriate and transfer $124,500.00
General Fund balance to the Recreation and
Parks Capital Improvement Budget within
the Capital Outlay Fund for the development
and adoption of the Plan.
3. Transfer $25,000.00 Recreation and Parks
Operating Budget from the General Fund
to the Recreation and Parks Capital
Improvement Budget within the Capital
Outlay Fund for the development of the plan.
dd.
Amendment NO.4 to Agreement No. 87-18 with
Dreyer's Grand Ice Cream, Inc. ($6,762,047.82) for
the City to provide additional wastewater treatment
and disposal capacity due to the recent expansion
of Dreyer's ice cream production facilities.
AGR 87-18(4)
Bakersfield, California, January 25, 2006 - Page 9
12.
CONSENT CALENDAR continued
ACTION TAKEN
ee. Hageman Road between Mohawk Street and
Landco Drive:
1.
Amendment No. 1 to Agreement No. 02-297
with Kyle Carter Homes, Inc. (increase
developer reimbursement by $68,080.47, for
a revised not to exceed amount of
$350,615.47) for costs to construct
Hageman Road between Mohawk Street and
Landco Drive.
AGR 02-297(1)
ff.
2. Appropriate $68,081 additional traffic impact
fee revenue to the Capital Improvement
Budget within the Transportation
Development Fund.
Amendment NO.6 to Agreement No. 99-334 with
Duane Morris, LLP ($100,000.00, total not to
exceed $755,000.00) for outside legal services in
the matter of North Kern Water Storage District v
Kern Delta Water District, et al.
AGR 99-334(6)
Bids:
gg. Reject all bids for decorative street lamps for the
Chester Avenue Streetscape Project.
hh. Roof System replacement for the equipment and
shop building located at Wastewater
Treatment Plant NO.2:
1.
AGR 06-027
Accept bid to award contract to Graham
Prewett, Inc. ($74,000.00) for project.
2. Appropriate $5,000.00 Wastewater
Treatment Plant NO.2 Fund balance to the
capital improvement budget within the same
fund.
ii. North Chester Avenue Bridge Replacement
(southbound) over the Kern River:
Accept bid and award contract to Granite
Construction Company ($6,058,506.00) for
construction of project.
2. Appropriate $5,743,593.00 Federal Funds to
the Capital Improvement Budget within
the ISTEA Fund and $600,000.00 additional
traffic impact fee revenue to the Capital
Improvement Budget within the
Transportation Development Fund.
1.
AGR 06-028
Bakersfield, California, January 25, 2006 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
jj. Community Development Block Grant (CDBG)
Reprogramming and Project Amendments:
1. Fire Station No.5, Old Town Kern, Economic
Development and American Dreams
Down Payment Assistance.
2. Transfer $195,511.00 from the Section 108
Debt Service Fund to the Capital
Improvement Budget within the Community
Development Block Grant Fund for the
construction of Fire Station NO.5.
3. Transfer $285,038.00 Project savings from
the Economic and Community Development
Operating Budget and appropriate
$146,969.00 CDBG Program
Income to the Capital Improvement budget
within the Community Development Block
Grant Fund for the construction of Fire
Station NO.5.
kk. Accept grant funded fire vehicles (hazardous
materials tender and technical rescue vehicle)
from Kern County.
City Clerk McCarthy announced correspondence
was received from Kern County Supervisor Barbara
Patrick regarding item 12.y.
Motion by Vice-Mayor Couch to approve Consent
Calendar items 12.a. through 12.kk. with amendments
to item 12.i. as noted, and removal of items 12.s. and
12.s. for separate consideration.
APPROVED
Bakersfield, California, January 25, 2006 - Page 11
12.
CONSENT CALENDAR continued
ACTION TAKEN
s. Community Prosecutor Program:
1. Authorization to make Community
Prosecutor Program an element of the City
Attorney's Office.
2. Approval of new job specification for
Associate Attorney position.
3
RES 122-01
Amendment No. 17 to Resolution No. 122-01
setting salaries and related benefits for
officers and employees of the General
Supervisory, Police Supervisory and
Management Units; and, adopting salary
schedule and related benefits for Associate
Attorney.
4. Conversion of existing Deputy City Attorney
II position to two (2) Associate Attorney
positions.
Motion by Councilmember Hanson to approve item
12.s.
APPROVED
y. Purchase real property located west of Main Plaza
Drive, east of Endeavour School for for fire station
site:
1.
AGR 06-022
DEED 6371
Agreement with Fruitvale School District
($160,000.00) for the purchase of property.
2. Appropriate $165,000.00 Fund Balance
within the Capital Improvement Budget of the
Transportation Development Fund.
3.
Resolution finding the purchase of certain
real property to be exempt from the
California Environmental Quality Act.
RES 020-06
County Fire Chief Dennis Thompson spoke at the
request of Councilmember Couch.
Motion by Councilmember Couch to approve the
Agreement, appropriate the funds and adopt the
Resolution.
APPROVED
Vice-Mayor Maggard stated for the record, it is his
intent that the timeline for the building of Station
No. 12 in east Bakersfield and Station 14 in
southwest Bakersfield not be delayed by this unique
opportunity to acquire land.
Bakersfield, California, January 25.2006 - Page 12
13.
CONSENT CALENDAR HEARINGS
ACTION TAKEN
a. None.
14. HEARINGS
a.
Public Hearing to consider Resolution ordering the
vacation of the ~ubliC utilities easements
on a portion 36' Street, west of Chester Avenue.
RES 021-06
Staff comments by Public Works Director Rojas.
Hearing opened at 7:20 p.m.
Chris Conway, Porter-Robertson Engineering &
Surveying spoke in favor of the staff
recommendation.
Hearing closed at 7:21 p.m.
Motion by Vice-Mayor Maggard to approve the
Resolution.
APPROVED
b.
Public Hearing to consider Amendment NO.1 to
Resolution No. 027-02 amending the Hageman
Road Planned Major Thoroughfare Area
and preliminarily approving an increase in
the cost and fee schedule, as required by
Resolution of Intention No. 1410.
RES 027-02(1)
Staff comments by Public Works Director Rojas.
Hearing opened at 7:23 p.m.
No one spoke.
Hearing closed at 7:24 p.m.
Motion by Councilmember Couch to approve the
Amendment to the Resolution.
APPROVED
Bakersfield, California, January 25, 2006 - Page 13
14.
HEARINGS continued
ACTION TAKEN
c.
Public Hearing to consider resolution approving the
appeal by Bruce and Paula Bell and Manuel and
Corinne Monsibais reinstating conditions requiring
and 8-foot block wall along Auburn Oaks Drive and
upholding the Board of Zoning Adjustments'
approval of Conditional Use Permit (File No. 05-
1505) to allow a drive thru car wash at a proposed
1,664 square foot mini-market with gas pumps in a
C-1 (Neighborhood Commercial) zone district at
5700 Auburn Street.
RES 022-06
Development Services Director Grady made staff
comments.
Hearing opened at 7:26 p.m.
Joseph Engle, Structural Engineer, on behalf of
property owners Mr. and Mrs. Cholakian, spoke in
opposition to the staff recommendation.
Bruce Bell, on behalf of area homeowners, gave a
presentation and spoke in favor of the staff
recommendation.
Hearing closed at 7:47 p.m.
Motion by Vice-Mayor Maggard to approve the
Resolution upholding the appeal including the
following conditions:
APPROVED
· An eight foot wall consistent with the wall at the
post office building
· Landscaping on the north side of the wall to
include plant material that will eventually
occlude the wall
· Hours of operation to be weekdays from 7:00
a.m. through 7:00 p.m. November 1 through
March 31, weekends 8:00 a.m. through 7:00 p.m.
November 1 through March 31, 7:00 a.m.
through 9:00 p.m. weekdays April 1 through
October 31 and weekends 8:00 a.m. through 9:00
p.m.
