HomeMy WebLinkAbout02/22/06_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
FEBRUARY 22, 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. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding the following cases:
1. Gloria Navarro, et al v City, et al
2. H. W. Lakeshore Pines Joint Venture v City
b. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to subsection
(b)(1)(A) of Government Code Section 54956.7 (one case) and subsection (b)(1)(C) of
Government Code Section 54956.7 (one case).
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Richard Thompson, First United Methodist Church.
7. PLEDGE OF ALLEGIANCE by Renee Sherman, 1" Grade Student at Laurelglen Elementary School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Janice Horcasitas, Vice-President, American
Society of Civil Engineers, Southern San Joaquin Branch, proclaiming February 19-25, 2006,
as National Engineers Week".
b. Presentation by Mayor Hall of Proclamation to Carol Reichert, Bakersfield Elementary
Teachers Association, proclaiming March 2, 2006, as Read Across Bakersfield Day.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 8, 2006, Regular City Councii Meeting.
Payments:
b. Approval of department payments from January 27, 2006 to February 9, 2006 in the
amount of $9,354,931.32 and self insurance payments from January 27, 2005 to February 9,
2006 in the amount of $304,816.43.
Ordinances:
12. CONSENT CALENDAR continued
(Ward 4)
(Ward 4)
(Ward 4)'
(Ward 3)
(Ward 3)
upon annexation
c. First Reading of Ordinance adding Chapter 13.10 to the Municipal Code to establish certain
procedures respecting special tax districts. (Budget & Finance Committee)
d
First Reading of Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 124-20) of the Municipal Code changing the zoning from A
(Agricultural) to R-1 (One Family Dwelling) on 108.88 acres and from A to C-2 (Regional
Commercial) on 1.56 acres generally located at the northeast corner of South Union Avenue
and East Panama Lane. (Applicant: Marino/Associates) (File No. 05-1507)
First Reading of Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 123-07) of the Municipal Code changing the zoning from R-1 (One
Family Dwelling) to PUD (Planned Unit Development) on 7.27 acres generally located on
the southeast corner of Ming Avenue and Grand Lakes. (Applicant: Mcintosh &
Associates/Property Owner: Castle & Cooke) (File 05-1407)
e.
f.
First Reading of Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 102-06) of the Municipal Code changing the zoning from A
(Agriculture) to C-1 (Neighborhood Commercial) on 15.3± acres and from A to R-2 (Limited
Multiple Family Dwelling) on 23.45± acres located at the southwest corner of 7'" Standard
Road and Calloway Drive. (ZC 05-1165) (SmithTech USA, Inc.)
First Reading of Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 104-07) of the Municipal Code changing the zoning from R-S-2.5A-HD
(Rural Suburban 2.5 acres-Hillside Development) to R-1-HD (One Family Dwelling-Hillside
Development) on 16.08± acres and R-S-2.5A (Rural Suburban 2.5 acres) to R-1 (One Family
Dwelling) on 17.26± acres generally located north of Paladino Drive, east and west of the
Morning Drive alignment. (ZC 05-0780) (DeWalt Corporation)
g.
h. Fireworks Regulations: (Legislative & Litigation Committee)
1. First Reading of Ordinance amending Chapter 8.44 of the Municipal Code relating to
fireworks.
2. First Reading of Ordinance amending Sections 15.64.036, 15.64.350 and 15.64.480
of the Municipal Code relating to miscellaneous regulations of the Uniform Fire Code.
i. Business & Commercial Zoning Ordinances (FR 02/08/06):
j.
1. Adoption 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. Adoption 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.
Adoption of Ordinance approving 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 05-1190) (FR 02/08/06)
Resolutions:
k. Resolution approving Memorandum of Understanding for employees of the Blue and White
Collar Units and adopting salary schedule and related benefits.
2
12. CONSENT CALENDAR continued
(Ward 5,7}
(Ward 5)
(Ward 5) r.
(Ward 1,2) S.
t.
(Ward 1,2\
(Ward 7)
(Ward 1)
I. Resolution approving the submittal of an application to the California Integrated Waste
Management Board for a Waste Tire Enforcement Grant for one year period, 2006 - 2007.
m. Resolution supporting Senate Bill 155 (Feinstein) and House of Representatives Bill 970
(Schiff) concerning prevention, deterrence and punishment of gangs. (Safe Neighborhoods
and Community Relations Committee)
n.
Resolution of Application proposing proceedings for annexation of uninhabited territory to the
City property identified as Annexation No. 506 located south of Taft Highway, generally east
and west of Wible Road.
o.
Resolution of Application proposing proceedings for annexation of uninhabited territory to the
City property identified as Annexation No. 498 located generally south of Panama Lane, east
and west of Buena Vista Road.
p. Resolution adopting Council Policy regarding Council member Reimbursement for Expenses
(AB1234). (Legislative & Litigation Committee)
q. Amendment No.1 to Resolution No. 40-99 approving the retention and destruction schedule
of certain city records, documents, instruments, books and papers, pursuant to Section
34090 et seq of the Government Code. (Recreation and Parks)
Agreements:
Final Tract Map and Improvement Agreements with Lennar Homes of California, Inc. for
Tract 6196 Unit 3 located west of Mountain Vista Drive and north of Harris Road.
Agreement with State of California (maximum annual reimbursement $23,747.14) for
maintenance of State Highways in the City.
Improvement Plan Checking Engineering Services:
1. Agreement with Meyer Civil Engineering, Inc. (not to exceed $100,000.00) for
improvement plan checking engineering services.
2. Appropriate $100,000.00 Improvement Plan Check Revenue to the Public Works
Department Operating Budget within the Development Services Fund.
Amendment No.1 to Agreement No. 05-381 with Kronick Moskovitz Tiedemann & Girard
($50,000.00, total not to exceed $125,000.00) for outside legal services for the Mill Creek
South - Redevelopment Project - CalHFA Funds.
u.
v. Amendment NO.1 to Agreement No. 05-066 with Office Depot, Inc. ($300,000.00, total not to
exceed $600,000.00) extending term for one (1) for office supplies.
w.
White Lane at State Route 99 Overcrossing Widening/Interchange Improvements Project:
1. Contract Change Order NO.9 to Agreement No. 03-208 with Granite Construction
Company ($286,655.98, total not to exceed $6,793,473.24) to construct project.
2. Appropriate $300,000.00 additional traffic impact fees to the Capital Improvement
Budget within the Transportation Development Fund.
Contract Change Order No.1 to Agreement No. 05-218 with Floyd Johnston Construction
Company ($27,445.00, total not to exceed $8,842,645.00) for Trunk Sewer Replacement
along Planz Road.
x.
3
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12. CONSENT CALENDAR continued
Bids:
Miscellaneous:
y. Revised Job Specification for Maintenance Craftworker II.
z. Audit Reports for Fiscal Year ended June 30, 2005:
1. Comprehensive Annual Financial Report (CAFR).
2. Independent Auditors Report - Single Audit Report - Schedule of Federal
Expenditures for the City.
3. Independent Auditors Report - Compliance with Contractual Requirements relative to
the Bakersfield Subregional Wastewater Management Plan.
4. Independent Auditors Report - Appropriations Limit Worksheet (GANN Limit) of the
City.
(Ward 3)
aa.
5. Independent Auditors Report - Rabobank Arena, Theater, Convention Center & Ice
Sports Center.
Appropriate $306,290.00 Assessment District Revenues and $105,646.00 Assessment
District Debt Interest payment to the non-departmental budget of Assessment District 04-3
(SoleralRio Vista) to facilitate bond interest payment due in March 2006.
bb. Additional Full-time Positions and Equipment in Graffiti, Parks and Administration:
1. Authorize (1) Police Officer position.
2. Authorize (1) Maintenance Craftworker I position.
3. Authorize (1) Park Technician position.
4. Authorize (1) Secretary I position.
5. Appropriate $178,000.00 Fund Balance in the General Fund to the Police Operating
Budget and the Public Works Operating Budget.
6. Appropriate $58,000.00 additional plan check fee revenue to the Recreation and
Parks Operating Budget.
Staff recommends adoption of Consent Calendar items a through bb.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
15. REPORTS
a. Program Management Services for Thomas Roads Improvement Program:
1. Agreement with Parsons Transportation Group ($40,000,000.00) to provide program
management services until June 30, 2011.
2. Appropriate $2,616,271.00 Federal Funds to the Capital Improvement Budget within
the Federal Transportation Fund; and appropriate and transfer $422,468.00
additional traffic impact fee revenue from the Transportation Development Fund to
the Capital Improvement Budget within the Federal Transportation Fund.
Staff recommends approval of agreement, appropriations and transfer.
4
.......--.---.---.-.-
16. DEFERRED BUSINESS
17. NEW BUSINESS
a. Advanced Refunding of 1997 Arena Certificates of Participation to generate one time
savings of approximately $2,000,000.00 to be used for capital improvements for the
Rabobank Convention Center and Arena Complex.
1. Agreement with Kutak Rock LLP for bond counsel services.
2. Agreement with Pillsbury Winthrop Shaw Pittman LLP for disclosure counsel
services.
3. Resolution guaranteeing lease payments from monies otherwise payable to the City
from the Motor Vehicle License Fee Account.
4. Resolution approving and directing the execution of a First Amendment to
Reimbursement Agreement.
5. Resolution approving the execution, sale and delivery of not to exceed $36.7 million
of the 2006 Refunding Certificates of Participation to provide for the full refunding of
the 1997 Certificates; approval of the form and substance of Purchase contract,
Preliminary Official Statement, Trust Agreement, Lease Agreement, Escrow
Agreement, Continuing Disclosure Certificate and authorizing and directing additional
actions necessary to implement the proposed refunding program.
Staff recommends approval of agreements and resolutions; and authorizing the advance refunding
of the 1997 Certificates of Participation.
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
6£ W SL·e.-- t Þ{(
Alan Tandy
City Manager
2/16/2006 11 :22am
5
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4·_··__~_____·__ _~_______~_~___.____
AGENDA HIGHLIGHTS
FEBRUARY 22, 2006 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
CLOSED SESSION
There will be a conference with legal counsel regarding two cases of existing litigation and two cases of
potential litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
CONSENT CALENDAR
Ordinances
Item 12c. First Readina of Ordinances Amendina the Municioal Code to Establish Certain Procedures
Resoectina Soecial Tax Districts. The City has entered into development agreements associated with
the Old River Ranch, Rosedale Ranch and McAllister Ranch projects. Each agreement inciudes a
commitment by the City to provide a mechanism for financing public facilities and/or services commonly
known as Community Facilities Districts (CFD); also known as Mello-Roos Financing. In order for the
City to be able to provide this type of financing, the City needs to adopt an ordinance allowing for the
formation of CFD's. This ordinance was reviewed by the Budget and Finance Committee at their
February 8, 2006 meeting, at which time it was recommended to be forwarded to Council for first
reading. A policy will also need to be developed. Staff is working with the BIA, local developers, bond
counsel and others regarding the draft policy. The Budget and Finance Committee will review the draft
policy at their March 8, 2006 meeting.
Item 12d. First Readina of Ordinance Amendina the Municioal Code by Chanaina the Zonina from A
(Aaricultural\ to R-1 (One Family Dwellina\ on 108.88 Acres and from A to C-2 (Reaional Commercial) on
1.56 Acres Generallv Located at the Northeast Corner of South Union Avenue and East Panama Lane.
Marino/Associates requested this zone change in order to make the zone designation consistent with the
General Plan Land Use designation of SRfLR (Suburban Residential/Low Density Residential) and GC
(General Commercial). On January 19, 2006, the Planning Commission recommended adoption by the
City Council. No one spoke in opposition to the project at the hearing.
Item 12e. First Readina of Ordinance Amendina the Municioal Code by Chanaina the Zonina from R-1
(One Family Dwellina\ to a PUD (Planned Unit Develooment\ on 7.27 Acres Generally Located on the
Southeast Corner of Mina Ayenue and Grand Lakes. Mcintosh and Associates requested this zone
change in order to allow a privately gated single-family residential development. The project site is
located adjacent the Seven Oaks Country Club golf course and tennis courts.
The related PUD consists of 29 villa-styled, clustered single-family residential homes with courtyards to
promote a secure, neighborhood-friendly atmosphere. To facilitate development of this PUD, several
modifications to City standards were requested and subsequently approved by the Planning
Commission. These include a request for private streets, non-radial and non-perpendicular lot lines,
double frontage lots, flag lots, non-standard cul-de-sacs and knuckle design. On January 5, 2006, the
Planning Commission recommended approval of the zone change. Staff also recommends approval.
Agenda Highlights
February 22, 2006
Page 2
Item 12f. First Readino of Ordinance Amendino the Municical Code by Chanoino the Zonino from A
(Aoriculture) to C-1 (Neiohborhood Commercia ) on 15.3+ Acres and from A to R-2 (Limited Multicle
Familv Dwellino) on 23.45+ Acres Located at the Southwest Corner of 7'" Standard Road and Callowav
Drive. SmithTech U.S.A., Inc. requested this zone change to bring the property into consistency with the
General Plan. The site is currently undeveloped and has been used historically for agriculture. The site
is proposed for development of commercial and multi-family residential uses. Annexation of this property
is expected to be completed in the spring of 2006. On January 5, 2006, the Planning Commission held a
public hearing and recommended approval of this zone change. No one spoke in opposition to the project.
Item 12g. First Readino of Ordinance Amendino the Municical Code by Chanoino the Zonino from R-S-
2.5A-HD {Rural Suburban 2.5 Acres-Hillside Develocment\ to R-1-HD {One Family Dwellino-Hillside
Develocment\ on 16.08+ Acres and R-S-2.5A (Rural Suburban 2.5 Acres) to R-1 (One Family Dwellino) on
17.26+ Acres Generally Located North of Paladino Drive, East and West of the Mornino Drive Alionment.
DeWalt Corporation requested this zone change to bring the property into consistency with the General
Plan. The site is currently undeveloped, but is proposed for development of single-family residential uses.
On January 5, 2006, the Planning Commission held a public hearing and recommended approval of this
zone change. No one spoke in opposition to the project.
Item 12h. First Readino of Ordinances reoardino Fireworks Reoulations. For several months, the
Fireworks Task Force has been meeting to come to a resolution of how best to deal with the sale and
use of fireworks throughout the City and County. These amendments to the Municipal Code include
making the City's fireworks ordinance permitting requirements, and sales and use regulations as similar
as possible to the County. It also adds the cost of increased enforcement efforts into the permit
application fee, constructs the times of use, authorizes Kern County Fire Inspection and Prevention
Officer to enforce the City's ordinance within City limits, and strengthens the City's penalty options. The
Legislative and Litigation Committee recommends first reading of the ordinance. This item will also be
discussed at the upcoming Joint Meeting with the County.
Resolutions
Item 12k. Resolution Accrovino Memorandum of Understandino for Emcloyees of the Blue and White
Collar Units and AdoDtino Salarv Schedule and Related Benefits. The proposed agreement is attached
to the administrative report. This is a 3-year agreement, from January 1, 2005 - December 31,2007.
Proposed salary increases are 2005 - 0%, 2006 - 3% and 2007 - 4%. Employees hired subsequent to
the ratification of the agreement will pay full employee PERS retirement contribution for the first five
years of employment. The current subsidy for health care premiums for retirees will be eliminated for
employees hired subsequent to the ratification of the agreement. The City will commit one percent
match to each individual's non-mandatory contributions to their retirement health savings account after
five years of employment.
Item 12m. Resolution Succortino Senate Bill 155 (Feinstein) and House of Recresentatives Bill 970
(Schiff) Concernino Prevention. Deterrence and Punishment of Ganos. Senator Feinstein and four other
Senators drafted legislation (SB 155) known as "The Gang Prevention and Effective Deterrence Act of
2005," which sets forth stricter penalties for crimes committed by or in furtherance of gangs. It also sets
forth more instances where juveniles can be charged and punished as adults. Over $100 million will be
appropriated to help curb gang activity by way of gang enforcement teams, which will be comprised of
local, state and federal law enforcement officers. Additional monies will be appropriated to help hire
prosecutors, investigators, etc.
Because the Senate Bill sets forth appropriations, it must be initiated by the House of Representatives;
therefore HR 970 was drafted, which has the same title and language as SB 155. The Safe
Neighborhoods and Community Relations Committee supports the passages of both bills and
recommends that the Council support them, also.
Agenda Highlights
February 22, 2006
Page 3
Item 12p. Resolution in Suooort of AB 1234. AB 1234 became effective January 1, 2006. This bill
requires cities (including charter cities) which provide Council members reimbursement for expenses to
adopt a written policy which sets forth the parameters under which such reimbursement may be received
and what expenses qualify. In addition, Council members who are eligible for reimbursement are
required to complete a two-hour ethics class by January 1,2007.
At their February 14, 2006 meeting, the Legislative and Litigation Committee unanimously agreed to
forward a resolution to Council for approval. Adoption of this resolution will expeditiously comply with AB
1234. The City Attorney will work on language to amend this resolution in order to provide for specific
situations under which reimbursement for travel, meals and lodging would be allowed. Once the
Committee has reviewed and discussed the additional language, any amendments will be brought back
to Council for consideration.
Aareements
Item 12u. Amendment NO.1 to Aoreement No. 05-381 with Kronick Moskovitz Tiedemann & Girard for
Outside Leaal Services for the Mill Creek South - Redevelooment Proiect - CalHFA Funds (in the
amount of $50.000. for an amended not to exceed total of $125.000\. Due to the complex nature of this
proposed development, it is necessary to continue legal counsel with significant expertise in the area of
redevelopment. The law firm of Kronick Moskovitz Tiedemann & Girard specializes in redevelopment
law and maintains the high level of expertise required for the Mill Creek South redevelopment project.
This item is being funded with CalFHA Funds.
Item 12x. Contract Chanae Order NO.9 to Aareement No. 03-208 with Granite Construction Comoanv
to Construct the White Lane at State Route 99 Overcrossina Widenina/lnterchanae Imorovements
Proiect ($286.655.98. total not to exceed $6.793.473.24\. During the course of construction, several
design errors were discovered in the Plans and Specifications prepared by the City's Design Consultant,
URS Corporation, which resulted in the reconstruction of portions of the work to meet CalTrans' minimum
design standards. In addition, CalTrans requested additional widening on White Lane within their right-
of-way to meet minimum shoulder widths.
This Change Order addresses the additional shoulder widening on White Lane between Wible Road and
State Route 99 and the additional cross slope work needed to construct the temporary eastbound to
southbound onramp. Additionally, a number of contract item quantities had to be either increased or
decreased. Details are contained in the administrative report. This change order will increase the
project total by $286,655.98, bringing the total contract amount to $6,793,473.24. Staff recommends an
additional appropriation of $300,000 to cover this contract change order and other miscellaneous costs
such as inspection services and testing.
City staff has met with URS Corporation in regards to the reimbursement for Contract Change Orders
which were a direct result of design errors prepared by URS. Staff is hopeful that a mutually acceptable
resolution will result from these negotiations without seeking legal actions.
Miscellaneous
Item 12z. Audit Reoorts for Fiscal Year endina June 30. 2005. The audit reports were reviewed by the
Budget and Finance Committee at their February 8, 2006 meeting. These include the Comprehensive
Annual Financial Report (CAFR) and Independent Audit Reports. The Committee recommends that all
of the reports be accepted.
Item 12bb. Additional Full-Time Positions and Eauioment in Graffiti. Parks and Administration. Graffiti:
To combat the increasing graffiti problem, staff is recommending increasing staffing in the area of graffiti
enforcement (one Police Officer), and eradication (one Maintenance Craftworker). The cost of the Police
Officer position for the remainder of the year, including vehicle, mobile data computer, and equipment, is
$80,000. The cost of the Maintenance Craftworker I position for the remainder of the year, including
Agenda Highlights
February 22, 2005
Page 4
truck, pressure washer, and other equipment, is $53,000. These positions, if approved by the City
Council, would be added to the staff complement in the FY 06-07 Budget. In addition to staffing, staff
requests a budget increase to purchase surveillance camera systems for the Parks and other areas of
town where graffiti is occurring on a regular basis. A camera system is being installed at Silver Creek
Park to catch individuals that vandalize the park at a cost of $15,000. Staff proposes to purchase three
additional camera systems for the Graffiti Program for a total cost of $45,000. It is also proposed to
appropriate excess fund balance in the General Fund to pay for all the positions and equipment related
to enhancing the graffiti removal and enforcement program. Fund balance is available because of
excess sales tax revenue generated by the recent building boom in Bakersfield.
Parks: The City's tremendous growth also has also resulted in the Parks Division's planning, plan
check, and inspection section being overwhelmed with submittals for new projects while lacking staff to
provide the services. Builders pay a fee for City staff to check their plans and inspect the parks,
medians, and streetscapes they install. Staff proposes appropriating excess revenue to pay for hiring
one new Park Technician. The cost for this position for the remainder of the year, including vehicle and
equipment, is $58,000 and will be paid for from inspection fee revenues.
Administration: A Secretary position in the City Manager's office is needed to handle increased
workload as a result of increased level of activity, support to City Council and departments, and projects
related to rapid growth City-wide. The department has funds budgeted for a temporary Secretary
position, which has not been filled; therefore, staff proposes shifting the part-time funds for a full-time
position. Because the position will be funded with salary savings, no appropriation is necessary.
REPORTS
Item 158. Aareement with Parsons to Provide for Prooram Manaoement Services for the Thomas Roads
Prooram in the amount of $40.000.000. Five firms responded to the Request for Qualifications (RFQ) for
Program Management Services. Based on a review of their qualification submittals, three of the firms
were invited for interviews. Based on these interviews, the Selection Committee concluded that Parsons
Transportation Group (Parsons) was the most qualified firm to provide Program Management Services
for the Thomas Roads Program. In accordance with federal procurement procedures for these types of
services, cost was then negotiated between Parsons and the City after Parsons was selected as the
most qualified.
Parsons will be providing staff with extensive experience in highway project design and management,
environmental issues related to transportation projects, CEQA, the National Environmental Policy Act
(NEPA), and conducting business with CalTrans and Federal Highways Administration (FHWA).
Parsons will also be assisting City staff with preparation of initial purpose and need statements and for
the projects, a fundamental issue that the FHWA requires for all projects using federal funds. A more
detailed list of the tasks Parsons will be performing is included in the administrative report.
Parsons presented a number of ideas on how the Thomas Roads Program could be accelerated,
particularly with regard to the environmental phase of the project development process. One of the
techniques being discussed is to use the design-build process where the project is basically designed
and constructed concurrently after the environmental clearance for the project is obtained.
This agreement is subject to a CalTrans audit of Parson's internal accounting procedures. This
agreement is for a 5-year, 4-month period that extends until June 30, 2011, and has a not-to-exceed
amount of $40 million over the duration of the agreement. There are several termination clauses in the
agreement so that it could be terminated at anytime due to non-performance, lack of funding, or even
without any cause, with a 30-day notification. As the Thomas Roads Program will continue past the
termination date of this agreement, it is anticipated that this agreement will be amended in the future to
extend the scope of work and termination dates. The appropriation requested is only to cover the portion
Agenda Highlights
February 22, 2006
Page 5
of the agreement for the 2005-06 fiscal year. Funds will need to be appropriated by the City Council on
an annual basis thereafter with the Capital Improvement Budget.
NEW BUSINESS
Item 17a. Advanced Refundina of 1997 Arena Certificates of ParticiDation to Generate One-Time
Savinas of ADDroximatelv $2.000.000 to be Used for CaDitallmDrovements for the Rabobank Convention
Center and Arena ComDlex. In 1997, the City and Redevelopment Agency jointly entered into
agreements in order to facilitate the issuance of $40.65 million Certificates of Participation. On
November 30, 2005, Council was asked to pursue a partial advance refunding of a large portion of the
remaining 1997 certificates. It was estimated at that time that the City would generate net savings of
approximately $1.4 million if the partial refunding were to come to fruition. Complexities arose that
caused a halt to the proceedings.
The full refunding plan includes the issuance of two separate series of Certificates that would payoff all
of the remaining 1997 Certificates. Series A would be a tax exempt issue of approximately $25 million
and Series B would be a taxable issue of approximately $10.5 million. One-time savings from the full
advance refunding transaction is currently estimated at $2 million. Staff is proposing to use the savings
for capital improvements to the Rabobank Arena and Convention Center, which are detailed in the
administrative report. This is accomplished by paying interest only on the new debt in 2006, thus
recognizing the majority of savings in the first 18 months. Debt services payments would level out in
2008 and there would be very minor savings recognized from 2008 - 2022. The overall term of the
bonds is not being extended and the overall annual debt services payments of approximately $3,150,000
per year would only increase if the Series B Certificates are not able to convert to tax exempt status.
Due to the structuring of the transaction, about $1.310 million more in principal debt would be issued
than will be refunded. However, the end result is still a net savings of about $2 million.
In connection with the 2006 advance refunding transaction, the City's obligations under the 1997
transaction documents will terminate, and the City will enter into several new agreements, more
complete explanations for which are included in the administrative report. Copies of all of these
documents are included in disc form in the agenda packets, and a hard copy is available in the City
Clerk's Office.
Approved:
John W. Stinson, ,(/, 1Z.
Assistant City Manager ~
cc: Department Heads
Rhonda Smiley, Public Relations
City Managers File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Closed Session
ITEM: Y.<A.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ¿/¡;.
CITY ATTORNEY tit-
CITY MANAGER ó1ß
Virginia Gennaro, City Attorney
DATE:
February 13, 2006
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
· Gloria Navarro, et al. v. City of Bakersfield, et al.
Kern County Superior Court Case No. S-1500-CV-254712-SPC
· H. W. Lakeshore Pines Joint Venture v. City of Bakersfield
Kern County Superior Court Case No. S-1500-CV-254648-LPE
VG:do
S:ICOUNCI L lei SesslAdminsI05-05102-22-06Existlit.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Closed Session
ITEM: L\. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 13, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/c.
t/C-
(11.;)'7
SUBJECT: Conference with Legal Counsel- Potential Litigation
Closed session pursuant to subsection (b)(1)(A) of Government Code section 54956.7.
(one case) and subsection (b)(1)(C) of Government Code section 54956.7 (one case).
VG:do
S:\COUNCILICI SesslAdminsI05-06\02-22-06 Potential.dot
February 13. 2006. 11:47AM
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Presentations
ITEM: C\. ú..
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ((Z.Js
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
February 7, 2006
. ROVED
SUBJECT: Presentation by Mayor Hall of Proclamation to Janice Horcasitas, Vice-President of
American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February
19-25,2006, as "National Engineers Week".
RECOMMENDATION:
BACKGROUND:
ndw
February 7, 2006, 10:45AM
S:\MAYORIADMIN\2006\NATIONAL ENGINEERS WEEK.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Presentations
ITEM: q .b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER & r;
February 7, 2006
SUBJECT: Presentation by Mayor Hall of Proclamation to Carol Reichert, Bakersfield Elementary
Teachers Association, proclaiming March 2, 2006, as "Read Across Bakersfield Day".
RECOMMENDATION:
BACKGROUND:
ndw
February 7, 2006. 1:06PM
S:IMAYORIADMIN\2006\READ ACROSS BAKERSFIELD DAY.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.1.0..
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY
CITY MANAGER 61us
FROM:
Pamela McCarthy, City Clerk
DATE:
February 10, 2006
SUBJECT: Approval of minutes of the February 8, 2006 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND
kI
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent Calendar
ITEM: I;)... b,
TO:
FROM:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
~
Iã?b4
(jh"b
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
DATE:
February 9, 2006
CITY ATTORNEY
SUBJECT: Approval of department payments from January 27, 2006 to February 09, 2006 in the
amount of $9,354,931.32 and self insurance payments from January 27,2006 to February
09,2006 in the amount of $304,816.43.
RECOMMENDATION:
Staff recommends approval of payments totaling $9,659,747.75.
BACKGROUND:
RAR
February 9. 2006. 2:31 PM
S:\KimG\Forms & Lables\ADMtN-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: Feb. 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: ¡d.. C.
TO:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
FROM:
DATE:
CITY MANAGER
~
~
DEPARTMENT HEAD
February 14, 2006
CITY ATTORNEY
SUBJECT: An Ordinance of the City of Bakersfield, Adding Chapter 13.10 to the Bakersfield Municipal
Code, to establish certain procedures respecting special tax districts.
RECOMMENDATION: Budget and Finance Committee recommends first reading of the ordinance.
BACKGROUND: The City has recently entered into development agreements with local land owners
associated with the Old River Ranch and Rosedale Ranch projects. The City also entered into a pre-
annexation agreement with Sun Cal regarding the McAllister Ranch project. Each of these agreements
includes a commitment by the City to provide a mechanism for financing public facilities and/or services
commonly known as Community Facilities Districts (CFD); also known as Mello-Roos Financing.
Community Facility Districts provide developers with an optional financing mechanism to fund public
facilities and services A special tax is placed on the properties within the district, generally associated
with the repayment of debt incurred by the district to fund the public improvements
In order for the City to be able to provide this type of financing to these developers the City needs to adopt
an ordinance allowing for the formation of CFD's. The City will also need to adopt a policy document
regarding CFD's to establish some perimeters and guidelines for the districts. City staff are working with
the Building Industry Association (BIA), local developers, outside bond counsel and financial advisors to
develop the draft policy. We expect to present the draft policy document to the Budget and Finance
Committee at their March 2006 meeting date. After their review, the policy document will come before the
full Council for their consideration.
The attached draft ordinance document was reviewed by the Budget and Finance Committee at their
February 8, 2006 meeting. After some discussion, the Committee recommended that the draft ordinance
be forwarded to the full Council for first reading.
nks
S:\KimG\Nelson"Admin - cfd ord 1 st read. doc
Feb. 9,2006
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent
ITEM: Id..d.
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
APPROVED
DEPARTMENT HEAD W
CITY ATTORNEY /ìì1U
CITY MANAGER ~
DATE:
February 15, 2006
SUBJECT:
An ordinance adopting a Negative Declaration and amending Section 17.06.020
(Zone Map No. 124-20) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from an A (Agricultural) zone to an R-1 (One Family Dwelling)
zone on 108.88 acres and from an A (Agricultural) zone to a C-2 (Regional
Commercial) zone on 1.56 acres generally located at the northeast corner of South
Union Avenue and East Panama Lane (Applicant: Marino/Associates) (File No. 05-
1507). (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On January 19, 2006, 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 an A (Agricultural) zone to an R-1 (One Family Dwelling) zone on 108.88
acres and from an A (Agricultural) zone to a C-2 (Regional Commercial) zone on 1.56 acres generally
located at the northeast corner of South Union Avenue and East Panama Lane. The purpose of the
zone change is to have the zone designation consistent with the General Plan Land Use designation
of SR/LR (Suburban Residential/Low Density Residential) and GC (General Commercial).
This item was approved on consent calendar and no one spoke in opposition to the project at the
Planning Commission hearing.
The general vicinity is undergoing urbanization. It is expected adjacent property will be 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 an air quality impact 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.
pe\admin\2-22-1507
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent
ITEM: la. e..
TO:
Honorable Mayor and City Council
APPROVED
FROM
Stanley C. Grady, Development Services
February 15, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
7V
¡Jm(J
~
DATE
SUBJECT: An ordinance adopting a Negative Declaration and Amending Section 17.06.020 (Zone
Map 123-07) of Title Seventeen of the Bakersfield Municipal Code by changing the
zoning from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development)
zone on 7.27 acres generally located on the southeast corner of Ming Avenue and
Grand Lakes (Applicant: Mcintosh and Associates / Property Owner: Castle & Cooke)
(File No. 05-1407) CNard 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On January 5, 2006, the Planning Commission recommended approval of the zone change request
from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on 7.27 acres
located at the southeast corner of Ming Avenue and Grand Lakes to allow a private gated street
single family residential development. The project site is located adjacent the Seven Oaks Country
Club golf course and tennis courts.
The applicant is proposing a unique single family residential development that is different from the
typical suburban-type subdivision. The related PUD consists of villa-styled, clustered single family
residential homes with courtyards to promote a secure, neighborhood-friendly atmosphere. The
subdivision is designed to maximize the number of lots with views to the Seven Oaks Golf Course.
There are 29 lots proposed. A reduced membership fee to the Country Club will be offered. The
applicant requests reducing the front yard setback from 25 feet to 20 feet.
The elevations of the homes depict Spanish-style architecture with stucco walls, tile roofs and wood
trim. Colors are browns, tans and whites. One and two story models are proposed (Exhibit "C")
To facilitate development of this PUD, several modifications to City standards were requested with
related Vesting Tentative Tract 6681, approved by the Planning Commission on January 5, 2006 with
29 lots. The subdivision included a request for private streets, non-radial and non-perpendicular lot
ADMINISTRATIVE REPORT
Page 2
lines, double frontage lots, flag lots, non-standard cul-de-sacs and knuckle design to facilitate the
development of this PUD.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore
a Negative Declaration was prepared and advertised.
Staff recommends approval of the zone change.
jeladmín\2-22·1407
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent
ITEM: Id.-,f.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
Stanley C. Grady, Development Services Dir.
February 8, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
ØiJu
~
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020
(Zone Map NO.1 02-06) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from A (Agriculture) to C-1 (neighborhood Commercial) on
15.3± acres and from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on
23.45± acres currently within the unincorporated County of Kern; Located at the
southwest corner of 7t)¡ Standard Road and Calloway Drive (ZC 05-1165)
(SmithTech U.S.A., Inc.) (Ward 4).
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On January 5, 2006, the Planning Commission held a public hearing and recommended approval of
this zone change to bring the site into consistency with the General Plan designation of the property.
The project is being proposed to prezone the subject site from A (Agriculture) to C-1
(neighborhood Commercial) on 15.3± acres and from A (Agriculture) to R-2 (Limited Multiple
Family Dwelling) on 23.45± acres and to bring the property into consistency with the General
Plan. The site is currently undeveloped and has been used historically for agriculture. The site
is proposed for development of commercial and multi-family residential uses.
The City is processing Annexation Application No. 472/Calloway #10 to bring this approximately
38.75± acre area 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.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. A negative declaration was prepared in accordance with
CEQA. Mitigation measures included in the conditions of approval reduce the impacts to
cultural resources to less than significant. No other significant impacts were identified.
LP S:\ZoneChange\05-1 165\CClAdmin Report.doc
~--_.__.",. -..". --~._,-_.__..__...._--_._-----------
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent
ITEM: Id.. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY _
CITY MANAGER ~
Stanley C. Grady, Development Services Dir.
February 8, 2006
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020
(Zone Map No. 104-07) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from R-S-2.5A-HD (Rural Suburban 2.5 acre- Hillside
Development) to R-1-HD (One Family Dwelling - Hillside Development) on
16.08± acres and R-S-2.5A (Rural Suburban 2.5 acre) to R-1 (One Family
Dwelling) on 17.26± acres; Generally located north of Paladino Drive, east and
west of the Morning Drive alignment (ZC 05-0780 - DeWalt Corporation)
(Ward 3).
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On January 5, 2006, the Planning Commission held a public hearing and recommended approval of
this zone change to bring the site into consistency with the General Plan designation of the property.
The project is proposed to rezone the subject site from R-S-2.5A-HD (Rural Suburban 2.5 acre-
Hillside Development) to R-1-HD (One Family Dwelling - Hillside Development) on 16.08± acres
and R-S-2.5A (Rural Suburban 2.5 acre) to R-1 (One Family Dwelling) on 17.26± acres and to
bring the property into consistency with the General Plan. The site is currently undeveloped.
The site is proposed for development of single family residential uses.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. A negative declaration was prepared in accordance with
CEQA. Mitigation measures included in the conditions of approval reduce the impacts to
cultural resources to less than significant. No other significant impacts were identified.
Ipladmin\2-22-0780
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: I;). h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
February 15, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡/ç;"
VG
6ÃJ7
Virginia Gennaro, City Attomey
SUBJECT: 1. An Ordinance Amending Chapter 8.44 of the Bakersfield Municipal Code Relating to
Fireworks.
2. An Ordinance Amending Chapter 15.64 of the Bakersfield Municipal Code Relating
to Miscellaneous Regulations of the Uniform Fire Code.
RECOMMENDATION:
Legislative and Litigation Committee recommends first reading of ordinances.
BACKGROUND:
For several months, the Fireworks Task Force has been meeting to come to a resolution of how
best to deal with the sale and use of fireworks throughout the City and County. At the February 14, 2006
Legislative and Litigation Committee meeting, the Committee recommended first reading of the changes to
the attached ordinances. The purpose of these amendments is to: (1) make the City's Fireworks
Ordinance permitting requirements as similar as possible to the County of Kern's fireworks permit
regulations; (2) make the City's Fireworks Ordinance sales and use requirements consistent with the
County of Kern's sales and use regulations; (3) add the cost of increased enforcement efforts into the
fireworks permit application fee; (4) constrict the times of use from year round to time periods around
specific events associated with the uSe of fireworks and consistent with County restrictions; (5) authorize
County of Kern Fire Inspection and Prevention Officer to enforce the City ordinance in the City limits; and
(6) strengthen the City's penalty options against code violators to deter future violations.
1. The most essential changes to Chapter 8.44 are as follows:
a. 8.44.035.1. Amended to clarify that the sales permit "applicant"/non-profit corporation-
retailer of fireworks will bear the cost of additional public education for use of fireworks and increased
manpower costs for additional enforcement efforts of the prohibition on use of illegal fireworks.
February 15, 2006, 9:20AM
S:\COUNCIL\Admins\05-06 Admins\fireworksrevised2-14-06.doc
ADMINISTRATIVE REPORT
b. 8.44.040.F. Added to clarify and make uniform with the County the prohibition against
fireworks stands locating within one hundred feet of any gasoline "handling" facility, regardless of whether
or not it is located above or below ground.
c. 8.44.040.K. Amended to make the City ordinance match the County ordinance in
regulating the number of exits and other structural separation in the construction of fireworks stands.
d. 8.44.040.R. Amended to reflect a desired change in the hours that applicants may sell
legal fireworks. The new hours of sale are as follows: July 1 - 12:00 noon to 10:00 p.m.; July 2 and 3-
9:00 a.m. to 10:00 p.m.; and July 4 - 9:00 a.m. to 12:01 a.m. of the next day.
e. 8.44.040.5. Amended to set forth the days and hours that the public may use legal
fireworks. The hours of use are as follows: July 1 - 12:00 noon to 12.01 a.m. of the next day; July 2 and 3
are 9:00 a.m. to 12:01 a.m. of the next day; on July 4 the hours are 9:00 a.m. to 12:30 a.m. of the next
day; and on December 31 the hours are 12:00 noon to January 1, 12:30 a.m. of the next day.
2. The most significant changes in Chapter 15.64 are as follows:
a. 15.64.036. Amended to identify the Fire Chiefs authority to enforce Chapter 8.44 of the
Municipal Code and to issue administrative compliance orders for the "use" of fireworks on any premises
or outdoor area under the Fire Code.
b. 15.64.350. Amended to specifically authorize County Fire personnel to enforce California
Fire Code regulations of fireworks and the City Municipal Code chapter regulating fireworks (8.44)
pursuant to the Joint Powers Agreement in effect at the time of the violation.
c. 15.64.480. Amended to except the standard misdemeanor maximum punishment
($500.00) for violating the Municipal Code (found at BMC § 1.04.010) from application to violations of the
Fireworks Ordinance, to authorize the maximum penalty as allowed by state law at $1000.00, and to
authorize the option of administrative enforcement fines up to $1,500.00.
JS:js
February 15, 2006. 9:24AM
S:ICOUNCILlAdminsI05-06 Adminslfiremrl<srevlsed2-14-{)6.doc
ADMINISTRATIVE REPORT
MEETING DATE:
February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM NO: IJ.. i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Development Services - Planning
January 31, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
i/¡;J.
ôJ· J:,
SUBJECT: Business & Commercial Zoning Ordinances:
1. Adoption of Ordinance amending Sections 17.25.040, 17.25.050, 17.25D80 and
17.25.090 of the Municipal Code relating to the C-B (Central Business) zone district.
2. Adoption 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 adoption of the ordinances.
BACKGROUND:
First reading of these ordinances was given by the City Council at their meeting of February 8, 2006.
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 conceming 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, 1:02PM
P:\ORD_ CEQA\20D5 C-B_ C-C Zones amendmentslAdmini$1TatNfJ Report-2nd reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent
ITEM: 1.1. ¡.
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C Grady, Development Services
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
."Gf.---
MnJ
~
February 7, 2006
SUBJECT: An ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone
Map NO.1 04-08) 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). (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on February 8, 2006.
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 General 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.
ADMINISTRATIVE REPORT
Page 2
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.
pe\admin\2-22-1190 2nd
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent
ITEM: Id-. K.
TO:
FROM:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
APPROVED
DATE:
February 6, 2006
CITY ATTORNEY
CITY MANAGER
/1é-
t1J
~
DEPARTMENT HEAD
SUBJECT: A Resolution approving Memorandum of Understanding for employees of the
Blue and White Collar Units and adopting salary schedule and related benefits.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Labor negotiations with the Blue and White Collar Units of the City have concluded and the proposed
agreement for these units is attached. Staff would like to acknowledge that these Units recognized the
long term liabilities the City is facing with regard to retiree health and pension and worked to achieve
savings the City needs. Specifically, the following significant items are recommended for these bargaining
Units.
1. Three year agreement from January 1, 2005 to 12/31/07.
2. Salary increases: 3% effective 1106 and 4% effective 1/07.
3. Retirement: Employees hired subsequent to the ratification of the agreement to pay full employee
PERS retirement contribution for first five years of employment.
4. Retiree Medical: The current subsidy for health care premiums for retirees to be eliminated for
employees hired subsequent to the ratification of the agreement. The City will commit one percent
match to individual's non-mandatory contributions to their retirement health savings account, after
5 years of employment.
5. Additional classifications have been added to those receiving certification pay for state or national
certification required by a department. These classifications are Building Inspectors, Code
Enforcement Officers, Building staff, Crane Operators, Traffic Signal Technician, Signing and
Striping and Waste Water Mechanic.
February 6, 2006, 5:02PM
Document2
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent
ITEM I~. \.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEADX/
CITY ATTORNEY 91.
CITY MANAGER <'ÍlJ<;
FROM:
Stanley G. Grady, Development Services Director
DATE:
February 10, 2006
SUBJECT: A Resolution of the Council of the City of Bakersfield approving the submittal of an
application to the California Integrated Waste Management Board for a Waste Tire
Enforcement Grant for a period of one year, 2006 - 2007.
RECOMMENDATION:
Adopt the Resolution.
BACKGROUND: This Resolution authorizes the Development Services Department, Code Enforcement
Division to submit an application to the California Integrated Waste Management Board for a Waste Tire
Enforcement Grant. The grant will fund staff time directly related to development, implementation and
monitoring of the program. In addition to enforcement staff, funding for a Clerk Typist to set up and
maintain files, prepare correspondence and reports, and assist with submitting monthly reports to the
State is also included.
This is an effective way to address the City of Bakersfield's need to educate tire dealers and auto
dismantlers of their responsibilities and reduce the illegal disposal of waste tires. The program will be
comprehensive, informative and allows for enforcement action when necessary. It provides for correcting
of waste handling problems, reducing long-term disposal problems, identifying illegal waste tire haulers
and encouraging compliance.
January 30, 2006, 4:01 PM
P:\admin report oct6b 1.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1J-.m.
TO:
FROM:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 15, 2006
DEPARTMENT HEAD
DATE:
CITY ATTORNEY
CITY MANAGER
APPROVED
Vc:
VC'-
~
SUBJECT: A Resolution Supporting Senate Bill 155 (Feinstein) and House of Representatives Bill 970
(Schiff) Concerning Prevention, Deterrence and Punishment of Gangs.
RECOMMENDATION:
The Committee recommends adoption of the Resolution.
BACKGROUND:
Gang activity has increased across the country. Gangs are becoming more sophisticated and are
crossing state lines to carry out their criminal activities. Gangs are actively recruiting juveniles to assist
them in these activities because juveniles are typically treated less harshly when they are convicted.
Senator Feinstein and four other senators have drafted legislation (Senate Bill 155), known as "The
Gang Prevention and Effective Deterrence Act of 2005". Senate Bill 155 sets forth stricter penalties for
crimes committed by or in furtherance of gangs. It also sets forth more instances where juveniles can be
charged and punished as adults. The most important part of the legislation is the appropriation of over
$100 million to help curb gang activity by way of gang-enforcement teams. The teams are made up of
local, state and federal law enforcement officers. There are additional multi-million dollar appropriations to
help hire prosecutors, investigators, etc.
Because the Senate Bill sets forth appropriations, it must be initiated by the House of
Representatives. Therefore, H.R. 970 has been drafted by Representative Schiff and other
representatives. H.R. 970 has the same title and contains all the same language as Senate Bill 155.
The Safe Neighborhoods and Community Relations Committee supports the passage of both bills
and recommends that the City Council support them also.
JS:js
February 16, 2006, 11:17AM
S:\COUNCILlAdminsI05-o6 Adminslsenatebill 1 55reso.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent
ITEM: I;).. n.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~...---
CITY ATTORNEY ¡7JJtI
CITY MANAGER~
SUBJECT: A Resolution of Application proposing proceedings for annexation of uninhabited
territory to the City of Bakersfield property identified as Annexation No. 506 located
south of Taft Highway, generally east and west of Wible Road. (Wards 6 & 7).
FROM:
Stanley C. Grady, Development Services
DATE:
January 12, 2006
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield. The proposed annexation is identified as Annexation No. 506 which
contains 183.99 acres of land. The annexation territory is adjacent to the City limits and within
the City's Sphere of Influence boundary.
The property owner of record has consented to the annexation. The proposal is to annex the
land and develop and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kern. This type of annexation is specifically covered under b. 7. of the agreement
"Annexation of Uninhabited Land and Residential Development."
mo
Admin\2-22-506 Ann
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent
ITEM: 1;)...0.
TO:
FROM:
Honorable Mayor and City Council
Stanley C Grady, Development Services
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
:;r.-
¡9}J;4
~
DATE:
January 23, 2006
SUBJECT: A Resolution of Application proposing proceedings for annexation of uninhabited
territory to the City of Bakersfield property identified as Annexation No. 498 located
generally south of Panama Lane, east and west of Buena Vista Road. (Ward 5).
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield. The proposed annexation is identified as Annexation No. 498 containing
1,731.99 acres of land. The project is also known as "Old River Ranch". The annexation area is
adjacent to the City limits and is within the City's Sphere of Influence boundary.
The property owner has consented to annexation. The proposal is to annex the land and develop
and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
mo\admin\2-22 498 Ann
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent Calendar
ITEM: 1.1. D'
I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 16, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t4:
V&
6Z0?
SUBJECT: Resolution Adopting Council Policy Regarding Councilmember Reimbursement for
Expenses (AB1234)
RECOMMENDATION:
Legislative and Litigation Committee Recommends Adoption
BACKGROUND:
AB 1234 (Salinas) Þecame effective January 1, 2006. This bill requires cities (including charter
cities) which provide Councilmembers reimbursement for expenses, to adopt a written policy which sets
forth the parameters under which such reimbursement may be received and what expenses qualify. In
addition, the new law requires that Councilmembers who are eligible for reimbursement complete a two-
hour ethics class by January 1, 2007.
At the February 14, 2006 Legislative & Litigation Committee meeting, the City Attorney introduced
a similar format of the attached resolution for the Committee's consideration. It was unanimously agreed
by the Committee members to fOlWard this Resolution to the City Council for approval and adoption. If
approved, the Resolution should also be placed in City Council's Policy and Procedure Manual. In
addition, it was agreed that the City Attorney should bring work on language to amend the Resolution in
order to provide for specific situations under which reimbursement for travel, meals and lodging would be
allowed. While this type of language is being worked on, the attached Resolution is a good start and its
adoption is recommended in an effort to expeditiously comply with AS 1234. Once the Committee has
reviewed and discussed additional language, any such amendments will be brought back to the City
Council for consideration.
VG:do
S:\COù'NCllIAdmins\OS.06 Admins\2AB 1234.doc
February 16, 2006·9:56 AM
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: I;).. ój.
V
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover
Director of Recreation and Parks
DEPARTMENT HEAD
&ROVED
~
DATE:
February 9, 2006
CITY ATTORNEY
CITY MANAGER
vr;,
r\lð>
SUBJECT: Amendment No. 1 to Resolution No. 40-99 approving the Retention and Destruction
schedule of certain city records, documents, instruments, books and papers, pursuant to
Section 34090 et seq. of the Government Code of the State of California (Recreation and
Parks).
RECOMMENDATION:
Staff recommends approval of amendment to the resolution.
BACKGROUND:
Currently, the Recreation and Parks Department has a record retention schedule approved by Council
4/14/99; however, since that time, additional types of documents need to be added the list. These include
the following:
· after-school program registration packets
· day camp registration packets
· medical forms signed by Doctor for after-school and/or Day camp programs
· leisure class registrations/waivers
· Participant Incident and Accident reports.
Depending on the nature of the documents, it will be retained for two years, five years, or indefinitely.
February 14, 2006, 1:40PM:rlj
S:\2006 AdminsIRes. 40-99-1_2-22-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: IJ... (".
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DATE:
February 3, 2006
CITY ATTORNEY
CITY MANAGER 61r'7
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreements with Lennar Homes Of California, Inc., for Tract
6196 Unit 3, located west of Mountain Vista Drive and north of Harris Road. (Ward 5)
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.
February 3.2006, 11:19AM
G:\GROUPDAnADMINRPT\2006\02-22\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent Calendar
ITEM: 1.2.5.
TO:
FROM:
Honorable Mayor and City Council
£ROVED
DEPARTMENT HEAD (,
CITY ATTORNEY ~
CITY MANAGER ð1øs
SUBJECT: Agreement with the State of California (maximum annual reimbursement of $23,747.14) for
maintenance of State Highway in the City of Bakersfield (Wards 1 and 2).
Raul M. Rojas, Public Works Director
DATE:
February 1, 2006
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: This agreement provides for the City to perform maintenance functions, such as street
sweeping and highway lighting facilities, on the State Highways within the City of Bakersfield's jurisdiction.
The State will reimburse the City for the actual cost of all routine maintenance work performed by the City,
subject to the maximum expenditures stated in this Agreement.
The City will perform maintenance on State Highways 58, 178, and 204. The maximum annual
reimbursement is $23,207.14 for street sweeping services and $540.00 for maintenance of highway
lighting facilities.
Costs will be updated annually through revision of this agreement.
February 6,2006, 5:11PM
G:\GROUPDAnADMINRPT\2006\02_22\State Cooperative Agreement.doc
.,.,_.,-----_."~....._.. _.__.----,"
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1,;),.+.
TO:
FROM:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
APPROVED
IL
9;;rs
DATE:
February 7, 2006
CITY ATTORNEY
SUBJECT: Improvement Plan Checking Engineering Services:
1. Design Consultant Contract with Meyer Civil Engineering, Inc. (not to exceed $100,000)
for improvement plan checking engineering services.
2. Appropriate $100,000 Improvement Plan Check Revenue to the Public Works
Department's Operating Budget within the Development Services Fund.
RECOMMENDATION:
Staff recommends approval of Agreement and appropriation.
BACKGROUND: The Subdivision Section of the Public Works Department currently has a 8 week
back log in improvement plan check. The goal is to review plans within 2 weeks of submittal. In order to
maintain an acceptable service level for the development community, staff recommends hiring an outside
consultant firm to provide plan checking services during peak times,
Revenue higher than originally estimated will be realized in the current fiscal year because of the
increased activity.
mps
"
February 7.2006, 2:49PM
G:IGROUPDA l\ADMINRPT\2006102-22IMeyerCE Contract.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent Calendar
ITEM: I;}..(,t.
TO:
Honorable Mayor and City Council
APPROVED
/ ".
/. ~
DEPARTMENT HEAD(..DC .
CITY ATTORNEY V~
CITY MANAGER (\l,~
FROM:
Donna L. Kunz, Economic Development Director
DATE:
February 13, 2006
SUBJECT: Amendment NO.1 to Agreement No. 05-381 with Kronick Moskovitz Tiedemann & Girard
($50,000.00 for a total amount not to exceed $125,000.00) for outside legal counsel for the
Millcreek South - Redevelopment Project - CalHFA Funds. (Wards 1 & 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On June 8, 2005, Council authorized the submission of a Section 108 Loan Guarantee application in the
amount of $3.75 million dollars and a Brownfield Economic Development Initiative Grant (BEDI) in the
amount of $750,000 to provide funds for various economic development and housing activities planned
near "Q" Street and the Kern Island Canal. Mill Creek South - Phase 1 economic development mixed use
project consists of development of an affordable housing rental project, 31,000 square feet of new
restaurant and commercial space and the development of the south area of Mill Creek as an urban stream
and green pedestrian parkway.
This project will be the first phase of a larger redevelopment project under exclusive negotiation with
Lennar Corporation which will include another 30,000-50,000 square feet of commercial and restaurant
space and the creation of a new urban style residential neighborhood consisting of 700-1000 homes and
units that will provide affordable and market rate housing opportunities including both rental and ownership
types.
Due to the complex nature of this proposed development, it is necessary to continue legal council with
significant expertise in the area of redevelopment. The law firm of Kronick Moskovitz Tiedemann & Girard
specializes in redevelopment law and maintains the high level of expertise required for the Mill Creek
South redevelopment project. This law firm is handling property acquisition matters currently under
condemnation proceedings.
S:\Admins\City Council\City Council Admins 2006\kronick moskovitz legal services amend 1.doc
2/13/2006 2:34 PM
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent Calendar
ITEM: \J..ý.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD M~
CITY ATTORNEY t/?
CITY MANAGER ~
Nelson Smith, Finance Director
February 10, 2006
SUBJECT: Amendment No. 1 to Agreement No. 05-066 with Office Depot, Inc. for Office Supplies,
extending the Agreement for one (1) year and adding $300,000 additional funds for a
revised not to exceed contract amount of $600,000.
RECOMMENDATION: Staff recommends approval of the amendment to the Agreement.
BACKGROUND: On February 9, 2005, Council awarded the annual contract for Office Supplies to Office
Depot. The Agreement expires on February 7, 2006; however, the contract allows for a twelve (12) month
extension if all parties agree. City staff and Office Depot, Inc. agree to the extension of Agreement under
the same terms and conditions. Extending the Agreement allows the City to continue working with a good
provider and saves staff time and efforts required if this item were to be rebid.
Purchasing Division
OW
S:\PURCH\ADMIN\Office Depot, Inc. Office Supplies, Agreement No. 05-066, Amendment #1, February 22, 2006.doc
February 10, 2006, 11:37AM
ADMINISTRATIVE REPORT
MEETING DATE: Febnuary 22,2006
AGENDA SECTION: Consent Calendar
ITEM: 1:l.W.
TO:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD t/t'l /
CITY ATTORNEY tit;
FROM:
DATE:
February 1, 2006
SUBJECT:
CITY MANAGER <:51\'7
White Lane at State Route 99 Overcrossing Widening and Interchange Improvements
Project (Ward 7):
1. Contract Change No. 9 to Agreement No. 03-208 with Granite Construction
Company ($286,655.98; for a revised not to exceed compensation amount of
$6,793,473.24), to constnuct project.
2. Appropriate $300,000 additional traffic impact fees to the Capital Improvement
Budget within the Transportation Development Fund.
RECOMMENDATION: Staff recommends approval of contract change order and appropriation.
BACKGROUND: On July 9, 2003, the City of Bakersfield entered into Agreement No. 03-208 with Granite
Construction Company Inc. for the construction of White Lane at State Route 99 Overcrossing Widening
and Interchange Improvement project. During the course of construction, several design errors were
discovered in the Plans and Specifications prepared by the City's Design Consultant, URS Corporation.
These errors resulted in reconstructing portions of the work to meet Caltrans' minimum design standards
which were not met in the original plans and specifications prepared by the Design Consultant. In
addition, Caltrans requested additional widening on White Lane within Caltrans' right of way to meet
minimum shoulder widths per Caltrans' design standards.
This Change Order No. 9 addresses the 5 feet of additional shoulder widening required by Caltrans on
White Lane between Wible Road and State Route 99. This Change Order also addresses the additional
cross slope work needed to construct the temporary eastbound to southbound onramp as required by
Caltrans. These changes will result in an increase of $122,158.99.
In order to construct this project as intended and in compliance with Caltrans' requirements, a number of
contract item quantities had to be either increased or decreased. These increases and decreases are
outlined in the attached Change Order and result in a net increase of $164,496.99.
Staff recommends an additional appropriation of $300,000 to cover this contract change order and other
miscellaneous costs such as inspection services and testing.
This is the ninth and final contract change order to be submitted for the project. This change order will
increase the project total by $286,655.98. The change orders to date on this project reflect a net increase
of $1,169,398.24 (which is an increase of 20.8% of the original contract amount) as illustrated below:
. Original Contract Amount = $5,624,075.00
. Amended Contract Agreement after Change Orders = $6,793,473.24
Netlncrease = $1,169,398.24
City staff has met with URS Corporation in regards to the reimbursement for Contract Change Orders
which were a direct result of design errors prepared by URS. Staff is hopeful that a mutually acceptable
resolution will result from these negotiations without seeking legal actions.
February 13. 2006, 3:13PM
G:\GROUPOAT\ADMINRPT\2006\02-22\White Lane CCO 9 Admrpt.doc
{Ð
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: I;j..y.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
February 1, 2006
SUBJECT: Contract Change Order NO.1 to Agreement No. 05-218 with Floyd Johnston Construction
Company, ($27,445.00; for a revised not to exceed compensation amount of $8,842,645),
for the Trunk Sewer Replacement along Planz Road (Ward 1).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Construction of the Trunk Sewer Replacement project along Planz Road was awarded
to Floyd Johnston Construction Company at the June 8, 2005 Council meeting. The awarded contract
amount was $8,815,190.
A previously undetected manhole was discovered during construction. This manhole must be abandoned
and replaced with a new manhole and the connecting sewer line must be extended to the new manhole.
This manhole was undetected during design because it was buried below the existing pavement. The
contractor has agreed to do this additional work for $27,455.
This is the first contract change order to be submitted for the project. This change order will increase the
project total by $27,455. The change orders to date on this project reflect a net increase of $27,455
(which is an increase of 0.31% of the original contract amount) as illustrated below:
.
.
Original Contract Amount =
Amended Contract Agreement after Change Orders =
Net Increase =
$8,815,190.00
$8,842,645.00
$ 27,455.00
Rick_M@Construction
2/1/2006 3051005 PM
G;\GROUPDA nADMINRPru006\02-22\Planz Road Sewer - ceo 1.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: Consent Calendar
ITEM: 1,),\/.
I
FROM:
DATE:
~
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD ~
February 2, 2006 CITY ATTORNEY iJA'_ ~ V&-
/ /1-'<C7
CITY MANAGER () tA.J/
TO:
Honorable Mayor and City Council
APPROVED
SUBJECT:
Revised Job Specification: Maintenance Craftworker II
RECOMMENDATION:
Staff recommends approval of the revised job specification.
BACKGROUND:
A study of the duties and responsibilities of the Maintenance Craftworker II position in the Fire Department
was conducted. Based on the study, it was determined that it was no longer necessary for the position to
lead and oversee the field maintenance activities and projects for the Fire Department including the
inspection and certification of life safety equipment such as SCBA's and inhalators.
There is no budgetary impact as the salary will remain the same. The revised job specification is
scheduled to be approved by the Fire Civil Service Board at their February 13, 2006 meeting. CCAPE
concurs with the proposed job specification revision.
February 2, 2006, 1 0:02AM
S:'ADMINRPl\Job Specification-Maint Craftwkr II-Fire. dot
w_·_··__~·,__· _ _.~.__._..___ '_"_.'_~
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.1. '2- .
TO:
FROM:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY If»t4
CITY MANAGER <fhJ>
SUBJECT: Receipt and acceptance of Audit Reports for the Fiscal Year ended June 30, 2005:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DATE:
February 8, 2006
1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2005.
2. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City
of Bakersfield for the fiscal year ended June 30, 2005.
3. Independent Auditors Report - Compliance with Contractual Requirements relative to the
Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2005.
4_ Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of
Bakersfield for the fiscal year ended June 30, 2005.
5. Independent Auditors Report - Rabobank Arena, Theater, Convention Center & Ice Sports Center
for the fiscal year ended June 30, 2005.
RECOMMENDATION: The Budget and Finance Committee recommends acceptance of the audit
reports for the Fiscal Year ended June 30, 2005.
BACKGROUND:
The above audit reports were distributed to the full council in their respective Budget and Finance packets
earlier this month.
The City audit opinions were provided by M. Green and Company, who are in their first year of a five year
commitment. The Rabobank Arena audit opinion was provided by Barbich, Longcrier, Hooper and King.
The Budget and Finance Committee reviewed the reports at their February 8, 2006 meeting. All of the
audit opinions were unqualified opinions with no significant reportable conditions found. The Budget and
Finance Committee voted to forward the reports to the City Council and are recommending the reports be
accepted.
February 8. 2006. 3:28PM
S:\KimGIForms & LableslAdmin-Cafr2005.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: \¡.Ctó.-.
TO
FROM
DATE
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ".v5
February 9, 2006
CITY ATTORNEY
CITY MANAGER
~h
SUBJECT: Appropriate Assessment District Revenues of $306,290 and Assessment District Debt
Interest payment of $105,646 to the non-departmental budget of Assessment District 04-3
(Solera / Rio Vista) to facilitate bond interest payment due in March 2006.
RECOMMENDATION:
Staff recommends approval of the appropriations.
BACKGROUND: Bond Purchase Agreement and other related bond documents associated with
Assessment District 04-3 (Solera / Rio Vista) were approved by Council on May 25, 2005 (toward the end
of the 2004-05 fiscal year) Bonds were then marketed and the sale transaction was completed on June
28, 2005. Due to an oversight during the transition of Finance Staff and the timing of this particular bond
issue funding so late in the fiscal year, the budgeting of assessment revenues and bond interest payments
were inadvertently omitted from the 2005-06 adopted budget document. This budget amendment
authorizes the appropriation of the March 2006 interest payment due on this Assessment bond issue
(nks)
January 14. 2006, 8:56PM
S:\KimG\Fonns & labJes\Admin-AssmtDist04-3 budget correction.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: J.. b'o·
TO:
FROM:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
DEPARTMENT HEAD
APPROVED
M/
,
DATE:
February 10, 2006
CITY ATTORNEY
CITY MANAGER
v?
&J5
SUBJECT: Additional Full-time Positions and Equipment in Graffiti, Parks, and Administration
1. Authorize (1) Police Officer position
2. Authorize (1) Maintenance Craftworker I position
3. Authorize (1) Park Technician position
4. Authorize (1) Secretary I position
5. Appropriate $178,000 General Fund Balance to the Police Operating Budget and
the Public Works Operating Budget within the General Fund
6. Appropriate $58,000 additional plan check fee revenue to the Recreation and Parks
Operating Budget within the General Fund
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Graffiti Proaram
Graffiti vandalism is growing tremendously, along with calls to the City to remove the graffiti. In particular,
graffiti is more visibly apparent in the City's parks and streetscape walls. To combat this problem, staff is
recommending a staffing increasing in the area of graffiti enforcement and eradication. We propose
adding one (1) Police Officer dedicated to graffiti enforcement and prosecution throughout Bakersfield,
and one (1) Maintenance Craftworker in Public Works dedicated to graffiti removal in all city parks and
streetscape walls.
The cost of the Police Officer position for the remainder of the year, including vehicle, mobile data
computer, and equipment, is $80,000. The cost of the Maintenance Craftworker I position for the
remainder of the year, including truck, pressure washer, and other equipment, is $53,000. These
positions, if approved by the City Council, would be added to the staff complement in the FY 06-07
Budget.
In addition to staffing, we request a budget increase to purchase (3) surveillance camera systems for the
Parks and other areas of town where graffiti is occurring on a regular basis. The camera system is
designed with 3 to 5 separate cameras and a monitor to record illegal activities in a particular area. The
cameras are designed to be portable so they can be used where needed-typically in locations where
February 13, 2006, 5:45PM
SC:\Documents and Settings\achriste\Desktop\New Positions 022206.doc
ADMINISTRATIVE REPORT
graffiti is occurring on a regular basis. The recordings would be used as evidence in apprehending and
prosecution of graffiti vandals. The cost of that system is $15,000 each. We propose three (3) camera
systems for the Graffiti Program in the Public Works Department for a total cost of $45,000. This request
is for an appropriate only. At a future date, when we are ready to purchase the camera systems, the City
Council would be asked to award any bid purchase in excess of $40,000.
We propose appropriating excess fund balance in the General Fund to pay for all the positions and
equipment related to enhancing the graffiti removal and enforcement program. Fund balance is available
because of excess sales tax revenue generated by the recent building boom in Bakersfield.
The total cost of the positions, equipment, and cameras to enhance the Graffiti program in Police and
Public Works is $178,000, which we request to be appropriated for that purpose. The portion of the
appropriation allocated to Police is $80,000, and the portion allocated to Public Works (Graffiti) is
$103,000.
Park Technician Position
The city's tremendous growth also has also resulted in the Parks Department's planning, plan check, and
inspection section being overwhelmed with submittals for new projects while lacking staff to provide the
services. The current staffing level of two park technicians cannot meet the new workload.
Builders pay a fee for City staff to check their plans and inspect the parks, medians, and streetscapes they
install. The current circumstance is that we will collect sufficient revenue to pay for that service to the
building community, but we do not have sufficient staffing to actually provide that service in a reasonable
time frame. Through December 31, 2005, we had collected $162,000 of plan check and inspection
revenue in excess of our budget estimate. Therefore, we propose using the excess revenue to pay for
hiring one (1) new Park Technician. The cost for a Park Technician position for the remainder of the year,
including vehicle and equipment, is $58,000, which amount we request be appropriated.
Secretary Position
A Secretary I position in the City Manager's office is needed to handle increased workload as a result of
increased level of activity, support to City Council and departments, and projects related to rapid growth
city-wide. The Secretary position was eliminated a few years ago when the organization was downsized
because of the State budget crisis; therefore, this action would reinstate the clerical staffing to a level
which we had 3 years ago. There are currently two clerical employees in the office; one of which is
intending to retire by calendar year end. In addition to the increased workload, we need to hire someone
now to cross-train staff in anticipation of that retirement. The department has funds budgeted for a
temporary Secretary position, which has not been filled; therefore, we propose shifting the part-time funds
for a full-time position. Because the position will be funded with salary savings, no appropriation is
necessary .
February 13. 2006, 5:45PM
SC:\Documents and Settings\achriste\Desktop\New Positions Q22206.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22, 2006
AGENDA SECTION: Re.porl"S
ITEM IS.C\..
Raul M. Rojas, Public Works Director
AP~VED
DEPARTMENT HEAD I
CITY ATTORNEY V4
CITY MANAGER---61 rs
TO:
FROM
DATE:
Honorable Mayor and City Council
February 14, 2006
SUBJECT
Program Management Services for the Thomas Roads Improvement Program (Various
Wards):
1. Agreement with Parsons Transportation Group ($40,000,000) to provide program
management services until June 30, 2011.
2. Appropriate $2,616,271 Federal Funds to the capital improvement budget within the
Federal Transportation Fund and Appropriate and Transfer $422,468 additional traffic
impact fee revenue from the Transportation Development Fund to the capital improvement
budget within the Federal Transportation Fund.
RECOMMENDATION: Staff recommends approval of Agreement, appropriations, and transfer.
BACKGROUND:
Staff issued a Request for Qualifications (RFQ) for Program Management Services for the Thomas Road
Program on November 220d Five firms responded to this RFQ:
Parsons Transportation Group, Inc. (Irvine, California)
Hatch Mott MacDonald, Inc. (Pleasanton, California)
Earthtech, Inc. (San Diego, California)
Benham (Oklahoma City, Oklahoma)
Minner, Stinnett, Koo & Agbayani - Structural and Civil Engineers (Bakersfield)
Based on a review of their qualification submittals, the selection committee invited three of the firms listed
above to interview with the committee. Interviews were held on January 23, 2006. Based on the
interviews, the Selection Committee concluded that Parsons Transportation Group (Parsons) was the
most qualified firm to provide Program Management Services for the Thomas Roads Program. In
accordance with federal procurement procedures for these types of services, cost was then negotiated
between Parsons and the City after Parsons was selected as the most qualified.
Parsons will be providing staff with extensive experience in highway project design and management,
environmental issues related to transportation projects, the California Environmental Quality Act (CEQA),
the National Environmental Policy Act (NEPA), and conducting business with Caltrans and Federal
Highways Administration (FHWA). Parsons will be assisting City staff with preparation of initial purpose
G:\GROUPDAMDMINRPT\2006\02-22\Parsons PM Agreement Admin,doc
ADMINISTRATIVE REPORT
and need statements and for the projects, a fundamental issue that the FHWA requires for all projects
using federal funds Other tasks Parsons will be performing include:
o For projects not on the State Highway System, Parsons will be providing constructability and value
engineering reviews at various stages of design (Caltrans will do this for projects on the State
Highway System)
o Provide technical expertise, management, and adequate staffing to keep pace with required work
effort which includes reviewing consultant submittals, tracking consultant performance, and
addressing technical issues as they arise.
o Parsons will ensure compliance with all Federal, State, and local laws, regulations, rules, and
mandates applicable to the Thomas Roads Projects, including compliance with environmental
documents and mitigation measures.
o Upon receiving a Notice to Proceed, Parsons will immediately begin working with City to develop a
staffing plan that includes City, County, Caltrans, and CONSULTANT personnel to formulate an
organization that will successfully deliver Program.
o Within 30 days of receiving a Notice to Proceed, Parsons will prepare and implement a Program
Management Plan that includes organizational responsibilities, authority and delegation of
authority, operating standards, communication channels, etc. providing for short chains of
command and direct access to resources to support tasks and clear accountability for work
products, activities, and deliverables
o Within 60 days of receiving a Notice to Proceed, Parsons will prepare an overall Program Delivery
plan that outlines the necessary taskslstrategies for successful delivery of the Thomas Roads
Program and identify potential issues that will need to be addressed. Included will be an analysis
for each individual project indicating potential risks that could delay project delivery.
o Parsons will provide a master cost analysis and schedule for Projects in the Thomas Roads
Program that will initially use available information, but that will continue to be updated as more
information becomes available and as the Thomas Roads Projects continue to be better scoped
through the project development process.
o Parsons will be providing a monthly progress/status report including cost reports, overall Program
schedule, and individual schedules and reports for each individual project.
o Parsons will assist City staff with preparation of additional Requests for QualificationslProposals for
environmental and design work for the various projects in the Thomas Roads Program.
o Parsons will establish the Program's technical standards and procedures, including preparation of
a Project Procedures & Standards Manual, and a Quality Assurance/Quality Control Plan. Parsons
will include the adaptation of Caltrans standards and approaches as applicable.
o Parsons will recommend design and construction project packaging, based on analysis of
proposed project phasing, efficient contract sizing, and other considerations.
G:\GROUPDAT'ADMINRPT\2006\02-22IParsons PM Agreement Admin,doc
ADMINISTRATIVE REPORT
o Parsons will establish the Project Controls System that includes the Thomas Roads Program
schedule, cost/budget, configuration management, and document control components. Primavera
software will be utilized for this work.
o Parsons will coordinate with regulatory and permitting agencies to further define mitigation issues
and restrictions for the projects, particularly as they pertain to construction procedures
o Parsons will ensure that all requirements from environmental mitigation measures and regulatory
permits are incorporated into the individual project designs.
Parsons presented a number of ideas on how the Thomas Roads Program could be accelerated,
particularly with regard to the environmental phase of the project development process. Parsons is
currently providing program management services for the construction of high occupancy vehicle lanes for
State Route 22 in Orange County. Parsons is providing these services under contract to the Orange
County Traffic Authority for this project. As part of these services, Parsons is reviewing contractor
submittals on behalf of Caltrans; Caltrans is performing audits and "over the shoulder" reviews. It is this
same type of plan that Parsons is proposing for the review of environmental documents and studies for the
Thomas Roads Program; that Parsons will do these reviews and Caltrans would audit their reviews.
Caltrans will have to agree to the implementation of this document review plan. One of the techniques
being discussed to expedite the construction of the projects is to use the design-build process where the
project is basically designed and constructed concurrently after the environmental clearance for the project
is obtained Parsons has extensive experience with this process which is currently being utilized for the
SR22 project mentioned above.
As part of their services, Parsons will be developing program and project delivery strategies, as well as a
plan to implement these strategies. Parsons will also be providing all the initial survey and topography
work that subsequent consultants, yet to be selected, will use in the preparation of the environmental
documents and engineering reports for the projects. Parsons will also be doing some initial concept
design work, and will prepare scoping documents where necessary to provide initial groundwork data on
which the subsequent environmental documents will be based. Parsons will be managing and reviewing
the work of the 8-10 other prime engineering consultant firms that will be, under contract to the City,
preparing these subsequent environmental documents for the projects, and they will later also then
manage the firms that will prepare the final construction drawings and documents
This agreement is subject to a Caltrans audit of Parson's internal accounting procedures. This agreement
is for a 5 year, 4 month period that extends until June 30, 2011, and has a not to exceed amount of $40
million over the duration of the agreement. However, there are several termination clauses in the
agreement so that it could be terminated at anytime due to non performance, lack of funding, or even
without any cause with a 30 day notification. As the Thomas Roads Program will continue past the
termination date of this agreement, it is anticipated that this agreement will be amended in the future to
extend the scope of work and termination dates beyond the current time horizon of June 30, 2011. The
appropriation requested is only to cover the portion of the agreement for the 2005-06 fiscal year. Funds
will need to be appropriated by the City Council on an annual basis thereafter with the Capital
Improvement Budget to fund this agreement in future fiscal years.
GIGRQUPDAnAOMINRPT\2006\02-22\Parsons PM Agreement Admin,doc
ADMINISTRATIVE REPORT
MEETING DATE: February 22,2006
AGENDA SECTION: New Business
ITEM J'l.a..
TO
FROM
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD /V:J
CITY ATTORNEY ~
CITY MANAGER c11o?
February 14, 2006
SUBJECT: Advance Refunding of 1997 Certificates of Participation to generate one time savings of
approximately $2,000,000 to be used for capital improvements for the Rabobank
Convention Center and Arena complex.
1. Agreement with Kutak Rock LLP for bond counsel services.
2. Agreement with Pillsbury Winthrop Shaw Pittman LLP for disclosure counsel services.
3. Resolution guaranteeing lease payments from moneys otherwise payable to the City
from the Motor Vehicle License Fee Account.
4. Resolution approving and directing the execution of a First Amendment to
Reimbursement Agreement.
5. Resolution approving the execution, sale and delivery of not to exceed $36.7 million of
the 2006 Refunding Certificates of Participation to provide for the full refunding of the
1997 Certificates; approval of the form and substance of Purchase Contract,
Preliminary Official Statement Final Official Statement, Rule 15c2-12 Certificate,
Property Lease, Assignment Agreement, Trust Agreement, Lease Agreement, Escrow
Agreement, Continuing Disclosure Certificate and authorizing and directing additional
actions necessary to implement the proposed refunding program.
RECOMMENDATION: Staff recommends approval of the above referenced agreements and resolutions,
authorizing the advance refunding of the 1997 Certificates of Participation.
BACKGROUND: In 1997 the City of Bakersfield and the Bakersfield Redevelopment Agency entered into
a joint lease agreement, trust agreement and other contractual arrangements in order to facilitate the
issuance of $40,650.000 Certificates of Participation. Approximately $34 million was used for the
construction of the Arena facility. The remaining funds were used to refinance existing debt of the City
and the Agency. Current debt service on the 1997 Certificates is approximately $3,156,000 per year, wIth
final maturity scheduled for April 2022.
On November 30, 2005 various documents were brought before the City Council to pursue a partial
advance refunding of a large portion of the remaining 1997 Certificates. It was estimated at that time that
the City would generate net savings of approximately $1,400,000 if the partial advance refunding were to
come to fruition.
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Feb. 9.2006
4826-0198-1440.2
ADMINISTRATIVE REPORT
During the final stages of the proposed partial refunding efforts, it became apparent that there were some
additional complexities associated with the "partial" refunding concept that caused a halt to the
proceedings. The City financing team began pursuing alternative plans, where the concept of a full
advance refunding of the 1997 Certificates was deemed the most appropriate course of action.
The full refunding plan includes the issuance of two separate series of Certificates that would payoff all of
the remaining 1997 Certificates. Series A would be a tax exempt issue of approximately $25 million and
Series B would be a taxable issue of approximately $10.5 million. The Series B Certificates would include
a conversion clause that would switch the Series B Certificates from a taxable rate to a tax exempt rate on
April 1, 2007. The estimated projected savings of $2,000,000 is based on the assumption that the Series
B Certificates will, in fact, convert to a tax exempt interest rate at a future date This conversion concept is
based on a favorable tax attorney opinion to be provided at this future date. There is a slight risk that the
tax attorney may be unable to provide such opinion in the future, if certain circumstances associated with
convention center and arena operations should suddenly refiect significant profitability or if federal tax law
rules were to change. If either of these were to happen, the Series B Certificates would remain taxable
and future debt service payments would be higher than projected, thus eliminating about $650,000 of the
projected savings over the remaining term of the debt (April 2022). The financing team views these
potential risks as "unlikely".
One time savings from the full advance refunding transaction is currently estimated at $2,000,000. We are
proposing that this savings be structured as "up front" savings to be used for capital improvements to the
Rabobank Arena and Convention Center complex. This is accomplished by paying interest only on the
new debt in fiscal year 2006 and 2007, thus recognizing the majority of savings in the first 18 months.
Debt services payments would level out at about $3,150,000 in 2008 and there would be very minor
savings recognized from 2008 through 2022. The overall term of the Certificates is not being extended
and the overall annual debt service payments would only increase if the Series B Certificates are not able
to convert to tax exempt status.
Due to the structuring of the debt refunding transaction, whereby the City funds a defeasance escrow for a
high to low advance refunding, we would be issuing about $1,310,000 more in principal debt than is
currently outstanding ($34.775,000 in new debt vs. $33,465,000 in debt being refunded). However, the
end result is still as described above, where the term of the debt is not extended, where future debt
service payments would most likely remain at their current level, and where the City would recognize net
savings of about $2.000,000; with most of the savings recognized in the current fiscal year. [Just as in
1997, the City is electing to participate in the State Motor Vehicle License Fee Intercept Program, which
improves the credit quality and lowers the interest cost of the 2006 Certificates.]
The capital improvements being considered at this time include the following: improvements to the sound
system at the convention center, recovering the seats in the convention center, video display
enhancements to the club room and luxury suites at the arena, an LED advertising banner that would
potentially increase advertising revenues and enhance fan experience, and possibly other capital Items
that would enhance renewals of the luxury suites or sustain the marketability of the facilities.
FINANCING DOCUMENTS: In connection with the 2006 advance refunding transaction, the City's
obligations under the 1997 transaction documents will terminate, and the City will approve and enter into a
new Property Lease. Lease Agreement and Trust Agreement, each of which has substantially the same
terms as the 1997 transaction documents. The City will also be approving and executing a First
Amendment to Reimbursement Agreement, a Purchase Contract with the Underwriter, an Escrow
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Feb. 9. 2006
4826-0198-14402
......----~--
ADMINISTRATIVE REPORT
Agreement, a Rule 15c2-12 Certificate and a Continuing Disclosure Certificate. The City will also be
approving a new Assignment Agreement (to which the City is not a party) and a Preliminary and Final
Official Statement.
The Property Lease and Lease Agreement create a lease-lease back structure, which is the financing
mechanism required to execute and deliver certificates of participation. Pursuant to the Lease Agreement,
the City will make Lease Payments to the Agency. The Agency assigns all of its rights to receive lease
payments to the Trustee in the Assignment Agreement. The Trustee holds the lease payments in trust,
pursuant to the Trust Agreement, until the Trustee pays the Certificate holders the principal and interest
portion of the lease payment represented by their Certificates.
The Preliminary Official Statement is the disclosure document provided by the City to prospective
purchasers of the Certificates and the Final Official Statement is the disclosure document provided by the
City to the Underwriter of the Certificates who then in turn provides the document to purchasers of the
Certificates. In connection with the Preliminary Official Statement, the City must execute a Rule 15c2-12
Certificate, in which the City represents that the Preliminary Official Statement has been "deemed final"
within the meaning of the Securities and Exchange Commission Rule.
The Purchase Contract requires the Underwriter to purchase the Certificates, provided certain terms and
conditions set forth therein are met by the City and other parties. The Escrow Agreement sets forth the
terms for the advance refunding of the 1997 Certificates, including the obligation of the Escrow Agent to
establish and maintain certain funds and accounts, the parameters for investing moneys on deposit in the
escrow fund and the payment requirements for the 1997 Certificates. The Continuing Disclosure
Certificate sets out the City's obligation under S.E.C Rule 15c2-12 to provide updated financial and
operating information to certain securities information repositories on an annual basis and to provide
notices of certain material events to such securities information repositories upon the occurrence of such
material events. The City will also amend the 1997 Reimbursement Agreement in order. to allow the
Agency's reimbursement payments to continue to the City through the term of the 2006 Certificates (April
2022), which is the same term for the existing 1997 Certificates.
Copies of all documents related to this pending transaction have been included in disc form in your
agenda packets A paper copy of all documents is on file in the City Clerks Office.
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Feb. 9,2006
4826-0198-1440.2
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 8, 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, Couch,
Hanson, Sullivan (seated at 5:16 p.m.),
Scrivner
Absent:
None.
2. INVOCATION by Councilmember Carson.
3. PLEDGE OF ALLEGIANCE by Vice-Mayor Maggard.
4. PUBLIC STATEMENTS
a. Sheri Horn Bunk, Director of Development for the
Bakersfield Symphony, spoke regarding the
Baseball Music Project and with the assistance of
Milt Younger presented the Council and Mayor with
tickets to the event March 26.
5. CONSENT CALENDAR
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.
Bakersfield, California, Feb. 8, 2006 - Page 2
5.
CONSENT CALENDAR continued
Ordinances:
c. Business & Commercial Zoning Ordinances:
d.
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.
First Reading of Ordinance amending
Sections 17.26.010,17.26.020,17.26.050,
17.26.070, 1726.080 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. 104-08) 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)
1.
2
e.
Adoption of Ordinance adopting a Negative
Declaration and amending Section 17.06.020
(Zone Map No. 103-15) 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)
f
Adoption of Ordinance adopting a Negative
Declaration and amending Section 17.060.020
(Zone Map NO.1 03-15) 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
FR
ORD 4309
ORD 4310
Bakersfield, California, Feb. 8, 2006 - Page 3
5. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
g. Resolution authorizing the execution of a standard RES 026-06
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:
1. Resolution determining that two (2) asphalt RES 027-06
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.
i. Resolution of Intention No. 1430 to add territory, ROl1430
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.
j. Resolution of Intention No. 1431 to add territory, ROl1431
Area 5-22 (Cottonwood, Watts SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving the Public
Works Director's Report.
k. Resolution of Intention No. 1432 to add territory, ROl1432
Area 5-23 (S. Union, Hosking SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving the Public
Works Director's Report.
Bakersfield, California, Feb. 8, 2006 - Page 4
5.
CONSENT CALENDAR continued
I.
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.
m.
Agreements:
n. 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.
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.
2.
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.
o.
Agreement with Lim 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.
._..._~...............-~"._.",_._~_."-
ACTION TAKEN
ROl1433
ROl1434
AGR 06-030
AGR 06-031
AGR 06-032
AGR 06-033
AGR 06-034
AGR 06-035
AGR 06-036
AGR 06-037
AGR 06-038
AGR 06-039
AGR 06-040
AGR 06-041
AGR 06-042
AGR 06-043
AGR 06-044
AGR 06-045
AGR 06-046
AGR 06-047
AGR 05-228(1)
Bakersfield, California, Feb. 8, 2006 - Page 5
5.
CONSENT CALENDAR continued
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:
t.
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.
v. Revised job specifications for Code Enforcement
Officer 1/11.
w. 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.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 5.a. through 5.v., with the deletion of
item 5. w., and the removal of item 5.t. for separate
consideration.
ACTION TAKEN
AGR 98-258(3)
AGR 04-338 CC05
REMOVED FOR
SEPARATE
CONSIDERA TION
APPROVED
_....~_._---. _.__.~------_._----_._._..-._._-_._._-_.,~,.._---,---
-----..-
Bakersfield, California, Feb. 8, 2006 - Page 6
5.
CONSENT CALENDAR continued
t. 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.
Motion by Councilmember Carson to continue the item
to the 2-22-06 Council meeting.
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.
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.
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.
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.
ACTION TAKEN
APPROVED
RES 028-06
FR
RES 029-06
____.__ c'<_____'__,_. ~~_ _~_,,____..______
Bakersfield, California, Feb. 8, 2006 - Page 7
6. CONSENT CALENDAR HEARINGS continued
Item 6.b. continued
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.
Resolution approving the Negative
Declaration and adopting the cancellation of
the Williamson Act Contract on 22.5 acres.
3.
c. Public Hearing to consider General Plan
Amendment/Zone Change 05-0426; The Monarch
Affiliates, representing Paul Schallberger, 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.
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.
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.
2.
d.
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 7'" Standard Road and the
planned Allen Road alignment (future).
ACTION TAKEN
FR
RES 030-06
RES 031-06
FR
REMOVED FOR
SEPARATE
CONSIDERA TlON
Bakersfield, California, Feb. 8, 2006 - Page 8
6.
CONSENT CALENDAR HEARINGS continued
Item 6.d. continued
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.
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.
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
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 2232 acres.
f. 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.
1.
2.
ACTION TAKEN
RES 032-06
FR
Bakersfield, California, Feb. 8, 2006 - Page 9
12.
CONSENT CALENDAR HEARINGS continued
Item 6.1. continued
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.
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) on 80 acres.
2.
g. Public Hearing to consider General Plan
Amendment/Zone Change 05-0933;
SmithTechlUSA, 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.
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.
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.
2.
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).
..---_. ----...- ~----~~... -_..._--_.~--~--_._----~,-,,-_._---,.__._~
ACTION TAKEN
RES 033-06
FR
RES 034-06
FR
Bakersfield, California, Feb. 8, 2006 - Page 10
6.
CONSENT CALENDAR HEARINGS continued
Item 6.h. continued
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
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.
2.
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).
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.
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 18.7
acres.
2.
j. Public Hearing to consider General Plan
AmendmenUZone 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.
ACTION TAKEN
RES 035-06
FR
RES 036-06
FR
Bakersfield, California, Feb. 8, 2006 - Page 11
6.
CONSENT CALENDAR HEARINGS continued
Item 6.j. continued
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.
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.
2
k. 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.
1.
Resoiution 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.
I. 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.
"---------, -_._-_...._~.~-_.__. ._~~~--_._-"~-~.~-~--
ACTION TAKEN
RES 037-06
FR
RES 038-06
Bakersfield, California, Feb. 8, 2006 - Page 12
6. CONSENT CALENDAR HEARINGS continued
Item 6.1. continued
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.
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.
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.
1.
2.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment of a Specific Plan Line for
Brentwood Drive.
n. 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.
1.
Resolution approving the Negative
Declaration and adopting the General Plan
Circulation Amendment for Chase Avenue
Specific Plan Line.
ACTION TAKEN
RES 039-06
FR
RES 040-06
RES 041-06
Bakersfield, California, Feb. 8, 2006 - Page 13
6. CONSENT CALENDAR HEARINGS continued
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 related to noise generated
by mobile sources.
1.
Resolution making findings, adopting
proposed amendment to the Noise Element
of the Metropolitan Bakersfield General Plan
(File No. 05-1319).
City Clerk McCarthy announced correspondence
was received regarding item 6.d. from Crimson
Resources in opposition to the proposal, and from M
& S Land Company in support of the proposal;
therefore, at the request of the City Attorney the
item will be heard at the end of the regular hearing
calendar.
Hearings opened at 5:30 p.m.
No one spoke.
Hearings closed at 5:31 p.m.
Motion by Vice-Mayor Maggard to approve items 6.a
through 6.0., with the removal of item 6.d. to heard at
the end of the regular hearing calendar.
Recess taken from 5:33 to 618 p.m.
RECESS
7. HEARINGS
a. Public Hearing to consider General Plan
Amendment/Zone Change 05-0410; 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 Cas a Loma Drive.
ACTION TAKEN
RES 042-06
APPROVED
Bakersfield, California, Feb. 8, 2006 - Page 14
7. HEARINGS continued
Item 7.a. continued
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 comments by Development Services Director
Stan Grady.
Hearing opened at 6:22 p.m.
No one spoke in opposition to the staff
recommendation.
Matt Vovilla, Pinnacle Engineering, and Tim Denari,
property owner, submitted written information and
spoke in favor of the staff recommendation.
Motion by Councilmember Carson to adopt the
Resolution and give first reading to the Ordinance
with the condition a City park with a spray park water
feature be included in the project.
b. Public Hearing to consider General Plan
Amendment/Zone 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.
ACTION TAKEN
RES 043-06
FR
APPROVED
Bakersfield, California, Feb. 8, 2006 - Page 15
7.
HEARINGS continued
Item 7.b. continued
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.
Development Service Director Grady made staff
comments.
Hearing opened at 6:34 p.m.
Gordon Nipp, on behalf of the Sierra Club, and Sam
Alvarado spoke in opposition to the staff
recommendation.
Roger Mcintosh, Mcintosh and Associates, spoke in
favor of the staff recommendation.
Gordon Nipp, on behalf of the Sierra Club, and Sam
Alvarado, spoke in rebuttal opposition to the staff
recommendation.
Hearing closed at 6:46 p.m.
Motion by Councilmember Sullivan to certify the final
EIR, adopt the Resolution approving the General Plan
Amendment and give the Ordinance first reading.
c. 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.
ACTION TAKEN
RES 044-06
RES 045-06
APPROVED
Bakersfield, California, Feb. 8, 2006 - Page 16
7.
HEARINGS continued
Item 7.c. continued
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.
City Clerk Mccarthy announced correspondence
was received from Young Wooldridge in opposition
to the item; additionally correspondence was
received from Paul Hastings et. al. in support of the
item.
Development Services Director Grady made staff
comments.
Hearing opened at 6:52 p.m.
Mike Kaia, Law Offices of Young Wooldridge,
on behalf of Kern Canyon Estates LP, spoke in
opposition to the staff recommendation.
Gordon Nipp, on behalf of the Sierra Club, spoke in
support of the staff recommendation
Hearing closed at 6:57 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution
and give first reading to the Ordinance.
ACTION TAKEN
RES 046-06
RES 047-06
FR
APPROVED
Bakersfield, California, Feb. 8, 2006 - Page 17
7.
HEARINGS continued
d. 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 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 Petròleum) 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 DwellinglPetroleum Extraction
Combining District) on approximately 140
acres.
City Clerk McCarthy announced correspondence
was received regarding this item from Crimson
Resources in opposition to the proposal, and from M
& S Land Company in support of the proposal
Development Services Director Grady made staff
comments.
Hearing opened at 7:01 p.m.
Terj Bjorn, Clifford and Brown, on behalf of Crimson
Resources, spoke and submitted written material in
opposition to the staff recommendation. Additionally
Gary Buntman, Vice-President and coowner of
Crimson Resources spoke in opposition and
submitted written material.
ACTION TAKEN
RES 048-06
FR
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Bakersfield, California, Feb. 8, 2006 - Page 18
7.
HEARINGS continued
Item 7.d. continued
Maurice Etchechurry, property owner, spoke in
support of the staff recommendation.
Teri Bjorn and Gary Buntman spoke in rebuttal
opposition of the staff recommendation.
Maurice Etchechurry spoke in rebuttal support of the
staff recommendation.
Motion by Councilmember Couch to adopt the
Resolution approving the Negative Declaration,
approving the proposed General Plan Amendment,
adopting the Specific Plan Line and give first
reading of the Ordinance, with a condition added
regarding the setback, and landscaping on ih
Standard Rd. Additionally, the project
applicant agrees to a condition of approval that
both parties will enter into an accommodation
agreement prior to the recordation of the Tentative
Map. If not completed within nine months from
tonight, the project applicant may appeal to the
Planning Commission to have that condition
removed. The City Attorney shall approve the
Accommodation Agreement language.
Councilmember Couch requested the Planning and
Development Committee coordinate with the City of
Shaffer to adopt consistent standards along -¡th
Standard Rd.
8. COUNCIL AND MAYOR STATEMENTS
Council member Benham requested Public Works Director
Rojas summarize the presentation made to the High School
District regarding possible alignment of the Crosstown
Freeway near Bakersfield High School. City Manager
Tandy responded.
Council member Benham congratulated Jim Foss, staff and
the Rabobank Arena for securing the CIF Wrestling
Championships for the next three years.
Councilmember Benham requested staff contact her
regarding two referrals and provided written
correspondence to the City Clerk.
Councilmember Hanson requested staff provide him
with contact information for a Sherrie Gibson.
ACTION TAKEN
APPROVED
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Bakersfield, California, Feb. 8, 2006 - Page 19
8.
COUNCIL AND MAYOR STATEMENTS
Councilmember Hanson thanked Dianne Hoover and
staff for the recent graffiti/landscaping meeting at Silver
Creek.
Councilmember Hanson requested staff respond to a
letter regarding a traffic signal at Panama and Buena
Vista.
Councilmeber Scrivner requested staff contact the
Neighborhood Watch Captain regarding issues in the
Berkshire Rd. area and provided contact information.
Councilmember Scrivner requested Police staff
address the feasibility of patrolling interior
neighborhoods in the Berkshire Rd. area.
Councilmember Scrivner requested staff provide an
update regarding status of the legislature's effort to
elevate multiple graffiti offenses to felony standing.
Councilmember Sullivan requested additional police
patrol and ticketing of speeders and racers in on Ming
Avenue near Taco Bell.
Councilmember Sullivan gave an update regarding the
progress of the In God We Trust program.
Councilmember Carson requested EDCD staff address
citizen complaints regarding the housing project
at 1125 California Avenue.
Councilmember Carson requested information
regarding responsibility for fencing and maintenance
along the canal at S. H Street and Ming Ave.
Councilmember Carson requested Fire Police and City
Attorney staffs address the issue of ice cream trucks
selling BB guns and smoke bombs, and research
whether they can sell these types of items or any
items other than ice cream.
Councilmember Carson noted the passing of Coretta Scott
King and announced a celebration of Mrs. King's life will
take place at the Martin Luther King, Jr. Center at 9:00
a.m., February 11,2006.
Council member Carson announced the Home Depot will
sponsor and, with the help of employee, community and
City School District volunteers, build a community
playground at McKinley School.
ACTION TAKEN
Bakersfield, California, Feb. 8, 2006 - Page 20
8. COUNCIL AND MAYOR STATEMENTS
Councilmember Couch thanked staff for expeditious
removal of graffiti in the northwest and requested staff
contact the County regarding graffiti removal in areas
adjacent to the City.
Councilmember Couch wished everyone Happy Valentine's
Day.
Vice-Mayor Maggard made comments regarding Lowe's
Home Improvement locating a store in the College Center.
Vice-Mayor Maggard requested staff contact Maxine
Gather regarding the feasibility of a senior center in
the area of her home.
Vice-Mayor Maggard requested staff contact Michael
Guiterrez regarding street repairs on Medio Luna.
Vice-Mayor Maggard made comments regarding Foothill
High School graduate Joey Porter, member of the Super
Bowl winning Pittsburg Steelers, and plans to honor him
locally
9. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:47 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN