HomeMy WebLinkAbout11/15/06_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
NOVEMBER 15, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvene at approximately 6:30 p.m.
REGULAR MEETING- 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CONSENT CALENDAR
(Ward1,4,5,7) d.
(Ward 3) e.
(Ward 1,7)
Minutes:
a. Approval of minutes of the October 25, 2006, Regular City Council Meeting.
Payments:
b. Approval of department payments from October 13, 2006 to November 2, 2006 in the
amount of $17,776,529.40 and self-insurance payments from October 13, 2006 to November
2, 2006 in the amount of $366,649.93.
Ordinances:
c. First Reading of Ordinance amending Section 16.16.060(a) of the Municipal Code relating to
hearing notice requirements for tentative maps; and Section 17.64.050(b) relating to hearing
notice requirements for general plan amendments, specific plans or zone changes.
First Reading of Ordinance amending Municipal Code Sections 1.12.040, 1.12.010, 1.12.050
and 1.12.070 by adding Annexation No. 473 consisting of 60.71 acres located west of
Calloway Drive, generally north of Snow Road; Annexation No. 478 consisting of 97.35 acres
located on the east side of Calloway Drive, generally north of Snow Road; and Annexation
No. 489 consisting of 1.68 acres located south of Rosedale Highway, west of EI Toro Viejo
Road to Ward 4; Annexation No. 487 consisting of 41.64 acres located east and west of
Madison Street, near Belle Terrace; and Annexation No. 497 consisting of 106.21 acres
located at the northeast corner of Berkshire Road and South Union Avenue to Ward 1;
Annexation No. 468 consisting of 121.90 acres located north and south of McCutchen Road,
east and west of Progress Road; and Annexation No. 502 consisting of 45.69 acres located
at the southeast corner of Panama Land and Buena Vista Road to Ward 5; and Annexation
No. 488 consisting of 16.70 acres located generally south of McKee Road, west of Freeway
99 to Ward 7.
Adoption of Ordinance approving a Negative Declaration and amending Chapter 17.66
of the Municipal Code relating to HD, Hillside Development Combining Zone. (FR 10125106)
Resolutions:
f.
g.
Resolution adopting amended Conflict of Interest Code for City departments.
Sewer Connection Fee Assessments:
1. Resolution confirming assessment for sewer connection fee and authorizing the
collection of assessment by the Kern County Tax Collector.
2. Agreement with Dana Hunt to pay sewer connection fee in installments and notice of
special assessment lien for 6610 Betty Street.
3. Agreement with Castillo Jorge Aguilar to pay sewer connection fee in installments
and notice of special assessment lien for 1809 Wade Avenue.
(Ward 3)
(Ward 6)
(Ward 2)
(Ward 1)
(Ward 1)
(Ward 6)
(Ward 7)
(Ward 5)*
(Ward 4)
(Ward 2)
(Ward 4)
3.
CONSENT CALENDAR continued
h. Resolution approving the submittal of an application to the U. S. Department of the Interior/
Bureau of Land Management for lease and future conveyance of a 40-acre parcel in
Northeast Bakersfield through the Recreation and Public Purposes Act.
i. Sale of Real Property:
1. Resolution declaring real property located at 5221 Barley Harvest Avenue surplus to
the needs of the City.
2. Agreement with Lennar Homes of California, Inc., ($75,000) to purchase property
located at 5221 Barley Harvest Avenue.
j. Resolution approving request to file extension of time with State of California, Department of
Transportation, for Mohawk Street Grade Separation funds.
k. Emergency Asbestos Abatement at City Hall:
1. Amendment No. 1 to Resolution No. 266-06 dispensing with bidding procedures due
to emergency asbestos abatement in the ventilation system at City Hall, increasing
the not to exceed amount from $175,000 to $239,000.
2. Appropriate and transfer $64,000 General Fund Balance to the General Services
Capital Improvement Budget within the Capital Outlay Fund.
3. Amendment No.1 to Agreement No. 06-309 with A.S.I., Inc. ($54,000; total not to
exceed $104,000) to abate the asbestos contamination and clean ducts.
I. Resolution adding territory, Area 4-64 (8th, R NW) to the Consolidated Maintenance District
and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
m. Resolution adding territory, Area 5-30 (Berkshire, S Union NW) to the Consolidated
Maintenance District and confirming the assessments by the Kern County Tax Collector.
n. Resolution of Intention No. 1491 to add territory, Area 3-58 (Panama, Gosford SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
o.
Final Map and Improvement Agreements with Granite Pointe Estates, LLC for Tract 6226
located off Hosking Avenue, east of Wible Road.
License Agreement with Kern Water Bank Authority ($1.00) to operate and maintain a 54
inch pipeline of the James Canal Siphon within the City right of way of Panama Lane.
Agreement with Southern California Gas Company ($127,705) for relocation of existing gas
line facilities at northeast corner of Calloway Drive and Brimhall Road.
Agreement with Muxlow Construction ($50,000; Community Development Block Grant
funds) to provide handicap accessibility improvement services to qualified low-income
residents.
Agreement with Bakersfield Rescue Mission ($60,880; Emergency Shelter Grant funds) to
support the operating costs necessary to continue services at the Bakersfield Rescue
Mission, 830 Beale Avenue.
Agreement with Ft. Dearborn Life Insurance Company for employee life insurance.
Agreement with Foxcreek Properties, LLC ($92,463.35) to reimburse costs for right of way
acquisition and engineering plan preparation for Brimhall Road widening east of Calloway
Drive. .
p.
q.
r.
s.
t.
u.
. - upon annexation
2
(Ward 4)
(Ward 2,3)
(Ward 7)
(Ward 3)
(Ward 5)
(Ward 1,6)
(Ward 3)
(Ward 2,5,7)
3. CONSENT CALENDAR continued
Road Improvements along the southeast corner of Allen Road and Ming Avenue:
1. Agreement with Castle & Cooke California, Inc. (not to exceed $1,000,000) to
reimburse costs for road improvements.
2. Transfer $1,000,000 from Capital Improvement Project (Street Improvement-
Hosking Road widening project) to this project within the Transportation Development
Fund.
w. Agreement with Kern-HHR Partners ($156,780) to reimburse costs for street improvements
on Coffee Road from the Friant Kern Canal to Downing Avenue.
x. Agreement with Canyon Capital, Inc. ($282,550) to reimburse costs for relocation of 15"
sewer main on Hughes Lane.
v.
y. Memorandum of Understanding with United States Postal Service to relocate driveway at
5800 Auburn Drive to facilitate construction of the State Route 178 and Fairfax Interchange
Project.
z. Amendment No.1 to Agreement No. 05-326 with L.N. Curtis & Sons ($80,000; revised not to
exceed $160,000) extending the term for one year for protective jackets and trousers for
structural firefighting.
aa. Amendment No.1 to Agreement No. RP06-170 with ABM Ventures (not to exceed $50,000)
for installation of additional rubberized surfacing at Westwold Park.
bb. Wastewater Treatment Plant Projects:
1. Amendment No.3 to Agreement No. 04-214 with Parsons Water and Infrastructure
($2,533,469.00, total amount $10,549,717) for design services of Wastewater
Treatment Plant No.3 - 2007 Expansion Project and odor control at Wastewater
Treatment Plant NO.2 Project.
2. Appropriate $444,870 Sewer Enterprise Fund Balance (Wastewater Treatment Plant
No.2) to the Public Works Capital Improvement Budget to fund the Plant 2 odor
control portion of the amendment.
cc. North Chester Avenue Bridge over the Kern River Replacement Project:
1. Contract Change Order Nos. 7 and 10 to Agreement No. 06-028 with Granite
Construction Company ($12,495.00 and $14,440 respectively; revised not to exceed
$6,441 ,713.00) for the project.
2. Appropriate $306,566 Federal Bridge Replacement Funds to the Public Works
Capital Improvement Budget within the ISTEA Fund for the project.
dd. Contract Change Order No.2 to Agreement No. 06-111 with A.C. Electric Co. ($20,050;
revised not to exceed $518,253) for the Traffic Signal Interconnect Project - Part 3 on Planz
Road between Wible Road and Hughes Lane, Truxtun Avenue at Oak Street and White Lane
at Saddle Drive.
Bids:
ee. Accept bids from DDL Traffic, Inc. ($69,980.63), McCain, Inc. ($194,088.02) and Western
Communications Supply, Inc. ($296,905.54) for signal equipment.
ff. Accept bid and award annual contract to Valley Printers (not to exceed $60,000) for printing
the Recreation brochure.
gg. Accept bid and award annual contract to Valley Pacific Petroleum (not to exceed $4,000,000)
for fuel.
3
(Ward 6)
3. CONSENT CALENDAR continued
hh.
(Ward 1,3)
(Ward 1,6)
(Ward 1)*
(Ward 1)
(Ward 3)
4.
. . upon annexation
Accept bid and award contract to Kern County Construction, Inc. ($394,482) for one
domestic water well block pump house, CBK-46, located at 8217 Stonecrest Way, in the
vicinity of Mountain Ridge Drive and McCutchen Road.
Accept bid and award contract to Teichert Construction ($3,187,115) to construct 72" sewer
main from Wastewater Treatment Plant NO.2 to Oswell/Red bank.
Miscellaneous:
ii.
jj. Acceptance of 2004-05 Transportation Development Act Funds Financial Statement.
kk. Conversion of vacant Clerk Typist positions to Senior Records Clerk, Accounting Clerk and
Crime Analyst for the Police Department.
II. Appropriate $15,000 additional facility/exclusivity use revenue from Pepsi Bottling
Company to the Recreation and Parks Department Operating Budget (per Agreement No.
02-009) for programs at Dr. Martin Luther King, Jr. and Silver Creek Community Centers.
mm. Appropriate $6,800 State CAL-MMET Grant Revenues to the General Fund Police Operating
Budget to purchase one Pen-Link software license.
nn. Appropriate $502,165 State Grant Revenues (STEP Grant from Office of Traffic Safety) to
the General Fund Police Operating Budget to fund overtime for traffic enforcement strategies
and purchase equipment for the Traffic Division.
Staff recommends adoption of Consent Calendar items a through nn.
CONSENT CALENDAR HEARINGS
a.
General Plan Amendment/Zone Change No. 06-0377; Hendricks Engineering, representing
Knittel Bros., General Partnership, Patsy Stacy and Dorothy A. Lowry (property owners) has
applied for a general plan amendment and zone change on approximately 75.2 acres located
south of E. Panama Lane and east of Cottonwood Road, at the southeast corner of
Cottonwood Road and the Arvin-Edison Canal. (Staff recommends adoption of resolution
and give first reading to ordinance.)
1 . Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from ER (Estate) to LR (Low Density
Residential) on 75.2 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 124-28 from R-S-20A (Residential
Suburban 20-acre minimum lot size) to R-1 (One Family Dwelling) on 75.2 acres.
General Plan Amendment/Zone Change No. 05-1887; Marino/Associates, representing Mel
Heinemann and Jack & Nuha Haddad (property owners) has applied for a general plan
amendment and zone change on 39.29 acres located at the southwest corner of East Planz
Road and Washington Street (future). (Staff recommends continuance to next GPA Cycle.)
General Plan Amendment/Zone Change No. 06-0349; Cornerstone Engineering, Inc.,
representing Jack Hood and Hazel Mary Hobba (property owner) has applied for a general
plan amendment and zone change on 20.03 acres located on the north and south sides of
Panorama Drive (future), approximately ~ mile west of Vineland Road. (Staff recommends
adoption of resolution and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing land use designation from R-MP (Resource-Mineral Petroleum)
to LR (Low Density Residential) on 13.84 acres and HMR (High Medium Density
Residential) on 6.19 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and amending Zone Map No. 104-18 from R-1 (One Family
Dwelling) to R-2 (Limited Multiple Family Dwelling) on 6.19 acres.
b.
c.
4
(Ward 3)
4. CONSENT CALENDAR HEARINGS continued
d.
General Plan Amendment/Zone Change No. 05-0465; San Joaquin Engineering,
representing Kern County Housing Authority, James Pinkerton, John Gonzalez & Beverly
Yates, Jose Alfredo Gonzalez, Jim Pinkerton Broker, Inc. and Charles Hayes (property
owners) has applied for a general plan amendment and zone change on approximately 200
feet south of Columbus Street. (Staff recommends adoption of resolution and give first
reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial) to HR
(High Density Residential) on 1.4 acres and HMR (High Medium Density Residential)
on 1.4 acres and HMR (High Medium Density Residential) on 3.8 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and amending Zoning Map No.1 03-21 from C-2 (Regional
Commercial) to R-3 (Multiple Family Dwelling) on 1.4 acres and R-2 (Limited Multiple
Family Dwelling) on 3.8 acres.
General Plan Amendment/Zone Change No. 05-1271; Mcintosh & Associates representing
S&J Alfalfa, Inc. and Mountain View Bravo, LLC (property owners) has applied for a general
plan amendment and zone change on approximately 26.6 acres located along the north side
of Highway 178, west of future extension of Vineland Road, south of Paladino Drive and east
Morning Drive. (Staff recommends adoption of resolution and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from HR (High Density Residential) to
LR (Low Density Residential) on 7.35 acres, HR to LMR (Low Medium Density
Residential) on 16.12 acres, and LR to LMR on 3.16 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map Nos. 104-18 and 104-19 from R-3 (Multiple
Family Dwelling) to R-1 (One Family Dwelling) on 7.35 acres, R-3 to R-2 (Limited
Multiple Family Dwelling) on 16.12 acres and R-1 to R-2 on 3.16 acres.
Public Hearing to consider appeal by James B. Wiens, Clifford & Brown, representing Mr. &
Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R. Lehr 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. (Staff recommends continuance to the
February 7, 2007 meeting.)
General Plan Amendment/Zone Change No. 05-1933; ADA VCO, representing Bidart Bros.
(property owner) has applied for a general plan amendment and zone change on
approximately 24 acres located on the east and west of sides of Coffee Road, approximately
460 feet north of Etchart Road, and west of the Beardsley Canal. (Staff recommends
adoption of resolution and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from SR (Suburban Residential) to LR
(Low Density Residential) on approximately 12 acres and LMR (Low Medium Density
Residential) on approximately 12 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and amending Zoning Map Nos. 102-04 and 102-05 from A
(Agricultural) to R-1 (One Family Dwelling) on approximately 12 acres and R-2/PUD
(Limited Multiple Family Dwelling/Planned Unit Development) on approximately 12
acres.
(Ward 3)
(Ward 3)*
(Ward 4)*
. . upon annexation
e.
f.
g.
5
(Ward 4)*
4. CONSENT CALENDAR HEARINGS continued
h.
General Plan Amendment/Zone Change No. 06-0435, Plan Review for P.C.D. No. 06-0435
and Modification to P.C.D. No. 05-1227; Porter-Robertson Engineering & Surveying,
representing David Wilson (property owner) has applied for a general plan amendment, zone
change and P.C.D. Plan Review on 2.5 acres located on the north side of Brimhall Road,
approximately 1/8 mile west of Calloway Drive and P.C.D. Modification of 7.5 acres located
at the northwest corner of Calloway Drive and Brimhall Road. (Staff recommends adoption of
resolutions and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from SR (Suburban Residential) to
OC (Office Commercial) on 2.5 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 102-30 from R-S-2.5A (Residential
Suburban 2.5 Acre Minimum Lot Size) to C-O/PCD (Professional and Administrative
Office Zone/Planned Commercial Development) on 2.5 acres.
3. Resolution adopting P.C.D. No. 06-0435 Plan Review to establish a Preliminary
Development Plan and architectural style for a new multiple tenant commercial office
development on 2.5 acre site.
4. Resolution adopting P.C.D. No. 05-1227 Plan Modification to conditionally eliminate
the requirement to construct a block wall along the western boundary of the subject
property to facilitate the construction of an integrated commercial office development
on the subject property and adjoining P.C.D. No. 06-0435 site.
General Plan Amendment/Zone Change No. 06-0456; Maurice Etchechury, representing Old
River Land Company (property owner) has applied for a general plan amendment and zone
change on approximately 41 acres located at the northeast corner of McCutchen Road and
Ashe Road. (Staff recommends adoption of resolutions and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to LI (Light Industrial) on 25.71 acres and LR (Low Density Residential)
on 15.49 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 123-27 from A-20A (Agricultural 20 acre
Minimum Lot Size) to M-1 (Light Manufacturing) on 25.71 acres and R-1 (One Family
Dwelling) on 15.49 acres.
General Plan Amendment/Zone Change No. 06-0463; SmithTech/USA, Inc., representing
Pascoe Family Investments, LLC (property owner) has applied for a general plan
amendment and zone change on 80 acres located on the north side of McCutchen Road
approximately ~ mile west of Ashe Road. (Staff recommends adoption of resolution and give
first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to LI (Light Industrial) on 41 acres and LMR (Low Medium Density
Residential) on 39 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 123-28 from A (Agriculture) to M-1 (Light
Manufacturing) on 41 acres and R-2 (Limited Multiple Family Dwelling) on 39 acres.
(Ward 6)
(Ward 6)
* - upon annexation
i.
j.
6
(Ward 3)
(30 min)
(Ward 1)*
4. CONSENT CALENDAR HEARINGS continued
5.
k. Public Hearing to consider Resolution of Necessity to consider the acquisition by eminent
domain of access rights owned by the Irwin Y. E. and Cecilia C. Chu Trust, located at 5820
Auburn Street, for the State Route 178 and Fairfax Interchange. (Staff recommends adoption
of Resolution of Necessity authorizing acquisition by eminent domain of certain access rights
owned by Irwin Y.E. and Cecilia C. Chu Trust, located at 5820 Auburn Street. The City of
Bakersfield is authorized to acquire access rights by eminent domain pursuant to Section
1240.010 of the Code of Civil Procedure.)
CLOSED SESSION
a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (One issue)
RECESS
RECONVENED MEETING - approximately 6:30 p.m.
6. ROLL CALL
a. Introduction of Student Body Representatives participating in the 52"d consecutive "Teen City
Government Day".
7. INVOCATION by Rabbi Paul Gordon, Bnai Jacob.
8. PLEDGE OF ALLEGIANCE by Becky Baker, 4th Grade Student at Colonel Nichols School.
9. CLOSED SESSION ACTION
10. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to representatives from the Sikh community,
proclaiming November 19, 2006, as "Sikh Parade Day".
b. Presentation by Mayor Hall of Retirement Plaque and gift certificate to George Gonzales,
Community Development Coordinator, Community Development.
11. PUBLIC STATEMENTS
12. HEARINGS
General Plan Amendment/Zone Change No. 05-1428; Pinnacle Engineering, representing
Sikander Singh & Daljeet Kaur Jassar (property owners) has applied for a general plan
amendment and zone change on 100 acres located on the south side of East Panama Lane,
1A mile east of Cottonwood Road. Pinnacle Engineering has appealed the Planning
Commission decision.
1. Resolution approving the Negative Declaration, denying the appeal and adopting the
general plan amendment changing the land use designation from ER (Estate
Residential) to LR (Low Density Residential) on 100 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 and Zone Map No. 124-28 from R-S-20A (Residential-20 acre Minimum) to R-1
(One Family Dwelling) on 10 acres.
Staff recommends adoption of resolution and give first reading to ordinance.
a.
* - upon annexation
7
(Ward 5/6)*
(Ward 6)
(Ward 1,2)
* - upon annexation
11/8/06 11 :05am
12.
HEARINGS continued
13.
b. General Plan Amendment/Zone Change No. 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). Brent Dezember
has appealed the Planning Commission decision.
1. Resolution 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 the Municipal Code and Zone Map No. 123-32 from A (Agriculture) to R-1 (One
Family Dwelling) on approximately 46 acres.
Staff recommends adoption of resolutionand give first reading to ordinance.
c. General Plan Amendment/Zone Change 06-0443; Marino/Associates, representing West
Coast Investments, Inc. (property owner) has applied for a general plan amendment and
zone change on 28.52 acres located on the north side of Pacheco Road and west of Akers
Road (future). West Coast Investments has appealed the Planning Commission decision.
1. Resolution denying the general plan amendment changing the land use designation
from LI (Light Industrial) to HMR (High Medium Density Residential) on 23.66 acres
and SI (Service Industrial) to HMR on 4.86 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and Zone Map
No. 123-14 from M-1 (Light Manufacturing) to R-2 (Limited Multiple Family
Residential) on 10.26 acres and M-2 (General Manufacturing) to R-2 on 18.2 acres.
Staff recommends adoption of resolutions.
REPORTS
a.
Presentation regarding Mill Creek Linear Park Vision Plan.
Report regarding possible purchase of the Borton, Petrini and Conron Building.
b.
14. COUNCIL AND MAYOR STATEMENTS
15. ADJOURNMENT
Respectfully submitted,
~d:;;
City Manager
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AGENDA HIGHLIGHTS
NOVEMBER 15, 2006 COUNCil MEETING
CONSENT CALENDAR
Ordinances
Item 3c. First Readino of an Ordinance Amendino the MuniciDal Code relatino to Hearino Notice
Reauirements for Tentative MaDs. General Plan Amendments. SDecific Plans. and Zone Chanoes. The
proposed text amendments will require an applicant/developer to post a 4' x 8' sign on their property that
proposes a general plan amendment, zone change, specific plan, or tentative tract map. This sign would
state that there is a proposed public hearing on the project and would include the date, time and location
of the hearing, a brief description of the proposal, and developer information. Signs would be posted
along the street frontage of the property at 300-foot intervals with no more than two signs per street
frontage. The applicant would also be required to sign a declaration and submit photographs to staff
showing that the signs were physically in place at least 20 days but no more than 60 days from the
hearing date. If this proof was not submitted, the hearing could be postponed.
This item has been discussed by the Planning Commission and City Council since mld-2003 when the
item was referred to the City Council's Planning and Development Committee. In October 2005, the
matter was considered again by the Planning Commission and they forwarded a recommendation to the
City. Council for additional discussion In March 2006. The Council's Planning and Development
Committee held meetings on May 30, and July 10, 2006, and ultimately directed staff to prepare the
amendment. At the "Commission's hearing, only the BIA spoke in opposition of the ordinance. Staff will
update the Planning Commission on how well the sign posting is doing after a six-month period to
determine if any adjustments to the requirements are necessary.
Resolutions
Item 3k. Amendment No. 1 to Resolution No." 266-06 DisDensino with Biddino Procedures due to
Emeraencv Asbestos Abatement In the Ventilation Svstem at City Hall.increasina the not to exceed
amounUrom $175.000 to $239.000. The original not-to-exceed amount was a preliminary estimate only.
Based upon additional information, this amount needs to be increased by $64,000 to $239,000, $54,000
of which Is needed to amend the agreement with A.S.1. to provide ductcleanlng, and $10,000 for Dresser
Services, the City's on-call consultant, to perform additional air sampling services.
Aareements
Item 3v. Reimbursement Aoreement with Castle & Cooke California. Inc. for Road ImDrovements alono
the Southeast Corner of Allen Road and Mino Avenue in ~n amount not to exceed $1.000.000. Castle &
Cooke constructed a portion of Ming Avenue west of River Run Boulevard (south half) and a major
portion of Allen Road, south of Mlng Avenue. Consequently, Castle & Cooke offered to construct the
north half of Ming Avenue as well, which was the City's obligation under a previous arrangement with
Coleman Homes (Lennar), in conjunction with their work provided they were reimbursed. Due to
economies of scale, the cost to do this work was beneficial to the City and was therefore accepted. In
order to fund this reimbursement, staff proposes to transfer $1 million from the Hosking Road, between
Wible Road and S.R. 99 widening project. Due to its complexity and need to acquire right-of-way, the
budgeted amount could not be entirely spent this fiscal year. Staff proposes to budget the additional
funds needed for the Hosking Road project in the next fiscal year when it Is actually constructed.
~
Agenda Highlights
November 15, 2006 \
Page 2
Item 3y. Memorandum of Understandinc lMOU) with the United States Postal Service recardlnc State
Route 178 and Fairfax Interchance Prolect. One of the Improvements associated with this project will be
on/off ramps directly across from the postal facility on Auburn Street. Cal Trans requires that access
rights be restricted adjacent to and directly across from anyon/off ramps to prevent dangerous traffic
conflicts. This will require the current drive entrance for the postal facility to be closed when the new
on/off ramps are constructed. The City will construct a new entrance and additional on and off-site
improvements for the facility, which will include purchase of approximately 4,100 square feet of property
adjacent to the facility. The MOU outlines the responsibilities of each party.
Item 3bb. Amendment No.3 to Desicn Consultant Contract No. 04-214 with Parsons Water and
Infrastructure for Desicn Services for Wastewater Treatment Plant No. 3 - 2007 EXDansion Project and
for the Odor Control at Wastewater Treatment Plant No. 2 Prolect ($2.533.469: for a total contract
amount of $10.549.717) Amendment No.2, which was approved in July, 2005, provided for major
design changes from the original scope of work. Some of these design changes Included dou~lng the
size of the initial proposed expansion, and more than doubling the size of the cogeneration electrical
generating capacity. Although Amendment No. 2 provided for a good baseline as to the magnitude of
the design work, it was not Intended to be the final amendment because further research and
investigation was required to determine appropriate odor control technologies, reuse options of the
treated effluent, and Regional Water Quality Control Board treatment requirements based on the ultim~te
effluent reuse.
Since Amendment No.2, several noteworthy decisions and events have occurred. These resulted In
additional required design tasks by the design consultant Parsons, which are detailed in the
administrative report. These events have.resulted in a credit of unspent design fees previously allocated
in Amendment No.2 in the amount of $1,120,826 and additional design fees in the amount of
$3,654,295, for a net increase of $2,533,469. Sufficient funds are budgeted to award this Amendment
with the exception of the design of the Odor Control at Wastewater Treatment Plant No.2. Staff
recommends appropriating $444,870 to fund this portion of the Amendment.
!I!I!
Item 3gg. Award Annual Contract to Vallev Pacific Petroleum for Fuel in an amount not to exceed
~.OOO.OOO. Five acceptable bids were. received. Terms and conditions required quotes of a differential
price per gallon for fuel which represented the suppliers' profit and overhead. The contract is renewable
annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms.
Staff recommends award of the annual contract to Valley Pacific Petroleum.
Item 311. Award Contra(:t to Teichert Construction to Construct a 72" Sewer Main from Wastewater
Treatment Plan No.2 to Oswell/Redbank in the amount of $3.187.115. This new sewer trunk line will
help relieve sewer lines that flow from Northeast Bakersfield to Wastewater Treatment Plant # 2. This
project is Phase 1 for this planned improvement. Funding for the project is from Sewer Enterprise
Funds. Seven acceptable bids were received. Staff recommends award of the contract to Teichert
Construction.
Miscellaneous
Item 3nn. ADorooriate $502.165 State Grant Revenues to the General Fund Police Ooeratinc Budcet
for the Selective Traffic Enforcement Prooram (STEP). The STEP Program will use overtime for
enforcement and the Implementation of Innovative strategies to reduce the number of Individuals killed or
injured in traffic collisions. A full list of equipment and. strategies is contained within the administrative
report. The grant period covers two years.
Agenda Highlights
November 15, 2006
Page 3
CONSENT CALENDAR HEARINGS
With the exception of Items 4b., 4f. and 4j., the Planning Commission conducted public
hearings on the remaining Consent Calendar Hearing Items on September 21, 2006. No
Individuals or agencies present at the hearings opposed the requests and the applicants
agreed to all conditions and mitigation for the projects.
Item 48. General Plan Amendment and Zone Chance for Aooroximatelv 75.2 Acres Located South of E.
Panama Lane and East of Cottonwood Road. at the Southeast Comer of where Cottonwood Road meets
the Arvin-Edison Canal. Hendricks Engineering, representing Knittel Bros. Gen. Partnership, Patsy
Stacy and Dorothy A. Lowry, the property owners, propose development of approximately 318 single-
family units upon annexation.
Item 4b. General Plan Amendment and Zone Chance on 39.29 Acres Located at the Southwest Corner
of East Planz Road and Washincton Street (future), Marino/Associates, representing Mel Heinemann
and Jack & Nuha Haddad, the property owners, propose development of 290 detached residential units,
a public park, and a drainage sump. The City Council publiC hearing for this item was initially scheduled
for August 16,2006; however, in accordance with the applicant's request, the Council continued the item.
Staff has been meeting with the applicant to work out a mutually acceptable solution. These meetings
are continuing; therefore, staff recommends continuance of the item to the next GPA cycle.
Item 4c. General Plan Amendment and Zone Chance on 20.03 Acres Located on the North and South
Sides of Panorama Drive (future), Aooroximatelv %-Mile West of Vineland Road. Cornerstone
Engineering, Inc., representing Jack Hood & Hazel Mary Hobba, the property owner, propose
development of approximately 64 single-family and 64 multi-family residential units.
Item 4d. General Plan Amendment and Zone Chance on Aooroximatelv 5.25 Acres Located on the
East Side of Sunnv Lane. Accroximatelv 200 Feet South of Columbus Street. San Joaquin Engineering,
representing Kern County Housing Authority, James Pinkerton, John Gonzalez & Beverly Yates, Jose
Alfredo Gonzalez, Jim Pinkerton Broker Inc., and Charles Hayes, the property owners, propose changing
the land use designation from GC (General Commercial) to HR (High Density Residential) on 1.4 acres
and HMR (High Medium Density Residential) on 3.8 acres. The proposal would establish General Plan
and zoning designations which reflect the existing and approved multiple-family residential land uses.
Item 4e. General Plan Amendment and Zone Chance on Aooroxlmatelv 26.6 Acres Located alonc the
North Side of Hichwav 178. West of the Future Extension of Vineland Road. South of Paladino Drive and
East of Morninc Drive. Mcintosh & Associates representing S&J Alfalfa, Inc. and Mountain View Bravo,
LLC, the property owners, propose development of approximately 200 dwelling units.
Item 4f. Public Hearinc to Consider an Aoceal of the Plannlnc Commission's Decision Accrovinc a Zone
Chance on 20 Acres from A (Acriculture) to R-S (Residential Suburban) Located on the South Side of
Pioneer Drive (extended), Aooroxlmatelv 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. 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.
On September 13, 2006, the City Council held and closed a public hearing on the appeal to this zone
change request. The Council requested staff research and prepare responses to several questions.
These questions and responses were provided to the City Council on October 11, 2006 in a
memorandum from the Development Services Director and City Attorney. A public hearing was
advertised and posted to consider this zone change before the City Council on October 11, 2006.
However, upon mutual agreement between the appellant and the applicant, this item was continued to
Agenda Highlights
November 15. 2006 \
Page 4
November 15, 2006. Marino and Associates, on behalf of the applicant, is requesting this hearing be
continued to February 7, 2007 in order to further discuss this zone change with the appellant.
Item 4g. General Plan Amendment and Zone Chanoe on Aooroximatelv 24 Acres Located on the East
and West Sides of Coffee Road 1 Aooroximatelv 460 Feet North of Etchart Road. and West of the
Beardslev Canal. ADAVCO, representing Bidart Bros., propose development of approximately 180
single-family homes.
Item 4h. General Plan Amendment and Zone. Chance. on 2.5 Acres Located on the North Side of
Brimhall Road. Aooroxlmatelv 1/8-mlle West of Callowav Drive and a P.C.D. Modification on 7.5 Acres
Located at the Northwest Corner of Callowav Drive and Brimhall Road. Porter-Robertson Engineering &
Surveying, representing David Wilson, the property owner, propose, upon annexation, development of
four one-story office buildings totaling approximately 19,540 square feet and 123 parking spaces on the
2.5-acre project site. At the northwest comer of Calloway Drive and Brimhall Road, a 7.5-acre
commercial office development is currently under construction. The proposed P.C.D. modification would
conditionally eliminate the requirement to construct a block wall along the western boundary of the 7.5-
acre project site to facilitate the construction of an integrated development on the two sites. As
proposed, the architectural and landscape design of the two proposals are consistent and the circulation
plans have been designed to function as a single, inte'grated development upon completion.
Item 41. General Plan Amendment and Zone Chance on Aooroximatelv 41 Acres Located at the
Northeast Corner of McCutchen Road and Ashe Road. Maurice Etchechury, representing Old River
Land Company, the property owner, propose development of approximately 45 single-family residential
units and approximately 25 acres of light Industrial uses.
Item 4J. General Plan Amendment and Zone Chance on 80 Acres. Located on the North Side of
McCutchen Road. AODroxlmatelv %-Mile West of Ashe Road. SmlthTech/USA, Inc., representing
Pascoe Family Investments, LLC, the property owner, propose development of 230 multiple-family
residential dwelling units and 446,000 square feet of light industrial uses.
Item 4k. Public Hearinc on a Resolution of Necessitv to Consider the ACQuisition of Access Richts bv
Eminent Domain of 5820 Auburn Street for the State Route 178 and Fairfax Interchance. The City
wishes to acquire this piece of property for the State Route 178 and Fairfax Interchange project. The
property is owned by Irwin V.E. and Cecilia C. Chu Trust. This hearing will provide an opportunity for the
publiC and owners of the affected property to voice their concerns regarding the acquisition. Sales price
negotiations have taken place with the owners through a property management company.
Council w,,1 ,d,ourn to Closed ,esslon. then take a brief fecess
CLOSED SESSION
The performance evaluation of the City Attorney will take place. There will also be a conference with
legal counsel regarding one case of potential litigation.
RECONVENED MEETING
Student Body representatives from the local high schools will be introduced as part of the 52nd
consecutive "Teen Government Day".
-,
Agenda Highlights
November 15. 2006
Page 5
HEARINGS
Item 128. General Plan Amendment and Zone Chanoe on 100 Acres Located on the South Side of East
Panama Lane. 1/4-mile East of Cottonwood Road. Pinnacle Engineering, representing Sikander Singh &
Daljeet Kaur Jassar, the property owners, propose development of 400 single-family dwelling units on
the 10-acre project site.
The Planning Commission conducted a public hearing on this GPA/ZC on September 21, 2006, and
recommended approval to the City Council. Matt Volvilla, representing Pinnacle Engineering, on behalf
of the property owner, was in opposition to the recommended condition of approval from Public Works
full improvements for the south half of Panama Lane from the project Cottonwood Road. His reasons
included that It is an arterial and is approximately 1/4-mile which represents a substantial cost to the
developer; he is not aware of any other project where this type of improvement was conditioned without
some reimbursement such as a traffic impact fee reimbursement; and perhaps the improvement could be
to add one lane on south half, or if full improvement is required that the segment be added to the traffic
impact fee list. Despite the opposition of the applicant, the Planning Commission recommends this
condition of approval. Staff also recommends approval.
Item 12b. General Plan Amendment and Zone Chanoe on Aooroximatelv 46 Acres Located at the
Northwest Corner of Gosford Road and McKee Road (future). Banducci Land, LLC, the property owner,
propose development of approximately 181 single-family homes, upon annexation.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
June 15, 2006, and continued this item to July 6, 2006, at which time they recommended approval to the
City Council.. Brent Dezember, on behalf of StructureCast, appealed the recommendation of the
Planning Commission. StructureCast Is concerned that the proposal as recommended by the
Commission does not include an adequate buffer to protect their current industrial facility.
The public hearing for this item was initially scheduled for August 16, 2006; however, in accordance with
the applicant's request, the Council continued the item to August 30, 2006. On August 30, 2006, the
item was heard and continued to the next GPA cycle. .
Item 12c. General Plan Amendment and Zone Chanoe on 28.52 Acres Located on the North Side of
Pacheco Road and West of Akers Road (future). Marino/Associates, representing West Coast
Investments, Inc. the property owner, propose development of 400 multi-family dwelling units. This is an
infill project which is supported by General Plan policies as a method to reduce sprawl and utilize land
which already has existing roads, water lines, fire stations and sewer lines. The project site is completely
surrounded by urban uses, including single-family residential to the north and south.
The Planning Commission conducted a public hearing on this GPA/ZC on September 21, 2006, and
recommended denial to the City Council based primarily on the proximity of industrial properties located
east and west of the site. West Coast Investments, Inc. has appealed.
Kristine Boyer, representing Crimson Resource Management; Marty Whitten, representing T.D. Whitten
Construction, Inc. and Asphalt & Concrete, LLC; Angela Carmen Morosa; and Christopher Billington
submitted comment letters to the Planning Department. Ms. Boyer addressed the Planning Commission
during the hearing, expressing opposition to the proposal based on the fact that Crimson owns and
operate six oil production wells in the vicinity of the proposed project, and the belief that the land use and
zoning is not compatible with the wells and poses safety issues. Ms. Boyer further requested that their
ingress and egress to the oilfield not be compromised.
Agenda Highlights
November 15. 2006 ..
Page 6
Mr. Whitten also spoke in opposition, basing on his concerns for potential noise, dust, and truck Issues
on the nature of his construction business in the area. Correspondence from Angela Carmen Morosa
stated that it would be in complete contradiction to the Industrial and Business Park concept.