Bakersfield, California, January 25, 2006 - Page 14
14.
HEARINGS continued
ACTION TAKEN
d. Public Hearing to consider appeal by Terry Chiles of
the Planning Commission's decision approving
Vesting Tentative Tract 6655 located north of
Paladino on the northeast corner of Valley Lane
and future Bella Drive (Applicant: Scott
Roylance/Subdivider: Eagle Meadows of Bakersfield
155 LLC).
1.
Resolution upholding and modifying the
decision of the Planning Commission
approving Vesting Tentative Tract 6655
located on the northwest corner of Valley
Lane and Bella Drive; and, denying the
appeal.
RES 023-06
City Clerk McCarthy announced correspondence
was received from Mr. Chiles withdrawing the
appeal; staff has changed its recommendation as is
reflected in correspondence provided Council and
correspondence was received from Mr. Queen
stating concerns. The staff recommendation now
reads, "Staff recommends adoption of resolution
denying the appeal, upholding the approval by the
Planning Commission with the addition of the
following condition: 1. "Extend Vineland Road as
an arterial to the east west collector shown as
Campbell Hill Drive. Vineland is shown on the
Circulation Element as terminating at this east west
collector."
Development Services Director Grady made staff
comments.
Hearing opened at 8:02 p.m.
Scott Roylance spoke in favor of the staff
recommendation.
Hearing closed at 8:04 p.m.
Motion by Vice-Mayor Maggard to approve the revised
staff recommendation.
APPROVED
.__.._--~-~_.--.._._-
Bakersfield, California, January 25, 2006 - Page 15
14.
HEARINGS continued
ACTION TAKEN
e.
Public Hearing to consider appeal by Porter-
Robertson of Administrative Review #05-1207
(Applicant & Appellant: Porter-Robertson/Owner:
BRH, LLC):
1. Resolution approving Administrative Review
#05-1207 rescinding waiver of direct access
thereby granting direct access onto
Hageman Road from 8200 Hageman
Road.
RES 024-06
Staff comments by Development Services Director
Grady.
Hearing opened at 8:05 p.m.
No one spoke.
Hearing closed at 8:06 p.m.
Motion by Councilmember Couch to adopt the
Resolution.
APPROVED
ASS MAGGARD
15. REPORTS
a. Report on graffiti and pothole hotlines.
Public Works Director Rojas made staff comments
and introduced Public Works Operations Manager
Brad Underwood who provided a presentation.
Councilmember Scrivner requested staff evaluate the
feasibility of placing the Pothole Hot Line phone
number on the sides of pothole repair trucks.
Vice-Mayor Maggard requested staff investigate the
feasibility of a community wide sweep to remove as
many graffiti vandals from the streets as possible.
City Clerk McCarthy announced item 17.a. would be
moved forward and heard by Council as the next
item.
Bakersfield, California, January 25, 2006 - Page 16
17.
NEW BUSINESS
ACTION TAKEN
a.
Agreement with Bakersfield Professional Sports,
LLC for a National Basketball Association
Development League Team.
AGR 06-029
City Manager Tandy made staff comments and
introduced Robobank Arena General Manager Jim
Foss.
General Manager Foss introduced Stan Ellis of
Bakersfield Professional Sports LLC and Steve
Chase, team owner.
Motion by Vice-Mayor Maggard to approve the
Agreement.
16. DEFERRED BUSINESS
APPROVED
a.
Resolution approving proposed changes to ward
boundaries.
RES 025-06
City Clerk McCarthy announced correspondence
was received from staff showing changes as
requested by certain Council members.
Staff comments by City Manager Tandy.
Presentation by Assistant Planner David Dow.
Motion by Councilmember Benham to adopt the
presented option moving Ward 2 precincts 404, 410,
416,418,427 and 449 to Ward 6.
APPROVED
Councilmember Benham requested staff provide each
Councilmember a revised copy of the City Ward map.
b. Proposal to make the Ad Hoc Committee on Crime,
Gang Violence and Community Relations a
Standin9 Council Committee.
Vice-Mayor Maggard made comments.
Councilmember Carson requested the Legislation and
Litigation Committee review the need for the Inter
Governmental Relations Committee.
Motion by Councilmember Carson to establish "Safe
Neighborhoods and Community Relations Committee"
as a standing committee of the Council.
APPROVED
Bakersfield, California, January 25, 2006 - Page 17
18.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Councilmember Scrivner requested staff prepare and
report to Council regarding disposal of locally
generated farm biosolids including information
regarding state regulations, the origin and basis of
regulations, suggest alternatives method of disposal
including cost analysis impact and related
environmental issues.
Councilmember Scrivner expressed appreciation to
LAFco's Board members and Director for approving the
increase in the City's Sphere of Influence and City staff and
Councilmember Couch for their contributions to the
process.
Councilmember Scrivner requested an update regarding
anti-graffiti enforcement in the area of Panama Lane, S. H
Street, Stine Road and White Lane. Chief Rector
responded.
Councilmember Scrinver requested a comprehensive
report regarding options available to utilize graffiti
offenders to perform cleanup work.
Councilmember Benham thanked Public Works for
installation of a traffic signal on Spruce St.
Councilmember Benham requested the Legislation and
Litigation review possible restrictions on roadside
memorials.
Councilmember Hanson requested the City Attorney speak
to a citizen regarding a previous referral.
Council member Hanson requested information regarding
the sale of spray paint. City Attorney Gennaro responded.
Council member Hanson requested information regarding
dog fences. Recreation and Parks Director Hoover
responded.
Councilmember Hanson requested staff reply to Mr.
Jones letter regarding fog caused by watering lawns in
the cold weather.
Councilmember Hanson respond to Mr. Chechi's
concerns regarding lights not on at the gate located at
Campus Park and Old River.
Bakersfield, California, January 25, 2006 - Page 18
18.
COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson requested staff provide a
report regarding methods of monitoring and reporting
of vacation and sick leave by employees.
Councilmember Sullivan staff provide lists of named
neighborhoods within her Ward as a result of boundary
changes.
Councilmember Sullivan requested staff provide
information regarding location and length of time
railroad cars are laid over and whether there is any
requirement for railroad companies to abate graffiti on
railroad cars.
Councilmember Carson requested letters be sent to
new residents regarding boundary changes.
Councilmember Carson expressed appreciation to the
Council for establishing the standing committee on crime
and thanked the Police Department for apprehending the
shooters in the Valley Plaza incident.
Councilmember Carson thanked staff and Council for
making the Martin Luther King Jr. Day celebration
successful.
Councilmember Carson welcomed the NBA league to the
City.
Councilmember Couch provided referral information to
staff.
Councilmember Couch expressed appreciation to the
LAFco Board of Directors and City staff for the LAFco
decision to increase the City's Sphere of Influence.
Councilmember Couch expressed appreciation to the City
Manager and Fire Chief for aid in obtaining land for the
relocation of Fire Station No. 65.
Vice-Mayor Maggard requested staff schedule regular
weekly rotation for graffiti removal/nuisance abatement
in University Park.
Vice-Mayor Maggard requested staff provide a bullet
point informational handout regarding the ball park at
Mesa Marin that can be provided community members.
ACTION TAKEN
Bakersfield, California, January 25, 2006 - Page 19
18.
COUNCIL AND MAYOR STATEMENTS
ACTION TAKEN
Vice-Mayor Maggard requested Development Services
Director Grady speak with him regarding the Ward map
issue.
Vice-Mayor Maggard requested Public Works Director
Rojas speak with him and Councilmember Couch after the
meeting.
Vice-Mayor Maggard complimented the Police Department
for handling the Valley Plaza shooting incident in an
expeditious manner.
Council member Carson thanked Development Services
Director Grady and David Couch for the positive outcome
from LAFco.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield