HomeMy WebLinkAbout09/13/06_CC_AGENDA PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
SEPTEMBER 13,2006
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. WORKSHOPS
3. PUBLIC STATEMENTS (Regarding Closed Session ltem(s) only during this portion ofthe meeting)
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One case)
b. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 regarding Elizabeth Ann Peel, et al v City, et al.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Reverend Michael Gilton, St. Paul's Episcopal Parish.
7. PLEDGE OF ALLEGIANCE by Marcus Berry, 4th Grade Student at Laurelglen Elementary.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Becki Whitson, President, BC Alumni
Association, and Sally Hill, Secretary and Chairperson, Renegade BBQ, proclaiming
September 10 -16,2006, as "BC Alumni Week".
b. Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County
Fair Board of Directors, proclaiming September 20 - October 1, 2006, as "Kern County Fair
Days".
c. Presentation by Mayor Hall of Proclamation to Eugene Voiland, proclaiming September 14,
2006, as "Eugene J. Voiland Day".
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. One (1) appointment to the Historic Preservation Commission due to the expiration of term of
Richard Hackett whose term expired March 30, 2006.
Staff recommends Council determination.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 30, 2006, Regular City Council Meeting.
12. CONSENT CALENDAR continued
(Ward 6,7)
(Ward 6)
(Ward 3)
(Ward 4)*
(Ward 6)*
(Ward 6)*
(Ward 6)*
(Ward 6)*
. - upon annexation
Payments:
b. Approval of department payments from August 18, 2006 to September 1 , 2006 in the amount
of $13,241,831.36 and self-insurance payments from August 18, 2006 to September 1, 2006
in the amount of $198,722.45.
Ordinances:
c.
First Reading of Ordinance amending Section 17.60.060 B.9 of the Municipal Code relating
to signs permitted in the Bakersfield Auto Mall.
Adoption of Ordinance amending Chapter 9.23 of the Municipal Code relating to loud and
unruly events. (FR 08/30/06)
Adoption of Ordinance amending Section ~1.12.060 by adding Annexation No. 477 to
Ward 6, located east of Ashe Road, generally north and south of Taft Highway. (FR 08130/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 103-12 from R-1 (One Family Dwelling) on 79.3 acres,
R-1-HD (One Family Dwelling-Hillside Development Combining) on 10.2 acres, A
(Agriculture) on 30.5 acres, and A-HD (Agriculture-Hillside Development Combining) on 10.1
acres to R-1 on 84.8 acres, R-1-HD on 25.6 acres, and OS (Open Space) on 19.7 acres
located at the northwest corner of Morning Drive and Paladino Drive. (GPA/ZC05-1377 and
Amendment to Specific Parks and Trails Plan for Northeast Bakersfield) (Applicant:
Dunmore Communities/Property Owner: Malladi S. Reddy) (FR 08/16/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map Nos. 102-04 & 102-05 from A (Agriculture) to R-2/PUD
(Limited Multiple-Family Dwelling/Planned Unit Development) on 25 acres and R-1 (One
Family Dwelling) on 40 acres generally located on the east and west sides of Coffee Road,
south of Etchart Road and west of the Beardsley Canal. (GPA/ZC05-1932) (Applicant:
SmithTech/USA, Inc./Property Owner: Bidart Brothers) (FR 08/16106)
Adoption of Ordinance amending Title 17 of the Municipal Code and Zoning Map Nos. 142-
03 & 142-04 from A (Agriculture) to R-1 (One Family Dwelling) on 275.25 acres, from A to R-
1/PUD (One Family Dwelling/Planned Unit Development) on 181.81 acres, and from R-S-
20A (Residential Suburban 20-acre Minimum Lot) to R-1 on 9.78 acres generally bounded by
Taft Highway (State Route 119) to the north, Stine Road to the east, Engle Road to the
south, and Reliance Drive (future) to the west. (GPA/ZC05-0519) (Applicant: Mcintosh &
Associates/Property Owner: Santa Barbara Capital) (FR 08116/06)
Adoption of Ordinance approving the Negative Declaration amending Title 17 of the
Municipal Code and Zoning Map No. 142-04 from ~(20)-RS (Estate-20 acres-Residential
Suburban Combining) to R-2 (Limited Multiple Family Dwelling) on 28.87 acres located on
the southwest corner of Taft Highway and Ashe Road. (GPA/ZC05-1917) (Applicant:
Marino Associates/Property Owner: Taft 28 LLC) (FR 08116106)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 142-04 from A (Agriculture) to R-2-CH (Limited Multiple
Family Dwelling/ Church Overlay) on 18.43 acres located on the southeast corner of Taft
Highway and Gosford Road. (GPA/ZC05-1918) (Applicant: Marino Associates/Property
Owner: KC Taft Gosford) (FR 08116/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-34 from A (Agriculture) to R-1 (Single Family
Residential) on 8.92 acres located north of Taft Highway (State Route 119) between Stine
Road and Ashe Road. (GPA/ZC05-1479) (Applicants: Mcintosh & Associates, Centex
Homes/Property Owners: Kevin E Pascoe & Laura C Pascoe) (FR 08116106)
d.
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(Ward 1)*
(Ward 1)*
(Ward 4)*
(Ward 4)*
(Ward 3)
(Ward 1,6)*
(Ward 1,2,3)
(Ward 1)
(Ward 3)
12. CONSENT CALENDAR continued
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and amending Zoning Map Nos. 124-11 & 124-12 from R-S-1 A (Residential
Suburban-1 acre Minimum) to R-1 (One Family Dwelling) on 4.65 acres, R-S-2.5A
(Residential Suburban-2.5 acre minimum) to R-1 on 13.12 acres, County A-1 (Limited
Agriculture) to R-1 on 67.66 acres and County NR(5) (Natural Resources-5 acres) to R-1 on
5 acres located on the west side of Fairfax Road, south of Redbank Road. (GPA/ZC05-
1783) (Applicant: Mcintosh & Associates/Property Owner: Fairfax Holdings) (FR 08116/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-20 from A (Agriculture) to R-1 (One-Family
Dwelling) on 52.29 acres located west of Cottonwood Road, between East Panama Lane
and Pacheco Road. (GPA/ZC05-0940) (Applicant: Mcintosh & Associates/Property Owners:
Patty Smale, Janice Sheldon, William Sheldon and Barbara Sheldon) (FR 08/16106)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No.1 02-06 from A (Agriculture) to E (Estate Residential) on
32.07 acres and to C-1/PCD (neighborhood Commercial/Planned Commercial Development)
on 6.79 acres generally located at the northeast corner of Snow Road and Jewetta Avenue
(future). (GPA/ZC05-1928) (Applicant: Porter Robertson Engineering/Property Owner: Todd
Sweaney) (FR 08116/06)
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-04 from A (Agriculture) to R-1 (One Family
Dwelling) on 90 acres generally located at the east side of Coffee Road, north of Snow
Road, and west of the Beardsley Canal. (GPA/ZC05-1453) (Applicant: SmithTech/USA,
Inc/Property Owner: Breckenridge Development Co. Inc) (FR 08116106)
Resolutions:
I.
m.
n.
o.
p.
Resolution approving the application for grant funds for the California River Parkways Grant
Program under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act
of 2002 (Proposition 50).
Resolutions approving applications proposing proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 503 consisting of 465.15 acres located south of Taft Highway, west of
Stine Road and east and west of Ashe Road.
2. Annexation No. 521 consisting of 9.77 acres located north of Taft Highway
approximately 2000 feet west of Stine Road.
3. Annexation No. 536 consisting of 109.86 acres located at the northeast corner of
East Panama Lane and South Union Avenue.
Resolution authorizing the submission of an application to the California Pollution Control
Financing Authority for funding under the California Recycle Underutilized Sites Program for
Brownfield projects.
Resolution approving the sale of real property by the Bakersfield Redevelopment Agency for
a small housing project pursuant to Section 33431 of the California Health and Safety Code.
Resolution designating Bucheon City, Republic of Korea, a Sister City of the City of
Bakersfield.
Resolution of Intention No. 1482 to add territory, Area 4-61 (College, Flintridge NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
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. - upon annexation
3
12. CONSENT CALENDAR continued
(Ward 3)
(Ward 6)
Resolution of Intention No. 1483 to add territory, Area 4-62 (Morning, Alfred Harrell SW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1484 to add territory, Area 3-56 (McKee, Ashe SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
v.
w.
(Ward 3,5,6,7) X.
(Ward 3)
(Ward 2)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 4)
y.
z.
aa.
bb.
Tract Map and Improvement Agreements:
1. Final Map and Improvement Agreements with McMillin Tuscany, LLC for Tract 6000
Unit 7 located north of State Route 178 and east of Alfred Harrell Highway.
2. Final Map and Improvement Agreements with San Joaquin Development Group II,
LLC for Tract 6152 Phase 5 located at southeast intersection of McKee & Akers
Roads.
3. Final Map and Improvement Agreements with Bakersfield Chardonnay, LP for Tract
6170 Unit 2 located at northeast intersection of McKee Road & Mountain Ridge Drive.
4. Final Map and Improvement Agreements with Standard Pacific Corp. for Tract 6329
Phase 1 located at southeast intersection of Harris Road & Mountain Vista Drive.
5. Final Map and Improvement Agreements with Stuart Thomas, Inc., dba Lenox Homes
for Tract 6463 located .25 mile north of College Avenue & Fairfax Road intersection,
east off of Fairfax Road.
Agreement with County of Kern and Centex Homes for site improvements and easement
allowing access to Rudal Road for development of Vesting Tentative Tract 6148 located
north of Alfred Harrell Highway and east of the Cattle King Estates on Lake Ming Road.
License Agreement with the U.S. Bureau of Reclamation to use reclamation right-of-way for
an equestrian bridge located at the Friant-Kern Canal Outlet Channel, east of Coffee Road.
Agreement with Brighton Village Community Association to provide landscape maintenance
of the streetscape in Vesting Tentative Tract Map 6281 generally located at San Juan
Avenue and Cademont Drive.
Agreement with Brighton Parks Community Association to provide landscape maintenance of
the streetscape and median in Vesting Tentative Tract Map 6250 generally located at
Jewetta Avenue and Wincanton Street.
Agreement with Brighton Place Community Association to provide landscape maintenance of
the streetscape in Vesting Tentative Tract Map 6185 generally located on the west side of
Jewetta Avenue at Milverton Way.
Agreement with Brighton Estates Homeowners Association to provide landscape
maintenance of the streetscape in Vesting Tentative Tract Maps 6111, 6127 and 6128
generally located at Calloway Drive and Gleneagles Drive and the east side of Jewetta
Avenue at Milverton Way and Braemar Lane.
Agreement with Castle & Cooke California, Inc. to provide landscape maintenance of the
entry features in Vesting Tentative Tract Map 6223 generally located at the northeast corner
of Allen Road and White Lane.
Agreement with Castle and Cooke California, Inc. to provide landscape maintenance of the
streetscape and median in Vesting Tentative Tract Map 6448 generally located at the
southwest corner of Stockdale Highway and South Renfro Road.
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(Ward 4)
12. CONSENT CALENDAR continued
gg.
(Ward 1)
hh.
(Ward 1,6)
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(Ward 1)
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(Ward 5)
kk.
Bids:
Agreement with Castle and Cooke Commercial- CA, Inc. for use of parking area near Bright
House Networks Amphitheatre.
Agreement with Bakersfield Redevelopment Agency for use and repayment of Section 1 08
Loan Funds to HUD for the Fire Station NO.5 Project.
Amendment NO.1 to Agreement No. 05-246 with Hargis and Son ($80,000, revised not to
exceed $160,000 and extending term one (1) year) for the biosolids hauling and spreading
annual contract.
Contract Change Order No.6 to Agreement No. 05-218 with Floyd Johnston Construction
Company ($224,854.04 increase for revised not to exceed $9,065,144.71) for the trunk
sewer replacement along Planz Road.
Contract Change Order No. 1 to Agreement No. 06-105 with Loop Electric, Inc. ($15,158, for
revised not to exceed $223,056.40) for traffic signal installation on Camino Media at Scarlet
Oak Blvd. and Roadrunner Drive and interconnect synchronization on Camino Media and
Haggin Oaks Blvd.
II. Extend bid from Bakersfield Harley Davidson ($90,465.20) for five (5) replacement police
special motorcycles.
mm. Extend bid from Jim Burke Ford ($821,816.98) for thirty-seven (37) police special sedans.
nn. Accept bid and award annual contract to Toter, Inc. (not to exceed $528,000) for refuse
carts.
00. Diesel exhaust removal systems for Fire Stations 1 , 2, 3, 4, 6, 7, 8, 9, 10 & 11:
1. Accept Federal grant ($211,176) for systems.
2. Accept bid and award contract to Air Cleaning Systems, Inc. ($304,221) for
installation of systems.
Miscellaneous:
(Ward 4)
pp.
(Ward 5)*
qq.
Transfer $163,000 of appropriations from a budgeted Capital Improvement Project (new
signal at Stockdale Highway & Renfro Road) to a new Capital Improvement Project (new
signal at Calloway Drive & Noriega Road) within the Transportation Development Fund.
Appropriate $10,000 developer share project costs to the General Fund in the Development
Services operating budget for consulting service for processing SunCal McAllister Ranch
environmental documents.
rr. Community Development Block Grant and HOME Investment Partnership Action Plan
Amendment NO.3 (FY05/06).
1. Appropriate $25,000 Community Development Block Grant prior year program
income.
2. Appropriate $1,250,000 HOME Investment Partnership prior year program income.
Staff recommends adoption of Consent Calendar items a through rr.
. - upon annexation
5
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
(Ward 2)
a.
Public Hearing to consider Resolution ordering the vacation of access to vehicular traffic
from/to Elm Street from/to 24th Street - south side only.
Staff recommends adoption of resolution.
(Ward 3)
b.
Public Hearing to consider appeal by James B. Wiens of the Planning Commission's
decision approving request by Marino and Associates, representing Patricia Crawford, et al
(property owners) for Zone Change No. 06-0581 to pre-zone 20 acres from A (Agriculture) to
R-S (Residential Suburban) located on the south side of Pioneer Drive (extended),
approximately 660 feet east of Vineland Drive.
1. First Reading of Ordinance denying the appeal and adopting a negative declaration
and amending Title 17 of the Municipal Code and Zone Map No. 104-32 by changing
the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally
located on the south side of Pioneer Drive (extended) approximately 660 feet east of
Vineland Drive.
Staff recommends give first reading to ordinance.
(Ward 3)
c.
Public Hearing to consider appeal by Siena Homes of the Board of Zoning Adjustment's
decision denying their request for a Zone Modification No. 06-1249 to reduce the required
front yard setback along Amati Drive from 25 feet to 20 feet for a single-family residence in
an R-l (One Family Dwelling) zone district located at 7009 Amati Drive.
1. Resolution denying the appeal and denying Zone Modification No. 06-1249.
Staff recommends adoption of resolution.
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
a. Authorization of a letter from the City and Bakersfield Redevelopment Agency to the United
States General Services Administration regarding a Federal Courthouse in downtown
Bakersfield.
Staff recommends letter be prepared and sent.
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
6Q.- \J ~ '>-- ~.. IV(
Alan Tandy
City Manager
9/6/06 2:02pm
6
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AGENDA HIGHLIGHTS
SEPTEMBER 13, 2006 COUNCil MEETING
CLOSED SESSION
There will be a conference with legal counsel regarding one case of potential litigation and one case
of existing litigation.
APPOINTMENTS
There will be one appointment to the Historic Preservation Committee.
CONSENT CALENDAR
Ordinances
Item 12c. First Readinc of an Ordinance Amendinc the Municioal Code Relatinc to Sicns Permitted
in the Bakersfield Auto Mall. This amendment on'y affects the map within the sign ordinance
depicting the auto mall boundary, the text will remain unchanged. The initial boundary was based
on the original zoning that limited development to just automobile dealerships. The expansion of
the sign boundary follows the larger geographic area generally identified as the Bakersfield Auto
Mall. The success in attracting new automobile dealerships into the area resulted in the
dealerships expanding beyond the current sign boundary. The proposed sign boundary change
will allow all of the dealerships equal opportunity for advertising their products. The Planning
Commission unanimously approved the revision at their meeting of August 17,2006.
Items 12d. and 12e. received first reading at the August 30, 2006 Council meeting. Items 12f.
through 120. received first reading at the August 16, 2006 Council meeting.
Resolutions
Item 12t. Resolution Desipnatinc Bucheon. South Korea. a Sister City. In March 2005,
representatives of Bucheon City, Republic of Korea, contacted the Bakersfield Sister City Project
Corporation regarding establishing a sister city relationship. Bucheon City sent a delegation to
Bakersfield in April and October of 2005. In April 2006, Mayor Hall and a delegation went to Bucheon
City and signed a Memorandum of Understanding supporting and encouraging visits and cultural
exchanges. The Bakersfield Sister City Project Corporation requests that the Council pass a
resolution accepting Bucheon City as Bakersfield's fifth sister city.
Aareements
Item 12hh. Acreement with Bakersfield Redevelooment Acencv for Use and Reoavment of Section
108 Loan Funds to HUD for the Fire Station No. 5 Proiect. In December of 2004, the Bakersfield
Redevelopment Agency (RDA) approved the acquisition of property located at 102 East White Lane
for the development of a fire station. The City submitted the application to HUD on behalf of the
Agency for this project and received a $1.6 million Federal Section 108 Loan. The funds will be used
for the construction of the fire station and a police sub-station consisting of an 8,000 sq. foot building
and related infrastructure. HUD requires that an agreement be executed between the City and
Agency authorizing the RDA the use of the loan funds. In addition, the agreement calls for the pledge
of available Southeast Bakersfield tax increment to retire the obligation. The RDA is expected to
approve this Agreement at its September 11, 2006 meeting.
..
Agenda Highlights
September 13, 2006
Page 2
"
Item 128. Contract Chance Order No.6 to Acreement No. 05-218 with Flovd Johnston Construction
Comeanv for the Trunk Sewer Reelacement alonc Planz Road in the amount of $224.854.04. for
revised not to exceed amount of $9.065.144.71. This project provides for the replacement of the
deteriorated sewer trunk line on Planz Road between South Chester Ave and Sewer Treatment Plant
No.2. Construction of this project began in December 2005. During construction, it was discovered
that additional work needed to be completed, details of which are included in the administrative report.
Additionally, as a result of supplying pipe to the City for the emergency sewer repair at East Brundage
and Mt. Vemon, the contractor had to restage their operations, which resulted in the extra mobilization
of equipment.
This contract change order will increase the project total by $224,854.04. The change orders to date
reflect a net increase of $249,954.71, which is an increase of 2.8% of the original contract amount.
Sufficient funds are budgeted to cover this item.
Bids
Item 12mm. Extend Bid from Jim Burke Ford for 37 Police Seecial Sedans in the amount of
$821.816.98. At the October 12,2005 Council meeting, Jim Burke Ford was awarded the bid for the
purchase of police special sedans. The specifications included a provision whereby, with approval of
both the bidder and City, the City may purchase additional units at the same per-unit cost within one
year after acceptance of the original bids. Jim Burke Ford approves the extension of the same per-
unit cost for this purchase. Nineteen of the vehicles are replacement units and 18 are additional units.
Item 12nn. Award Annual Contract to Toter. Inc. for Refuse Carts in an amount not to exceed
$528.000. Five bids were received in response to the solicitation to bid. One of the requirements of
the bid was that the supplier's. cart be field tested to ensure compatibility with the City's refuse
equipment. The carts from .one bidder did not pass the field test. Staff recommends award to Toter,
Inc.
Miscellaneous
Item 12rr. Community Develoement Block Grant and HOME Investment Partnershie Action Plan
Amendment No. 3 (FY05/06l. Staff is proposing the following amendments to CDBG/HOME
activities: 1) reprogramming of CDBG project savings/program income in the amount of $25,000 for
the rehabilitation of the roof at Ebony Counseling Center located at 1301 California Avenue; 2)
reprogramming of HOME project savings/program income in the amount of $400,000 to the
Community Housing Development Organization (CHDO) set-aside for loans and grants to develop,
acquire, rehabilitate, and/or construct affordable single or multi-family housing; and 3) reprogramming
of HOME project savings/program income in the amount of $850,000 to New Construction Assistance
for housing development assistance for costs associated with the acquisition or construction of
affordable housing. To accomplish this, staff recommends appropriating $25,000 Community
Development Block Grant prior year program income and $1,250,000 HOME Investment Partnership
prior year program income.
HEARINGS
Item 14a. Public Hearinc to Consider a Resolution Orderinc the Vacation of Access to Vehicular
Traffic from/to Elm Street from/to 24'" Street - South Side Onlv. A Resolution of Intention declaring
the intention to order this vacation was adopted by the City Council at the regular meeting of August
16, 2006. This public hearing will provide a means for citizens to voice their concems about the
proposal. The proposed closure was approved by the Planning Department on June 22, 2006, and
was found to be consistent with the Metropolitan Bakersfield 2010 General Plan.
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Agenda Highlights
September 13, 2006
Page 3
Item 14b. Public HearinQ to Consider an Aooeal of the Plannina Commission's Decision
Aoorovina a Zone Chanae on 20 Acres from A (Aariculture) to R-S (Residential Suburban) Located on
the South Side of Pioneer Drive (extended), Aooroximately 660 feet East of Vineland Drive. Marino
and Associates, representing Patricia Crawford, et ai, property owners, applied for this zone change
to construct a large lot, single-family residential development. The project site is currently
undeveloped and the property owners have requested annexation. On July 20, 2006, the Planning
Commission recommended adoption by the City Council, subject to conditions of approval. An appeal
was filed by James B. Wiens, representing the Stoller and Lehr families, who are adjacent land
owners with agricultural operations. The reason for the request is to bring the zoning into
conformance with the existing SR (Suburban Residential) General Plan Land Use designation on the
subject property.
Mr. Wiens, the appellant, states the Stoller and Lehr families own, live and farm adjacent and nearby
land. The zone change would inhibit and disrupt the agricultural activities. Residents are likely to
complain about the odors, dust and chemical applications that are typical for agricultural activities. In
addition, Mr. Wiens is of the opinion that the two conditions of approval placed on the project by the
Planning Commission do not protect agricultural activities. These two additional conditions were
agreed to by the applicant and are detailed in the administrative report.
Staff has determined the proposed project will not significantly affect the physical environment or
existing residential development in the area. Therefore, it is recommended to deny the appeal and
hold first reading of the zone change.
Item 14c. Public Hearina to Consider an Aooeal of the Board of Zonina Adiustment's Decision
DenYina a Zone Modification to Reduce the ReQuired Front Yard Setback at 7009 Amati Drive. On
August 8, 2006, the Board of Zoning Adjustment (BZA) considered a request to reduce the front yard
setback from 25 feet to 20 feet for this single-family residence. The modification was requested
because a portion of the foundation was poured too close to the front property line. The applicant
stated that their surveyor incorrectly staked the property, which caused the error. The BZA found they
could not make the appropriate findings necessary to approve the request as it would be a grant of
special privilege not enjoyed by other property owners on surrounding R-1 zoned lots, and would be
inconsistent with existing development of R-1 zoned properties in the area. The intent of a zone
modification is to address and to deal with unique issues or problems on a lot such as topography, lot
design, or other physical features that make it difficult to meet specific development standards; not a
means to circumvent the City's standards when a builder makes a construction error.
The applicant has appealed this decision. Staff believes that the justification given for the request
does not satisfy the required findings for approval under the Municipal Code, which was the basis for
the BZA's denial. Since the findings cannot be made to allow the requested modification, the appeal
is recommended for denial.
NEW BUSINESS
Item 178. Authorization of a letter from the City of Bakersfield and Bakersfield Redevelooment
Aoencv to the United States General Services Administration reaardino a Federal Courthouse in
downtown Bakersfield. The City and Redevelopment Agency (RDA) are working with the United
States General Services Administration (GSA) to locate a new Federal Courthouse in downtown
Bakersfield. GSA has asked for clarification on what the City and RDA are willing to do to bring this
project in. The draft letter attached to the administrative report is an effort to put a positive foot
forward to bring this project to completion.
....
Agenda Highlights
September 13, 2006
Page 4
The recommended program provides that the City and RDA take responsibility to assemble the land
for the GSA, with the developer either paying to exercise land options, or with the City/RDA selling it
to the prevailing developer.
There will be staff, appraisal and legal costs associated with this program. Estimating the actual
amount will not be possible until the lot size is clef:irer and a specific site identified. The funds will
come from the Old Town Kern Redevelopment Project Area. Separately, the City/RDA will work to
identify specific sites meeting the criteria of the GSA and Federal Courts.
Approved:
John W. Stinson, Assistant City Manager
6kr?'
cc: Department Heads
Rhonda Smiley, Public Information Officer
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Closed Session
ITEM: Lt. ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
September 5, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Va
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9.
(One issue).
VG:do
S:\CQUNCIL\CI Sess\Admins\06-07\09-13-06 Potential1.dot
September 5, 2006, 9:35AM
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Closed Session
ITEM: Lt. b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
i/t:-
V~ [
I(
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
September 5, 2006
. Elizabeth Ann Peel, et al v. City of Bakersfield, et al
Kern County Superior Court, Case No. S-1500-CV-254827-SPC
VG:do
S:\COUNCIL\CI Sess\Admins\06-07\09-13-06Existlit.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Presentations
ITEM: q .a-.
DEPARTMENT HEAD
CITY A TIORNEY
CITY MANAGER Q%J7
SUBJECT: Presentation by Mayor Hall of Proclamation to Becki Whitson, President of the BC Alumni
Association, and Sally Hill, Secretary and Chairperson of the Renegade BBQ, proclaiming
September 10th through 16th, 2006, as "BC Alumni Week".
Mayor Harvey L. Hall
September 1, 2006
TO: Honorable Mayor and City Council
FROM:
DATE:
RECOMMENDATION:
BACKGROUND:
ndw
August 31, 2006, 2:28PM
S:\MAYOR\ADMIN\2006\BC ALUMNI WEEK. DOC
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Presentations
ITEM: q. n.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
September 1, 2006
.Ji!ROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER ("(/Ah
SUBJECT: Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern
County Fair Board of Directors, proclaiming September 20th through October 151, 2006, as
"Kern County Fair Days".
RECOMMENDATION:
BACKGROUND:
ndw
August 31, 2006, 2:22PM
S:\MAYOR\ADMIN\2006\KERN COUNTY FAIR DAYS. DOC
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Presentations
ITEM: ~. c,.
FROM:
DATE:
Mayor Harvey L. Hall
September 1, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER a 'Y7
TO: Honorable Mayor and City Council
SUBJECT: Presentation by Mayor Hall of Proclamation to Eugene Voiland, proclaiming September 14,
2006, as "Eugene J. Voiland Day".
RECOMMENDATION:
BACKGROUND:
ndw
August 31, 2006, 2:34PM
S:\MAYOR\ADMIN\2006\EUGENE VOlLAND DAY. DOC
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Appointments
ITEM: \l. t:A.
..'
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
September 1 , 2006
APPROvto
DEPARTMENT HEAD~~tt1L
CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT: One appointment to the Historic Preservation Commission due to the expiration
of term of Richard Hackett whose term expired March 30, 2006.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there is one appointment to the Historic Preservation Commission due to the expiration of term
of Michael Kephart, whose term expired March 30, 2006. The news release for this recruitment was
posted February 16, March 28, July 11, and August 8, 2006.
Applications for appointment have been received from the following:
· Patricia Lee Duffell
· Rene Homer Martinez, Jr.
. John M. Decker
The membership of the Historic Preservation Commission was amended in accordance with Ordinance
No. 4246 adopted on April 13, 2005. The Commission is now composed of five (5) members rather than
eight. In addition, the nominations, which were previously made by individual Councilmembers and the
Mayor, are currently made by the full Council.
The Historic Preservation Commission is an advisory body to the City Council. Members must be
residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term.
The Commission reviews applications for Cultural Resource designations and applications for Historic
Districts in addition to applications which may be referred by the Planning Commission, Board of Z6ning
Adjustment or the City Council. The Commission presides and conducts public hearings on designation
applications and makes recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m. as needed.
September 1, 2006, 1:12PM
S:\Bds&Comm\HPC\ADMIN Aug 2006.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~.Q...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
September 1, 2006
1Jc. APPROVED
DEPARTMENT HE~"' f;t.tG
CITY ATTORNEY
CITY MANAGER~
SUBJECT: Approval of minutes of the August 30, 2006 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
September 01,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
v0n4
611 )S
SUBJECT: Approval of department payments from August 18, 2006 to September 01, 2006 in the
amount of $13,241,831.36 and self insurance payments from August 18, 2006 to
September 01,2006 in the amount of $198,722.45.
RECOMMENDATION:
Staff recommends approval of payments totaling $13,440,553.81.
BACKGROUND:
RAR
September 1, 2006. 10:49AM
S:\Kim G\Forms & Lables\ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: 11. c..
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD 1z,.-
August 22, 2006 CITY ATTORNEY 9f--
CITY MANAGER ~ ~
SUBJECT: First reading of an Ordinance amending Section 17.60.060 B.9 of the Bakersfield
Municipal Code relating to signs permitted in the Bakersfield Auto Mall (Wards 6 & 7).
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
In 1994 the City Council adopted special sign standards for the Bakersfield Auto Mall as part of an
overall comprehensive revision to the Sign Ordinance (Chapter 17.60). This boundary was based
on the original zoning that limited development to just automobile dealerships. The special sign
regulations permit larger pylon and wall signs than found elsewhere in the city to promote the auto
mall dealerships and allow them advertisement consistent with both their regional and national
marketing programs.
The expansion of the sign boundary follows the larger geographic area generally identified as the
Bakersfield Auto Mall. Until recently, dealerships built their facilities within the smaller sign
boundary. However, the success in attracting new automobile dealerships into the area resulted in
them expanding beyond the current sign boundary. The proposed sign boundary change will allow
all of the dealerships equal opportunity for advertising their products. This amendment only affects
the map within the sign ordinance depicting the auto mall boundary, text will remain unchanged.
The Planning Commission unanimously approved the revision under consent at their meeting of August
17,2006. The ordinance amendment is recommended for adoption.
JE\S:\admin\9-13bksfldautomall
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: l d...d .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
61J7
August 31, 2006
SUBJECT: An Ordinance of the Council of the City of Bakersfield amending Chapter 9.23 of the
Bakersfield Municipal Code relating to loud and unruly events.
RECOMMENDATION:
Staff recommends adoption of this Ordinance.
BACKGROUND:
First reading of this Ordinance took place on August 30, 2006. The Legislative and
Litigation Committee has been working to revise Chapter 9.23 of the Municipal Code to address
loud or unruly events. The current cost recovery provisions for such events are triggered when
police or fire personnel respond to the same event twice within a twelve hour period. The revisions
proposed here would extend this period to thirty days, and would allow recovery for a second
response or any subsequent response within this time period after an initial warning is given. The
amount of recovery will be established each year pursuant to Municipal Code Section 3.70.
It was suggested by a member of the community that a "Cool Parents" ordinance, similar to
the one adopted by Kern County, also be considered for adoption. These provisions would impose
a civil penalty on persons responsible for loud or unruly events where alcohol is served to
underage persons. A responsible person is subject to the civil penalty of $1,000 even if he or she
is not present at the time.
Further review of the ordinance revealed that Section 9.23.130C, regarding administrative
writs, is inconsistent with language contained in Section 1.36.010. Therefore, Section 9.23.130C
has been deleted from this final version.
September 1, 2006. 8:36AM
S:ICQUNCILlAdminsloe-Q7 Adminsl9 .23AddCool ParentsOrd2 .doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: \ J.. . t. .
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEADW
August 17. 2006 CITY ATTORNEY ~~
CITY MANAGER ~
SUBJECT: Adoption of an Ordinance amending Bakersfield Municipal Code Section ~1.12.060 by
adding Annexation No. 477 to Ward 6. (Ward 6).
TO:
FROM:
DATE:
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the ordinance was given on August 30, 2006.
The Ordinance amends the ward boundary to include Annexation No. 477 into the corresponding
Council Ward. The annexation was approved by LAFCO on May 23,2005. Annexation No. 477 is
located east of Ashe Road, generally north and south of Taft Highway. The site consists of 186.66
acres of land. The site is currently vacant. The property owner has requested annexation to receive
city services.
DL
S:\Annexation\Ordinances\Admin Draft 9-13-06,477 Ann.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: IJ-..f.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
August 22, 2006 CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 103-12) of Title Seventeen of the Bakersfield Municipal
Code by changing the zoning from R-1 (One Family Dwelling Zone) on 79.3 acres, R-
1-HD (One Family Dwelling Zone-Hillside Development Combining Zone) on 10.2
acres, A (Agricultural Zone) on 30.5 acres, and A-HD (Agricultural Zone-Hillside
Development Combining Zone) on 10.1 acres to R-1 on 84.8 acres, R-1-HD on 25.6
acres, and OS (Open Space) on 19.7 acres generally located at the northwest corner
of Morning Drive and Paladino Drive (ZC 05-1377 - Dunmore Communities
representing Malladi S. Reddy) (Ward 3).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
The proposed zone change would allow for the development of approximately 390 single-family
residential units and would preserve the majority of the hillsides with 8 percent slope or greater within
the 130-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on June 15, 2006. No one present at the hearing was in opposition to
the request and the applicant agreed to all conditions and mitigation for the project. There were no
agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 19,
2006, in accordance with CECA.
S:\GPA 2nd 2006\05-1377\Staff Reports\Admin 2nd Read.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~.o..
...I
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
August 22, 2006 CITY ATTORNEY 9f--
CITY MANAGER <11frs
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map Nos. 102-04 and 102-05) of Title Seventeen of the Bakersfield
Municipal Code by changing the zoning from A (Agricultural Zone) to R-2/PUD
(Limited Multiple-Family Dwelling Zone/Planned Unit Development Zone) on 25 acres
and R-1 (One-Family Dwelling Zone) on 40 acres generally located on the east and
west sides of Coffee Road, south of Etchart Road and west of the Beardsley Canal
(ZC 05-1932 - SmithTech/U.S.A., Inc. representing Bidart Bros.) (Ward 4 upon
annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 430
single-family homes. on the 65-acre project site.
The Planning Commission conducted a publiC hearing on this zone change and recommended
approval to the City Council on June 15, 2006. No one present at the hearing was in opposition to
the request and the applicant agreed to all conditions and mitigation for the project. There were no
agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 15,
2006, in accordance with CECA.
S:\GPA 2nd 2006\05-1932\StaffReports\Admin 2nd Read.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: l.l. h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HE~
CITY ATTORNEY ~
CITY MANAGER 6/ArS
August 22, 2006
SUBJECT: Adoption of an Ordinance amending Section 17.06.020 (Zone Map Nos. 142-03 and
142-04) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from A (Agriculture Zone) to R-1 (One-Family Dwelling Zone) on 275.25 acres, A to R-
1/PUD (One-Family Dwelling Zone/Planned Unit Development Zone) on 181.81 acres,
and R-S-20A (Residential Suburban 20-Acre Minimum Lot Size Zone) to R-1 on 9.78
acres generally bounded by Taft Highway (State Route 119) to the north, Stine Road
to the east, Engle Road to the south, and Reliance Drive (future) to the west (ZC 05-
0519 - Mcintosh & Associates representing Santa Barbara Capital) 0Nard 6 upon
annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
Upon annexation into the City, the proposed zone change would allow for the development of
approximately 2,334 single-family residential units on the 466.84-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on June 15, 2006. No one present at the hearing was in opposition to
the request and the applicant agreed to all conditions and mitigation for the project. There were no
agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project could have a significant
environmental effect. Therefore, in accordance with CEQA, an EIR was prepared. The Final EIR
was certified by the City Council on August 16, 2006. Despite compliance with local ordinances,
state laws, mitigation measures incorporated into the project as conditions of approval, and
construction in accordance with the Uniform Building Codes, agricultural and aesthetics impacts
would remain significant. Therefore, adoption of CEQA findings and a statement of overriding
considerations by the City Council were required pursuant to Sections 15091 and 15093 of the State
CEQA Guidelines.
S:\GPA 2nd 2006\05-0519 Ashe No.4 EIR\Staff Reports\Admin 2nd Read.doc
ADMINISlRA liVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: l~. i,
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
August 18, 2006 CITY ATTORNEY 91
CITY MANAGER---01JS
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 142-04) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from E (20)-RS (Estate - 20 Acres, Residential Suburban
Combining) to R-2 (Limited Multiple Family Dwelling) zone on 28.87 acres generally
located on the southwest corner of Taft Highway and Ashe Road (ZC 05-1917 -
Marino/Associates, representing Taft 28 LLC) ~ard 6, upon annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 400
single-family homes on the 28.87-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on June 15, 2006. No one was in opposition to the request and the
applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition
to the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 5, 2006, in
accordance with CEQA.
JS:pjt
S:\GPA 2nd 2006\05-1917\Staff Reports\Admin Report 9-13-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: tel. i .
\J
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
~ .
DEPARTMENTHEAD~
CITY ATTORNEY
.....
CITYMANAGER~
August 18, 2006
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 142-04) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from A (Agriculture) to R-2-CH (Limited Multiple Family
Dwelling/Church Overlay) zone on 18.43 acres generally located on the southeast
corner of Taft Highway and Gosford Road (ZC 05-1918 - Marino/Associates,
representing KC Taft Gosford) rNard 6, upon annexation)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 321
single-family homes on the 18.43-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommend approval
to the City Council on June 15, 2006. No one present at hearing was in opposition to the request and
the applicant agreed to all conditions and mitigation for the project. There were no agencies in
opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 5, 2006, in
accordance with CECA.
JS:pjt
S:\GPA 2nd 2006\05-1918\Staff Report\Admin Report 9-13-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGEN9A SECTION: Consent Calendar
ITEM: \') .~.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD 51"....
DATE: August 28, 2007 CITY ATTORNEY ~
CITY MANAGER <S1U3
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-34) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from A (Agricultural) to R-1 (Single Family Residential) on 8.92
acres located north of Taft Highway (State Route 119) between Stine Road and Ashe
Road. (ZC # 05-1479 - Mcintosh & Associates representing Kevin E. and Laura C.
Pascoe) (Ward 6 upon annexation)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
The proposal would allow for the development of 44 single-family residential units on the 8.92 acre
project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on June 15, 2006, and recommended approval to the City Council. No individuals or agencies present
at the hearing opposed the request. The applicant agreed to all conditions and mitigation for the project.
Conditions of approval and mitigation measures which address air quality, cultural and paleontological
resources and public improvements are recommended as part of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 19, 2006, in
accordance with CEQA.
August 29, 2006, 8: 15AM
Planner pe / S:\Danaladmin\2006\Sept\9-13-1479.doc
ADMINISlRA liVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: \~. l.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
August 18, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map Nos. 124-11 and 124-12) of Title Seventeen of the Bakersfield
Municipal Code by changing the zoning from R-S-1A (Residential Suburban - 1 acre
minimum) to R-l (One Family Dwelling) on 4.65 acres, R-S-2.5A (Residential Suburban
- 2.5 acre minimum) to R-1 on 13.12 acres, County A-1 (Limited Agriculture) to R-1 on
67.66 acres and County NR(5) (Natural Resources - 5 acres) to R-10n 5 acres generally
located on the west side of Fairfax Road, south of Redbank Road. (ZC No. 05-1783 -
Mcintosh and Associates, representing Fairfax Holdings L.P.) (Ward 1, upon
annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 397
single-family homes on the 89.5-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on June 15, 2006. No one was in opposition to the request and the
applicant agreed to all conditions and mitigation for the project. There were no agencies in opposition
to the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 15, 2006, in
accordance with CECA.
JS:pjt
S:\GPA 2nd 2006\05-1783\Staff Reports\Admin Report 9-13-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I:). t'V\
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD x-
August 28, 2006 CITY ATTORNEY 91
CITY MANAGER OkS?
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zoning Map 124-20) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from A (Agriculture) to R-1 (One-Family Dwelling) on 52.29 acres
generally located west of Cottonwood Road, between East Panama Lane and Pacheco
Road (ZC 05-0940 - Mcintosh & Associates representing Patty Smale, Janice Sheldon,
William Sheldon, and Barbara Sheldon) (Ward 1 Upon Annexation).
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
On March 16, 2006, the Planning Commission held a public hearing and recommended the denial of
the proposal. The applicant appealed the decision and the City Council held public hearings on May
24 and August 16, 2006.
The project will rezone the subject site from A (Agriculture) to R-1 (One-Family Dwelling) on 52.29
acres to allow for future low density residential development. The site is undeveloped and was
farmed for many decades.
On August 16, 2006, the City Council approved the negative declaration, the appeal, and the
concurrent general plan amendment/zone change with a requirement for a covenant recorded on the
property to notify potential home owners that they will be living next to a potential source of odor.
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 to reduce the impacts to air quality, cultural
resources, traffic, and air travel to less than significant. No other significant impacts were identified.
WL: S:\GPA 1 st 2006\05-0940IAdmin Staff Rep0rt\2nd readingl2nd read. GPA.ZC 05-0940.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~, Y\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY~
CITY MANAGER ()1Js
July 29, 2006
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 102-06) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning on 38.86 acres from A (Agriculture Zone) to E (Estate) on 32.07
acres and to C-1/PCD (Neighborhood Commercial/Planned Commercial Development)
on 6.79 acres generally located at the northeast corner of Snow Road and Jewetta
Avenue (future) (ZC 05-1928 - Porter-Robertson Engineering representing Todd
Sweaney) 0Nard 4 Upon Annexation)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
On June 15, 2006, the Planning Commission held a public hearing and recommended the entire
property be zoned E (Estate). The applicant appealed the decision of the Planning Commission and
condition of approval NO.14 regarding street improvements.
The applicant's proposal will allow 66 Estate zoned lots north of the realigned Calloway Canal and
52,000 sq ft of commercial uses on the remaining 6.79 acres which shall be zoned C-1/PCD. The site
was farmed in the past and contains a handful of older dwellings and outbuildings.
Oral and written testimony for and against the applicant's proposal was received at the City Council
hearing. The City Council overturned the decision of the Planning Commission and approved the
commercial corner.
Staff conducted an initial study and it was determined that the project would not have a significant
adverse effect on the environment. A negative declaration was prepared in accordance with CECA.
Mitigation measures included in the conditions of approval reduce the impacts to air quality, cultural
resources, traffic, and circulation to less than significant. No other significant impacts were identified.
S:\GPA 2nd 2006\05-1 928\City Council\2nd reading. doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~. 0 .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
August 17, 2006 CITY ATTORNEY ?1
CITY MANAGER OM);,
SUBJECT: Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 102-04) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 90 acres
generally located on the east side of Coffee Road, north of Snow Road, and west of the
Beardsley Canal (ZC No. 05-1453 - SmithTech/USA, Inc., representing Breckenridge
Development Co., Inc.). (Ward 4, upon annexation)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 16, 2006.
Upon annexation into the City, the proposal would allow for the development of approximately 350 single-
family homes on the 90-acre project site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on April 6, 2006. No one was in opposition to the request and the applicant agreed to all
conditions and mitigation for the project. There were no agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on March 10, 2006, in
accordance with CECA.
JS:pjt
S:\GPA 2nd 2006\05-1453\Staff Reports\Admin Report 9-14-2006_ZC.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I ~l... 0 .
,
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD Dt..1}-
CITY ATTORNEY jl!rl4
CITY MANAGER c\Z05
Dianne Hoover
Director of Recreation and Parks
DATE:
August 28, 2006
SUBJECT: Resolution of the Council of the City of Bakersfield approving the application for grant funds
for the California River Parkways Grant Program under the Water Security, Clean Drinking
Water, Coastal and Beach Protection Act of 2002 (Proposition 50). (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
In November 2002, California voters passed the Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002 (Proposition 50). The Legislature authorized an appropriation of $100 million
available statewide for the acquisition, restoration, protection and development of River Parkways. This is
a competitive program application process. The City of Bakersfield applied for the first of three annual
funding rounds starting in October 2005. Though the City was not awarded the grant on the first round,
feedback received from the State indicated that it was a good application. Based on that information, City
staff has redesigned the project for submittal in the second round due in October 2006.
City staff is proposing to apply for funds to create an outdoor recreation area in the vicinity east of Golden
State Avenue, on the east side of the railroad and west of Chester Avenue, near the Calloway Weir. The
city already owns the property which, through this grant, will provide self-guided, interpretive trail areas to
protect, secure and inform the public about the Kern River. Proposed amenities include conservation and
interpretive enhancements (displays and signage), walking paths/boardwalk, landscaping, tree planting,
scrubland, and a small overlook platform.
The city will be collaborating with the Kern County Parks and Recreation, Kern County Superintendent of
Schools, local schools, Tree Foundation of Kern, and the Kern River Parkway Foundation to ensure
completion of the project and provision of benefit to the community.
August 28, 2006, 2:33PM: rlj
R:\User_Projects\Prop 50 Grant_2\Prop 50 Admin_9-13-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD SG--
CITY ATTORNEY ~ ~
CITY MANAGER 61iJ3
August 11, 2006
SUBJECT: Resolutions approving applications proposing proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 503 consisting of 465.15 acres, located south of Taft Highway,
west of Stine Road and east and west of Ashe Road. (Ward 6)
2. Annexation No. 521, consisting of 9.77 acres, located north of Taft Highway,
approximately 2000 feet west of Stine Road. (Ward 6)
3. Annexation No. 536. consisting of 109.86 acres, located at the northeast corner
of East Panama Lane and South Union Avenue. (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the City of
Bakersfield. The proposed annexations are identified as Annexation No. 503 consisting of 465.15
acres, Annexation No. 521, consisting of 9.77 acres and Annexation No. 536, consisting of 109.86
acres. These annexations are adjacent to the City limits and are within the City's Sphere of Influence
boundary.
The property owners have consented to annexation. The property owners propose to annex the land
for development purposes and receive city services.
The exchange of property tax revenues for these annexations will be covered under the master tax split
agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of
Kern. The basis for this determination is that these annexations are covered under b. 7. of the
agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
S:\Annexation\Res of Applic\Admin Draft 9-13-06 503, 521, 536.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: Il.('.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD --b-
CITY ATTORNEY ~
CITY MANAGER ~
Donna L. Kunz, Economic Development Director
DATE:
September 5, 2006
SUBJECT: A Resolution of the Council of the City of Bakersfield Authorizing the Submission of an
Application to the California Pollution Control Financing Authority for Funding under the
California Recycle Underutilized Sites Program for Brownfield projects. (WARD 1, 2 & 3)
RECOMMENDATION:
Staff recommends approval of the application submission, adoption of the resolution, and authorize the
City Manager or his designee to execute all necessary agreements and documents.
BACKGROUND:
The California Pollution Control Financing Authority (CPCFA) is accepting applications under the
California Recycle Underutilized Sites Program (CALReUSE) Program for funding for brownfield site
assessment and predevelopment costs associated with regulatory and remediation process. The
CALReUSE program provides an opportunity for cities to address an existing gap in available funding for
brownfield site assessment and predevelopment costs associated with regulatory and remediation
process. The deadline for the competitive application is September 29,2006.
Staff is interested in requesting program funds to be used to provide for the assessment, remediation
process of brownfield sites within the City's three redevelopment project areas.
The CALReUSE program will allow staff to utilize these new funds to prioritize and select projects,
approve loans, disburse loan funds, and administer the program.
This attached resolution authorizes city staff to execute and submit the CALReUSE application and
necessary agreements and documents required by CPCFA to receive the grant funds.
S:\AdminsICity Council\City Council Admins 2006\Calreuse grant reso.doc
9/5/20064:12 PM
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: la. s.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD b-
CITY ATTORNEY ~
CITY MANAGER ~
FROM:
DATE:
Donna L. Kunz, Economic Development Director
September 1, 2006
SUBJECT: Resolution of the City of Bakersfield approving the sale of real property by the Bakersfield
Redevelopment Agency for a small housing project pursuant to Section 33431 of the
California Health and Safety Code. (WARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In February 2003, the Agency assumed all rights and obligations for Phase II of the Southeast Infill
Housing Project funded by a $500,000 California Housing Finance Authority (CaIHFA) loan, interest rate of
3% per annum over a term of ten years. The loan is used to build affordable housing on scattered lots in
Southeast Bakersfield. Fourteen new homes have been constructed to date. Staff is working to complete
a two year agreement with Hybrid Construction for fiscal year 2006-07. Nine tax default properties have
been acquired by the Agency for construction sites within the Southeast Redevelopment Project Area.
The area has seen an increase in sales prices in the range of $170,000 to $200,000 due, in part, to the
activity generated by this program and affordable housing demand.
Pursuant to Health and Safety Code Section 33433, the Council as the legislative body is required to
authorize the Agency to sell or lease property for a small housing project for the purpose of the Program.
In order to utilize the tax-defaulted properties in the Infill Housing Program, the Agency is required to
conduct a public hearing pursuant to Section 33431 of the California Health and Safety Code approving
the sale of real property. After a duly noticed public hearing, the Agency is authorized to sell or lease the
property for development pursuant to the Redevelopment Plan upon a determination that the disposition of
the property will assist in the elimination of blight, is consistent with the implementation plan adopted for
the redevelopment project area pursuant to the Health and Safety Code Section 33490, and the
consideration for the disposition is not less than either the fair market value or fair reuse value of the
property. Further, the Agency is authorized to enter into an agreement for the conveyance of the property
with a developer/contractor to build quality affordable single family homes for eligible low income
homebuyers and provide economic development opportunities for interested parties. .
S:\Admins\City Council\City Council Admins 2006\SElnfill Tax Defaulted Reso.doc
9/1/2006 11 :25 AM
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: I;l.. t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
September 1, 2006
1I1!-f!ROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER~
SUBJECT: A Resolution Designating Bucheon City, Republic of Korea, a Sister City of the City of
Bakersfield.
RECOMMENDATION:
Mayor recommends adoption of the Resolution.
BACKGROUND:
The Bakersfield Sister City Project Corporation has forwarded a letter requesting a resolution
formalizing a sister city relationship between Bucheon City and Bakersfield. Representatives of Bucheon
City, Republic of Korea, first contacted then president of the Bakersfield Sister City Project Corporation,
Frank Tripicchio, in March of 2005, regarding establishing a sister city relationship. Bucheon City sent a
delegation to Bakersfield in April of 2005. In September of 2005, Frank Tripicchio visited Bucheon City.
Bucheon City sent another delegation to Bakersfield in October of 2005. Mayor Gun-pyo Hong of
Bucheon City was among those coming to Bakersfield. During their visit, the delegation brought and
donated 10,000 books for the local Korean community to the Kern County Library. In April of 2006, Mayor
Hall and a delegation from Bakersfield went to Bucheon City and signed a Memorandum of Understanding
supporting and encouraging visits between the two communities, as well as supporting cultural
exchanges. On September 1, 2006, current president, Stanley E. Clark, of the Bakersfield Sister City
Project Corporation, requested that the Bakersfield City Council pass a resolution accepting Bucheon City,
Republic of Korea, as Bakersfield's fifth sister city.
Other sister cities include Wakayama, Japan; the Partisan District of Minsk, Belarus; Cixi, China;
and Queretaro, Mexico.
If the Resolution is adopted, a formal sister city agreement will be signed on September 25,2006.
RMS:dll
S:IMA YORlAOMINI2006ISlslerClly.BucheonCily.ResoAdmin.doc
September 1. 2006. 4:57PM
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: \..1. Ll.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
, /i
DEPARTMENT HEAD /A/(
'"
CITY ATTORNEY ~
CITY MANAGER 61Js
August29,2006
SUBJECT: Resolution of Intention No. 1482 to add territory, Area 4-61 (College, Flintridge NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11513 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 4-61 is generally bounded by a line
approximately 208 feet north of College Avenue on the north, a line approximately 330 feet east of
Flintridge Drive on the east, College Avenue on the south and a line approximately 120 feet east of
Flintridge Drive on the west. This area will be under the park and streetscape zones of benefit and will be
assigned appropriate tier levels when a park has been constructed and street landscaping has been
installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
Augusl29, 2006, 11:38AM
MD4-61 RiOS.dol
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~.".
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAD j1Jl
CITY ATTORNEY 181;14
f
CITY MANAGER (fl.tJ?
SUBJECT: Resolution of Intention No. 1483 to add territory, Area 4-62 (Morning, Alfred Harrell SW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August29,2006
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11464 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 4-62 is generally bounded by Alfred Harrell
Highway on the north, Morning Drive on the east, a line approximately 2,640 feet south of Alfred Harrell
Highway on the south and a line approximately 2,640 feet west of Morning Drive on the west. This area
will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a
park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 29,2006, 12:50PM
MD4-62Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.2.w.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August29,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
. /1
liVe,
~
U1v3
SUBJECT: Resolution of Intention No. 1484 to add territory, Area 3-56 (McKee, Ashe SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 6).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No's. 6757, 6758 and 6759 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. Area 3-56 is generally bounded by McKee
Road on the north, Mountain Ridge Drive on the east, a line approximately 1,300 feet south of Taft
Highway on the south and Ashe Road on the west. This area will be under the park and streetscape
zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street
landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision maps. A copy of the covenant is attached for reference.
mr
August 29,2006. 11:12AM
MD3-S6Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: \.:1. ')l .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/CVED
Mia
Glu5
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with McMillin Tuscany, LLC, for Tract
6000 Unit 7 located North of State Route 178 and East of Alfred Harrell Highway.
(Ward 3)
2. Final Map and Improvement Agreements with San Joaquin Development Group
II, LLC, for Tract 6152 Phase 5 located at the Southeast intersection of McKee
Road and Akers Road. (Ward 7)
3. Final Map and Improvement Agreements with Bakersfield Chardonnay, L.P., for
Tract 6170 Unit 2 located at the Northeast intersection of McKee Road and
Mountain Ridge Drive. (Ward 6)
4. Final Map and Improvement Agreements with Standard Pacific Corp. for Tract
6329 Phase 1 located at the Southeast intersection of Harris Road and Mountain
Vista Drive. (Ward 5)
5. Final Map and Improvement Agreements with Stuart Thomas, Inc. d.b.a. Lenox
Homes for Tract 6463 located .25 miles North of the College Avenue and Fairfax
Road intersection East off Fairfax Road. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
August 29, 2006, 4:26PM
G:\GROUPDA T\ADMINRPTI2006\09-13\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
August24,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER~
APPROVED
tIR,
t1J
SUBJECT: Agreement with the County of Kern and Centex Homes for Site Improvements and
Easement Allowing Access to Rudal Road for Development of Vesting Tentative Tract 6148
located north of Alfred Harrell Highway and east of the Cattle Kings Estates on Lake Ming
Road (Ward 3)
RECOMMENDATION: Staff recommends approval of agreement
BACKGROUND: Centex is developing Vesting Tentative Tract 6148 located north of Alfred Harrell
Highway and east of the Cattle King Estates on Lake Ming Road. Although the tract has frontage on
Alfred Harrell Highway no access was allowed from Alfred Harrell Highway. The main access for the tract
is from Rudal Road, which intersects with Lake Ming Road north of Cattle King Estates. However, in order
to get access to Rudal Road, Centex must cross a portion of County property.
This agreement allows Centex to have access to Rudal Road. The City is in the process of annexing
Rudal Road and the portion of County property that the access road must cross, so that this will be entirely
under the City's jurisdiction. The County is quitclaiming that small piece of County property to the City.
This agreement also covers various easements for drainage and slope issues.
Approval of this agreement is necessary to develop Centex Tract 6149.
mps
August 31, 2006, 3:01 PM
G:\GROUPDAl\ADMINRP1\2006\09-13\Cooperative Agreement County City Centex .doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent
ITEM: I ~. "t...
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD.s4JJt-
CITY ATTORNEY y~
CITY MANAGER c\tJ3
Florn Core, Water Resources Manager
August 24, 2006
SUBJECT: License Agreement with the United States Bureau of Reclamation to use Reclamation
Right-of-Way for an equestrian bridge located at the Friant-Kern Canal Outlet Channel, east
of Coffee Road (Ward 2)
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
As part of the Kern River Parkway Program, an equestrian bridge has long been planned for the trail on
the north side of the Kern River at the Friant-Kern Canal Outlet Channel just east of Coffee Road. Since
this section of the equestrian trail crosses over United States land, permission for ingress and egress is
needed from the Bureau of Reclamation, part of the Department of the Interior.
Although there has not been funding for the bridge construction, design drawings for the bridge have been
completed and application made to the Bureau of Reclamation for a License to Use Reclamation Right-of-
Way.
This agreement allows the City to construct, maintain, and operate a bridge for Public use under the terms
of the agreement. There is no compensation for the use of the right-of-way.
sjp
August 29, 2006, 3:37PM
C:\DOCUME-1\bzaragoz\LOCALS-1\Temp\License Agreement Bureau of Rec & City.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: l:.l. OA.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~~ ~~
f' ~".
CITY ATTORNEY /J;nI
CITY MANAGER ars
Raul Rojas, Director
Public Works Department
DATE:
August 30, 2006
SUBJECT: Agreement with Brighton Village Community Association, to provide landscape
maintenance of the streetscape in Vesting Tentative Tract Map 6281 generally located at
San Juan Avenue and Cademont Drive. (Ward 4).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City of Bakersfield and Brighton Village Community Association, wish to enter into an agreement to
allow the Association to maintain landscaping within city rights of way.
The agreement defines the area to be maintained as the streetscape on Allen Road and San Juan Avenue
adjacent to the subdivision.
The Association wants to provide enhanced maintenance activities such as winter over-seeding, annual
flower care and more frequent mowing, trimming, and fertilization than is typically provided by
Maintenance District standard.
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: Il.\1b.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~~ ~
f" ~"
CITY ATTORNEY iJln4
CITY MANAGER 01i57
Raul Rojas, Director
Public Works Department
DATE:
August 30, 2006
SUBJECT: Agreement with Brighton Parks Community Association, to provide landscape maintenance
of the streetscape and median in Vesting Tentative Tract Map 6250 generally located at
Jewetta Avenue and Wincanton Street. (Ward 4).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City of Bakersfield and Brighton Place Community Association, wish to enter into an agreement to
allow the Association to maintain landscaping within city rights of way.
The agreement defines the area to be maintained as the median on San Juan Avenue and the streetscape
on San Juan Avenue and Jewetta Avenue adjacent to the subdivision.
The Association wants to provide enhanced maintenance activities such as winter over-seeding, annual
flower care and more frequent mowing, trimming, and fertilization than is typically provided by
Maintenance District standard.
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: 11.. u".
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
August 30, 2006
SUBJECT: Agreement with Brighton Place Community Association, to provide lands e maintenance
of the streetscape in Vesting Tentative Tract Map 6185 generally located on the west side
of Jewetta Avenue at Milverton Way. (Ward 4).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND: The City of Bakersfield and Brighton Place Community Association, wish to enter
into an agreement to allow the Association to maintain landscaping within city rights of way.
The agreement defines the area to be maintained as the streetscape on the west side of Jewetta Avenue
adjacent to" the subdivision.
The Association wants to provide enhanced maintenance activities such as winter over-seeding, annual
flower care and more frequent mowing, trimming, and fertilization than is typically provided by
Maintenance District standard.
September 5, 2006, 11 :09AM
S:\Admin Rpts\2006\6185 Maintenance 9-13-06 admin.doc
ADMINISlRA liVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: I~.dd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
A. ~:ED
fA
i
1/(;-
August 30, 2006
SUBJECT: Agreement with Brighton Estates Homeowners Association, to pro I ndscape
maintenance of the streetscape in Vesting Tentative Tract Map 6111, 6 27 nd 6128
generally located at Calloway Drive and Gleneagles Drive, and the east side of Jewetta at
Milverton and Braemar. (Ward 4).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND: The City of Bakersfield and Brighton Estates Homeowners Association., wish to
enter into an agreement to allow the Association to maintain landscaping within city rights of way.
The agreement defines the area to be maintained as the streetscape on Calloway and Gleneagles Drives,
and the east side Jewetta Avenue at Milverton and Braemar, adjacent to the subdivision.
The Association wants to provide enhanced maintenance activities such as winter over-seeding, annual
flower care and more frequent mowing, trimming, and fertilization than is typically provided by
Maintenance District standard.
September 5. 2006, 11 :06AM
S:\Admin Rpts\2006\611161276128 Maintenance 9-13-06 admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: I.J. .l.t.
TO:
FROM:
Honorable Mayor and City Council
Raul Rojas, Director
Public Works Department
APPROVED
DEPARTMENT HEAD 9I?~t1"P-
t7 ' .
CITY ATTORNEY ~
CITY MANAGER ((l, 1:>
DATE:
August 30, 2006
SUBJECT: Agreement with Castle and Cooke California, Inc., to provide landscape maintenance of the
entry features in Vesting Tentative Tract Map 6223 generally located at the northeast
corner of Allen Road and White Lane. (Ward 4)
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City of Bakersfield and Castle and Cooke California, Inc., wish to enter into an agreement to allow
Castle and Cooke to maintain landscaping within city rights of way.
The agreement defines the area to be maintained as the entry features on White Lane and South Allen
Road adjacent to the subdivision. .
Castle & Cooke wants to provide enhanced maintenance activities such as winter over-seeding, annual
flower care and more frequent mowing, trimming, and fertilization than is typically provided by
Maintenance District standard.
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: lJ..~.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD M;, ~IL-
f ;W'
CITY ATTORNEY fl/Tl4
CITY MANAGER ~
Raul Rojas, Director
Public Works Department
DATE:
August 30, 2006
SUBJECT: Agreement with Castle and Cooke California, Inc., to provide landscape maintenance of the
streetscape and median in Vesting Tentative Tract Map 6448 generally located at the
southwest corner of Stockdale Highway and South Renfro Road. (Ward 4).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City of Bakersfield and Castle & Cooke California, Inc., wish to enter into an agreement to allow
Castle & Cooke to maintain landscaping within city rights of way.
The agreement defines the area to be maintained as the median and streetscape on South Renfro Road
and the streetscape on Stockdale Highway adjacent to the subdivision.
Castle & Cooke wants to provide enhanced maintenance activities such as winter over-seeding, annual
flower care and more frequent mowing, trimming, and fertilization than is typically provided by
Maintenance District standard.
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: l~. h\"\.
TO:
FROM:
Honorable Mayor and City Council
~VED
DEPARTMENT HEAD ~
Dianne Hoover, Director
Recreation & Parks Department
DATE:
August30,2006
CITY ATTORNEY
CITY MANAGER
jJ;n/
<f1v7
SUBJECT: Agreement with Castle and Cooke Commercial- Ca, Inc., for use of parking area near
Bright House Networks Amphitheatre (Ward 4).
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The City of Bakersfield and Castle & Cooke Commercial-Ca, Inc. worked collaboratively to plan for a
temporary parking facility on Castle and Cooke property adjacent to the Bright House Networks
Amphitheatre located near Stockdale Highway and Buena Vista Road.
The agreement specifies that overflow public parking for events held at the Amphitheatre will be permitted
on Castle and Cooke property. The agreement further specifies that the area must be fenced and parking
attendants need to be onsite during events. The term of the agreement is through December 31,2006.
August 31,2006, 7:41AM
8:\2006 Admins\Brighthouse Parking 9-13-o6.doc
ADMINISTRA liVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~.
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT H ;)
CITY ATTORNEY i/&!-
CITY MANAGER ~
September 5, 2006
SUBJECT: Agreement with the Bakersfield Redevelopment Agency for use and repayment of Section
108 Loan Funds to HUD for the Fire Station No. 5 Project. (WARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In December of 2004, the Bakersfield Redevelopment Agency (RDA) approved the acquisition of property
located at 102 East White Lane for the development of a fire station which will provide the necessary fire
services to better serve the community and to serve future Southeast residential development.
The Southeast Fire Station is a key development and is included as one of the highest priorities for
development in the Southeast Redevelopment Plan. The development of this station will provide the
necessary fire services to better serve the community and to serve future Southeast residential and
commercial development.
The City of Bakersfield submitted the application to HUD on behalf of the Agency for this project and
received a $1.6 million Federal Section 108 Loan. The funds will be used for the construction of a fire
station and police sub-station consisting of an 8,000 sq. foot building and related infrastructure.
HUD requires that an agreement be executed between the City and Redevelopment Agency authorizing
the RDA to use the loan funds for the purposes stated above and to comply with all of the HUD regulations
associated with the funds. In addition, the agreement calls for the pledge of available Southeast
Bakersfield tax increment to retire the $1,600,000 Section 108 loan obligation. The Bakersfield
Redevelopment Agency approved this Agreement at its September 11, 2006 meeting.
S:\Admins\City Council\City Council Admins 2006\Fire Station NO.5 use and pay.doc
9/5/200610:20 AM
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I:)... i ,'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY /f/fiI;4
CITY MANAGER a1tJ7
August 30, 2006
SUBJECT: Amendment No.1 to Agreement No. 05-246 with Hargis and Son ($80,000.00, revised not
to exceed $160,000.00 and extending term for one (1) year) for the annual contract for
biosolids hauling and spreading. (Wards 1 and 6)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On May 11, 2005, Council awarded the annual contract for the hauling and spreading of
dried biosolids generated by Wastewater Treatment Plants Nos. 2 and 3. The Agreement allows for a one
(1) year extension if all parties agree. City staff and Hargis and Son Bakersfield, 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 re-
bid.
Purchasing Division
DW
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 05-426, Hargis and Son, AC Siosolids Hauling and Spreading, September 13,
2006.doc
August 30, 2006. 6:24PM
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~, i i .
v..J
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGE
August30,2006
SUBJECT: Contract Change Order NO.6 to Agreement 05-218 with Floyd Johnston Construction Co.
($224,854.04 increase for a revised not to exceed amount of $9,065,144.71) for the Trunk
Sewer Replacement along Planz Road (Ward 1).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the replacement of the deteriorated sewer trunk line on Planz
Road between South Chester Ave and Sewer Treatment Plant No.2. Construction of this project began in
December 2005.
During construction, an uncompleted section of Storm Drain was discovered. In order to properly drain
this area, this storm drain facility must be completed. The contractor has agreed to install this facility (as
outlined in the attached change order) for the lump sum price of $105,532.94.
When the aforementioned storm drain was discovered, the existing pipe was filled with storm water and
mud which filled the newly placed sewer line. As such, the contractor must now clean the new sewer line
before finishing the pipe liner and placing it in service. The contractor has agreed to do this work for the
lump sum price of $10,789.26.
During construction operations between Madison Ave. and Cottonwood Rd., it was noticed that the paved
surface on Planz Road has completely failed. As part of the sewer installation, only the north half of Planz
Road will be reconstructed (as part of the trench patch) leaving the south half of Planz Road in a
dilapidated condition. The contractor has agreed to reconstruct the south half of Planz Road from
Madison Ave. to Cottonwood Rd. for the lump sum price of $61,689.00.
The contractor's operations were delayed during the course of construction. This delay was due to PG&E
relocating a gas line and also because the contractor supplied the City with sewer pipe from the Planz
Road project to construct the emergency sewer line repair at East Brundage and Mt. Vernon. As a result
of this delay, the contractor must now pay more for asphalt concrete on this project due the higher oil
prices. Our research has shown that these asphalt price increases would not have affected the contractor
had these unforeseen delays not occurred. A cost analysis has revealed that the total impact of the cost
increase to the contractor for this item is an increase of $33,000. The contractor has agreed to accept this
amount.
G:\GROUPDAT\ADMINRPl\2006\OB-30\CCO 6 - Planz Rd Sewer.doc
RM
ADMINISTRATIVE REPORT
As a result of supplying pipe to the City for the emergency sewer repair at East Brundage and Mt. Vernon,
the contractor had to restage their operations. This resulted in one additional mobilization of equipment.
This contractor has agreed to accept a lump sum payment of $3,452.50 as full compensation for this
additional mobilization.
An existing sewer pipe stub out of one of the manholes was discovered to be placed in such a way that
the contractor could not connect the new sewer line. As such, this sewer stub must be removed and
replaced in order to install the new sewer line. The contractor has agreed to do this work for the lump
sump price of $1,390.34.
A portion of the connection of the new sewer line the existing facility at South Chester had to be modified.
This modification includes installation of additional 24" sewer pipe and placement of cement sand slurry.
The contractor has agreed to accept a lump sum of $9,000 to perform the modification.
This is the Sixth contract change order to be submitted for the project. This change order will increase the
project total by $224,854.04. The change orders to date on this project reflect a net increase of
$249,954.71 (which is an increase of 2.8% of the original contract amount) as illustrated b~low:
.
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$8,815,190.00,
$9,065,144.71
$ 249,954.71
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDAT\ADMINRPT\2006\08-30\CCO 6 - Planz Rd Sewer. doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: l~. \<'K.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD If---
CITY ATTORNEY fI1:.
CITY MANAGER 0/ir5
August 30, 2006
SUBJECT: Contract Change Order NO.1 to Agreement 06-105 with Loop Electric, Inc. ($15,158.00 for
a revised not to exceed amount of $223,056.40) for the Traffic Signal Installation on
Camino Media at Scarlet Oak Blvd and Roadrunner Dr and Interconnect Synchronization
on Camino Media and Haggin Oaks Blvd (Ward 5).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project began construction in June 2006. At that time, the planned power source
for the two (2) signals to be installed was not available. PG&E has provided another power source for
these signals; however, an additional 835 linear feet of underground conduit and wire must be installed in
order to connect to the alternate power source. The contractor has agreed to do this work for the lump
sum price of $14,408.
During construction, it was also discovered that one (1) additional detector loop will be needed at
Roadrunner Dr. in order to make this signal function properly. The contractor has agreed to install this
additional detector loop for the lump sum price of $750.
This is the first contract change order to be submitted for the project. This change order will increase the
project total by $15,158.00. The change orders to date on this project reflect a net increase of $15,158.00
(which is an increase of 7.3% of the original contract amount) as illustrated below:
.
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$207,876.40
$223,056.40
$ 15,180.00
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDAT\ADMINRPT\2006\09-13\CCO 1 Camino Media Signals.doc
SP
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: I~.ll.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY~
CITY MANAGER cfl,U7
August 30, 2006
SUBJECT: Extend bid from Bakersfield Harley Davidson in the amount of $90,465.20 for five (5)
replacement police special motorcycles.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: At the Council meeting of October 12, 2005, Bakersfield Harley Davidson was awarded
the bid for the purchase of police special motorcycles. The bid specifications included a provision
whereby, with the written approval of both the bidder and the City, the City may purchase additional units
at the same per unit cost within one year after acceptance of the original bid. Bakersfield Harley Davidson
has indicated their approval of extending the same per unit cost for this purchase.
Purchasing Division
OW
S:\PURCH\ADMIN\Police Motorcycles, Extension of Bid, September 13, 2006.doc
Created on 8/30/20065:55:00 PM
ADMINISlRA liVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: 1~.mrY\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/'\/~
/Zl;i4
0/./>>
August 30,2006
SUBJECT: Extend bid from Jim Burke Ford in the amount of $821,816.98 for thirty-seven (37) police
special sedans.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: At the Council meeting of October 12, 2005, Jim Burke Ford was awarded the bid for
the purchase of police special sedans (patrol vehicles). The bid specifications included a provision
whereby, with the written approval of both the bidder and the City, the City may purchase additional units
at the same per unit cost within one year after acceptance of the original bid. Jim Burke Ford has
indicated their approval of extending the same per unit cost for this purchase. Nineteen (19) of the
vehicles are replacement units and eighteen (18) are additional units.
Purchasing Division
OW
S:\PURCH\ADMIN\Police Special Sedans, Extension of Bid, September 13, 2006.doc
Created on 8/31/2006 11 :29:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: I~.n(\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
August 30, 2006
CITY ATTORNEY
CITY MANAGER~
/V5
Mn4
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
SUBJECT: Accept bid and award contract to Toter, Inc. (not to exceed the budgeted amount of
$528,000.00) for the annual contract - refuse carts. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to nine (9) suppliers for the Annual Contract for Refuse
Carts for the Public Works Solid Waste Division. Five (5) bids were received in response to solicitation.
One of the requirements of the bid was that the supplier's cart be field-tested to ensure compatibility with
the City's refuse equipment. The carts for the three lowest bidders were tested in the field; the carts from
Cascade Engineering did not pass the field test. Staff recommends award of contract the lowest
acceptable bid submitted by Toter, Inc, Statesville, North Carolina.
(Spreadsheet attached)
Purchasing Division
OW
S:\PURCHIADMINIAC Refuse Carts, Toter, Inc., 06-07-02, September 13, 2006.doc
Created on 8/30/2006 10:42:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: IJ.. 00.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY /tfJ
, c
August 30, 2006
CITY MANAGER 01J5
SUBJECT: Diesel exhaust removal systems for Fire Stations 1-4 and 6-11
1. Accept Federal grantfor $211,176.00 for diesel exhaust removal systems.
2. Accept bid and award contract to Air Cleaning Systems, Inc. ($304,221) for installation
of exhaust removal systems for Fire Stations 1-4 and 6-11
,
RECOMMENDATION: Staff recommends acceptance of the Federal grant and the acceptance of bid and
award of contract.
BACKGROUND: The United States Department of Homeland Security (DHS) Assistance to Firefighters
Program provides grants to Fire Departments for the purpose of protecting the health and safety of the
public and firefighting personnel. The Fire Department applied for and received a grant in the amount of
$211,176.00 from DHS (Assistance to Firefighters Grant) for the purchase of diesel exhaust removal
systems for Fire Stations 1-4 and 6-11.
Purchasing issued Invitations to Bid for providing and installing the diesel exhaust removal systems. Two
(2) bids were received in response to solicitation and are as follows:
BIDDER
AMOUNT
$304,221.00
Air Cleaning Systems, Inc.
Pomona, CA
Air Exchange, Inc.
San Bruno, CA
$319,130.00
Staff finds the low bid to be acceptable and recommends award of the contract to Air Cleaning Systems,
Inc., Pomona, CA in the amount of $304,221.00.
Purchasing Division
OW
S:\PURCH\ADMIN\Diesel Exhaust Removal Systems for Fire Stations, Air Cleaning Systems, Inc., 06-07-05, September 13, 2006.doc
Created on 8/30/2006 1 :25:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM: 1J..oo.
. .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
August 28, 2006
SUBJECT: Transfer $163,000 of appropriations from a budgeted Capital Improvement Project (New
Signal at Stockdale Highway and Renfro Road) to a new Capital Improvement Project for a
new signal at Calloway Drive and Noriega Road within the Transportation Development
Fund 0Nard 4).
RECOMMENDATION: Staff recommends approval of transfer.
BACKGROUND: The Fiscal Year 2006/2007 adopted Capital Improvement Program budget included
$163,000 for a new traffic signal and lighting system installation at the intersection of Stockdale Highway
and Renfro Road. This traffic signal is currently under construction by Castle & Cooke. Castle & Cooke is
constructing this traffic signal to receive a traffic impact fee credit.
The proposed signal at Calloway Drive and Noriega Road is next on the traffic signal priority list. The
signal is also on the traffic impact fee facilities list; therefore, it is eligible for funding under the
Transportation Development Fund. Staff recommends the transfer of funds originally budgeted for the
signal at Stockdale Highway and Renfro Road project to the signal at Calloway Drive and Noriega Road
project.
pw/design engineering/nsg
August 28, 2006, 3:49PM
G:GROUPDAT\ADMINRPT\2006\09-13\Transfer Of Fundsy,dminReport T7K150.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Consent Calendar
ITEM:la.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
August29,2006
CITY A TIORNEY
CITY MANAGER
APPROVED
~
,
j/(J-
~
SUBJECT: Appropriate $10,000 developer share project costs to the General Fund in the Development
Services operating budget for consulting service for processing SunCal McAllister Ranch
environmental documents. (Ward 5 upon annexation)
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
LBREP/L-SUNCAL MCALLISTER RANCH LLC is annexing the "McAllister" Ranch project into the City of
Bakersfield. A department contract with Northcutt & Associates for $10,000 was entered into on March
22, 2006 to process this application. The initial work has neared completion; however the State of
California, Department of Human Services is requiring additional documentation which will be required in
order to complete the annexation process. As this was not anticipated in the original contract, it necessary
to appropriate additional developer contribution and amend the contract.
McAllister Ranch is located in the western Bakersfield Metropolitan area and covers 2,070 acres. The
ranch calls for 9,000 residential units, golf course and more than 250 acres of commercial acreage.
LBREP/L-SUNCAL MCALLISTER RANCH LLC and the City of Bakersfield have signed an annexation
agreement that acknowledges the existing entitlements granted to them previously in the County of Kern.
August 31,2006, 2:51PM
S:\Dana\admin\2006\Sept\9-13-Northcutt McAllister Ranch Admin Amend No1.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: la. rr .
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ()l.Jz,
August 31,2006
SUBJECT: Community Development Block Grant and HOME Investment Partnership Action Plan
Amendment No.3 (FY 05/06). (Wards All)
1) Appropriate $25,000 Community Development Block Grant prior year program income.
2) Appropriate $1,250,000 HOME Investment Partnership prior year program income.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economic and Community Development staff is proposing to reprogram Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) funds from program income or completed
projects. In compliance with HUD regulations, any significant change or addition to the approved CDBG
or HOME annual plan must undergo an amendment process which includes obtaining citizen views and
comments on the proposed change for a period of 30 days. A notice was publiShed on August 13, 2006
requesting comments and to date no comments have been received.
Staff is proposing the following amendments to CDBG/HOME activities:
1) reprogramming of CDBG project savings/program income in the amount of $25,000 for the
rehabilitation of the roof at Ebony Counseling Center located at 1301 California Avenue. Ward 1
2) reprogramming of HOME project savings/program income in the amount of $400,000 to the
Community Housing Development Organization (CHDO) set-aside for loans and grants to develop,
acquire, rehabilitate, and/or construct affordable single or multi-family housing.
3) reprogramming of HOME project savings/ program income in the amount of $850,000 to New
Construction Assistance for housing development assistance for costs associated with the
acquisition or construction of affordable housing.
S:\AdminsICily Council\City Council Admins 2006\action plan amendment 09-13-06.doc
8/31/2006 2:16 PM
ADMINISTRATIVE REPORT
MEETING DATE: September 13,2006
AGENDA SECTION: Hearings
ITEM: ILl.f{.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
September 1, 2006
SUBJECT: Public Hearing to consider Resolution ordering the vacation of access to vehicular traffic
from/to Elm Street from/to 24th Street - south side only (Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request from most of the residents on Elm
Street, between 22nd and 24th Street, to close access to vehicular traffic from/to Elm Street from/to 24th
Street (south side only). As part of the Thomas Roads Improvement Program (TRIP), an interchange off
SR99 will be constructed and Elm Street will be closed off at a location that is still to be determined. The
residents on Elm Street petitioned to temporarily close traffic access now by placing pre-cast concrete
barriers across Elm Street at 24th Street. When the exact location of the cul-de-sac is known, a permanent
closure will be built as part of the TRIP Project. This is only a street closure; no street right-of-way is being
vacated.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
The utility companies serving the area have been notified by mail and no objections have been received
as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from these owners as of the date
of this report.
The proposed closure was approved by the Planning Department on June 22, 2006 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEOA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1466 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of August 16, 2006.
Notice of this public hearing has been duly advertised and posted as required by law.
August 8, 2006, 11 :30AM
G:\GROUPDA T\ADMINRPT\2006\09-13\ 1466-final admin.doc
ADM'INI:STRA TIVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD 54-
CITY ATTORNEY I3JnA
.
CITY MANAGER ~
August 31, 2006
SUBJECT: Marino and Associates representing Patricia Crawford et. aI., the property owners,
applied for Zone Change No. 06-0581 to pre-zone 20 acres from an A (Agriculture) zone
to an R-S (Residential Suburban) zone located on the south side of Pioneer Drive
(extended), approximately 660 feet east of Vineland Drive. An appeal of the Planning
Commission's decision was submitted by James B. Wiens. rNard 3, upon annexation)
1. First reading of ordinance denying the appeal, approving the Negative
Declaration and approving Zone Change No. 06-0581.
RECOMMENDATION:
Staff recommends first reading of ordinance denying the appeal, approving the Negative Declaration
and approving Zone Change No. 06-0581.
BACKGROUND:
On July 20, 2006, the Planning Commission held an advertised public hearing on this zone change
request, and recommend adoption by the City Council, subject to conditions of approval. An appeal
was filed by James B. Wiens, representing the Stoller and Lehr families, whom are adjacent land
owners with agricultural operations. The zone change requests to pre-zone the property from an A
(Agriculture) to an R-S (Residential Suburban) zone on 20 acres for purposes of large lot single family
residential development located on the south side of Pioneer Drive (extended), approximately 660 feet
east of Vineland.
The reason for the request is to bring the zoning into conformance with the existing SR (Suburban
Residential) General Plan Land Use designation on the subject property. The SR designation on the
subject property and adjacent land including most of the Stoller and Lehr properties was determined by
the County of Kern. The 20 acre project site is currently undeveloped and the property owners have
requested annexation to the City.
Mr. Wiens, the appellant, states the Stoller and Lehr families own, live and farm adjacent and nearby
land. The zone change to allow residential uses would inhibit, and disrupt the agricultural activities.
Residents are likely to complain about the odors, dust and chemical applications that are typical for
agricultural activities. In addition, Mr. Wiens is on the opinion that the two conditions of approval placed
jeng
August 31, 2006, 8:33AM
S:\Dana\admin\2006\Sept\9-13-0581.dot
ADMINISTRATIVE REPORT
on the project by the Planning Commission do not protect agricultural activities. These two additional
conditions are shown below and were agreed to by the applicant (Marino and Associates).
From Attached Exhibit "1" Conditions of Aooroval:
7. All lots adjacent to A (Agriculture) zoning shall have a minimum lot depth of 175 feet
and designed so that rear yards abut the A (Agriculture) zone.
8. A covenant will be recorded disclosing the neighboring business activity of the
agricultural operations to all future residents.
Three people spoke in opposition to the project at the Planning Commission hearing. The speakers
were area residents that have agricultural operations or homes on the adjacent land. Their concern
was the close proximity of residential homes to their vineyards and orchards would generate complaints
from the residents about dust and odor, and inhibit their operations, such as the use of large equipment
and agricultural chemicals.
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 to deny the appeal and hold first reading of the zone change.
Jeng
S:\ZoneChange\06-0581 \CC\adm rpt.dot
August 31,2006
August 31, 2006, 8:33AM
jeng /S:\Dana\8dmin\2006\Sept\9-13-0581. dot
ADMINISTRATIVE REPORT
MEETING DATE:
September 13, 2006
AGENDA SECTION: Hearings
ITEM NO: l't. c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
August 29, 2006
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER a r:s
SUBJECT: Phill Gaskill of Siena Homes, property owner, has applied for a Zone Modification No. 06-1249 to
reduce the required front yard setback along Amati Drive from 25 feet to 20 feet for a single-
family residence in an R-1 (One-Family Dwelling) zone district located at 7009 Amati Drive. An
appeal of the Board of Zoning Adjustment's decision was submitted by Siena Homes (Ward 3).
1. Resolution denying the appeal and denying Zone Modification No. 06-1249.
RECOMMENDATION:
Staff recommends approval of the Resolution, denying the appeal and denying Zone Modification No. 06-1249.
BACKGROUND:
On August 8, 2006, the Board of Zoning Adjustment (BZA) considered a request to reduce the front yard setback
from 25 feet to 20 feet for a single-family residence. The modification was requested because a portion of the
foundation was poured too close to the front property line. The applicant stated that their surveyor incorrectly
staked the property which caused the error. The BZA found they could not make the appropriate findings
necessary to approve the request as it would be a grant of special privilege not enjoyed by other property owners
on surrounding R-1 zoned lots and would be inconsistent with existing development of R-1 zoned properties in
the area. The intent of a zone modification is to address and to deal with unique issues or problems on a lot such
as topography, lot design, or other physical features that make it difficult to meet specific development
standards; not a means to circumvent the city's standards when a builder makes a construction error. It was the
opinion ofthe BZA and of staff that a 19,978 square foot lot is large enough to accommodate the residence and
maintain the minimum setback requirements.
The applicant filed an appeal of the decision of the BZA on August 17, 2006. The applicant's appeal letter
continues to state that the error was caused by field surveying. The appellant is requesting approval of the
modification based upon the following reasons:
1. The Siena Development is a gated private community in which each semi-custom home will vary
in architectural style or color scheme and Phase I home sites average 19,951 square feet.
2. There are only 10 home sites on Amati Drive, of which there are only 2 other homes on the same
side of the street with the residence in question.
August 30, 2006, 8:26AM
S:\Danaladminl2006\Sapt\9-13-1249.appea/.agg.doc
ADMINISTRATIVE REPORT
page 2
3. Due to the structural design of the home, it is not possible to shift the existing basement beyond
the setback using the straight line setback rule.
4. The cost of relocating the existing basement would be extremely expensive and time consuming.
5. Only a small portion of the left and right corners of the structure are located in the setback. The
bulk of the structure is behind the setback line.
6. The existing location of the home does not detract from the architectural appearance of the
private community or the neighboring homes.
7. The home has a side load garage that in its present location allows up to 4 cars to be parked off-
street.
This lot is within a tract (Tract 6347) that was approved with an "Optional Design" that allowed the subdivision
developer to deviate from typical development standards such as street widths, sidewalks, and street grade. The
private streets have a reduced right-of-way width of 50 feet, no sidewalks, and rolled curbs. Even without a
modification, homes in this tract can be built on average 5 feet closer to the actual street than most other homes
in the city. The justification given for the request does not satisfy the required findings for approval under the
municipal code, which was the basis for the BZA's denial. Since the findings cannot be made to allow the
requested modification, the appeal is recommended for denial.
August 30, 2006, 8:26AM
S:\DanalBdmin\2006\Sep/\9-13-1249.appeal.egg.doc
ADMINISlRA liVE REPORT
MEETING DATE: September 13, 2006
AGENDA SECTION: New Business
ITEM: 17.a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
September 5, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Authorization of a letter from the City of Bakersfield and Bakersfield Re evelopment
Agency to the United States General Services Administration regarding a Federal
Courthouse in downtown Bakersfield
RECOMMENDATION: Staff recommends the attached letter be authorized and sent.
BACKGROUND: The City of Bakersfield and Bakersfield Redevelopment Agency (RDA) are working
with the United States General Services Administration (GSA) to locate a new Federal Courthouse in
downtown Bakersfield. GSA has asked for clarification on what the City and RDA are willing to do to bring
this project in.
The attached draft letter is an effort to put a positive foot forward to bring this project to completion.
The recommended program provides that the City and RDA take responsibility to assemble the land for
the GSA, with the developer either paying to exercise land options, or with the City/RDA selling it to the
prevailing developer. The selection between the two options will be determined later.
In the letter, the entire tax increment collected during the term of the lease would be rebated to the
developer. We believe this has a ten-year value of over $1.0 million.
The City/RDA would also make parking requirements fit the actual needs to avoid unnecessary land
acquisition. The offer is also to incorporate use of the parking lane on the street into the design of the
safety zone, which helps reduce the amount of private property needed.
There will be staff, appraisal and legal costs associated with this program. Estimating the actual amount
will not be possible until the lot size is clearer and a specific site identified. The funds will come from the
Old Town Kern Redevelopment Project Area. Separately, the City/RDA will work to identify specific sites
meeting the criteria of the GSA and Federal Courts.
September 5, 2006. 3:50PM
S:\Admin Rpts\2006\GSA Letter - New Business - 091306.dot
AT:al
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 30, 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, Scrivner
Absent:
None.
2. PRESENTATIONS
a. Presentations by City Manager Tandy of Retirement
Plaques to Alan Christensen and Carroll Hayden.
Carroll Hayden and Alan Christensen accepted the
plaques and made comments.
3. PUBLIC STATEMENTS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed session pursuant to subdivision
(b )(1 )(3)(A) of Government Code section 54956.9
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:25 p.m.
APPROVED
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:00 p.m.
APPROVED
Bakersfield, California, August 30,2006 - Page 2
RECONVENED MEETING - 6:30 p.m.
ACTION TAKEN
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Father Joseph Chaffee, St. George Greek
Orthodox Church.
7. PLEDGE OF ALLEGIANCE by Michael Eller, 5th Grade
Student at Standard Elementary School.
8. CLOSED SESSION ACTION
a.
NO REPORTABLE
ACTION
Conference with Legal Counsel - Potential
Litigation; Closed session pursuant to subdivision
(b)( 1 )(3)(A) of Government Code section 54956.9
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Father Joseph Chaffee, Ms. Davida Delis and
Mr. Ted Bundy, of St. George Greek Orthodox
Church, proclaiming September 3-9, 2006, as
"Greek Heritage and Festival Week".
Father Joseph Chaffee accepted the Proclamation.
10. PUBLIC STATEMENTS
a. Dr. Roddie Reed spoke regarding the Royal Palms
Mobile Home Park.
Vice-Mayor Maggard requested staff contact Dr. Reed
regarding making the Royal Palms Mobile Home Park
and the adjacent golf course an Historical Cultural
Monument, and report back to Council.
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 16, 2006,
Regular City Council Meeting.
12.
Bakersfield, California, August 30,2006 - Page 3
CONSENT CALENDAR continued
ACTION TAKEN
Payments:
b. Approval of department payments from August 4,
2006 to August 17, 2006 in the amount of
$11,613,391.87 and self-insurance payments from
August 4, 2006 to August 17, 2006 in the amount of
$164,252.30.
Ordinances:
c.
First reading of Ordinance amending Chapter 9.23
of the Bakersfield Municipal Code relating to loud
and unruly events.
FR
d.
First reading of Ordinance amending Section
91.12.060 by adding Annexation No. 477 to Ward 6,
located east of Ashe Road, generally north and
south of Taft Highway.
FR
e.
Adoption of Ordinance approving a Negative
Declaration and amending Section
17.06.020 (Zone Map NO.1 02-05) of the Municipal
Code by changing the zoning from A (Agriculture) to
C-1 (Neighborhood Commercial) on 15 acres
located at the northwest corner of Snow Road and
Coffee Road. (Applicant: SmithTech/USA, Inc.
representing Bidart Brothers) (ZC 06-0258)
ORD 4369
f.
ORD 4370
Adoption of Ordinance amending Section 5.48.020
of the Municipal Code relating to franchise rights.
Resolutions:
g. Verdugo Lane Planned Sewer Area:
1.
RES 225-06
Resolution adopting the Verdugo Lane
Planned Sewer Area and making findings
thereto.
Adoption of Ordinance amending Section
16.32.060 of the Municipal Code relating to
sewer facilities.
2.
ORD 4371
Bakersfield, California, August 30,2006 - Page 4
ACTION TAKEN
12.
CONSENT CALENDAR continued
h. Econolite Autoscope Traffic Signal Video Detection
Systems:
Resolution determining that video detection
systems cannot be obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with
bidding therefore, not to exceed $130,000.
2. Approve the purchase of fifteen (15)
Econolite Autoscopes from Econolite Control
Products, Inc. (not to exceed $130,000).
RES 226-06
1.
i. Trane HVAC Control Systems for the Convention
Center and City Hall Annex:
1.
Resolution determining that the HV AC
Control Systems for the Convention Center
and City Hall Annex cannot be obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense
with bidding therefore, not to exceed
$305,000.
Agreement with Trane Company ($305,000)
to furnish and install Trane HV AC
control systems for City Hall Annex and the
Convention Center.
RES 227-06
2.
AGR 06-248
j. Assessment District No. 06-1 (Etcheverry/Lin
II/University Park):
1.
Resolution approving acquisition and
disclosure agreements and authorizing
changes thereto and execution thereof.
Acquisition and Disclosure Agreement with
Low Land Assets, LP.
Acquisition and Disclosure Agreement with
Lennar Homes of California, Inc.
Agreement with Castle & Cooke California,
Inc.
AGR 06-251
RES 228-06
2.
AGR 06-249
3.
AGR 06-250
4.
Bakersfield, California, August 30,2006 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
k. Sale of Real Property
1. Resolution declaring real property located RES 229-06
north of Berkshire Road, east of State
Highway 99 surplus to needs of the City.
2. Agreement with Lennar Homes of California, AGR 06-252
Inc., a California corporation to purchase ORD 6477
property located north of Berkshire Road,
east of State Highway 99 for $80,000.
I. Resolution reaffirming the City's Annexation Mission RES 230-06
Statement and Amending the Pre-Application
Process for Annexations.
Resolution adding territory, Area 1-66 (Jewetta, RES 231-06
m.
Birchhaven SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
n. Resolution adding territory, Area 3-53 (Berkshire, RES 233-06
Reliance SW) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
o. Resolution adding territory, Area 3-54 (Berkshire, RES 233-06
Gosford SW) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
p. Resolution adding territory, Area 3-55 (Panama, RES 234-06
Ashe SW) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
q. Resolution adding territory, Area 4-59 (Beale, E. 18th RES 235-06
SW) to the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection
of assessments by the Kern County Tax Collector.
12.
Bakersfield, California, August 30,2006 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
r.
Resolution adding territory, Area 4-60 (E. Brundage,
Mt. Vernon NE)) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
RES 236-06
s.
Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of weeds,
debris and waste matter and authorize collection of
the assessments by the Kern County Tax Collector.
RES 237-06
t.
Resolution Authorizing the requisite city personnel
to execute all documents required to access Section
108 Loan Guarantee Funds of $1.6 Million for Fire
Station #5 Project.
REMOVED FOR
SEPARA TE
CONSIDERA TION
Agreements:
u. Tract Map and Improvement Agreements:
1.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6367 Units 1 & 2 located east of Wible
Road on Berkshire Road.
AGR 06-253
AGR 06-254
AGR 06-255
2.
AGR 06-256
Final Map and Improvement Agreements
with Olive Branch Community Church-
Bakersfield for Tract 6399 located at the
northwest intersection of Olive Drive and Old
Farm Road.
v.
Agreement with Duane Morris, LLP, ($250,000) for
outside legal services in the matter of North Kern
Water Storage District v Kern Delta Water District, et
al; and, City of Bakersfield v Kern Delta Water
District (CEQA).
Amendment NO.5 to Agreement No. 87-18 with
Dreyer's Grand Ice Cream, Inc. to correct an
error in the calculation of interest charges relating to
the purchase of additional wastewater treatment and
disposal capacity at Wastewater Treatment Plant
NO.3.
AGR 87-18(5)
AGR 06-257
w.
x.
Amendment NO.2 to Agreement No. 04-241 with
CompuCom ($332,997.23) regarding
software licenses.
AGR 04-241(2)
Bakersfield, California, August 30,2006 - Page 7
12.
CONSENT CALENDAR continued
ACTION TAKEN
y.
Agreement with Action Sports for use of a portion of
the complex (Aquatic Center and Ice Center) for the
purpose of selling hockey and swimming
accessories.
AGR 06-258
Bids:
z. Accept bid from Central Valley Truck Center
($1,612,348.24) for seven (7) additional LNG
automated front loaders.
aa. Extend bids for pickup trucks from:
1. Jim Burke Ford, $307,571.41 for eight (8)
replacement and thirteen (13) additional
pickup trucks for the Development Services
Department, Water Resources Department,
Police Department, Recreation and Parks
Department and Public Works Department
Engineering Division.
2. Raceway Ford, $309,806.72 for five (5)
replacement and seven (7) additional pickup
trucks for Recreation and Parks Department
and the Public Works Department Streets
Division.
bb. Accept bid from Best Buy Gov LLC ($41,515.40) for
digital cameras for the Police Department and
Public Works Graffiti Division.
cc. Accept bid from Hanson Pipe and Pre-Cast
($90,672.15) for the purchase of culvert for Kern
Island Canal - Branch 1 (Hughes Lane and
McCourry Street)
dd. Mountain Vista At-Grade Rail Crossing at the Union
Pacific Railroad Buttonwillow Branch:
1.
Accept bid and award contract to Griffith
Company ($894,894).
AGR 06-259
2. Appropriate $700,000 Transportation
Development Fund balance to the Capital
Improvement Budget.
Bakersfield, California, August 30,2006 - Page 8
12.
CONSENT CALENDAR continued
ACTION TAKEN
ee. Akers Road At-Grade Rail Crossing at the Union
Pacific Railroad Buttonwillow Branch:
1.
Accept bid and award contract to Griffith
Company ($1,581,581).
2. Appropriate $468,000 Transportation
Development Fund balance to the Capital
Improvement Budget.
AGR 06-260
ff. Annual Contract for Street Materials
1.
Accept bid and award contract to Granite
Construction (not to exceed $5,000,000).
AGR 06-261
2.
Accept bid and award contract to AC
Materials (not to exceed $2,500,000).
AGR 06-262
gg.
Accept bid and award contract to AC Electric
($291,780.90) for the traffic signal and lighting
system modifications on Stockdale Highway at Stine
Road and Real Road.
AGR 06-263
Miscellaneous:
hh. Appropriate $5,000 contribution from Castle &
Cooke, Inc. to the Recreation and Parks
Capital Improvement Budget within the Park
Improvement Fund for Refurbishment of the
Silver Creek Community Center located at 7011
Harris Road.
ii. Appropriate $76,416.00 State Grant Revenue for
the Waste Tire Clean Up Grant Program;
$27,072.00 to the Development Services Operating
Budget in the General Fund and $49,344.00 to the
Solid Waste Operating Budget in the Refuse Fund.
Motion by Vice-Mayor Maggard to approve consent
calendar items 12.a. through 12.ii. with the removal of
items 12.c. and 12.t for separate consideration.
APPROVED
12.
Bakersfield, California, August 30,2006 - Page 9
CONSENT CALENDAR continued
ACTION TAKEN
c.
First reading of Ordinance amending Chapter 9.23
of the Bakersfield Municipal Code relating to loud
and unruly events.
FR
Vice-Mayor Maggard requested staff investigate
suspending drivers licenses for graffiti offenses.
Motion by Vice-Mayor Maggard to give first reading to
the Ordinance.
APPROVED
t.
Resolution Authorizing the requisite city personnel
to execute all documents required to access Section
108 Loan Guarantee Funds of $1.6 Million for Fire
Station #5 Project.
RES 224-06
AGR 06-247
Motion by Councilmember Carson to adopt the
Resolution.
APPROVED
13. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution authorizing
St. John Manor, L.P. to issue multifamily housing
revenue bonds (not to exceed $5 million) for the
rehabilitation of the St. John Manor Apartment
located at 900 4th Street.
RES 238-06
b.
Public Hearing to consider Development Plan
Review No. 05-1897; Mcintosh and Associates,
representing Castle and Cooke Development
(property owner) has applied for development plan
review on 11.94 acres located on the northeast
corner of Ashe Road and Panama Lane. An
appeal of the Planning Commission's decision was
submitted by Mcintosh and Associates.
WITHDRAWN
Applicant withdrew item 13.b.
Hearings opened at 6:54 p.m.
No one spoke.
Hearing closed at 6:55 p.m.
Motion by Vice-Mayor to approve Consent Calendar
items 13.a and 13.b.
APPROVED
Bakersfield, California, August 30, 2006 - Page 10
14.
HEARINGS
ACTION TAKEN
a. Public Hearing to consider General Plan
Amendment/Zone Change 05-1947; Banducci
Land, LLC. (property owner) has applied for a
general plan amendment and zone change on
approximately 46 acres located at the northwest
corner of Gosford Road and McKee Road (future).
An appeal of the Planning Commission's decision
was submitted by Brent Dezember.
1. Resofution approving the Negative
Declaration, upholding the appeal modifying
conditions of approval, and adopting the
general plan amendment changing the land
use designation from R-IA (Resource-
Intensive Agriculture) to LR (Low Density
Residential) on approximately 46 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of Municipal Code and amending Zoning
Map No. 123-32 from A (Agriculture) to
R-1 (One-Family Dwelling) on approximately
46 acres.
City Clerk McCarthy announced correspondence
was received from Timothy Kleier, Banducci Land,
LLC requesting the issue be continued to the next
GPA cycle.
Hearing opened at 6:57 p.m.
No one spoke.
Hearing closed at 6:57 p.m.
Motion by Councilmember Hanson to continue the item
to the next GPA cycle.
APPROVED
b. Continued Public Hearing to consider appeal by
Leroy Petty of the Building Director's
decision concerning construction of a carport at
3309 Spring View Street.
1.
Resolution upholding the Building Director's
decision requiring the applicant to apply
for a zoning modification with the Planning
Department and comply with the Board of
Zoning Adjustment's ruling within 10 days or,
if a zoning modification is not pursued,
remove the carport within 30 days.
RES 239-06
Bakersfield, California, August 30, 2006 - Page 11
14.
HEARINGS continued
Item 14.b. continued
ACTION TAKEN
Staff comments by Development Services Director
Grady.
Hearing opened at 7:00 p.m.
Leroy Petty spoke in opposition to the staff
recommendation.
Hearing closed at 7:05 p.m.
Assistant City Attorney Scanlan requested Vice-Mayor
Maggard affirm that he had listened to the tape of the
prior meeting or abstain from the vote. Vice-Mayor
Maggard stated he listened to the audio and
additionally watched the video of the prior meeting.
Motion by Councilmember Hanson to adopt the
Resolution.
APPROVED
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested the Community
Services Committee review a citizen suggestion that a
park watch program be established and provided
correspondence.
Councilmember Benham requested staff respond to
correspondence to the Bakersfield Amateur Baseball
Association and provided the correspondence.
Council member Benham expressed condolences to the
families of the two children killed in the explosion on
Tuesday in the Oleander neighborhood; provided
information regarding contributions in honor of the children
and praised the Police Department and the Bakersfield City
School District for handling of the tragedy.
Bakersfield, California, August 30,2006 - Page 12
18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Scrivner expressed appreciation to the
staff for handling of his referrals.
Councilmember Carson extended condolences to the
families of the children killed in Tuesday's explosion and
provided details of a car wash fund raiser for the children's
expenses.
Councilmember Hanson requested staff provide an
explanation regarding the process for taxing real estate
businesses/transactions.
Councilmember Hanson made comments regarding
traffic at Buena Vista and Panama.
Councilmember Sullivan requested staff provide the
Ordinance regulating dirt bike operation and wearing
helmets on City streets.
Councilmember Sullivan requested staff provide the
Ordinance regarding the feeding of the homeless in
parks.
Councilmember Sullivan made comments regarding the
proposed Park Watch Program.
Councilmember Sullivan made comments regarding recent
street repairs.
Councilmember Sullivan made comments regarding
repaving of streets in the Edmonton area.
Councilmember Sullivan requested staff provide a
workshop regarding the Mill Creek Project including a
projected timeline.
Councilmember Couch requested the Joint City/County
Meeting address coordinating development standards
particularly at Allen Rd. and Hageman and Old Farm Rd
and Rosedale.
Councilmember Couch requested staff contact him
regarding YFC.
Councilmember Couch requested staff contact Craig
Smith from PG&E regarding a Smart Meters
Presentation and provide an update on the Kern
Power Plant.
Bakersfield, California, August 30, 2006 - Page 13
18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Couch requested staff draft a letter to
the City of Shafter proposing finalization of
development standards along Seventh Standard Rd.
Councilmember Couch thanked staff for obtaining grant
funds from the Rose Foundation.
Councilmember Couch provided correspondence and
requested staff respond.
Councilmember Couch requested Mayor Hall close the
meeting in honor or Denise Sullivan, former Deputy City
Clerk, who recently lost her battle with cancer.
Vice-Mayor Maggard requested staff analyze the
feasibility of a sewer round-about at Hageman and
Allen Rd. and report back to him.
Vice-Mayor Maggard introduced Peter Saymore, the
new reporter from KUZZ.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:37 p.m. in
memory of former Deputy City Clerk, Denise Sullivan.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Bakersfield, California, August 30,2006 - Page 14