Christopher Billington opposes the project because future traffic and residents from the proposed multi-
family project would generate potential crime and encourage future blight within the area.
The Planning Commission expressed concerns regarding what the currently zoned industrial owners will
do In the future adjacent to the proposed multi-family residential site. The Commission believes they are
depriving present property owners of their M-2 (General Manufacturing) zoning rights by granting this
proposed multi-family residential use. The Commission also commented on the concrete crushing plant
and hazardous materials near the project site that cannot justify multi-family development, and would be
more enthusiastic about supporting the project if the adjacent industrial land use designations were part
of the GPA/ZC.
REPORTS
Item 138. Presentation reoardino Mill Creek Linear Park Vision Plan. The City recently entered into an
agreement with Royston, Hanamoto, Alley & Abney, Inc. (RHAA) for preliminary engineering design and
detailed project cost estimates, and to develop the Master Plan for fully implementing the Mill Creek
project over time as full funding becomes available. RHAA will give a presentation regarding progress
made to date on the conceptual design of the Mill Creek Linear Park Vision Plan.
Item 13b. Reoort reoardlno the Possible Purchase of the Borton. Petrini and Conron Buildino. At the
regular Council meeting of October 25, 2006, staff presented a report on City space needs. The iss,ue of
the possible purchase of the Borton, Petrini and Conron building was referred to the Planning and
Development Committee for consideration. The Committee met on this subject on Tuesday, November
7, 2006 at which time they considered the information, asked questions and then voted to have the full
report provided to the City Council at the November 15, 2006 meeting. Significant information on this
subject is included in the agenda packet.
Approved: 11
Alan Tandy, City Manager .
00: Department Heads
Rhonda Smiley, Public Information OffIcer
City Manager's File
City Clerk's OffIce
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
TO:
FROM:
DATE:
Honorable Mayor and City ~ncil
Pamela McCarthy, City CI~
October 13, 2006
AGENDA SECTION: Consent Calendar
ITEM: .3.0..
APPROVED
DEPARTMENT HEAiL '-. ftr
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the October 25, 2006 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kl
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent Calendar
ITEM: ~.b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
November 2, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of department payments from October 13, 2006 to November. ,200 in the
amount of $17,776,529.40 and self insurance payments from October 13, 2006 to
November 2, 2006 in the amount of $366,649.93.
RECOMMENDATION:
Staff recommends approval of payments totaling $18,143,179.33.
BACKGROUND:
RAR
November 3, 2006, 3:22PM
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ADMINISTRATIVE REPORT
MEETING DATE:
November 15. 2006
AGENDA SECTION: Consent Calendar
ITEM NO: !J. e..
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
October 31,2006
SUBJECT: First Reading of ordinance amending Section 16.16.060(a) of the Bakersfield Mun' al C de
relating to hearing notice requirements for tentative maps; and Section 17.64.050(b relati g to
hearing notice requirements for general plan amendments, specific plans, or zone changes
(citywide, all wards)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The proposed text amendments will require an applicant/developer to post a 4' x 8' sign on their property that
proposes a general plan amendment, zone change, specific plan, or tentative tract map. This sign would state
that there is a proposed public hearing on the project and would include the date, time and location of the
hearing. a brief description of the proposal, and developer information. This information would be composed of
black, block lettering on a white background for easy readability. Signs would be posted along the street
frontage of the property at 300-foot intervals with no more than two signs per street frontage.
The applicant would be responsible for having the signs prepared and posted. They would also be required to
sign a declaration and submit photographs to staff showing that the signs were physically in place at least 20
days but no more than 60 days from the hearing date. If the applicant did not submit the required proof of
posting, the hearing could be postponed.
Posting requirements have been discussed by the Planning Commission and City Council since mid-2003 when
the item was referred to the City Council's Planning and Development Committee. Although no further direction
was given at that time, the matter was given seriQus consideration as a way to further inform neighbors of large
project proposals early in the planning process. In October 2005, the matter was considered again by the
Planning Commission and they forwarded a recommendation to the City Council for additional discussion in
March 2006.
The Council's Planning and Development Committee held meetings on May 30th and July 10th, 2006 and
reviewed existing ordinances from the cities of Fresno, Glendora, Hesperia, Palmdale, San Diego, Santa
Barbara, Sausalito, Simi Valley, Ventura and Visalia. They ultimately directed staff to prepare an ordinance
based on the city of Palmdale's requirements and for the Planning Commission to hold appropriate public
hearings on the ordinance changes.
October 31, 2008, 8:56AM
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ADMINISTRATIVE REPORT
page 2
At the Commission's hearing, only the BIA spoke in opposition of the ordinance stating it was out of character
with the city's sign ordinance and not user friendly. Staff replied that these signs would be in compliance with
current city ordinance as their size is the same as those used for real estate sales, subdivision tracts, future uses
and business identification monuments. Additionally, public notices are exempt from the sign ordinance
meaning there will be no permit (or permit fee). Staff further commented that a developer has control over sign
costs since they can choose whom they want to construct and install it, and they only have to provide staff a
dated photograph and affidavit to prove that the sign was actually posted. The process was set up to be easily
implemented by the applicant. Staff will update the Planning Commission of how well the sign posting is doing
after a six month period to determine if any adjustments to the requirements are necessary.
The proposed ordinance changes reflect the direction given by earlier Planning Commission discussions and the
Council's Planning and Development Committee. The Planning Commission unanimously approved the
ordinance at their meeting of October 5, 2006. The ordinance amendment is recommended for adoption.
October 31, 2006, 8:56AM
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ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent Calendar
ITEM: ~.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
October 9, 2006
CITY A TIORNEY
CITY MANAGER
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code ections ~
1.12.040, ~ 1.12.010, ~ 1.12.050 and ~ 1.12.070 by adding Annexation Nos. 473
consisting of 60.71 acres, located west of Calloway Drive, generally north of Snow Road,
Annexation 478 consisting of 97.35 acres, located on the east side of Calloway Drive,
generally north of Snow Road and Annexation 489 consisting of 1.68 acres, located
south of Rosedale Highway, west of EI Toro Viejo Road to Ward 4, Annexation NO$. 487
consisting of 41.64 acres, located east and west of Madison Street, near Belle Terrace
and Annexation 497 consisting of 106.21 acres, located at the northeast corner of
Berkshire Road and South Union Avenue to Ward 1, Annexation Nos. 468 consisting of
121.90 acres, located north and south of McCutchen Road, east and west of Progress
Road and Annexation 502 consisting of 45.69 acres, located at the southeast corner of
Panama Lane and Buena Vista Road to Ward 5 and Annexation 488 consisting of 16.70
acres, located generally south of McKee Road, west of Freeway 99 to Ward 7. (Wards
4, 1, 5 and 7)
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 473,478,489,487,497,468,502
and 488 into corresponding Council wards. These annexations were approved by LAFCO recently.
Annexation No. 473 is located west of Calloway Drive, generally north of Snow Road. The 60.71 acre
site is undeveloped. The site is designated for residential development. The property owner requested
annexation for development purposed and to receive city services.
Annexation No. 478 is located on the east side of Calloway Drive, generally north of Snow Road. The
97.35 acre site is undeveloped. The property owner will develop up to 395 single-family residential
homes on the site. The property owner requested annexation for development purposes and to receive
city services.
ADMINISTRATIVE REPORT
Page 2
Annexation No. 489 is located south of Rosedale Highway, west of EI Toro Viejo Road. The 1.68 acre
site is developed. The owner requested annexation to receive city services.
Annexation No. 487 is located east and west of Madison Street, near Belle Terrace. The 41.64 acre site is
undeveloped. This annexation is located within an existing county island. The property owner requested
annexation for development purposes and to receive city services.
Annexation No. 497 is located at the northeast corner of Berkshire Road and South Union Avenue. The
106.21 acre site is undeveloped. The property owner requested annexation for development purposes and
to receive city services.
Annexation No. 468 is located north and south of McCutchen Road, east and west of Progress Road. The
121.90 acre site is undeveloped. The property owner will develop approximately 498 single family
residential units on the site. The property owner requested annexation for development purposes and to
receive city services.
Annexation No. 502 is located at the southeast corner of Panama Lane and Buena Vista Road. The 45.69
acre site is undeveloped. The property owner requested annexation for development purposes and to
receive city services.
Annexation No. 488 is located generally south of McKee Road, west of Freeway 99. The 16.70 acre site
is undeveloped. The site is designated for commercial development. The property owner requested
annexation for development purposes and to receive city services.
S:\Annexation\Ordinances\Admin Draft 473,489.478,487.468,488 & 502 WARD. DOC
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: b. e,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
October 24, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
:x;,-
;fJ)n4
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Zoning
Ordinance, Chapter 17.66, HD, Hillside Development Combining Zone, Title Seventeen
of the Bakersfield Municipal Code. (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
On October 11, 2006, City Council considered first reading of an ordinance which would amend the
existing regulations governing hillside development. After the extended public hearing was closed,
Councilmember Maggard made a motion proposing changes to the draft ordinance. The motion made
by Councilmember Maggard significantly reduces the impact of the ordinance on the DKS property,
which is part of the "Canyons" Project.
First reading of the ordinance was continued to the meeting of October 25, 2006. At that meeting, the
council voted 7 - 0 to approve first reading and incorporate the changes proposed in Councilmember
Maggards' motion.
These changes result in a change to exhibit B-1 attached to the ordinance. These changes have been
made. The ordinance attached to this Administrative Report being considered for second reading
reflects these changes.
Staff recommends approval of the Negative Declaration and amending Zoning Ordinance, Chapter
17.66 HD, Hillside Development Combining Zone, Title Seventeen of the Bakersfield Municipal Code.
November 1, 2006. 2:56PM
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ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~.Ot.
\J
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 6, 2006
SUBJECT: Sewer Connection Fee Assessments (Ward 1 & 7):
1. Resolution confirming assessment for sewer connection fee and authorizing the collection of
assessment by the Kern County Tax Collector.
2. Agreement with Dana Hunt, 6610 Betty Street, to pay sewer connection fee in installments and
notice of special assessment lien.
3. Agreement with Castillo Jorge Aguilar, 1809 Wade Avenue, to pay sewer connection fee in
installments and notice of special assessment lien.
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The property owners at 6610 Betty Street and 1809 Wade Avenue desire to connect
their property to the City sewer system. The property owners claim that to pay the sewer connection fee in
one payment would produce an economic hardship. To assist in paying the connection fee the City has
contracted with the property owners to spread the connection fee over a three (3) year period to be
collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This
resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments
over the next three years.
jas
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November 6, 2006, 1 :43PM
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent
ITEM o.h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
October 20, 2006
CITY MANAGER
SUBJECT: Resolution approving the submittal of an application to the United States Department of
the Interior/Bureau of Land Management for lease and future conveyance of a 40-acre
parcel in Northeast Bakersfield through the Recreation and Public Purposes Act. (Ward
3)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This Resolution authorizes the City Manager of the City of Bakersfield or his/her designee to submit an
application to the United States Department of the Interior/Bureau of Land Management for lease and
future conveyance of a 40-acre parcel in Northeast Bakersfield located in the northwest quarter of
Section 6, T29S, R29E MDBM. (See location maps in Exhibits A-1 and A-2.) The Recreation and
Public Purposes Act (RPPA) authorizes the sale or lease of public lands for recreational or public
purposes to State and Local governments. RPPA is administered by the Bureau of Land Management
(BLM). There is no cost for the BLM conveying or leasing the land (outside of the $100 nonrefundable
filing fee) to government entities if the land is used for recreational purposes. Biological studies and
surveying will be required for the property as part of the application process and will be done by City of
Bakersfield. The City will be required to first accept a lease of the land, or lease with option to
purchase, to assure approved development for recreation or public purpose takes place before a sale is
made and a patent (Government deed) is issued. The BLM requires the development to begin within
five years from issuance of the lease, the sale of the land can proceed whenever 75% of the
development has occurred. A typical lease period is for 15 years. There will be oversight by the BLM to
ensure that the Development and Management Plans presented in the application are being followed.
The application is included in Exhibit B.
The Specific Parks and Trails Plan for Northeast Bakersfield approved by City Council on October 22,
2003, a local park is identified adjacent to the 40 acres of BLM land. (See Exhibit A-3 and A-4) The
proposed park site will have seven plus or minus acres of bluff top space for development of public
November 6. 2006. 4:42PM
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ADMINISTRATIVE REPORT
Page 2
facilities, and if the BLM 40 acre parcel could be acquired through the RRPA, the park could be
expanded into the BLM parcel and would serve as a staging area for a series of trails through the BLM
land. The 40 acre parcel has two existing trails incorporated into the Trail's Plan's design, but with the
varying slope terrain in the parcel, more trails could be added. This piece is also valuable because it
would add 40 acres of open space to the west side of the park site which, due to public land ownership,
would be surrounded on three sides by publicly owned open space.
Permanent conveyance of the land occurs through the issuance of a patent. Patents (or deeds) are
issued by the United States government with a restrictive title, since they contain conditions which, if
not followed, could result in the reversion of the title to the United States. Like the Lease condition, the
property must adhere to nondiscriminatory practices for use of the lands. There will be a provision to
prevent the transfer of title or control of the land to another party without the consent of the BLM. The
restrictive title will also have a condition to continue the intended use of the land in perpetuity. All
mineral rights will be reserved to the United States.
The Metropolitan Bakersfield General Plan's Open Space Element lists as a policy (Policy 12) that the
City of Bakersfield will pursue preservation of open space within the Northeast Bakersfield Open Space
Area (NBOSA). The 40-acre BLM parcel is within NBOSA. The project is exempt from CECA per
Section 15325, which allows an exemption for acquisition, sale or other transfer to preserve open space
or lands for park purposes. The Notice of Exemption is included as Exhibit C.
November 6, 2006, 4:42PM
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ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent Calendar
ITEM: ~. i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 2, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Sale of Real Property
1. Resolution declaring real property located at 5221 Barley Harvest Avenue surplus to
needs of the City.
2. Agreement with Lennar Homes of California, Inc., a California corporation to
purchase property located 5221 Barley Harvest Avenue for $75,000. (Ward 6)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
In December of 2005, the City of Bakersfield acquired a single family lot from Lennar Homes of California,
Inc. to site a domestic water well. In the summer of 2006, the City drilled a water well on this property and
discovered that the aquifer was contaminated with arsenic. It was determined that it was not economically
feasible to complete the water well and it was abandoned. Lennar Homes has requested that it be
allowed to repurchase the property to construct a single family home on it. The sales price of $75,000
represents the original sales price with Lennar agreeing to absorb the costs they incurred to run three
phase electrical service for the water well.
DMAls
11/212006
P:\MyFiles\Admin Reports\Lennar sale.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 7, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A resolution approving request to file extension of time with the State
Department of Transportation, for the Mohawk Street Grade Separation funds.
RECOMMENDATION:
Staff recommends approval of resolution.
BACKGROUND: The State of California, Department of Transportation, has notified the City of
Bakersfield that we may lose unspent state budget authority on June 30, 2007, for the Mohawk Street
Grade Separation Project. By November 30, 2006, the State must receive the City's request for an
extension of time to expend the funds or the funds will lapse. The application to request a time extension
must also include the City Council's approval.
As background information, Agreement No. 03-212 was approved by the Council on July 30, 2003. It
provided a maximum of $5,000,000 for the Mohawk Street Grade Separation Project as the Burlington
Northern and Santa Fe Railroad. The project has been delayed because it is part of a larger project within
the State Transportation Improvement Program (STIP) known as the Westside Parkway Project. The
Westside Parkway Project has been delayed due to the approval of the environmental document for the
project by the Federal Highway Administration, and this delay has required this extension of time request
for the Mohawk Street Grade Separation Project.
November 7, 2006, 9:20AM
G:\GROUPDA T\ADMINRPT\2006\11-15\Mohawk Extension Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~ K.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
October 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Emergency Asbestos Abatement at City Hall (Ward 2):
1. Amendment No. 1 to Resolution No. 266-06 Dispensing with Bidding Procedures due
to Emergency Asbestos Abatement in the Ventilation System at City Hall, increasing
the not to exceed amount from $175,000 to $239,000.
2. Appropriate and transfer $64,000 General Fund Balance to the General Services
Capital Improvement Budget within the Capital Outlay Fund.
3. Amendment NO.1 to Agreement No. 06-309 with A.S.I., Inc. ($54,000; total amount
not to exceed $104,000) to abate the asbestos contamination and clean ducts.
RECOMMENDATION: Staff recommends adoption of resolution (five affirmative votes required), and
approval of amended appropriation, transfer, and agreement.
BACKGROUND: On Saturday, September 30, 2006, General Services staff completed an
investigation and sampling of material suspected to be asbestos containing material (ACM) in
equipment that is part of the heating ventilation and air conditioning (HVAC) system within ventilation
ducts in various locations at City Hall. On Tuesday, October 3,2006, staff received test results
confirming that the sample material contained asbestos containing material (ACM).
The Public Works Director declared the situation to be an emergency and the work to be performed
was of urgent necessity to protect employees and the public.
The original Resolution had a not to exceed amount of $175,000. This was a preliminary estimate only.
Based upon additional information, the not to exceed amount needs to be increased to $239,000. The
additional $64,000 is needed to amend the agreement with A.S.1. to provide duct cleaning. This is
estimated to cost $54,000. In addition, Dresser Services, the City's on-call consultant, will perform
additional air sampling services. This is estimated to cost $10,000.
G:\GROUPDA TlADMINRPT\2006\ 11-15\Amended Emergency Abestos ADM.doc
11/1/20068:48:20 AM
ADMINISTRATIVE REPORT
MEETING DATE: November 15. 2006
AGENDA SECTION: Consent Calendar
ITEM: ~. l.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 26, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APfROVED
/IJlt ~
SUBJECT: Resolution adding territory, Area 4-64 (8th, "R" NW) to the Consolidat d intenance
District and confirming the assessments, approving the Public Works Dir tor's Report and
authorizing collection of assessments by the Kern County Tax Collector. (Ward 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On October 25, 2006 the Council adopted Resolution of Intention No. 1490 to add
territory, Area 4-64 (8th, "R" NW), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a park and street landscaping for Parcel Map Waiver No. 04-1657. Area 4-64 is generally
bounded by a line approximately 140 feet north of 8th Street on the north, "R" Street on the east, 8th Street
on the south and a line approximately 160 feet west of "R" Street on the west. This area will be under the
park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and
street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD4-64_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~.m.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
October 26, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution adding territory, Area 5-30 (Berkshire, S. Union NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On October 25, 2006 the Council adopted Resolution of Intention No. 1489 to add
territory, Area 5-30 (Berkshire, S. Union NW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tentative Tract No. 6371. Area 5-30 is generally
bounded by the Arvin-Edison Canal on the north, South Union Avenue on the east, Berkshire Road on the
south and a line approximately 560 feet west of South Union Avenue on the west. This area will be under
the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and
street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD5-30_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~.n.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
October 23, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
--
SUBJECT: Resolution of Intention No. 1491 to add territory, Area 3-58 (Panama, ford 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 Parcel
Map Waiver No. 06-1654 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 3-58 is generally bounded by Panama Lane
on the north, a line approximately 1,350 feet west of Ashe Road on the east, Berkshire Road on the south
and Gosford Road on the west. This area will be under the park and streetscape zones of benefit and will
be assigned 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 the covenant is attached for reference.
mr
October 23,2006, 10:33AM
MD3-58Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: 3. o.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Tract 6226
October 26, 2006
SUBJECT: Final Map and Improvement Agreements with Granite Pointe Estates, L
located off Hoskings Avenue east of Wible Road. (Ward 7)
RECOMMENDATION: Staff Recommends approval of the map 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
October 26, 2006, 8:30AM
G:\GROUPDAT\ADMINRPT\2006\11-15\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: .3. p.
I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
"\7
f /
DEPARTMENT HEAD .i.J cc',
CITY ATTORNEy1)D
CITY MANAGER
October 17, 2006
SUBJECT: License Agreement with Kern Water Bank Authority (Total Licensin
operate and maintain a 54 inch pjpeline of the Jal1)es )canal Siphon withi
of-way of Panama Lane. (Ward 5 upon annexatlon
RECOMMENDATION:
Staff Recommends approval of License Agreement.
BACKGROUND:
The License Agreement will allow Kern Water Bank Authority to reroute the James Canal Siphon through
Panama Lane for the development of the McAllister Ranch subdivision.
rs
October 17, 2006, 11: 14AM
G:\GROUPDA T\ADMINRPT\2006\ 11-15\License Agreement.doc
ADMINISlRA liVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: 3.a.
U
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
October 19, 2006
CITY MANAGER
SUBJECT: Agreement with Southem California Gas Company ($127,705.00) for rei tion of existing
gas line facilities at northeast corner of Calloway Drive and Brimhall Road '(Ward 4)
RECOMMENDATION:
Company.
Staff recommends approval of agreement with Southern California Gas
BACKGROUND: Staff is working on construction activities to widen the north side of Brimhall Road east
of Calloway Road. The proposed improvements are outside of the existing public street right-of-way and
conflict with existing gas line facilities, which are located in an easement. Since those conflicting facilities
are not within the existing public street right-of-way, the franchise agreement between the City and
Southern California Gas Company does not apply to this relocation. Therefore, the City must bear the
expense of relocating those facilities. This agreement will provide for that relocation, which will be
designed and constructed by Southern California Gas Company. After the gas facilities are relocated, the
project site will be cleared so that City crews can construct the street improvements.
Sufficient funds are available in the current budget. Staff recommends approval of agreement.
PW Design Engr I ADR
October 20. 2006, 1 0:56AM
G:\GROUPDAnADMINRPT\2006\11-15\CallowayBrimhaIlSoCaIGas.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
Consent Calendar
TO: Honorable Mayor and City Council
CITY MANAGER I
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
October 25, 2006
SUBJECT: Agreement with Muxlow Construction for $50,000 of Community Developme
funds to provide handicap accessibility improvement services to qualifie
residents in privately owned structures. (All Wards)
RECOMMENDATION:
,Staff recommends approval.
BACKGROUND:
The City of Bakersfield's consolidated Plan 2010 has identified accessibility improvements as a high
priority with 78% of the disabled population falling under the 80% of the City's median income level. Each
year the City's Community Development Block Grant Program reserves funding for the Home Accessibility
(HA) Grant Program. The Program provides grants of up to $2,500 per household for constructing
accessibility improvements/modifications. Up to $1,000 of additional funds under the agreement are used
to address the costs of complying with Federal and State lead-based paint regulations for low income
physically challenged residents who live in privately owned residential structures.
Approximately 32 residenti,al dwelling units are retrofitted each year under the HA Grant Program. Types
of improvements include exterior ramps, handrails, grab bars, handicap toilets, and door widening. The
previous contract for this much needed community service for the aging low income population expires on
September 30, 2006 for which the funding was depleted.
A Request for Proposal (RFP) for HA annual contract services was issued to about a twenty contractors in
August 2006 which produced one bid. In review of the bid, Muxlow Construction was deemed the most
qualified and only responsible bidder. Muxlow Construction holds a Lead-Based Paint Supervisor
Certification which is a regulatory requirement for work on homes which were built prior to January 1,
1979.
This Agreement will allow the City's residents to continue receiving the much needed handicap
accessibility improvements through an annual services contract with an experienced and licensed
contractor. By taking this action, staff can offer assistance to the HA applicants currently on the waiting
list.
S:\Admins\Clty Council\Clty Council Admins 2006\Muxlow HA 06-07.doc
10/25/2006 8:27 AM
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: .? 5.
TO:
FROM:
Honorable Mayor and City Council
PROVED
DEPARTMENT HEA l!/tJ1 /Jil.
t'
CITY ATTORNEY Vi
CITY MANAGER
Donna L. Kunz, Economic Development Director
DATE:
October 18, 2006
SUBJECT: Agreement with Bakersfield Rescue Mission for $60,880 of Emergency Shelter Grant ( SG)
funds to support the operating costs necessary to continue services at the Bakersfield
Rescue Mission, 830 Beale Avenue. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the eleventh year the City of Bakersfield has received ESG entitlement funds. The purpose of the
ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the
costs of operating the shelters, and provide essential social services, as well as, funding preventive
programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion
of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance,
operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the
development and implementation of homeless prevention activities.
It has been the Council's practice not to approve operating funds to non-profit agencies requesting
assistance. However, with respect to ESG funds the Council has made an exception and allowed the use
of these funds for operational purposes. Thus, this agreement does include operational funds to provide
essential services for homeless prevention activities. With respect to all other federal entitlements staff
will continue to implement Council policy of precluding the use of such funds for operations.
As a part of the Fiscal Year 2006/07 budget process, the Council approved, in principle, the funding for
Bakersfield Rescue Mission of up to $60,880 for eligible ESG activities. The agreement, now before
Council, outlines the requirements and responsibilities of the grant. Activities funded by the grant are
outlined in the table and narratives below:
Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy
products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial
and maintenance services necessary to the on-going operation of the Rescue Mission. No more
than $60,880 of the grant will be used to provide these operational activities.
All activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
S:\Admins\City Council\City Council Admins 2006\Rescue Mission ESG 2006-07.doc
10/18/20068:23 AM
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent
ITEM: 3.+.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Javier Lozano, Human Resources Manager ~~... DEPARTMENT HEAD
November 3, 2006
CITY ATTORNEY
CITY MANAGER
/
SUBJECT: AGREEMENT WITH FT. DEARBORN LIFE INSURANCE COMPANY FOR CITY
EMPLOYEE LIFE INSURANCE
RECCOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Ft. Dearborn Life Insurance Company since 1999 has provided employee life insurance
pursuant to City Labor Agreements. For calendar years 2007 through 2009 the Buck
Consultants have negotiated a lower premium rate for these services with Ft. Dearborn Life
Insurance Company.
The new monthly rate per $1000 will be, Basic Life $0.21, Basic AD&D $0.04. This is a
guaranteed rate for December 25, 2006 through December 31, 2009.
It is staff's recommendation that the Ft. Dearborn Life Insurance Company continue providing
the life insurance coverage service for City employees by reentering into this Three (3) year
agreement which will be in effect from December 25, 2006 through December 31, 2009.
November 1. 2006, 3: 18PM
J. Lozano
S:IADMINRPn2007 Life Insurance Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~. v...
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
October 26, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Reimbursement Agreement with Foxcreek Properties, LLC, ($92,463.35) for, 'ght of way
acquisition and engineering plan preparation for Brimhall Road widening east of Calloway
Drive (Ward 4).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Foxcreek Properties LLC is currently constructing a commercial center at the northeast
corner of Brimhall Road and Calloway Drive. The City is desirous to widen Brimhall Road to provide an
additional westbound lane along the new commercial center frontage to relieve existing traffic congestion
in the area.
This agreement reimburses the Developer for the additional land necessary for the street widening over
and above what was required for his development. In addition, the Developer paid for the roadway
engineering in order to facilitate his development plan which is a reimbursable item.
Staff recommends approval of this reimbursement agreement.
Sufficient funds are budgeted to cover this reimbursement agreement.
Is
October 26, 2006, 5:08PM
G:\GROUPDA T\ADMINRPT\2006\ 11-15\Brimhall at Fox Creek Reimbursement Adm.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: 0.1/.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
October 26, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Road Improvements along the southeast corner of Allen Road and Ming
1. Reimbursement Agreement with Castle & Cooke California, Inc. (not to exceed
$1,000,000.00) for road improvements.
2. Transfer $1,000,000.00 from a Capital Improvement Project (Street Improvement _
Hosking Road widening project) to this project within the Transportation Development
Fund.
RECOMMENDATION: Staff recommends approval of agreement and transfer.
BACKGROUND
In late 2002 and early 2003, the City constructed the Olive Drive at Calloway Drive Bridge over the Friant
Kern Canal. This was an extensive project involving the relocation of the Friant Kern Canal (a Federally
owned facility). This project consisted of the construction of a very large box culvert over the canal, a
second box culvert over the nearby Calloway Canal and the construction of extensive road improvements.
This project allowed Olive Drive to be extended westerly and now connects several new neighborhoods
including the newly constructed Frontier High School.
During this same time, Coleman Homes (now Lennar Homes) was developing their Westlake Project
located west of Calloway Drive on both sides of Olive Drive. In an effort to expedite construction of the
City's roadway portion, and since the developer was doing similar work in the area, Coleman Homes
offered to construct curb, gutter, median curbs and paving for the City provided they be reimbursed for this
work.
Also, during this same time frame, Coleman Homes was developing Tract 6032 located on the north side
of Ming Avenue, west of River Run Boulevard. As part of the standard development process, Tract 6032
was obligated to construct the north half of Ming Avenue including all of the landscape improvements. At
that time, Ming Avenue west of River Run Boulevard did not connect to any existing street system.
Therefore, construction of this portion of Ming Avenue would have lead to a significant portion of dead end
road which could invite vandalism and other illegal activities. In these types of circumstances, the City will
waive construction requirements and accept payment for the road improvements which are then to be built
as a City project at some future date when the road will serve its connection purpose.
{W_JRL
October 26. 2006, 5:03PM
G:\GROUPDATlADMINRPTI2006\10-11\C&C Reimbursement_Allen Road.doc
ADMINISTRATIVE REPORT
Page 2
In the above described arrangement, the City would have reimbursed Coleman for the Olive Drive work
and the City would receive payment from Coleman for the Ming Avenue work. Rather than exchanging
payments, it seemed appropriate to merely have Coleman perform the City obligated work at Olive Drive
and subsequently assume Coleman's obligation for Ming Avenue. Cost estimates were performed and an
equivalent work scope was established. As a result, the work on Olive Drive and Calloway Drive was
completely done by Coleman Homes and the City was obligated to construct the north side of Ming
Avenue at a later date.
Subsequent to the above arrangement being established, Castle & Cooke began construction of their
portion of Ming Avenue west of River Run Boulevard (south half). In addition, Castle & Cooke also
constructed a major portion of Allen Road, south of Ming Avenue. Consequently, Castle & Cooke offered
to construct the north half of Ming Avenue as well, which was the City's obligation, in conjunction with their
work provided they got reimbursed. Due to economies of scale, the cost to do this work was beneficial to
the City and was therefore accepted..
In order to now fund this reimbursement, staff proposes to transfer $1 million from the Hosking Road,
between Wible Road and S.R. 99 widening project (Project #T7K140). This project currently has a budget
of $1.5 million. Due to its complexity and need to acquire right of way, the budgeted amount could not be
entirely spent this fiscal year. Staff proposes to budget the additional funds needed for the Hosking Road
project in the fiscal year when it is actually constructed.
The subject agreement allows Castle & Cooke to be reimbursed for the City's obligation of the Ming
Avenue road work. Staff recommends approval of the reimbursement agreement and budget transfer.
{W_JRl
November 8. 2006, 9:55AM
G:\GROUPDAT\ADMINRPn2006\1 0-11\C&C RelmbursemenCAllen Road.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent Calendar
ITEM: 3."".
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
lie
November 1, 2006
SUBJECT: Reimbursement Agreement with Kern-HHR Partners ($156,780) for street i provements on
Coffee Road from the Friant Kern Canal to Downing Avenue (Wards 2 and 3).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Kern-HHR Partners (Contractor) was responsible for providing street improvements on
the west side of Coffee Road, including new pavement and concrete curb, gutter, sidewalk in accordance
with conditions of approval for Parcel Map 10898.
The Contractor also constructed approximately 650 feet of roadway (originally a two lane road) along the
east side of Coffee Road from the Friant Kern Canal to Downing Avenue to full width at the same time the
improvements on the west side of Coffee Road were completed. This small area was the City's
responsibility. The current CIP budget included funds to. construct the 650 feet to full width. The City
requested that the Contractor construct this section to full width at the same time they completed the
roadway improvements for Parcel Map 10898 to minimize disruption to the traveling public and to realize
economies of scale. In addition, the City requested the Contractor to reconstruct the number two lane
north bound from the Friant Kern Canal to Downing Avenue along with the proposed improvements of
Parcel Map 10898 since it was deteriorated beyond repair.
The Contractor agreed to provide the additional improvements. This agreement provides for
reimbursement of the construction costs for said improvements.
Sufficient funds are budgeted to fund this Agreement.
nCpw_design
November 1,2006, 4:13PM
G:\GROUPDA T\ADMINRPT\2006\11-15\ReimburementKern-HHR Partners. doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: 3.)(.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 1, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
..//'
// )' \'-
SUBJECT: Reimbursement Agreement with Canyon Capital Inc. ($282,550) for rei
Sewer Main on Hughes Lane (Ward 7).
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Canyon Capital Inc. (Contractor) was responsible for providing street improvements on
Hughes Lane, south of Hosking Avenue, including new pavement and concrete curb, gutter, sidewalk in
accordance with conditions of approval for Tract Map 6353. In addition, conditions of approval required
the Contractor to realign a segment of Hughes Lane south of Hosking Avenue to the west. The
realignment was required to meet California Department of Transportation (Caltrans) design standards for
intersection separation distance for the future interchange at State Route 99 and Hosking Avenue. The
City requested Capital Canyon Inc. to relocate an existing 15" sewer main to the new Hughes Lane
alignment at the same time the roadway improvements were completed for Tract Map 6353. Although
relocation of the sewer main was to be the City's obligation, the City requested that the Contractor perform
this work to minimize disruption to the traveling public and to realize economies of scale.
Capital Canyon Inc. agreed to provide the additional improvements. This agreement provides for
reimbursement of the design and construction costs for said improvements.
Sufficient funds are budgeted to fund this Agreement.
nCpw_design
November 1, 2006, 4:40PM
G:\GROUPDA T\ADMINRPT\2006\11-15\ReimburementCanyon Capital.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
Consent Calendar
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD #$
CITY ATTORNEY ./t J ~
.,/
FROM:
DATE:
Nelson K. Smith, Finance Director
November 3,2006
CITY MANAGER
SUBJECT: Memorandum of Understanding with the United States Postal Service to relo
at 5800 Auburn Drive to facilitate construction of the State Route 178
Interchange Project. (Ward 3)
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is working with Caltrans to reconstruct the interchange at State Route 178 and
Fairfax Road. This will require a number of improvements to the intersection of Fairfax Road and Auburn
Street to handle the future traffic flows of the improved freeway. One of the improvements will be on/off
ramps directly across from the postal facility on Auburn Street. Caltrans requires that access rights be
restricted adjacent to and directly across from anyon/off ramps to prevent dangerous traffic conflicts. This
will require the current drive entrance for the Postal Facility on Auburn Street to be closed when the on/off
ramps are constructed.
The City has negotiated with the United States Postal Service (USPS) to provide a new entrance for their
facility on Auburn Oaks Drive. The City will be purchasing approximately 4,100 square feet of property
adjacent to the Postal Facility to provide the new entrance. The City will also be responsible for
constructing the new entrance and additional on and off-site improvements in accordance with USPS
facility guidelines. The Memorandum of Understanding between the City and the USPS outlines the
responsibilities of each party as to the required improvements.
C:\DOCUME-1\danderso\LOCALS-1\Temp\XPgrpwise\Council Admin report - Post Office MOU agmt.doc revised.doc
11/3/20063:47 PM
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: 2>. -;z..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
October 26, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment NO.1 to Agreement No. 05-326 with L.N. Curtis & Sons ($8 ,000.00, revised
not to exceed $160,000.00 and extending term for one (1) year) for the annual contract for
protective jackets and trousers for structural firefighting. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On September 7, 2005, Council awarded the annual contract for providing protective
jackets and trousers for structural firefighting to L.N. Curtis & Sons. The Agreement allows for a one (1)
year extension if all parties agree. 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 05-326, LN Curtis and Sons, AC Protective Jackets and Trousers, November 15,
2006.doc
November 2,2006, 6:12PM
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent Calendar
ITEM: 3.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
October 26, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. RP06-170 with ABM Ventures for installation of
additional rubberized surfacing at Westwold Park in an amount not to exceed $50,000.00
(Ward 5).
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: Invitations to Bid were issued for installation of rubberized surfacing for the Westwold
Park playground. The sole bid of $39,646.67 submitted by ABM Ventures, Bakersfield was less than the
Council action limit of $40,000.00 and a departmental agreement RP06-170 was issued on September 22,
2006. Staff has determined that the rubberized surfacing area for the newly installed playground
apparatus must be increased to meet long term operational requirements and to expand use zones for
ADA access. As such, the agreement must be amended to a total not to exceed amount of $50,000.00.
r
Purchasing Division
DW
S:\PURCH\ADMIN\Amendments\ABM Ventures, Rubberized Surfacing, RP06-170, #1, November 15, 2006.doc
November 2,2006, 6:10PM
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~ .bb.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
October 10, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Wastewater Trea~"t Plant Projects:
1. Amendment NO.3 to Design Consultant Contract No. 04-214 with Parsons Water
and Infrastructure ($2,533,469; for a total contract amount of $10,549,717) for design
services for Wastewater Treatment Plant No. 3 - 2007 Expansion Project rNard 6)
and for the Odor Control at Wastewater Treatment Plant NO.2 Project rNard 1).
2. Appropriate $444,870 Sewer Enterprise Fund Balance rNastewater Treatment Plant
No.2) to the Public Works Capital Improvement Budget to fund the Plant 2 Odor
Control portion of the amendment.
RECOMMENDATION: Staff recommends approval of Amendment and appropriation.
BACKGROUND: Detail design for the expansion of Wastewater Treatment Plant 3 has been
progressing on schedule and within budget since the last amendment to the design consultant
Agreement No. 04-214 which occurred on July 6,2005. Amendment NO.2 provided for major design
changes from the original scope of work. Some of these design changes included doubling the size of
the initial proposed expansion, and more than doubling the size of the cogeneration electrical
generating capacity. These design changes were required to accommodate the rapid development and
sewer flow increases that are occurring in the Plant 3 sewer service area. Although Amendment NO.2
provided for a good baseline as to the magnitude of the design work, it was not intended to be the final
amendment because further research and investigation was required to determine appropriate odor
control technologies, reuse options of the treated effluent, and Regional Water Quality Control Board
treatment requirements based on the ultimate effluent reuse.
Since Amendment No.2, several noteworthy decisions and events have occurred. These resulted in
additional required design tasks by the design consultant Parsons;
· Ultimate reuse of the treated water was determined which consists of a combination of on-site
percolation, irrigation for farming, and irrigation for on-site landscaping and future Sports Village
landscaping. This will result in design of treatment processes consisting of a combination of
nitrogen removal and Title 22 disinfected tertiary treatment processes as mandated by the
Regional Water Quality Control Board, and
· Additional odor control was recommended by the design consultant and a nationally recognized
expert in odor control technology due to eventual surrounding neighbors and the Bakersfield
Sports Village close to Wastewater Treatment Plant No.3, and
· Similarly odor control for Wastewater Plant No.2 was recommended due to development that is
G:\GROUPDATlADMINRPT\2008\11-15\Amendment3 to Parsons Admin Report.doc
ADMINISTRATIVE REPORT
occurring around the plant (design fees and fees for support during construction are included as
part of this amendment), and
· City Council adoption of Resolution 076-06 which dispensed with formal bidding procedures for
emergency design and construction of a permanent sewer lift station and abandonment of the
existing temporary sewer lift station at McCutchen and Gosford Roads (design fees and fees for
support during construction are included as part of this amendment), and
· Required design improvements to four (4) arterial roads around Wastewater Plant 3
(McCutchen Road, Ashe Road, Taft Highway, and Gosford Road, and
· Additional lush landscaping will now completely surround the wastewater treatment plant.
These events have resulted in a credit of unspent design fees previously allocated in Amendment NO.2
in the amount of $1,120,826 and additional design fees in the amount of $3,654,295 for a net increase
of fees of $2,533,469.
Sufficient funds are budgeted to award this Amendment with the exception of the design of the Odor
Control at Wastewater Treatment Plant No.2. Staff recommends appropriating $444,870 to fund this
portion of the Amendment.
G:\GROUPDAT\ADMINRPT\2006\11-15\Amendment3 to Parsons Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~. u..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 2, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
;JL-
SUBJECT: North Chester Avenue Bridge over the Kern River Replacement Project (
1. Contract Change Order Nos. 7 and 10 to Agreement 06-028 with Granite Construction
Company ($12,495 and $14,440 respectively for a revised not to exceed amount of
$6,451,753) for this Project
2. Appropriate $314,598 Federal Bridge Replacement Funds to the Public Works Capital
Improvement Budget within the ISTEA Fund for this Project.
RECOMMENDATION: Staff recommends approval of Contract Change Orders and appropriation.
BACKGROUND: These change orders provide for additional Roadway Excavation to remove man-made
buried objects from the region south of Abutment No. 1 where Stone Columns are to be installed and for
modifying the deck drainage system and providing for additional Structure Excavation (Type A) at the Pier
#3 footing.
During the over-excavation operation on the south approach, large man-made buried objects were
encountered. Potholing the area where Stone Columns are to be installed revealed this large concrete
rubble field may create installation difficulties for the Stone Column sub-contractor. Therefore, to avoid
potential costly right-of-way delays on the project, the rubble field needs to be removed. This area of
rubble is not indicated on the plans or within the Special Provisions.
The Contract plans provide for two (2) Type D-1 deck drains to connect to collector pipes travel through
the Abutment #1 end diaphragm, behind the abutment and then turn 90 deg. to exit the abutment face into
the Rock Stabilized Slope (RSP). Because of the standard design of the Type D-1 drain outlet and the
long conduit length for the planned system, roadway debris and silts will quickly clog the drain and make
them ineffective. Due to the high potential for the deck drainage system to silt-up and create a continuous
maintenance issue, it was modified to mitigate this problem. The Type D-1 outlet will be modified to drain
vertically from the drainage pan providing a more efficient flow of water. This change allows for swifter
more direct flows, which will lower the potential for silting-up. The soffit outlet has been placed above the
RSP and away from the bike path to avoid inconveniencing bike riders and pedestrians.
Also, upon restoring the site to the pre-suspension conditions, it was discovered the construction working
grade previously calculated was lower than actually required; as a result, the quantity for Item 40F -
Structure Excavation (Type A) was under estimated. Therefore, a quantity increase for Item 40F is
G:\GROUPDAT\ADMINRPT\2006\11-15\CCO 7 and 10 Agr 06-028.doc
SP
ADMINISTRATIVE REPORT
necessary to account for the difference between that previously estimated on CCO #6 and that necessary
to complete the work as originally planned.
These Change Orders will increase the contract amount as follows:
.
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$6,058,506.00
$6,451,753.00
$ 393,247.00
=
=
In addition, staff did not appropriate federal funds in the prior six contract change orders. Change Orders
to date total $393,247. Federal funds will cover 80% of this amount. Therefore, staff recommends the
appropriation of the federal share of project cost.
Contract Change Orders 8 and 9 are deduct;ve and as such do not requ;re Counc;l
approval.
G:\GROUPDAT\ADMINRPT\2006\11-15\CCO 7 and 10 Agr 06-028.doc
SP
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: 3. dd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
AP.PROVED
7'
I .
./ \. ---'-
November 1, 2006
SUBJECT: Contract Change Order No. 2 to Agreement 06-111 with A.C. Electric o. ($20,050 for a
revised not to exceed amount of $518,253) for the Traffic Signal Interconnect Part 3 on
Planz Road between Wible Road and Hughes Lane, Truxtun Avenue at Oak Street, and
White Lane at Saddle Drive Project (Wards 2, 5, and 7).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Construction on this project began in July, 2006. During construction, it was discovered
that there was a gap in the interconnect system running along Planz Road between Wible Road and
Hughes Lane. The most cost effective means to bridge this gap is to install an Encom Radio
Transmission System. The installation of this radio system will allow all of the traffic signals located along
Planz Road to be connected to the City's existing traffic signal interconnect system. The contractor has
agreed to provide the equipment and do this work for the lump sum price of $10,750.
During construction, it was discovered that all of the City's existing interconnect conduits that cross
Truxtun Avenue at Oak Street were full of wire and fiber optic cable. A new interconnect conduit and wire
must cross this intersection and connect into the existing traffic signal controller cabinet for future
expansion of the City's interconnect system. The contractor has agreed to install this additional conduit
crossing for the lump sum price of $5,875.
During construction, it was discovered that there is a 150 foot gap in the existing interconnect conduit at
White Lane and Saddle Drive. This gap must be repaired in order to allow this portion of White Lane to be
connected to the City's traffic signal interconnect system. The contractor has agreed to install the
necessary conduit for the lump sum price of $3,425.
This is the second contract change order to be submitted for the project. This change order will increase
the project total by $20,050. The change orders to date on this project reflect a net increase of $24,293
(which is an increase of 4.9% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$493,960.00
$518,253.00
$ 24,293.00
.
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDAT\ADMINRPT\2006\ 11-15\CCO 2 Traffic Signal Interconnect 3.doc
SP
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent Calendar
ITEM: 6.u'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
October 26, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bids from DDL Traffic, Inc. ($69,980.63), McCain, Inc. ($194,088.02) and Western
Communications Supply, Inc. (296,905.54) for signal equipment. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bids for signal equipment.
BACKGROUND: Invitations to bid were sent to ten (10) suppliers for signal equipment. Four (4) bids were
received in response to the solicitation.
In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the
bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split
as follows:
BIDDER AMOUNT
DOL Traffic, Inc. $69,980.63
Chino Hills, California
McCain, Inc. $194,088.02
Vista, California
Western Communications Supply, Inc. $296,905.54
Brea, California
A spreadsheet showing unit prices is attached.
Purchasing Division
OW
S:\PURCH\ADMIN\Signal Equipment, 06-07-39.doc
Created on 11/1/20065:37:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent Calendar
ITEM: ".ff.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
October 26, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Valley Printers (not to exceed $60,000.00) for the annual contract - printing
of the Recreation Brochure. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and authorization for staff to renew the
agreement annually for four (4) consecutive one year periods upon mutually agreeable terms.
BACKGROUND: Invitations to bidwere sent to ten (10) suppliers for the Annual Contract for Printing of
the Recreation Brochure. Four (4) bids were received in response to the solicitation. Staff finds the low
bid from Valley Printers to be acceptable. Valley Printers has been the supplier to print the Recreation
Brochure for the last several years. The annual contract is renewable annually for four consecutive one-
year periods at the City's option and upon mutually agreeable terms.
BIDDER
AMOUNT
$55,377.00
Valley Printers
Sylmar, California
San Dieguito Printers
San Marcos, California
Southwest Offset Printing, Inc.
Gardena, California
$56,558.28
$56,570.08
Casey Printing
King City, California
$70,785.49
Purchasing Division
OW/Jjm
S:\PURCH\AOMIN\AC Printing Recreation Brochure, 06-07-41, November 15, 2006_revision.doc
Created on 11/3/2006 12:30 PM
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
October 26, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Valley Pacific Petroleum (not to exceed $4,000,000.00)
for the annual contract for fuel. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and authorization for
staff to renew the agreement annually for four (4) consecutive one year periods upon mutually agreeable
terms.
BACKGROUND: Invitations to bid were sent to twelve (12) suppliers for the Annual Contract for Fuel.
Five (5) bids were received in response to the solicitation. Terms and conditions of the Invitation to Bid
required the suppliers to quote a differential price per gallon for fuel, which represents the suppliers' profit
and overhead.
Under the annual contract, fuel prices to the City will be based on a variable price (Oil Price Information
Service - OPIS) tied to a published index (Petroleum Administration Defense District 5 (PADD) Bakersfield
Rack) weekly average of branded and unbranded fuel plus the Supplier's positive or negative price
differential. Bidding in this way enabled staff to determine the lowest bidder based on the differential
quoted as all of the suppliers' fuel costs have a common base, that of OPIS pricing.
Valley Pacific Petroleum Services, Inc. submitted the lowest bid. The contract is renewable annually for
four consecutive one-year periods at the City's option and upon mutually agreeable terms. Pricing in the
out years will be adjusted using the Consumer Price Index for All Urban Consumers (US City Average).
Spreadsheet attached.
Purchasing Division
DW
S:\PURCH\ADMIN\AC Fuel, 06-07-36. November 15, 2006.doc
Created on 10/26/2006 11 :34:00 AM
ADMINISTRATIVE REPORT
MEETING DATE November 15, 2006
AGENDA SECTION:
ITEM: ?J. hh.
Consent Calendar
TO:
FROM:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY J1D RfL J S
CITY MANAGER~7
SUBJECT: Accept bid and award contract to Kern County Construction, Inc~ of
$394,482.00 for one domestic water well block pumphouse; CBK-46 located at 8217 Stonecrest Way in the
vicinity of Mountain Ridge Drive and McCutchen Road. (Ward 6)
Honorable Mayor and City Council
Florn Core, Water Resources Manager
DATE:
October 16, 2006
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will bring one new domestic water well into operational status adding needed capacity
and pressure to the City of Bakersfield's expanding southwest side of town. The project will include construction of
(1) concrete block pumphouse, installation of (1) Deepwell Turbine Pump and motor, (1) panel board, and
miscellaneous piping and appurtenances for Ashe Water Well CBK-46.
2 acceptable bids were received on October 13, 2006 for this project, as follows:
Kern County Construction Inc.
P. O. Box 6096
Bakersfield, CA 93386... ... ...... ... ... ......... ... ...... ... ... ... ... ...... ... ... ... ... ..... in the amount of: $394,482.00
Bakersfield Well and Pump Company
7212 Fruitvale Avenue
Bakersfield, CA 93308... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... in the amount of: $450,889.00
October 16, 2006, 9:21AM
C:\Documents and Settings\schoate\Desktop\Admin october16,06 KKC.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Consent Calendar
ITEM: O. it.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 1, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~LOVED
/}, .
. r ..~
,/'/ ..-
,/
\ f
SUBJECT: Accept bid and award contract to Teichert Construction ($3,187,115) to construct 72" Sewer
Main from Wastewater Treatment Plant NO.2 to Oswell/Redbank (Wards 1 and 3).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This new sewer trunk line will help relieve sewer lines that flow from Northeast
Bakersfield to Wastewater Treatment Plant # 2. In general, this new sewer trunk line runs east and north
to intercept an existing sewer trunk line from the Northeast Bakersfield. This project is Phase 1 for this
planned improvement to service the fast growing Northeast Bakersfield area.
Funding for the project is from Sewer Enterprise Funds. The Engineer's Estimate for this project was
$5,058,000.
Seven acceptable bids were received on October 26, 2006 as follows:
Teichert Construction
13281 Golden State Blvd.
Kingsburg, CA 93631 (Out of Town) in amount of $3,187,115.00
Floyd Johnson Construction
2301 Heardon
Clovis, CA 93611 (Out of Town) in amount of $3,272,209.65
Specialty Construction, Inc.
645 Clarion Court
San Luis Obispo, CA 93401 (Out of Town) in amount of $3,419,456.00
Don Kelly Construction, Inc.
6861 N. Oracle Rd.
Tucson, AZ 85704 (Out of Town) in amount of $3,682,118.00
Mountain Cascade, Inc.
555 Exchange Court
Livermore, CA 94528 (Out of Town) in amount of $4,049,990.00
November 1, 2006, 1:31PM
G:\GROUPDAT\ADMINRPT\2006\11-15\Teichert Construction. doc
ADMINISTRATIVE REPORT
Utah Pacific Construction Co.
40940 Elearnora Way
Murrieta, CA 92562 (Out of Town)
Nicholas Construction, Inc.
1975 Airport Drive
Bakersfield, CA 93308 (County)
E5K100
PW/ENGR -WGM
November 1, 2006, 1 :31 PM
G:\GROUPDA T\ADMINRPT\2006\11-15\Teichert Construction.doc
in amount of
in amount of
$4,695,376.00
$5,092,714.00
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: 0.\\-
l.U
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 2, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
s.
TO: Honorable Mayor and City Council
SUBJECT: Acceptance of 2004-05 Transportation Development Act Funds Financial
RECOMMENDATION: Budget and Finance Committee recommends acceptance of audit report.
BACKGROUND: The above audit report was referred to the Budget and Finance Committee for review
and recommendation. The Committee accepted the audit report at the November 06, 2006 meeting.
The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public
Transit Fund.
The accuracy and fairness of the presentation is the responsibility of the City. The audit firm of Macias,
Gini & Company has issued an unqualified opinion.
No other reports were issued by the accounting firm in regards to the above audit report.
November 2, 2006. 3:57PM
G:\GROUPDAT\ADMINRPT\2006\11-15\TDA Funds Financial Statements.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
Consent Calendar
November 3. 2006
TO:
FROM:
DATE:
Honorable Mayor and City Council
W. R. Rector, Chief of Police
CITY ATTORNEY
CITY MANAGER
JS
SUBJECT: Conversion of vacant Clerk Typist positions to Senior Records Clerk, Account ng Clerk and
Crime Analyst.
RECOMMENDATION: Staff recommends approval of the proposed position conversions.
BACKGROUND:
As the Police Department continues to further utilize the Records Management System purchased in
2001, reduction in the need for clerical personnel has become a reality. Electronic storage. paperless
routing and seamless transfers of police reports have made some functions of our Clerk Typists obsolete,
allowing the Police Department the flexibility to convert Clerk Typist positions to other needed positions in
the department.
As part of the FY2006-07 Budget adoption process, the Police Department received city management
authorization to upgrade three (3) Clerk Typist positions to: (1) Senior Records Clerk, (1) Crime Analyst,
and (1 ) Accounting Clerk.
The Police Department requests City Council approval to convert three open/unfilled Clerk Typist positions
to the aforementioned positions. The salary and benefits difference between the three positions is
approximately $26,205.00, and will be absorbed in the Police Department's FY2006-07 Budget.
P:\BPD\ADMIN RPTS\ADMIN RPTS FY 06-07\ADMIN RPT - CLERK TYPIST CONVERSIONS.doc
11/3/20068:34 AM
Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent
ITEM:?l. l \.
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover, Director
Recreation & Parks
DEPARTMENT HEAD
~D
DATE:
November 6, 2006
CITY A TTORNEY
CITY MANAGER
SUBJECT: Appropriate $15,000 additional facility/exclusivity use revenue from Pepsi ottling Company
to the Recreation and Parks Department Operating Budget within the General Fund, per
agreement #02-009, for programs at the Dr. Martin Luther King, Jr. and Silver Creek
Community Centers (Wards 1 and 6).
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
On January 23, 2002, Pepsi Bottling Company and the City of Bakersfield entered into an agreement
(#02-009), whereby the City is to receive $15,000 per year for five years as a fee to allow Pepsi to install,
operate, and maintain vending machines at City parks. The $15,000 fee for 2006 was recently received.
City staff recommends appropriation of these funds ($7,500 to MLK Center and $7,500 to the Silver Creek
Center) for programs such as Camp King, computer classes, tennis lessons, and special events.
November 6, 2006, 12:15PM:rlj
S:\2006 Admins\Pepsi Admin_11-15-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
Consent Calendar
FROM:
DATE:
Honorable Mayor and City Council
W. R. Rector, Chief of Police
APPROVED
TO:
CITY MANAGER
DEPARTMENT HEAD
November 3, 2006
CITY ATTORNEY
SUBJECT: Appropriate $6,800.00 State CAL-MMET Grant Revenues to the
Operating Budget to purchase one Pen-Link software license.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The Bakersfield Police Department has entered into an agreement with the Kern County Sheriff's
Department, the Kern County District Attorney, the Kern County Probation Department, and the Shafter
Police Department as a member of the California Multi-Jurisdictional Methamphetamine Enforcement
Team (CAL-MMET). CAL-MMET is a grant funded program administered through the Kern County
Sheriff's Department. Earmarked for the Bakersfield Police Department in the FY2006-07 CAL-MMET
grant is $6,800 to purchase a Pen-Link System Software Package.
The Pen-Link software system is the leading telecommunication intelligence, crime analysis and case
management software used by local, state and federal law enforcement agencies all across the United
States and several other countries.
Drug Trafficking Organizations have become highly complex, multi-jurisdictional and criminally diverse. In
order to conduct effective investigations, law enforcement must have the ability to track, manage and
analyze volumes of information received from a multitude of sources. The Pen-Link software system will
provide us with the tools to accomplish these tasks. Tools of this caliber are critically important to our drug
enforcement efforts.
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 06-07\ADMIN RPT - 2006 CAL-MMET EQUIPMENT.doc
11/6/20064:52 PM Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar
ITEM: b. (\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
W. R. Rector, Chief of Police
November 3,2006
CITY ATTORNEY
CITY MANAGER
j
SUBJECT: Appropriate $502,165.00 State Grant Revenues (S.T.E.P. Grant from the ate Office of
Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for traffic
enforcement strategies and to buy equipment for the Traffic Division.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
On 10/01/2006 the Bakersfield Police Department was awarded $502,165.00 from the State Office of
Traffic Safety for the Selective Traffic Enforcement Program (STEP).
The STEP program will use overtime for enforcement and the implementation of innovative strategies to
reduce the number of individuals killed or injured in traffic collisions. The grant period covers two years.
The funded strategies and equipment include:
. DUI/Driver's License Check Points
. Roving DUI Patrols
· Development of a "Hot Sheet" to notify patrol and traffic officers to be on the lookout for identified
repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions.
· Warrant sweeps and court "stings" to focus on DUI offenders with suspended or revoked driver
licenses who get behind the wheel after leaving court.
· Enforcement operations targeting red light runners, aggressive speeders, drivers with vehicles
equipped with illegal street racing equipment, and unbelted vehicle occupants. Additionally,
enforcement operations will be directed to intersections with disproportionate numbers of traffic
crashes.
· Voluntary compliance with traffic laws by generating publicity throughout the grant period.
. Fully Equipped Radar Trailer
. Citation Device System
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 06-07\ADMIN RPT - 2006 OTS STEP GRANT. doc
11/7/20068:35 AM Page 1 of 1
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: L.(.Q,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
SUBJECT:
General Plan Amendment/Zone Change 06-0377 (Ward 1 Upon Annex
CITY ATTORNEY
CITY MANAGER
October 19, 2006
Hendricks Engineering, representing Knittel Bros. Gen. Partnership, Patsy St cy and
Dorothy A. Lowry, the property owners, has applied for a general plan am ndment
and zone change on approximately 75.2 acres located south of E. Panama Lane and
east of Cottonwood Road, at the southeast corner of where Cottonwood Road meets
the Arvin-Edison Canal.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from ER (Estate) to LR (Low
Density Residential) on 75.2 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title
17 of the Municipal Code and amending Zone Map No. 124-28 from R-S-20A
(Residential Suburban 20-acre minimum lot size) to R-1 (One Family Dwelling)
on 75.2 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
Upon annexation into the City, the proposal would allow for the development of approximately 318
single-family units on the 75.2-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on September 21, 2006, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation
for the project. Conditions of approval and mitigation measures which address air quality, cultural
resources, traffic, 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 July 31,
2006, in accordance with CEQA.
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: '1. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
November 7, 2006
CITY MANAGER
SUBJECT: General Plan AmendmenUZone Change 05-1887 0Nard 1)
Marino/Associates, representing Mel Heinemann and Jack & Nuha Haddad, the property
owners, has applied for a general plan amendment and zone change on 39.29 acres
located at the southwest corner of East Planz Road and Washington Street (future).
RECOMMENDATION:
In accordance with a request from the applicant (see attached letter), staff recommends a continuance of
this item to the next general plan amendment cycle.
BACKGROUND:
The City Council public hearing for this item was initially scheduled for August 16, 2006; in accordance
with the applicant's request, the Council continued the item to the next general plan amendment cycle.
Staff is working with the applicant to resolve issues surrounding this project and is hopeful resolution will
occur prior to the next general plan amendment cycle.
The proposal would allow for the development of 290 detached residential units, a public park, and a
drainage sump on the 39.29-acre project site.
The majority of the project site lies within the X-mile buffer area for the City of Bakersfield's Wastewater
Treatment Plant No.2, established by the Public Works Department to prevent the development of odor-
sensitive land uses, including residential development, in close proximity to this facility. The applicant
presented an alternative proposal to the Planning Commission for their consideration, consisting of
residential development and a drainage sump within the southern half of the project site. Although
residential development would be set back further from the treatment plant under the alternative proposal,
residential development would encroach into the X-mile buffer area.
The Planning Commission conducted a public hearing on this general plan amendmenUzone change on
June 15, 2006, and recommended denial to the City Council. No individuals or agencies present at the
hearing opposed 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 17, 2006, in
accordance with CEQA.
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: I.{. c....
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 24, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0349 (Ward 3)
Cornerstone Engineering, Inc., representing Jack Hood & Hazel Mary Hobba, the
property owner, has applied for a general plan amendment and zone change on 20.03
acres located on the north and south sides of Panorama Drive (future), approximately
one-quarter mile west of Vineland Road.
1 . Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-MP (Resource-Mineral
and Petroleum) to LR (Low Density Residential) on 13.84 acres and HMR (High
Medium Density Residential) on 6.19 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map No. 104-18 from R-1
(One-Family Dwelling Zone) to R-2 (Limited Multiple-Family Dwelling Zone) on
6.19 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 64 single-family and 64 multi-family
residential units on the 20.03-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on September 21, 2006. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for
the project. Conditions of approval and mitigation measures which address biological resources,
cultural resources, traffic, 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 August 18, 2006,
in accordance with CECA.
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: L{.d,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 24, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0465 (Ward 3)
San Joaquin Engineering, representing Kern County Housing Authority, James
Pinkerton, John Gonzalez & Beverly Yates, Jose Alfredo Gonzalez, Jim Pinkerton
Broker Inc., and Charles Hayes, the property owners, has applied for a general plan
amendment and zone change on approximately 5.25 acres located on the east side of
Sunny Lane, approximately 200 feet south of Columbus Street.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial)
to HR (High Density Residential) on 1.4 acres and HMR (High Medium Density
Residential) on 3.8 acres.
2. First reading of ord~nance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map No. 103-21 from C-2
(Regional Commercial) to R-3 (Multiple-Family Dwelling Zone) on 1.4 acres and
R-2 (Limited Multiple-Family Dwelling Zone) on 3.8 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would establish General Plan and zoning designations which reflect the existing and
approved multiple-family residential land uses.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on September 21, 2006. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for
the project. Conditions of approval and mitigation measures which address cultural resources, public
improvements, and site development issues 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 July 26, 2006, in
accordance with CEQA.
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: '-'. t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
October 19, 2006
APPROVED
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 05-1271 ty'-Jard 3)
Mcintosh & Associates representing S&J Alfalfa, Inc. and Mountain View Bravo, LLC,
the property owners, has applied for a general plan amendment and zone change on
approximately 26.6 acres located along the north side of Highway 178, west of the
future extension of Vineland Road, south of Paladino Drive and east of Morning Drive.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from HR (High Density
Residential) to LR (Low Density Residential) on 7.35 acres, HR to LMR (Low-
Medium Density Residential) on 16.12 acres, and LR to LMR on 3.16 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Maps No. 104-18 and 104-19 from
R-3 (Multiple Family Dwelling) to R-1 (One Family Dwelling) on 7.35 acres, R-3
to R-2 (Limited Multiple-Family Dwelling) on 16.12 acres, and R-1 to R-2 on 3.16
acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 200 dwelling units on the 26.6-acre
project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on September 21, 2006, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation
for the project. Conditions of approval and mitigation measures which address air quality, biological
resources, cultural resources, hazards and hazardous materials, noise, traffic 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 July 28,
2006, in accordance with CEQA.
CG-S:\GPA 3rd 2006\05-1271\Staff Reports\Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Consent Calendar - Hearings
ITEM: L.f. of.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
November 1, 2006 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing to consider an appeal by James B. Wiens, Clifford 0 and rown,
representing Mr. and Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R. Lehr 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.
(Ward 3, upon annexation)
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.
RECOMMENDATION:
Staff recommends continuance of the public hearing to the February 7,2007 City Council meeting.
BACKGROUND:
On September 13, 2006, the City Council held and closed a public hearing on the appeal to this zone
change request. The Council requested staff research and prepare responses to several questions.
These questions and responses were provided to the City Council on October 11, 2006 in a
memorandum from the Development Services Director and City Attorney. A public hearing was
advertised and posted to consider this zone change before the City Council on October 11, 2006.
However, upon mutual agreement between the appellant and the applicant, this item was continued to
November 15, 2006.
Marino and Associates, the applicant is requesting this hearing be continued to February 7, 2007 in
order to further discuss this zone change with the appellant. Mr. Marino believes the additional time will
allow for reach an agreement with the appellant by February.
jen9
November 1, 2006, 2:38PM
S:\Dana\admin\2006\Nov\11-15-0581.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: 4.a.
v
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 24, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 05-1933 0Nard 4 Upon Annexati
ADAVCO, representing Bidart Bros., the property owner, has applied for a ge eral plan
amendment and zone change on approximately 24 acres located on the east and west
sides of Coffee Road, approximately 460 feet north of Etchart Road, and west of the
Beardsley Canal.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from SR (Suburban Residential)
to LR (Low Density Residential) on approximately 12 acres and LMR (Low
Medium Density Residential) on approximately 12 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map Nos. 102-04 and 102-
05 from A (Agricultural Zone) to R-1 (One-Family Dwelling Zone) on
approximately 12 acres and R-2/P.U.D. (Limited Multiple-Family Dwelling
Zone/Planned Unit Development Zone) on approximately 12 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
Upon annexation into the City, the proposal would allow for the development of approximately 180
single-family homes on the approximately 24-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on September 21, 2006. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for
the project. Conditions of approval and mitigation measures which address air quality, cultural
resources, traffic, public improvements, and Meadows Field Airport compatibility 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 August 3, 2006, in
accordance with CECA.
ADMINISlRA liVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: L.(. h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 24, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan AmendmenVZone Change No. 06-0435, Plan Review for P. . . No. 06-
0435 (Ward 4 Upon Annexation) and Modification to P.C.D. No. 05-1227 (Ward 4)
Porter-Robertson Engineering & Surveying, representing David Wilson, the property
owner, has applied for a general plan amendment, zone change and P.C.D. Plan
Review on 2.5 acres located on the north side of Brimhall Road, approximately 1/8-mile
west of Calloway Drive and a P.C.D. Modification on 7.5 acres located at the northwest
corner of Calloway Drive and Brimhall Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from SR (Suburban Residential)
to OC (Office Commercial) on 2.5 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map No. 102-30 from R-S-
2.5A (Residential Suburban 2.5-Acre Minimum Lot Size) to C-O/P.C.D.
(Professional and Administrative Office Zone/Planned Commercial Development
Zone) on 2.5 acres.
3. Resolution adopting P.C.D. No. 06-0435 Plan Review to establish a Preliminary
Development Plan and architectural style for a new multiple tenant commercial
office development on the 2.5-acre site.
4. Resolution adopting P.C.D. No. 05-1227 Plan Modification to conditionally
eliminate the requirement to construct a block wall along the western boundary of
the subject property to facilitate the construction of an integrated commercial
office development on the subject property and adjoining P.C.D. No. 06-0435
site.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment, adoption of a resolution approving the P.C.D. Plan Review,
adoption of a resolution approving the P.C.D. Plan Modification, and first reading of the ordinance.
ADMINISTRATIVE REPORT
Page 2
BACKGROUND:
At the northwest corner of Calloway Drive and Brimhall Road, a 7.5-acre commercial office
development is currently under construction (P.C.D. No. 05-1227). Proposed GPAlZC/P.C.D. No. 06-
0435 consists of a 2.5-acre expansion of this development to the west. As proposed, the architectural
and landscape design of the two proposals are consistent and the circulation plans have been designed
to function as a single, integrated development upon completion.
Upon annexation into the City, proposed GPAlZC/P.C.D. No. 06-0435 would allow for the development
of four one-story office buildings totaling approximately 19,540 square feet and 123 parking spaces on
the 2.5-acre project site. Proposed Modification to P.C.D. No. 05-1227 would conditionally eliminate
the requirement to construct a block wall along the western boundary of the 7.5-acre project site to
facilitate the construction of an integrated development on the two sites.
The Planning Commission conducted a public hearing on GPAlZC/P.C.D. No. 06-0435 and
Modification to P.C.D. No. 05-1227 and recommended approval to the City Council on September 21,
2006. No individuals or agencies present at the hearing opposed the request and the applicant agreed
to all conditions and mitigation for the project. Conditions of approval and mitigation measures which
address cultural resources and public improvements are recommended as part of the GPAlZC
approval. Conditions of approval which address building standards, parking, lighting, landscaping,
refuse collection, Fire Department requirements, and public improvements are recommended as part of
the P.C.D. Plan Review 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 August 16, 2006,
in accordance with CECA.
PH - S:\GPA 3rd 2006\06-0435\Staff Reports\Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: ~. j .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 24, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0456 (Ward 6)
Maurice Etchechury, representing Old River Land Company, the property owner, has
applied for a general plan amendment and zone change. on approximately 41 acres
located at the northeast corner of McCutchen Road and Ashe Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to LI (Light Industrial) on 25.71 acres and LR (Low Density
Residential) on 15.49 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map No. 123-27 from A-20A
(Agricultural 20-Acre Minimum Lot Size) to M-1 (Light Manufacturing Zone) on
25.71 acres and R-1 (One-Family Dwelling Zone) on 15.49 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 45 single-family residential units and
approximately 25 acres of light industrial uses.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on September 21, 2006. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for
the project. Conditions of approval and mitigation measures which address cultural resources, traffic,
public improvements, the %-mile buffer area for Wastewater Treatment Plant No.3, and the high
pressure gas pipeline traversing the project area 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 August 4. 2006, in
accordance with CEOA.
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: 1.(. i .
v
.TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
October 5, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0463 (Ward 6).
SmithTech/USA, Inc., representing Pascoe Family Investments, LLC, the property owner,
has applied for a general plan amendment and zone change on 80 acres, located on the
north side of McCutchen Road, approximately 1/4-mile west of Ashe Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource - Intensive
Agriculture) to LI (Light Industrial) on 41-acres and LMR (Low Medium Density
Residential) on 39-acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 123-28 from A (Agriculture) to
M-1 (Light Manufacturing) on 41-acres and R-2 (Limited Multiple Family Dwelling)
on 39-acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of 230 multiple-family residential dwelling units and 446,000
square feet of light industrial on the 80-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
September 21, 2006, and recommended approval to the City Council. No individuals or agencies present
at the hearing opposed the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on August 11, 2006, in
accordance with CECA.
S:\GPA 3rd 2006\06-0463\Staff Reports\Admin Report 11-15-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: 4.1L.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
October 27, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
V~
Vl
SUBJECT: Public hearing on Resolution of Necessity to consider the acquisition by eminent amain f access
rights owned by the Irwin Y. E. and Cecilia C. Chu Trust, located at 5820 Auburn Street, for the State
Route 178 and Fairfax Interchange.
RECOMMENDATION:
Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of certain access
rights owned by Irwin Y. E. and Cecilia C. Chu Trust, located at 5820 Auburn Street. The City of Bakersfield is
authorized to acquire access rights by eminent domain pursuant to Section 1240.010 of the Code of Civil Procedure.
BACKGROUND:
Before initiating a proceeding in eminent domain, the law requires that the City Council give notice to all owners of
the affected property and conduct a hearing to consider:
1. Whether the public interest and necessity require the project;
2. Whether the project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury;
3. Whether the property (i.e. access rights) sought to be acquired is necessary for the project; and
4. Whether the offers required by Government Code section 7267.2 have been made to the owner(s) of
the subject property.
If, at the conclusion of the hearing, the City Council is persuaded that the requisite findings can be made, the Council
may adopt the Resolution of Necessity by vote of two-thirds of all the members of the Council (not two-thirds of a
quorum of the members present). If the City Council adopts the Resolution of Necessity, the City Attorney will direct
filing a proceeding in eminent domain in the Kern County Superior Court. Questions of valuation will be addressed in
court if a negotiated sale and purchase of the access rights cannot be consummated.
On October 30, 2006, a notice was sent to the Irwin Y. E. and Cecilia C. Chu Trust, the owner of record, notifying
them that a hearing is scheduled for November 15, 2006, before the City Council to consider the adoption of a
Resolution of Necessity determining these issues.
ADMINISTRATIVE REPORT
ANALYSIS
1. The public interest and necessity require the proposed project. Improvements to State Route 178 (SR
178) are being planned between Oswell Street and Morning Drive. The freeway will be widened from two lanes to
four lanes. The Project will also include construction of a new interchange at Fairfax Road. Fairfax Road will also be
elevated (bridged) over the new expanded freeway.
Future growth in northeast Bakersfield was anticipated by Caltrans and the City a number of years ago. With the
recent housing growth over the last several years in northeast Bakersfield, increased congestion on State Route 178
has continued, especially at the Fairfax Road intersection. In a cooperative agreement between Caltrans and the
City, the City has assumed the planning, design and engineering of the proposed improvements for SR 178 and the
Fairfax interchange. The widening of SR 178 and the new interchange at Fairfax Road will expand traffic capacity
and circulation between northeast Bakersfield and the downtown area, and allow for increase movement between the
north side and south side of SR 178. The Project is necessary to reduce traffic congestion and accommodate traffic
from anticipated growth in these areas. The need for, and benefits of, the Project were analyzed the Initial
Study/Mitigated Negative Declaration for State route 178/Fairfax Road Interchange Project dated January 31, 2002.
Additional information about the Project is contained in the Categorical Exemption Determination Form, which has
been approved by the Federal Highway Administration, and Caltrans. Both documents are available for inspection at
the office of the Thomas Roads Improvement Program, 1600 Truxtun Avenue, Suite 300.
2. The proposed project is planned and located in the manner that will be most compatible with the
greatest public good and least private injury. The expanded capacity and improvement in traffic circulation that
will result from the Project will alleviate the congestion and eliminate the limited routing that presently inhibits east-
west travel between northeast Bakersfield and downtown, and north-south travel across SR 178.
The on and off ramps for the Fairfax Road interchange will be built directly across from the subject property.
Caltrans standards require access rights be obtained from parcels adjacent to anyon/off ramp locations in order
minimize potential traffic safety conflicts and reduce the potential for accidents. The City has or is in the process of
acquiring access rights from all the other affected parcels for this project.
The subject parcel (APN 438-122-02) is a triplex rental unit. The City needs to acquire the access rights along the
southern parcel line of the property. There are currently no driveways along this southern parcel line. The subject
triplex current has access from the adjacent alley. The project will require the southern entrance to the alley to be
closed, but access to the triplex unit will remain available from the north entrance of the alley which will not be
closed. The access rights to be acquired are described and depicted on Exhibits A & B of the proposed Resolution
of Necessity that is attached hereto.
3. The property sought to be acquired is necessary for the project. The access rights to be acquired are
necessary to meet Caltrans standards for safety in constructing freeway interchanges. In order to certify the project
to Caltrans to proceed and obtain funding approval, all right-of-way issues must be addressed and secured, such as
access rights.
4. The offer required by Section 7267.2 of the Government Code has been made to the owner of record.
The owner of record was offered $13,700 for the access rights and severance damages to the property on October
10, 2006 based on a required appraisal of the access rights and severance damages. Active negotiations have not
been possible directly with the owner. The property management company handling the property has told the City
the owner lives in Taiwan and has recently suffered from a stroke. The property management company has refused
to provide direct contact information for the owners in Taiwan, but have indicated they have forwarded all documents
to them. Without the ability to directly negotiate with the property owners the City is unable to obtained the
necessary access rights, which could indefinitely delay Caltrans approval and funding of the project.
Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of certain access
rights owned by the Irwin Y. E. and Cecilia C. Chu Trust located at 5820 Auburn Street. A proposed Resolution of
Necessity is attached to this report.
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 2, 2006
AGENDA SECTION: Closed Session
ITEM: 5.~.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Employee Performance Evaluation - City Attorney
Closed session pursuant to Government Code section 54957(b)(1)
APPROVED
VG:do
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November 2, 2006, 4:56PM
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 7,2006
AGENDA SECTION: Closed Session
ITEM: 6.b.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
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
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November 7, 2006, 4:56PM
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Roll Call
ITEM: (p.et.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
November 1, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Introduction of Student Body Representatives Participating in the 52nd
City Government Day"
RECOMMENDATION:
BACKGROUND:
The City of Bakersfield annually participates with the Kern High School District, the Kiwanis, and the
Optimists in sponsoring Teen City Government Day. This year will be the 52nd year the City has
participated in this event. The school district has indicated fourteen schools will be participating:
Bakersfield High School, Bakersfield Christian High School, Centennial High School, East Bakersfield
High School, Foothill High School, Garces High School, Golden Valley High School, Highland High
School, Liberty High School, North High School, Ridgeview High School, South High School, Stockdale
High School and West High School.
Four students from each school will participate in the Teen City Government Day morning activities.
Students representing the Mayor and Council, the City Manager, Assistant City Manager, City Attorney,
Public Works Director, Development Services Director and City Clerk (one student representing each
school) are invited to attend the evening session from approximately 6:30 p.m. to no later than 7:30 p.m.,
with Council then taking a short recess to allow students to leave to prepare for the following day's
classes.
November 2,2006, 12:29PM
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ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Presentations
ITEM: lO.lt.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
October 27,2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to representatives from the
proclaiming November 19,2006, as "Sikh Day".
RECOMMENDATION:
BACKGROUND:
ndw
October 27, 2006, 11 :45AM
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ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Presentations
ITEM: 10. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Javier Lozano, Human Resources Manager
November 3, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Retirement Plaque and Gift Certificate to George
RECOMMENDATION:
BACKGROUND: Mayor Hall will make presentations to:
George Gonzales, Community Development Coordinator, Community Development Department,
28 years of service to the City of Bakersfield.
P:\DOCSlAdmin Report Retiree Presentations.doc 10/27/2006
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: la. a..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 9, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change No. 05-1428, Appealed
annexation)
Pinnacle Engineering, representing Sikander Singh & Daljeet Kaur Jassar, the property
owner, has applied for a general plan amendment and a zone change on 100-acres
located on the south side of East Panama Lane, 1/4-mile east of Cottonwood Road. An
appeal of the Planning Commission's decision was submitted by Pinnacle Engineering.
1. Resolution approving the Negative Declaration, denying the appeal and adopting
the general plan amendment changing the land use designation from ER (Estate
Residential) to LR (Low Density Residential) on 100-acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 124-28 from R-S-20A
(Residential- 20 acre minimum) to R-1 (One Family Dwelling) on 10-acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, denying the appeal and
approving the proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of 400 single-family dwelling units on the 1 D-acre project
site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on September 21, 2006, and recommended approval to the City Council. Matt Volvilla, representing
Pinnacle Engineering, on behalf of Sikander Singh & Daljeet Kaur Jassar the property owner, was in
opposition to the recommended condition of approval from Public Works full improvements for the
south half of Panama Lane from the project Cottonwood Road. Matt Volvilla stated it is an arterial and
is approximately 1/4-mile which represents a substantial cost to the developer. Mr. Volvilla pointed out
that he is not aware of any other project where this type of improvement was conditioned without some
reimbursement such as a traffic impact fee reimbursement. Mr. Volvilla also stated that perhaps the
improvement could be to add one lane on south half, or if full improvement is required that the segment
be added to the traffic impact fee list. Despite the opposition of the applicant, the Planning Commission
ADMINISTRATIVE REPORT
Page 2.
recommends this condition of approval. A letter appealing this condition was received in the City
Clerk's office on September 29, 2006.
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 CEQA. No one spoke in opposition to this proposal.
JS: \S:\GPA 3rd 2006\05-1428\Staff Reports\Admin Report 11-15-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Hearings
ITEM: l;t. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD 5G:--
October 24, 2006 CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 05-1947, Appealed (Ward 5/6 Upo
Banducci Land, LLC, the 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. Resolution 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 the Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture
Zone) to R-1 (One-Family Dwelling Zone) on approximately 46 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, upholding the appeal
modifying conditions of approval, and approving the proposed general plan amendment and first reading
of the ordinance.
BACKGROUND:
Upon annexation into the City, the proposal would allow for the development of approximately 181 single-
family homes on the 46-acre project site.
The City Council public hearing for this item was initially scheduled for August 16, 2006; in accordance
with the applicant's request, the Council continued the item to August 30, 2006. On August 30, 2006, the
item was heard and continued to the next general plan amendment cycle.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
June 15, 2006, and continued this item to July 6, 2006, at which time they recommended approval to the
City Council. Anna Dezember, representing StructureCast, a precast concrete manufacturing facility to
the north of the site, testified during the June 15th public hearing. She stated that StructureCast is
concerned that the incompatibilities between their operations and the proposed residential development
have not been adequately addressed.
ADMINISTRATIVE REPORT
Page 2
An appeal of the recommendation of the Planning Commission by Brent Dezember on behalf of
StructureCast was received in the City Clerk's office on July 14, 2006. StructureCast is concerned that the
proposal as recommended by the Commission does not include an adequate buffer to protect their current
industrial facility.
The Planning Commission feels that the proposed conditions of approval and mitigation measures
sufficiently address potential interface issues, including a 10-foot high noise barrier along the northern
property line and a 100-foot setback between the northern property line and the nearest habitable
residential structure. Included in the backup material (attached to Negative Declaration) are letters dated
June 13, 2006, and July 3, 2006, from Giroux and Associates, Environmental Consultants, the preparer of
the air quality and noise studies for the proposal, responding to a letter from the San Joaquin Valley Air
Pollution Control District and to interface issues raised by Ms. Dezember and the Commission.
Golden Empire Concrete operates a concrete batch plant at the southwest corner of Gosford Road and
McCutchen Road, immediately north of StructureCast. Various correspondence from the applicant,
StructureCast, and Golden Empire Concrete's attorney were provided to the Planning Commission and
are included in the backup material for this item.
Three recently approved General Plan Amendment/Zone Change proposals (04-0057, 04-1012, and 05-
0423) for residential development in the immediate vicinity have been approved by the City. It is staff's
understanding that the applicants for these three projects entered into private agreements with Golden
Empire Concrete and/or StructureCast addressing issues such as residential building setbacks and
heights, sound walls and other noise mitigation measures, and disclosure provisions prior to City approval
of these projects; neither Golden Empire Concrete nor StructureCast opposed any of these projects. The
applicant has attempted to enter into agreements with StructureCast and Golden Empire Concrete but has
not been successful. Although the conditions of approval imposed on these three projects by the City
Council were similar, they were tailored for each project in accordance with site-specific considerations.
Subsequent to the Planning Commission hearing, staff has re-reviewed the conditions of approval
imposed by Council on these three proposals. Based upon this review, staff recommends the addition of a
condition requiring the applicant to reimburse StructureCast for up to $20,000 for any sound muffling that
they may elect to construct on or around their concrete batch plant; a similar condition was imposed on all
three projects for the StructureCast and/or Golden Empire Concrete facilities.
StructureCast claims that their private agreement regarding GPAlZC 04-1012 does not permit any
residential lot to be situated within 100 feet of StructureCast's western property boundary; they anticipate
that this buffer area will contain a landscaped strip and a local street. The City Council imposed a
condition of approval on GPAlZC 04-1012 which prohibits habitable residential structures to be
constructed within the 100-foot buffer area, similar to the condition of approval recommended by staff and
the Planning Commission for this project. However, this condition of approval permits portions of
residential lots within the buffer area, such as deep lots with 100-foot rear yard setbacks. StructureCast's
preference is to prohibit residential lots within the buffer area. To the contrary, the Planning Commission
feels that it would be premature to impose such a restriction at this time; rather, they recommend that the
100-foot habitable residential structure setback be imposed and that further details regarding the ultimate
lot and street configuration be addressed at the tract map review stage. Upon further review of this issue
SUbsequent to the Planning Commission hearing, staff recommends that this condition be revised in
accordance with StructureCast's request. Staff feels that this would be prudent since the imposition of
such a restriction may be difficult to defend from a legal standpoint at the tract map stage if challenged by
the future subdivider, whereas the Council's ability to place such restrictions on General Plan Amendment
requests is much greater. Staff feels that the long-term compatibility of the proposed residential
ADMINISTRATIVE REPORT
Page 3
development with StructureCast's operations would be enhanced if residential lots are excluded within the
setback area.
Conditions of approval and mitigation measures which address air quality, cultural resources, noise, traffic,
and public improvements, and which require the inclusion of a disclosure provision regarding adjacent
industrial operations in residential grant deeds, are recommended as part of the project approval. The
applicant agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 19, 2006, in
accordance with CEOA.
PH - S:\GPA 2nd 2006\05-1947\Staff Reports\Admin Report3.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Hearings
ITEM: Ic2.c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 19, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0443, Appealed (Ward 6)
Marino/Associates, representing West Coast Investments, Inc. the property owner, has
applied for a general plan amendment and zone change on 28.52-acres located on the
north side of Pacheco Road and west of Akers Road (future). An appeal of the Planning
Commission's decision was submitted by West Coast Investments, Inc.
1. Resolution denying the general plan amendment changing the land use designation
from LI (Light Industrial) to HMR (High Medium Density Residential) on 23.66-acres
and SI (Service Industrial) to HMR on 4.86-acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and
amendment to Zoning Map No. 123-14 from M-1 (Light Manufacturing) to R-2
(Limited Multiple Family Residential) on 10.26-acres and M-2 (General
Manufacturing) to R-2 on 18.2-acres.
RECOMMENDA liON:
Staff recommends adoption of a resolution denying the appeal, and denying the proposed general plan
amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of 400 multi-family dwelling units on the 28.52-acre project
site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
September 21, 2006, and recommended denial to the City Council. Staff made a presentation of the
proposed project and recommended approval to the Planning Commission. This is an infm project which is
supported by general plan policies as a method to reduce sprawl and utilize land which already has
existing roads, water lines, fire stations and sewer lines. The project site is completely surrounded by
urban uses, including single-family residential to the north and south. There is a railroad line adjacent to
the south and a noise generating concrete plant to the east but both of these uses and attendant noise
impacts can be mitigated thru measures promulgated in the noise analysis. The Planning Commission
denial was based primarily on the proximity of industrial properties located east and west of the site. A
100 foot wide canal (and maintenance roads) separates the site from industrial businesses to the west.
Akers Road (4 lane collector) provides the separation between the subject property and industrial property
ADMINISTRATIVE REPORT
Page 2
(owned by the applicant) to the east. Akers Road is schedule to be constructed in the near future by the
City of Bakersfield including an at grade crossing of the railroad tracks providing access directly from
White Lane to Pacheco Road.
Kristine Boyer, representing Crimson Resource Management, Marty Whitten, representing T.D. Whitten
Construction, Inc. and Asphalt & Concrete, LLC, Angela Carmen Morosa, and Christopher Billington
submitted comment letters to the Planning Department dated for September 12, 2006, September 14,
2006, and September 21, 2006, which are included in he back up of this item. Ms. Boyer addressed the
Planning Commission during the hearing and expressed her opposition to the proposal and stated they
own and operate six oil production wells in the vicinity of the proposed project. She stated that Crimson
would prefer that the land use and zoning not change to residential as it is not compatible and poses
safety issues. Ms. Boyer further requested that their ingress and egress to their oilfield not be
compromised.
Mr. Whitten also addressed the Planning Commission during the public hearing and expressed his
opposition to the proposal and stated his operation located to the east of the project site, maintains a large
construction recycling materials facility and large equipment for their business. Mr. Whitten stated his
concerns for potential noise, dust, and truck issues due to the nature of the business in the area.
Correspondence from Angela Carmen Morosa expressed her opposition to the proposal and stated that it
would not be compatible with the LI (Light Industrial) and SI (Service Industrial) land use designations
located to east and west of the project site. Ms. Morosa added that any change to the existing land use
and zoning would be in complete contradiction to the Industrial and Business Park concept.
Correspondence from Christopher Billington expressed his opposition to the proposal and stated that
future traffic and residents from the proposed multi-family project would generate potential crime and
encourage future blight within the area.
Planning Commission expressed concerns regarding what the currently zoned industrial owners will do in
the future adjacent to the proposed multi-family residential site. Commission feels they are depriving
present property owners their M-2 (General Manufacturing) zoning rights by granting this proposed multi-
family residential use. Commission also commented on the concrete crushing plant and hazardous
materials near the project site that cannot justify multi-family development and would be more enthusiastic
about supporting the project if the adjacent industrial land use designations were part of the general plan
amendment and zone change. A letter appealing this project was received in the City Clerk's office on
October 2, 2006.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 18, 2006, in
accordance with CEQA.
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A
Ii. A
~ ~ 0 ADMINISTRATIVE REPORT
MEETING DATE: November 15,2006
AGENDA SECTION: Reports
ITEM: 13. a. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
APPROVED
October 31, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation regarding Mill Creek Linear Park Vision Plan. (Wards 1 & 2)
RECOMMENDATION:
BACKGROUND:
'The City of Bakersfield recently entered into an Agreement with Royston, Hanamoto, Alley, & Abney, Inc.
for preliminary engineering design and detailed project cost estimates, and to develop the Master Plan for
fully implementing the Mill Creek project over time as full funding becomes available.
RHM will give a presentation regarding progress made to date on the conceptual design of the Mill Creek
Linear Park Vision Plan. Mill Creek is envisioned as a 1.5 mile stretch of agricultural canal which will be
redeveloped into a major recreational linear park with a white water look and will travel through the heart
of downtown Bakersfield along the Kern Island Canal from Golden State to California Avenues. Elements
of the project include walking paths, public art, street furniture, lighting, decorative fencing, landscaping,
creation of a pond in Central Park, possible replica of the Mill, and a potential new pedestrian plaza at 17th
Street and "R" Street intersection.
Staff will introduce the landscape architecture firm of Royston Hanamoto Alley & Abey (RHM). Founded
in 1958, the firm is based in Mill Valley, California, with a broad practice in the design and planning of
public spaces. RHAA encompasses all aspects of landscape architecture and planning with RHM's focus
on building and shaping the landscape for people's use and enjoyment while protecting and preserving
nature as a resource for the future.
S:\Admins\City Council\City Council Admlns 2006\MIII Creek Unear Park Workshop1Q-11-06.doc
10/31/20063:54 PM
ADMINISTRATIVE REPORT
MEETING DATE: November 15, 2006
AGENDA SECTION: Reports
ITEM: 13.b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
November 6, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Report regarding the Possible Purchase of the Borton, Petrini and Com:
RECOMMENDATION: Staff intends to update information, and take and respond to questions.
Council action to be determined.
BACKGROUND: At the regular Council meeting of October 25, 2006, staff presented a report on City
space needs. It was clear from the discussion that the subject is of high interest to the entire City Council.
The issue of the possible purchase of the Borton, Petrini and Conron building was referred to the Planning
and Development Committee for consideration. The Committee met on this subject on Tuesday,
November 7, 2006. Staff supplied the Committee with additional information on this subject, copies of
which are attached. The Committee considered the information, asked questions and then voted to have
the full report provided to the City Council at the November 15, 2006 meeting.
Attached you will find the following:
. A memo from my office to the Planning and Development Committee dated November 2, 2006
which provided background information on the building, sources of funds for purchase, changes in
General Fund condition with purchase, the preliminary plan as to where departments will be
located, etc. Attached to the memo is:
o A preliminary Letter of Interest for purchase of the structure, which, if it advances, would be
converted into a purchase agreement; and
o A summary of lease expirations for the building and estimated changes in cash flow based
upon assumed lease terms and City "move in".
. A memo responding to questions raised by Council and the Committee on the potential purchase.
. A "due diligence" report on the estimated repair, upgrade and remodeling costs. Please note that
these costs, which total $1,318,000, are very nearly offset by the first two years of General Fund
savings ($1,084,000). Also, the repair and remodeling costs will be spread over a period of up to
five years. Not all of them are essential. We show them to most fairly depict long-term liabilities.
Please remember that the appraised value is $2.0 million above the purchase price and that the
estimated cost to build a comparable structure is $18 - $20 million.
. The space needs memo presented to the Council at its last session.
November 8, 2006, 11 :37 AM
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AT:al
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 25, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:22 p.m.),
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
Dennis Fox spoke regarding flooding.
3. WORKSHOPS
a. Presentation by the California Partnership for the
San Joaquin Valley regarding the needs of
21 st Century Opportunity".
Councilmember Benham, member of the California
Partnership for the San Joaquin Valley, introduced
fellow members Supervisor Barbara Patrick and Ray
Dezember, who gave an overview of the project.
Motion by Councilmember Couch to approve in
concept the Draft Strategic Action Proposal entitled
liThe San Joaquin Valley's California 21st Century
Opportunity".
APPROVED
4. CLOSED SESSION
a. 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.
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b )(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
Bakersfield, California, October 25, 2006 - Page 2
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:37 p.m.
ACTION TAKEN
APPROVED
Motion by Councilmember Benham to adjourn from
Closed Session at 6:18 p.m.
APPROVED
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Kevin Rhamie, Southside Seventh
Day Adventist Church.
7. PLEDGE OF ALLEGIANCE by Alexandria Crisler, 5th Grade
Student at Shirley Lane Elementary School.
City Manager Tandy introduced the new Human
Resources Manager, Javier Lozano.
Motion by Vice-Mayor Maggard to move Deferred
Business item 16.a. forward to follow Hearing item 14.b.
APPROVED
8. CLOSED SESSION ACTION
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.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)( 1 )(3)(A) of Government Code
Section 54956.9. (One issue)
9. PRESENTATIONS
a.
NO REPORTABLE
ACTION
b.
NO REPORTABLE
ACTION
a. Presentation by Mayor Hall of Proclamation to Nan
Coke, Community Educator, Optimal
Hospice Care, proclaiming November 2006, as
National Hospice and Palliative Care Month.
Nan Coke accepted the Proclamation on behalf of
Optimal Hospice and made comments.
Bakersfield, California, October 25,2006 - Page 3
9.
PRESENTATIONS continued
ACTION TAKEN
b. Presentation by State of California Department of
Housing and Community Development Workforce
Housing Representative of a Workforce Housing
Program Grant Award ($598,126) for Sport Village
Park.
EDCD Director Kunz made comments and
introduced Jennifer Seger, State of California
Department of Housing and Community
Development. Ms. Seger presented the ceremonial
check for $598,126 to the City of Bakersfield.
10. PUBLIC STATEMENTS
a. Rudy Salas introduced himself as the new District
Director for State Senator Dean Florez.
b. Scott Howry, Rich O'Neil, Joanne Newberry, Bob
Moses and Lorraine Unger spoke regarding the
Hillside Ordinance.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 18, 2006,
Joint City/County Meeting and October 11, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from September
29, 2006 to October 12, 2006 in the amount of
$10,726,885.26 and self-insurance payments from
September 29, 2006 to October 12, 2006 in the
amount of $191,040.54.
Ordinances:
c.
Adoption of Ordinance amending Subsection B of
Section 13.12.030 of the Municipal Code relating to
Standard Design Manuals.
ORD 4387
d.
Adoption of Ordinance repealing Section 15.64.380
of the Municipal Code relating to Fire Department
members assuming duties of peace officers.
ORD 4388
Bakersfield, California, October 25,2006 - Page 4
12.
CONSENT CALENDAR continued
e.
f.
Resolutions:
Adoption of Ordinance amending Title 17 (Zone
Map No. 123-11) of the Municipal Code
by changing the zoning from R-3 (Limited Multi-
Family Dwellings-1 ,250 sq ft/dwelling unit) to
C-O (Professional and Administrative Office) on
11,974 sq ft (0.27 acres) located at the
northwest corner of Akers Road and Ardmore
Avenue. (ZC 06-0620) (Applicant: Mcintosh &
Associates/Property Owner: ETMM Partnership
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 102-06) of the Municipal Code by changing the
zoning from E-5A (Estate-5 acre minimum lot size)
to C-2 (Regional Commercial) on 18.79 acres
located at the northwest corner of Snow Road and
Calloway Drive (ZC 06-0380) (Applicant: Marino
and Associates/Property Owner: Julia Randolph, et
al)
ACTION TAKEN
ORD 4389
ORD 4390
g. Resolutions approving applications proposing
proceedings for annexation of uninhabited and
inhabited territory to the City identified as:
1.
Annexation No. 505 consisting of 54.34
acres located west of Cottonwood Road,
generally north of Panama Lane.
Annexation No. 562 consisting of 99.50
acres located at the northeast corner of
Snow Road and Coffee Road, west of
Beardsley Canal.
Annexation No. 564 consisting of 73.54
acres located west of the Beardsley Canal,
east and west of Coffee Road.
Annexation No. 528 consisting of 22.06
acres, located west of S. Chester Avenue
and north of E. White Lane, generally west of
S. Union Avenue.
RES 269-06
2.
RES 270-06
3.
RES 271-06
RES 272-06
4.
Bakersfield, California, October 25,2006 - Page 5
12.
CONSENT CALENDAR continued
ACTION TAKEN
h. Sewer connection fee assessment for 112 E. 7th
Street:
1. Resolution confirming assessment for sewer RES 273-06
connection fee and authorizing the
collection of assessment by the Kern County
Tax Collector.
2. Agreement with Camilo Ramirez Gutierrez & AGR 06-311
Patricia F. Gutierrez to pay sewer
connection fee in installments and notice of
special assessment lien.
i. Resolution determining that Bioxide, a proprietary RES 274-06
chemical for sewer odor control and reduction of
sulfide gas levels, cannot be reasonably obtained
through the usual bidding procedures and
authorizing the Finance Director to dispense with
bidding thereof for a period of one (1) year, not to
exceed budgeted amount of $300,000.
j. Purchase of Motorola Radio Equipment:
1. Resolution determining that Motorola radio RES 275-06
equipment cannot be obtained through
the usual bidding procedures and authorizing
the Finance Director to dispense with
bidding therefore, not to exceed $700,000.
2. Approve the purchase of replacement
mobile, portable and fixed radio equipment
from Motorola Communications, Inc.
($700,000).
k. Memorandums of Understanding for Fire Units:
1. Resolution approving the Memorandum of RES 276-06
Understanding setting salaries and related
benefits for the Firefighters and Engineers
Unit of the Fire Department.
2. Resolution approving the Memorandum of RES 277-06
Understanding setting salaries and
benefits for the Fire Supervisory Unit of the
Fire Department.
I.
Resolution of Intention No. 1489 to add territory,
Area 5-30 (Berkshire, S. Union NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
ROl1489
12.
Bakersfield, California, October 25,2006 - Page 6
CONSENT CALENDAR continued
m.
Agreements:
Resolution of Intention No. 1490 to add territory,
Area 4-64 (8th, R NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works
Director's Report.
ACTION TAKEN
RO/1490
n. Final Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements
with Fairway Oaks South, L.P. for Tract
6079 Phase 4 located south of Southern
Pacific Railroad on Mountain Vista Road.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6290 Phase 3 located at the southeast
intersection of McKee Road and
Mountain Ridge Drive.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6351 Phase 2 located northeast of
Berkshire Ridge Drive and Ashe Road.
Final Map and Improvement Agreements
with K. Hovnanian's Four Seasons of
Bakersfield, LLC for Tract 6444 Phase 2
located north of Panorama Drive and east of
Vineland Road.
5. Final Map with Bakersfield Oak Park, LLC for
Tract 6482 located at the southwest
intersection of Hageman Road and Fruitvale
Avenue.
AGR 06-312
1.
2.
AGR 06-313
AGR 06-314
3.
AGR 06-315
AGR 06-316
4.
AGR 06-317
AGR 06-318
o. Metropolitan Bakersfield Transfer Station and
Refuse Recycling Programs:
Agreement with Kern County to share in
costs (City's share not to exceed $150,000)
to hire consultant to prepare grant
applications for the Metropolitan Bakersfield
Transfer Station and Recycling Programs.
2. Appropriate $150,000 Refuse Fund Balance
to the Public Works Department
operating budget to fund City's share of
consultant cost.
AGR 06-319
1.
Bakersfield, California, October 25, 2006 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
p. Agreement with Bethany Services ($60,880 AGR 06-320
Emergency Shelter Grant funds) to support the
operating costs necessary to continue services at
the Bakersfield Homeless Center located
at 1600 E. Truxtun Avenue.
q. Agreement with Alliance Against Family Violence AGR 06-321
and Sexual Assault ($15,185 Emergency
Shelter Grant funds) to support the operating costs
necessary to continue services.
r. Bakersfield Municipal Airport Ground Leases:
1. Agreement with Richard Macias, Sr. for AGR 06-322
purposes of constructing an aircraft storage
hangar for a monthly lease fee ($40).
2. Agreement with Harry Hackney for purposes AGR 06-323
of constructing an aircraft storage
hangar for a monthly lease fee ($40).
s. Amendment NO.1 to Agreement No. 06-051 with AGR 06-051(1)
State of California (not to exceed $13,421.23
annually) for maintenance of State Highways in the
City.
Bids:
t. Reject all bids for the Fire Station No. 11 roof
replacement project.
u. Extend bid from Quinn Company ($208,217.30) for
one (1) replacement articulated four- wheel drive
loader for the Public Works Department Solid Waste
Division.
v. Accept bid from Yale Industrial Trucks Central
California ($74,829.39) for additional forklifts
for Public Works.
Accept bid and award annual contract to RM AGR 06-324
w.
Industries (not to exceed $80,000) to provide
janitorial and hardscape maintenance services for
the Amtrak Station.
x. Accept bid and award annual contract to United AGR 06-325
Pacific Services (not to exceed $250,000) for tree
trimming.
y. Accept bid and award contract to Jim Clawson AGR 06-326
Automotive Equipment ($244,934) for two (2)
50,000 pound two-post lifts for the Fleet Services
maintenance shop.
Bakersfield, California, October 25, 2006 - Page 8
12.
CONSENT CALENDAR continued
Miscellaneous:
z. Federal Supply Surplus Program:
1. Acceptance of 11 cab and chassis vans from
General Services Administration
Federal Supply Surplus Program.
2. Appropriate $15,000 Equipment
Management Fund balance to the Public
Works Department operating budget to fund
miscellaneous costs associated with
acquisition of the vans.
aa. Gang Resistance Education and Training
(G.R.E.A.T.) grant award from U. S. Department
of Justice:
1. Appropriate $206,864 Federal Grant
Revenues to the General Fund Police
Operating Budget.
2. Authorize (1) Police Officer position.
3. Authorize (1) Clerk Typist position.
bb. Appropriate $1,000,000 Additional Water Revenue
to the Capital Improvement Budget within the
Agriculture Water Fund toward construction of the
Mill Creek Project.
cc. Appropriate $2,400 Transportation Development Act
Article 3 Grant for bicycle storage lockers at the Ice
Sports Center and McMurtrey Aquatic Center to the
Capital Improvement Budget within the Bikeway and
Pedestrian Pathway Fund.
Transfer $1,300,000 from several budgeted Capital
Improvement Projects and appropriate same
amount to the Public Works Capital Improvement
Budget for acquisition of property for the Westside
Parkway within the Transportation Development
Fund.
ee. Dedication of freeway right of way at Ashe Road
and Taft Highway to Caltrans
dd.
City Clerk McCarthy announced a correction to item
12.n.3. to read, "Tract 6351 Phase 2 located at the
northeast intersection of Berkshire Road and Ashe
Road."
ACTION TAKEN
DEED 6545
Bakersfield, California, October 25,2006 - Page 9
Motion by Vice-Mayor Maggard to adopt Consent
Calendar items 12.a. through 12.ee., with correction to
item 12.n.3.
ACTION TAKEN
APPROVED
13. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution ordering the
vacation of portions of Owens Street, E. 19th Street
and the alley located at the northwest corner of E.
Truxtun Avenue and Gage Street.
Public Hearing to consider resolution approving an
amendment to the Specific Parks and Trails Plan for
Northeast Bakersfield to add the Rio Bravo
annexation area into the plan. (Applicant: San
Joaquin Engineering)
RES 278-06
b.
RES 279-06
Hearings opened at 7:04 p.m.
No one spoke.
Hearings closed at 7:04 p.m.
14. HEARINGS
a.
Public Hearing to consider Resolution of Necessity
to consider the acquisition by eminent domain of
property owned by B H Investments, Inc., located at
2144 Parker Lane, for the Westside Parkway.
RES 280-06
DEED 6546
City Manager Tandy and City Attorney Gennaro
made staff comments.
Hearing opened at 7:08 p.m.
No one spoke.
Hearing closed at 7:08 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution
of Necessity.
APPROVED
Bakersfield, California, October 25, 2006 - Page 10
14.
HEARINGS continued
ACTION TAKEN
b. Public Hearing to consider the proposed
expenditure plan for the Supplemental Law
Enforcement Services Funding (S.L.E.S.F.) grant.
1. Appropriate $606,924 State Grant revenues
to the Police Operating Budget within the
S.L.E.S.F. Fund.
Assistant Chief Lynn made staff comments.
Hearing opened at 7:11 p.m.
No one spoke.
Hearing closed at 7:11 p.m.
Motion by Councilmember Carson to approve the
expenditure and appropriate funds.
16. DEFERRED BUSINESS
APPROVED
a.
First Reading of Ordinance approving a Negative
Declaration and amending Chapter 17.66 of the
Municipal Code relating to HD, Hillside Development
Combining Zone.
FR
City Clerk McCarthy announced correspondence
was received regarding this item, one letter in
support of the Ordinance and one letter in
opposition to the Ordinance.
Development Services Director Grady made staff
comments.
Motion by Vice-Mayor Maggard to give First Reading to
the Ordinance Amendment.
APPROVED
Bakersfield, California, October 25,2006 - Page 11
15.
REPORTS
ACTION TAKEN
a.
Reports from Pacific Gas & Electric Company (P G
& E):
1. Report on SmartMeter Communication
Equipment and, Agreement with P G & E for
the purpose of allowing attachment of
SmartMeter communication equipment to
City-owned street light poles at various
locations in the City.
AGR 06-327
Scott Loveless, PG&E gave a computer
presentation on SmartMeter Communication
Equipment.
2. Report on Sale of Kern Power Plant located
on Rosedale Highway.
Craig Schmidt gave a report on the sale of the Kern
Power Plant on Rosedale Highway.
Motion by Councilmember Couch to approve the
Agreement.
APPROVED
b. Report regarding space needs in the City.
Assistant City Manager Stinson gave a presentation
and provided handouts.
Coucilmember Couch requested the committee provide
Council with regular status updates regarding space
needs.
Motion by Councilmember Benham to refer the issue to
the Planning and Development Committee.
APPROVED
c. Report on the General Services Administration
(GSA) response to the City/Bakersfield
Redevelopment Agency letter regarding a Federal
Courthouse in Downtown.
Councilmember Benham requested staff explore the
concept of utilizing the east portion of Central Park for
a possible location and meet as soon as feasible
with the GSA and Court in an effort to resolve
differences regarding space requirements and a
donated site.
Bakersfield, California, October 25, 2006 - Page 12
17.
NEW BUSINESS
ACTION TAKEN
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff respond to
two items and provided contact information.
Councilmember Benham invited colleagues and citizens
to attend dedication of the Korean War Veterans
Memorial in Jastro Park at 10:00 a.m. Saturday, October
28, 2006.
Councilmember Benham extended best wishes to Vice-
Mayor Maggard's son, Andrew, who is leaving tomorrow for
the military.
Councilmember Benham requested Mayor Hall adjourn the
meeting in memory of Lester Domenico Baroncini, Jr., who
died October 15th while serving our country in Iraq.
Councilmember Couch requested staff evaluate
assisting LAFco by granting that organization
permission to utilize the City Council Chamber facility
for meetings and telecasting purposes and possible
fees for those services.
Councilmember Couch requested the Mayor recognize Dr.
Levin for his contribution to Bakersfield College.
Councilmember Couch complimented Luis Peralez on his
exceptional service to the City.
Councilmember Couch requested staff provide Council
a report regarding long term improvements at the
intersection of Truxtun Extension and Coffee.
Councilmember Couch requested information
regarding the feasibility of crediting tax monies to
residents of gated communities since those
communities do not receive street sweeping services.
Councilmember Couch requested the Planning and
Development Committee address jointly working with
the County on a General Plan Update.
Councilmember Couch requested the Planning and
Development Committee analyze making block wall
extensions such as those at the northeast corner of
Coffee and Snow a standard condition and part of
the current Ordinance.
Bakersfield, California, October 25, 2006 - Page 13
ACTION TAKEN
18. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Couch requested Finance Director
Smith contact him regarding updating the Investment
Policy and utilization of professional money managers.
Councilmember Carson requested staff provide
information regarding a completion date for repair of
streets, west of Chester, between Chester and H Street,
on Sylvia Drive and Antonio Way.
Councilmember Carson requested the next Council
meeting be adjourned in memory of Lueether Ward.
Councilmember Scrivner thanked staff for expeditious
response to his referrals.
Councilmember Scrivner made comments regarding the
shooting in Ward 7, extended condolences to the family of
the deceased and to the surviving victims.
Councilmember Hanson made comments regarding a letter
of appreciation from Terry Purrington.
Councilmember Hanson requested staff evaluate the
feasibility of expediting the construction of the park
planned off of Buena Vista.
Councilmember Hanson requested information regarding
recruitments. City Manager Tandy responded.
Councilmember Hanson thanked Planning Director Movius,
Fire Chief Fraze and others involved staff for work on the
Hillside Ordinance Amendment; additionally expressed
appreciation for Debbie Marino from the Chamber of
Commerce for presenting that organization's view.
Coucilmember Hanson requested staff provide a status
update regarding URS. Public Works Director Rojas
responded.
Councilmember Hanson requested staff respond to an
email from Krista Clark.
Councilmember Hanson requested information
regarding the drainage issue at Montalvo and Dos Rios.
Public Works Director Rojas responded.
Council member Sullivan made comments regarding the
shootings in Ward 7.
Bakersfield, California, October 25, 2006 - Page 14
18.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Council member Sullivan made comments regarding the
retirement of George Gonzales.
Councilmember Sullivan requested Recreation and
Parks Director Hoover present an update regarding
Christmas decorations at the next Community Services
Committee meeting.
Councilmember Sullivan requested Recreation and
Parks Director Hoover plan Christmas decorations for
City Hall and City Hall grounds, particularly at the
corner of Truxtun and Chester.
19 . ADJOURNMENT
Mayor Hall adjourned the meeting at 9:35 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield