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BAKERSFIELD CITY COUNCIL
AGENDA
FEBRUARY 7, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. CONSENT CALENDAR
(Ward 3,4,5,6)* c.
(Ward 3)
(Ward 1,2,6,7) f.
(Ward 1) g.
(Ward 4)* i.
. - upon annexation
Minutes:
a. Approval of minutes of the January 17, 2007 Special and Regular City Council Meetings.
Payments:
b. Approval of department payments from January 5, 2007 to January 25, 2007 in the amount
of $14,068,121.04 and self-insurance payments from January 5, 2007 to January 25, 2007 in
the amount of $287,604.55.
Ordinances:
Adoption of Ordinance amending Municipal Code Sections 1.12.030, 1.12.040, 1 .12.050
and 1.12.060 by adding Annexation No. 516 consisting of 25.94 acres located north of Kern
Canyon Road generally east of Morning Drive to Ward 3, Annexation No. 504 consisting of
1.08 acres located north of Snow Road east of the Friant-Kern Canal and west of Calloway
Drive to Ward 4, Annexation No. 500 consisting of 80.65 acres located generally south of
Panama Lane west of Old River Road and Annexation No. 511 consisting of 78.83 acres
located at the northeast corner of McCutchen Road and Buena Vista Road to Ward 5 and
Annexation No. 508 consisting of 43.39 acres located at the southeast corner of McCutchen
Road and Ashe Road to Ward 6. (FR 1/17/07)
Adoption of Ordinance amending Title 17 of the Municipal Code and Zone Map No. 103-25
by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family
Dwelling) on .33 acre located at 7400 Niles Street approximately .5 mile west of Morning
Drive. (ZC 06-1766) (Applicant: M S Walker & Associates, Inc./Property Owners: Eliseo
Jara, Jr., H. Susan Barnett and Michael S. Walker) (FR 1/17/07)
Resolutions:
d.
e.
Resolution approving the submittal of an application to the California Integrated Waste
Management Board for the Waste Tire Cleanup Grant for a period of one year (2006-2007).
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of weeds, debris and
waste matter and authorize collection of the assessments by the Kern County Tax Collector.
Resolution dispensing with bidding under Section 3.20.060 of the Municipal Code for design/
build method for power conversion at the S. Mt. Vernon Green Waste Recycling Facility.
Resolution opposing the list of projects recommended by the State Department of
Transportation for the 2006 SR 99 Bond Program.
Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 552 consisting of 2.45 acres located on the
north side of Brimhall Road, west of Calloway Drive.
h.
(Ward 3)
3. CONSENT CALENDAR continued
j.
(Ward 4)
(Ward 2)
(Ward 7)
(Ward 5)
(Ward 3)
(Ward 2)
(Ward 3)
(Ward 1)
(Ward 5)
(Ward 7)
(Ward 4,5)
(Ward 1)
(Ward 3,4)
. - upon annexation
Resolution adding territory, Area 4-67 (Morning/Paladino NW) to the Consolidated
Maintenance District, confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 1-67 (Brimhall/Calloway NW) to the Consolidated
Maintenance District, confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1500 to order the vacation of the alley in Block 7 of Alta Vista
Tract, south of Bernard Street and west of Inyo Street.
Resolution of Intention No. 1501 to add territory, Area 3-61 (Akers/lronrock SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1502 to add territory, Area 3-62 (Mountain Vista/Berkshire NE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1503 to add territory, Area 4-68 (Panorama/Rivani NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1504 to add territory, Area 4-69 (Union/E California NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1505 to add territory, Area 4-70 (CollegeNalencia SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1506 to add territory, Area 5-31 (Pacheco/Cottonwood NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1507 to add territory, Area 3-63 (Harris/Old River SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1508 to add territory, Area 5-32 (Hosking/Shannon SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
k.
I.
m.
n.
o.
p.
q.
r.
s.
1.
u.
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Fairways at Riverlakes, L. P. for Tract
6050 Phase III located at the southwest intersection of Norris Road and Coffee Road.
2. Final Map and Improvement Agreements with Frontier Ranch, LLC for Tract 6364
Phase 3 located at the northeast corner of Reina Road and Renfro Road.
Agreement with Bob Hooper ($40 monthly fee) for purposes of constructing an aircraft
storage hangar.
Agreement with Pacific Gas and Electric ($194,893.75) to purchase 97 streetlights.
v.
w.
2
3. CONSENT CALENDAR continued
x. Environmental Impact Report Processing:
1. Agreement with Land Consulting Services, Inc. (not to exceed $100,000) to assist the
Planning Division staff with processing Environmental Impact Reports.
2. Appropriate $100,000 developer's contribution to the Development Services
operating budget.
Agreement with KSA Partners (not to exceed $850,000) for HOME Investment Partnership
(HOME) funds to develop 72 affordable family apartments at 1601 Lotus Lane.
(Ward 1)
(Ward 2)
, aa.
y.
z. Assignment of Regional Surface Transportation Program (RSTP) funds:
1. Agreement with City of McFarland (payment of $277,940 to acquire $427,600 of
RSTP funds) for assignment of RSTP funds.
2. Transfer $277,940 from a Public Works Department's Capital Improvement Budget
(Resurfacing-Engineering) within the Capital Outlay Fund to fund this agreement.
3. Appropriate $427,600 RSTP funds to the Public Works Department's Capital
Improvement Budget within the ISTEA fund for street resurfacing projects.
4. Transfer $55,400 from two Public Works Department's Capital Improvement Projects
(Guardrail Improvement Coffee and Reconstruct Various Streets 2005-06) and
appropriate $55,400 as the local match for the assigned RSTP funds within the Gas
Tax Fund.
Management Agreements:
1. Agreement with SMG for managing and booking services at Bright House Networks
Amphitheatre.
2. Amendment No. 1 to Agreement No. 03-098 with SMG regarding management of
Convention Center, Arena and Ice Rink.
Amendment No. 1 to Agreement No. 05-285 with Mountain View Bravo, LLC for Assessment
District No. 05-1 (City in the Hills) to allow developer to receive bond proceed
reimbursements for construction improvement sooner than the existing 90 day requirement.
cc. Amendment No.1 to Agreement No. 04-053 (CA 03-015) with Duane Morris ($10,000 total
not to exceed $60,000) for outside legal services in the matter before the California Public
Utilities Commission relating the railroad crossing in the City.
Accept bid to award contract to A. C. Electric ($113,847) for traffic signal lighting installation
on Panama Lane at Buena Vista Road.
Traffic signal and lighting system installation on Allen Road at Palm Avenue:
1. Accept bid and award contract to A-C Electric ($144,185.65) for project.
2. Transfer $196,000 from the Public Works Department's Capital Improvement Project
(Miscellaneous Transportation Construction) to this project within the Transportation
Development Fund.
ff. Accept bid from Hi Standard Automotive ($100,163.56) for Iightbars and sirens.
(Ward 3)
bb.
Bids:
(Ward 5)
dd.
(Ward 4)
ee.
Miscellaneous:
Staff recommends adoption of Consent Calendar items a through ff.
3
(Ward 1)
4. CONSENT CALENDAR HEARINGS
a.
General Plan Amendment/Zone Change No. 06-2022; Mel Heinemann, representing himself,
Jack & Nuha Haddad and the City (property owners) has applied for a general plan
amendment and zone change on approximately 40 acres located at the southwest corner of
E. Planz Road and Washington Street (future) and on approximately 40 acres located at the
southeast corner of Cottonwood Road and E. Berkshire Road (future). (Staff recommends
adoption of resolution and give first reading to ordInance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LI (Light Industrial) and HI
(Heavy Industrial) to P (Public Facilities) on approximately 40 acres and from R-IA
(Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on
approximately 40 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map Nos. 124-16 and 124-28 from M-1 (Limited
Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40
acres and from A (Agriculture) to PUD (Planned Unit Development) on approximately
40 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). (Case withdrawn by applicant, contingent upon
approval of GPAlZC 06-2022. If GPAlZC 06-2022 Is not approved, staff recommends denial of
the proposed general plan amendment and zone change.)
1. Resolution denying the general plan amendment changing the land use designation
from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density
Residential) on 39.29 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and Zone Map
No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to PUD
(Planned Unit Development) on 39.29 acres.
General Plan Amendment/Zone Change No. 06-0940; Mcintosh & Associates representing
Mountain View Bravo, LLC (property owner) has applied for a general plan amendment and
zone change on approximately 47.25 acres located along the north side of Highway 178,
east of the future extension of Vineland Road, south of City Hills Drive and west of Canteria
Drive. (Staff recommends adoption of resolution and give first resdlng to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial) and
LR (Low Density Residential) to LMR (Low Medium Density Residential) on 47.25
acres.
(Ward 1)
(Ward 3)
b.
c.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map Nos. 104-17 and 104-20 from C-2 (Regional
Commercial) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit
Development) on 37.74 acres and R-1 (One Family Dwelling) to R-2/PUD on 9.51
acres.
4
(Ward 3)
4. CONSENT CALENDAR HEARINGS continued
d.
General Plan Amendment/Zone Change No. 06-0668; Joseph Gergen, representing Church
of Christ of East Bakersfield (property owner) has applied for a general plan amendment and
zone change on approximately 6 acres located along the north side of Bernard Street
approximately 900 feet west of Oswell 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 HR (High Density Residential) to
HMR (High Medium Density Residential) on 5 acres and MC (Major Commercial) to
HMR on one acre.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 103-22 from PUD (Planned Unit
Development) to R-2 (Limited Multiple Family Dwelling) on 5 acres and R-1-CH (One
Family Dwelling/Church Combining) to R-2 on one acre.
General Plan Amendment/Zone Change No. 06-0544; Third Day Investments Group, LLC,
representing themselves, Roger C. Alfred, Michael Hawkins, Iva Hawkins, Dark Investments,
LLC, RAM Financial Services, Inc. (property owners) has applied for a general plan
amendment and zone change on 10 acres located on the west side of Vineland Road, north
and south of Panorama 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 LR (Low Density Residential) to
HMR (High Medium Density Residential) on 10 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 104-18 from R-1 (One Family Dwelling)
to R-2 (Limited Multiple Family Dwelling) on 10 acres.
General Plan Amendment/Zone Change No. 06-0961; Sikand Engineering, representing Sky
21, LLC and Northeast 21 Ventures, LLC (property owners) has applied for a general plan
amendment and zone change on 634.:!: acres generally located east of Kern Canyon Road
(Highway 184) approximately 1 ~ miles north of Breckenridge Road, between the future
extension of Edison Road on the west and Comanche Drive to the east. (Staff recommends
adoption of resolutions and give first reading to ordinance.)
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for GPA/ZC No. 06-0961.
2. Resolution adopting the general plan amendment changing the land use designations
from OS (Open Space), ER (Estate Residential), R-MP (Resource-Mineral
Petroleum) and SR (Suburban Residential) to HR (High Density Residential) on 45
acres, HMR (High Medium Density Residential) on 275 acres, and LR (Low Density
Residential) on 124 acres and a General Plan Circulation Element Amendment to re-
align an arterial street (Masterson Street/Edison Road) and re-align a separate
collector street (Chase Avenue).
3. First Reading of Ordinance amending Title 17 of the Municipal Code and amending
Zone Map No. 104-21 from RH (Residential Holding) to R-1/PUD (One Family
Dwelling/Planned Unit Development) on 217 acres, R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 326 acres and R-3/PUD (Multiple Family
Dwelling/Planned Unit Development) on 91 acres.
(Ward 3)
(Ward 3)
. - upon annexation
e.
f.
5
4. CONSENT CALENDAR HEARINGS continued
(Ward 3)
(Ward 3)*
(Ward 4)*
(Ward 5,6)*
. - upon annexation
g.
General Plan Amendment/Zone Change No. 06-1018; Cal-Kern Development III, LLC has
applied for a general plan amendment and zone change on 41 acres located on the north
side of Morning Drive approximately ~ mile north of the Paladino Drive/Morning Drive
intersection. (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 OS-S (Open Space-Slopes) and
R-MP (Resource-Minerals & Petroleum) to LR (Low Density Residential) on 41 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and amending Zone Map No. 104-07 from A (Agriculture) to
R-1 (One Family Dwelling) on 20.5 acres and A-HD (Agriculture-Hillside
Development) to R-1-HD (One Family Dwelling-Hillside Development) on 20.5 acres.
Public Hearing to consider an appeal by James B. Wiens, Clifford and Brown, representing
Mr. & Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R. Lehr, of the Planning Commission
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 give first reading to
ordinance.)
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 Road.
General Plan Amendment/Zone Change No. 06-1692; Adavco, Inc., representing Bidart
Brothers, LLC (property owner) has applied for a general plan amendment and zone change
on approximately 39.41 acres located on the north side of Etchart Road, between Calloway
Drive and Coffee 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 SR (Suburban Residential) to LR
(Low Density Residential) on 39.41 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 102-05 from E (Estate Residential) to
R-1 (One Family Dwelling) on 39.41 acres.
General Plan Amendment/Zone Change No. 06-1014; The Lusich Company, representing
Old River Road, LLC (property owner) has applied for a general plan amendment and zone
change on approximately 99.5 acres located north of McCutchen Road between Old River
Road to the west and Progress Road to the east. (Staff recommends adoption of resolution
and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on 99.5 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 123-29 from A (Exclusive Agriculture) to
R-1 (One Family Dwelling) on 99.5 acres.
h.
i.
j.
6
4. CONSENT CALENDAR HEARINGS continued
(Ward 5,6)*
(Ward 5,6)*
k.
General Plan Amendment/Zone Change No. 06-0535; Dave Dmohowski, representing John
Bianchi (property owner) has applied for a general plan amendment and zone change on
approximately 21.5 acres located at the northeast corner of Taft Highway and Buena Vista
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 GC (General Commercial) on 16.5 acres and OC (Office Commercial)
on 5 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and amending Zone Map No. 123-31 from A (Exclusive
Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development)
on 16.5 acres and C-O (Professional and Administrative Office) on 5 acres.
I. 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). An appeal of the
Planning Commission 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 Zone Map No. 123-32 from A (Agriculture) to R-1 (One
Family Dwelling) on approximately 46 acres.
Staff recommends item be con,tinued to next GPA cycle.
General Plan AmendmenVZone Change No. 06-0938; Mcintosh & Associates for Centex
Homes, representing Tommye Joe Baroncini (property owner) has applied for a general plan
amendment and zone change on 20 acres located at the southeast corner of Taft Highway
and Ashe Road. (Staff recommends adoption of resolution and give first reading to
ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from RR (Rural Residential) to LMR
(Low Medium Density Residential) on 20 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 142-03 from R-S-20A (Residential
Surburan-20 acres minimum) to R-2 (Limited Multiple-Family Dwelling) on 20 acres.
5. CLOSED SESSION
(Ward 6)*
m.
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code Section 54956.9 - Claim of Caden Waskom.
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. DKS Investments, LLC, et al v City
2. John M. Tarabino, et al v City, et al
c. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9. (4 issues)
7
RECONVENED MEETING - approximately 6:30 p.m.
6. ROLL CALL
7. INVOCATION by Reverend Don Vereen, Lighthouse Christian Ministries and Lt. Governor of Kiwanis
Division 33.
8. PLEDGE OF ALLEGIANCE by Bethany Dominguez, Kindergarten Student at Virginia Avenue School.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Don Vereen, Lieutenant Governor of Kiwanis
Division 33, proclaiming February 13, 2007, as Kiwanis Club of Bakersfield Day.
b. Presentation by Mayor Hall of Proclamation to Janice Horcasitas, President, American
Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 18-24, 2007,
as National Engineers Week.
10. CLOSED SESSION ACTION
11. PUBLIC STATEMENTS
12. HEARINGS
(Ward 4)*
(Ward 5)
. - upon annexation
General Plan Amendment/Zone Change No. 06-1037; Cornerstone Engineering, Inc.,
representing Christ Cathedral Church (property owner) has applied for a general plan
amendment and zone change on 20 acres located along the north side of Rosedale Highway
approximately 660 feet west of Allen Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from UER (Urban Estate Residential)
to SR (Suburban Residential) on 11.54 acres and LR (Low Density Residential) on
8.46 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.1 01-23 from County A (Agriculture) to E
(Estate) on 11.54 acres and R-1-CH (One Family Dwelling/Church) on 8.46 acres.
Staff recommends adoption of resolution and give first reading to ordinance.
a.
General Plan Amendment/Zone Change No. 06-0925; Mcintosh and Associates,
representing John Glenn Carmichael, Paul Dale Carmichael, Julie Anne Carmichael Curtis,
Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr., Estate of
Hilton Frazier Wall, Jr., John Richard Wall, James Pearson Wall, Jr. (property owners) has
applied for a general plan amendment and zone change on 60 acres located at the northeast
corner of Panama Lane and South Allen Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on 60 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 122-24 from A-20A (Agriculture-20 acre
minimum) to R-1 (One Family Dwelling) on 60 acres.
Staff recommends adoption of resolution and give first reading to ordinance.
b.
8
12. HEARINGS continued
(Ward 5,6)
General Plan Amendment/Specific Plan/Zone Change No. 03-1544; Castle and Cooke,
California, Inc. (property owner) has applied for a general plan amendment, specific plan
adoption, zone change and development agreement approval for the West Ming project on
2,184 acres generally located between Ming Avenue (extended) and the Southern Pacific
Railroad, Buena Vista Road and future West Beltway.
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Specific Plan Approval/Zone Change No.
03-1544, known as the West Ming Project.
2. Resolution adopting the general plan amendment changing the land use designations
from R-IA (Resource-Intensive Agriculture), R-MP (Resource-Mineral Petroleum) and
OS (Open Space) to West Ming Specific Plan and change the Kern River Plan
Element Land Use Designations from 8.1 (Intensive Agriculture), 8.1/2.1 (Intensive
Agriculture/Seismic Hazard Overlay), 8.4 (Mineral and Petroleum) and 2.5 (Flood
Plain Overlay) to West Ming Specific Plan and amending the Circulation Element to
change the Circulation Element alignment of the collector roads within the project
boundaries to deviate from the current grid pattern, re-designate White Lane and
Ming Avenue (west of South Allen Road) from arterials to collectors as shown in the
West Ming Specific Plan.
3. Resolution approving the West Ming Specific Plan changing the existing Metropolitan
Bakersfield General Plan and the Kern River Plan Element Land Use Elements to
WM-LR (West Ming-Low Density Residential) on 448 acres; to WM-LMR (West Ming-
Low Medium Residential) on 980 acres; to WM-HMR (West Ming-High Medium
Density Residential) on 378 acres, to WM-HR (West Ming-High Density Residential)
on 43 acres, to WM-GC (West Ming-General Commercial) on 41 acres, to WM-OC
(West Ming-Office Commercial) on 9 acres, WM-MU (West Ming-Mixed Use) on 63
acres and to WM-SU (West Ming-Special Use) on 220 acres.
4. Resolution approving amendment to Title 17 of the Municipal Code by adopting the
West Ming Specific Plan zoning for the project site changing the zoning to WM-R1
(West Ming One Family Dwelling) on 448 acres, WM-R2 (West Ming Limited Multiple
Family Dwelling) on 1,358 acres, to WM-R3 (West Ming Limited Multiple Family
Dwelling) on 43 acres, to WM-CO (West Ming Professional and Administrative Office)
on 41 acres, to WM-GC (West Ming General Commercial) on 9 acres to WM-TC
(West Ming Town Center) on 63 acres and to WM-SU (West Ming Special Use) on
220 acres.
5. Resolution approving the Development Agreement.
Staff recommends adoption of resolutions.
c.
13. COUNCIL AND MAYOR STATEMENTS
14. ADJOURNMENT
2/1/079:45am
ResB CtfUII~ttey
,/?A1/
an Tandy
City Manager .
9
,
II
AGENDA HIGHLIGHTS
FEBRUARY 7, 2007 COUNCil MEETING
REGULAR ME~TING 5:15 D.m.
CONSENT CALENDAR
Aareements
Item 3y. Aareement. with KSA Partners for HOME Investment Partnershio (HOM) Funds to Develoo 72
Affordable Familv Aoartments at 1601 Lotus Lane in an amount not to exceed $850.000. These HOME funds
will primarily be used to pay for impact and permit fees, PG&E utility hook-up costs and related finance fees
which are eligible costs under the HOME entitlement program. Funds are available under the New
Construction Assistance program budget from the FY 2005-06 HOME entitlement.
The project, King's Square Family Apartments, is a low-income housing tax credit project, with an estimated
cost of $13.5 million. The City's assistance will establish 11 of the 72 apartments as HOME-assisted "floating"
units. A maximum of 8 of the HOME-assisted units may be rented to low-income persons at or below 60% of
the area median income, and at least 3 units will be rented to low-income persons at or below 50% of the area
median income. All units of the project will be rented to households and families of low- and/or very-low
Income. Construction is anticipated to begin by spring of 2007, with completion by fall of 2008.
The $850,000 will be a loan at 3% interest and paid back to the City out of residual receipts for a term of 20
years, corresponding to the affordability period of the HOME financing, and secured by a Deed of Trust on the
property. As part of the overall financing, KSA Partners will be receiving construction financing from
Washington Mutual Bank (WMB) that will convert to permanent financing upon completion with WMB's security
interest in a first position and the City's security interest in a second position. To insure this lien priority during
the project affordability period, WMB will be requiring the City to execute a subordination agreement.
Item 3z. Reoional Surface Transoortation Proaram (RSTP) funds. The portion of RSTP funding allotted to
Kern County is apportioned to communities through Kern COG. The City of McFarland's apportioned amount
of RSTP funds is $427,600, which they offered to exchange to the City of Bakersfield for $277,940 in
compensation, 65% of.the RSTP fund's value. The City of McFarland has offered this discounted exchange
because .theycurrently have no projects that qualify for use of RSTPfunds in addition to the extra time
required for processing State and Federal paperwork associated with federal funding. This exchange would
result in a net increase in funding to Bakersfield of $149,660 ($427,600 - $277,940 = $149,660). Kern COG
has already approved this exchange.
Item 3aa. Manaaement Aareements with SMG. The first agreement involves management and booking
services of the Bright House Networks Amphitheatre. Based on SMG's success at managing and booking
events at the Arena and Convention Center, staff believes it is in the City's best interest to contract SMG to
manage the Amphitheatre, also. SMG will receive $1,500 per month for services as well as an annual
incentive of 10% of net revenues. Additionally, the City will pay the salary and benefits for an event
coordinator to oversee the managemenVbooking service. SMG will coordinate with Recreation and Parks staff
to ensure there are no conflicts involving other events at The Park at Riverwalk.
The second item is an amendment to Agreement No. 03-098 to manage the Arena, Convention Center and Ice
Rink. The contract expires on ~une 30, 2008. SMG does an excellent job. Financials and bookings for the
building are excellent. In order to recruit and retain employees, and to book in "out years," extension of the
current contract is necessary. Staff is recommending extending the agreement to June 30, 2013.
Agenda Highlights
February 7, 2001 .\'
Page 2
CONSENT CALENDAR HEARINGS
With the exception of Items 4b., 4h. and 41., the Planning Commission conducted public
hearings on items listed below on December 21, 2006 and recommended approval to the
City Council. No Individuals or agencies present at the hearings opposed the requests
and the applicants agreed to all conditions and mitigation for the projects. As far as staff
is aware, Issues with 4b. and 4h. have been settled.
Items 4a. and 4b. General Plan Amendments and Zone Chanoes on Aooroximatelv 40 Acres Located at the
Southwest Corner of E. Planz Road and Washinoton Street (future), and on Aooroximatelv 40 Acres Located
at the Southeast Corner of Cottonwood Road and E. Berkshire Road (future). These related items are a bit
unusual. Item 4b. is a zone change request from Mr. Heinemann at East Planz and Washington from an
earlier GPA cycle which staff had recommended denial of because the residences would have been too close
to the Wastewater Treatment Plant.
. On January 17, 2007, Council approved a property trade with Mr. Heinemann under which the City becomes
the owner of the East Planz and Washington property In exchange for like acreage from our farm at
Cottonwood and Berkshire. Item 4a. is the zoning request for the Cottohwood/Berkshire property.
If the consent calendar is approved and the recommended property trade is completed, both properties are
properly zoned. If, for any reason, Item 4a. is not approved, the trade is not complete and Mr. Heinemann
wishes to appeal the negative staff recommendation on the original parcel (Item 4b.).
Item4c. General Plan Amendment and Zone Chanoe on Aooroxlmatelv 47.25 Acres Located alono the North
Side of Hlohwav 178, East of the Future Extension of Vineland Road. South of City Hills Drive. and West of
Canteria Drive. Mcintosh & Associates, representing Mountain View Bravo, LLC, the property owner, propose
development of approximately 452 residential units.
Item 4d. General Plan Amendment and Zone Chanoe on Aooroximatelv 6 Acres Located alono the North Side
of Bernard Street. Aooroximatelv 900 Feet West of Oswell. Joseph Gergen, representing Church of Christ of
East Bakersfield, the property owner, propose development of 76 multi-family homes upon annexation.
Item 4e. General Plan Amendment and Zone Chance on 10 Acres Located on the West Side of Vineland
Road. North and South of Panorama Drive. Third Day Investments Group, LLC, representing Third Day
Investment Group, LLC, Roger C. Alfred, Michael Hawkins, Iva Hawkins; Dark Investments, LLC, RAM
Financial Services Inc., the property owners, propose development of 80 multiple-family residential dwelling
units.
Item 4f. General Plan Amendment and Zone Chanoe on Aooroximatelv 634 Acres Generallv Located East of
Kern CanYOn Road (Hiohwav 184), Aooroximatelv 1% Miles North of Breckenridoe Road. Between the Future
Extension of Edison Road on the West and Comanche Drive. to the East. Sikand Engineering, representing
Sky 21, LLC and Northeast 21 Ventures, LLC, the property owners, propose construction of a maximum of
3,181 units. The project is commonly known as Riverview Development. Staff conducted an initial study and it
was determined that the project could have a significant environmental effect. Therefore; in accordance with
CEOA, an EIR was prepared. The Planning Commission recommended Final EIR for certification.
Item 4g. General Plan Amendment and Zone Chanoe on 41-Acres Located on the North Side of Momino
Drive. Aooroximatelv ~ Mile North of the Paladino Drive/Mornino Drive Intersection. Cal-Kern Development III,
LLC proposes development of 180 single-family residential dwelling units.
,..
~\
!l
Agenda Highlights
February 7. 2007
Page 3
Item 4h. Public Hearinc to Consider an Aooeal of the Planninc Commission's Decision to Aoorove a ReQuest
to Pre-Zone 20 Acres from A (Acriculture) to R-S (Residential Suburban) Located on the South Side of Pioneer
Drive (extended). Aooroximatelv 660 Feet East of Vineland Drive. Appellants: James B. Wiens, Clifford and
Brown, representing Mr. and Mrs. Glen H. Stoller, Craig W. Stoller and Ronald R. Lehr. Applicants: Marino
and Associates, representing PatriCia Crawford, et al (property owners). The reason for the request is to bring
the zoning into conformance with the existing SR (Suburban Residential) General Plan Land Use designation
on the subject property. The applicant and appellant have met and agreed to the conditions of approval which
are listed in the administrative report. This item was continued from the November 15, 2006 Council meeting.
Item 4/. General Plan Amendment and Zone Chance on Aooroximatelv 39.41 Acres Located on the North
Side of Etchart Road. between Callowav Drive and Coffee Road. Adavco, Inc. representing Bidart Brothers,
LLC, the property owner, proposes development of approximately 220 residential units.
Item 4). General Plan Amendment and Zone Chance on Aooroximatelv 99.5 Acres. Located North of
McCutchen Road between Old River Road to the West and Procress Road to the East. The Lusich Company,
representing Old River Road, LLC, the property owner, propose development of approximately 330 residential
units upon annexation. The Sierra Club submitted written comments.
Item 4k. General Plan Amendment and Zone Chance on Aooroximatelv 21.5 Acres Located at the Northeast
Corner of Taft Hichwav and Buena Vista Road. Dave Dmohowski, representing John Bianchi, the property
owner, proposes development of approximately 230,000 square feet of office and retail gross leasable area
upon annexation.
Item.41. General Plan Amendment and Zone Chance on Aooroximatelv 46. Acres Located at the Northwest
Corner of Gosford Road and McKee Road (future), This item has been scheduled previously for Council
consideration, the last time being November 15, 2006. Staff continues to work with the applicant to resolve
outstanding issues. Staff recommends continuing this item until the next GPA cycle.
Item 4m. General Plan Amendment and Zone Chance on 20 Acres Located at the Southeast Comer of Taft
Hichwav and Ashe Road. Mcintosh & Associates for Centex Homes, representing Tommye Joe Baroncini,
the property owner, proposes development of 100 single-family homes (home-sites to be less than 6,000
square feet) upon annexation.
Council will adlourn to Closed Session followlno the comDletlon of the Consent Calendar Hearlnos
CLOSED SESSION
There will be conferences with legal counsel regarding one case of potential litigation, two cases of existing
litigation and four issues of potential initiation of litigation.
HEARINGS
Item 12a. General Plan Amendment and Zone Chance on 20 Acres Located Alonc the North Side of
Rosedale Hichwav. Aooroximatelv 660 Feet West of Allen Road. Cornerstone Engineering, Inc., representing
Christ Cathedral Church, a California Corporation, the property owner, proposes development of 26 single-
family residential units upon annexation. Four property owners who live in the project area spoke on the
proposal. Their concerns were mainly on traffic congestion along Rosedale Highway and Allen Road and
vicinity. Wording to Condition #12 was added that dealt with traffic to and from the project. It requires
widening of the highway in accordance with Caltrans standards and is consistent with what other Rosedale
Highway developments have been required to do. The applicant has agreed to all conditions and mitigation for
the project including the wording added to Condition #12 by City Staff. The Planning Commission
recommended approval on December 21, 2006 with one no vote.
Agenda Highlights
February 7, 2007 \"
Page 4
Item 12b. General Plan Amendment and Zone Chanoe on 60 Acres Located at the Northeast Comer of
Panama Land and South Allen Road. Mcintosh and Associates for John Glenn Carmichael; Paul Dale
Carmichael, Julie Anne Carmichael Curtis, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin
Franklin Wall, Jr., Estate of Hilton Frazier Wall. Jr., John Richard Wall, James Pearson Wall, Jr., the property
owners, propose development of 218 single-family residential dwelling units.
Roger Mcintosh, on behalf of his clients stated during the Planning. Commission hearing that he is not opposed
to staff's recommendation other than the fact that Condition NO.8 requires his clients to construct a significant
amount of improvements on adjacent property at a cost of $350,000. The Commission added language to
Condition No. 8 to attempt to place this section of street on the traffic impact fee list which would let the
applicant recover part of the cost through traffic impact fee credits. Condition No. 8is a normal and customary
requirement in order to avoid having a condition of varying street widths which exist for many years. To the
best of staff's knowledge, the applicant wishes to have that condition deleted despite the compromise effort.
The Planning Commission recommended approval on December 21, 2006.
Item 12c. EIR Certification. General Plan Amendment. Soecific Plan/Zone Chanoe. and Develooment
Aoreement for the West Mino Prolect on 2.184 Acres Generallv Located between Mino Avenue (extended) and
the Southem Pacific Railroad. Buena Vista Road and Future West Beltwav. Castle and Cooke California, Inc.,
the property owner, propose development of a. new master planned community featuring a balance of
residential, retail, employment, recreation, and public facilities. The West Ming Specific Plan contains
Implementation Measures that will guide development of the ,master-planned community. A Development
Agreement which sets forth the developer's financial responsibilities in return for the ability to proceed with the
project in accordance with the existing policies, rules, and regulations is proposed.
The Planning Commission conducted a public hearing on this project on December 21, 2006. Four speakers
spoke in favor of the project during the public hearing. Gordon Nlpp, representing the Sierra Club, voiced
concerns. The City of Shafter submitted a letter questioning the adequacy of the West Ming EIR just prior to
the start of the meeting, which was referred to staff for review and preparation of responses to be considered
at the January 4, 2007 Commission meeting.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the Planning
Commission for the project. Staff conducted an initial study and it was determined that the project could have
a significant environmental effect. Therefore, In accordance with CEQA, an EIR was prepared. The Planning
Commission and staff conducted several hearings on the EIR. The Planning Commission recommended the
Final EIR for certification and approval of the project to the City Council on January 4, 2007. The applicant has
agreed to all conditions of approval and mitigation measures.
Adoption of a Statement of Overriding Considerations is necessary for the following impacts that can not be
mitigated to a less than significant level: traffic impacts, increased noise levels and loss of agricultural
resources, and would remain significant.
Approved: J1
Alan Tandy, City Manager
cc: Department Heads
Rhonda Smiley, Public Infonnatlon Officer
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 3 fL.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City CI~
January 24, 2007
APPRQVED
DEPARTMENT HEAili~ AI
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the January 17, 2007 Regular Council Meeti
2007 Special Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: February 07, 2007
AGENDA SECTION: Consent Calendar
ITEM: !>. b.
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 25, 2007
SUBJECT: Approval of department payments from January 05, 2007 to Janua 25, 2007 in the
amount of $14,068,121.04 and self insurance payments from January 05, 20 7 to January
25, 2007 in the amount of $287,604.55.
RECOMMENDATION:
Staff recommends approval of payments totaling $14,355,725.59.
BACKGROUND:
RAR
January 25, 2007, 3:02PM
S:\Richard\ADMIN-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 5. c.. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
January 17,2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance amending Bakersfield Municipal Code Secti s 1.12.030,
~ 1.12.040, ~ 1.12.050 and ~ 1.12.060 by adding Annexation No. 516 co sist.' g of 25.94
acres, located north of Kern Canyon Road, generally east of Morning Drive to Ward 3,
Annexation No. 504 consisting of 1.08 acres, located north of Snow Road, east of the
Friant-Kern Canal, and west of Calloway Drive to Ward 4, Annexation Nos. 500
consisting of 80.65 acres, located generally south of Panama Lane, west of Old River
Road and Annexation 511 consisting of 78.83 acres, located at the northeast corner of
McCutchen Road and Buena Vista Road to Ward 5 and Annexation 508 consisting of
43.39 acres, located at the southeast corner of McCutchen Road and Ashe Road to
Ward 6. (Wards 3, 4, 5 & 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on January 17, 2007.
This ordinance amends the ward boundaries to include Annexations 516, 504, 500, 511 and 508 into
corresponding Council wards. These annexations were approved by LAFCO recently.
Annexation No. 516 is located north of Kern Canyon Road, generally east of Morning Drive. The 25.94
acre site is undeveloped. The site is designated for a mobilehome development. The property owner
requested annexation for development purposes and to receive city services.
Annexation No. 504 is located north of Snow Road, east of the Friant-Kern Canal, and west of Calloway
Drive. The property consists of 1.08 acres. The property owner requested annexation for the
development of one single family dwelling and to receive city services.
Annexation No. 500 is located generally south of Panama Lane, west of Old River Road. The 80.65 acre
site is undeveloped. The property owner requested annexation for development purposes and to receive
city services.
ADMINISTRATIVE REPORT
Page 2
Annexation No. 511 is located at the northeast corner of McCutchen Road and Buena Vista Road. The
78.83 acre site is undeveloped. The property owner requested annexation for development purposes and
to receive city services.
Annexation No. 508 is located at the southeast corner of McCutchen Road and Ashe Road. The 43.39
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 adopt 500, 504, 508, 511 & 516 WARD.DOC
ADMINISTRATIVE REPORT
MEEnNG DATE: February 7, 2007
AGENDA SECnON: Consent Calendar
ITEM: ~. d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~,.cc....stL
January 29, 2007 CITY ATTORNEY V ~
CITY MANAGER
~.
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No: 3- ) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One Family
Dwelling) to R-2 (Limited Multiple Family Dwelling) on 0.33 acre located at 7400 Niles
Street, approximately 0.5 mile west of Moming Drive (ZC # 06-1766 - M.S. Walker and
Associates, Inc. representing Eliseo Jara, Jr., H. Susan Bamett, and Michael S. Walker)
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on January 17,2007.
On December 7, 2006, the Planning Commission held an advertised public hearing on this zone
change request, and recommended adoption by the City Council. The zone change request consists of
changing the zoning from an R-1 (One Family Dwelling) zone to an R-2 (Limited Multiple "Family
Dwelling) zone on 0.33 acre. This zone change request will bring the zoning into conformance with the
HMR (High Medium Residential) General Plan Land Use designation on the subject property.
The applicant's reason for the proposed zone change is to facilitate development of a 64 unit residential
condominium complex. The area of the zone change encompasses the northerly 50 feet of the 4.57
acre lot to be developed. For orderly development, the zone change would result in an R-2 zone for the
entire site of the condominium complex. Approval of the proposed zone change would be consistent
with the HMR (High Medium Density Residential) land use designation for the site.
The site is an undeveloped vacant lot containing hilly terrain. The project has received conditional Site
Plan Review approval for a 64 unit apartment condominium complex. This zone change request is a
requirement of site plan approval which requires the northerly 50 feet of the project site to be rezoned
to R-2. The project site is also the subject of a vesting tentative tract map application (VTM 6510) for
residential condominium purposes (application not yet deemed complete). Site Plan Review conditions
also addressed parking, landscaping, and perimeter walls.
Prepared by madams \ January 19. 2007 \ S:\Zonechange\Yr 2006\06-1 re6\CC\AOMINFORM 2 Read;{)oc
ADMINISTRATIVE REPORT
No one spoke in opposition to the project at the Planning Commission hearing.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Notice of Exemption was prepared and advertised.
Staff recommends approval of the zone change.
Prepared by madams \ January 19, 2007 \ S:\Zonechange\Yr 2006\06-1766\CC\AOMINFORM 2Read.00c
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent
ITEM 3. e .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
January 19, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the Council of the City of Bakersfield approving the s bmittal of an
application to the California Integrated Waste Management Board for the Waste Tire
Cleanup Grant for a period of one year, 2006-2007.
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: This Resolution authorizes the Development Services Department, Code
Enforcement Division to submit an application to the California Integrated Waste Management Board
for a Waste Tire Cleanup Grant. The grant, eligible for up to $200,000 dollars, will fund staff directly
for the cost of cleanup, abatement, or other remedial actions related to the disposal of waste tires. In
addition to Code Enforcement staff, funding for a part time Solid Waste Equipment Operator to
respond to illegal dumpsites involving waste tires upon the public right-of-way and the costs
associated with a licensed waste tire hauler to transport the tires to a permitted waste tire storage
facility or disposal site is included.
This is an effective way to address the City of Bakersfield's need to eradicate waste tires illegally
dumped upon private properties and throughout the public right-of-ways. Illegally dumped waste tires
contribute to blight, vector control and other health and safety hazards to the public and environment
Illegal dumpsites not abated in a timely manner contribute to the potential of additional waste tires
accumulating into tire piles. The cleanup projects are intended to mitigate potential fire and health
risks posed by these tire piles within our jurisdiction.
This will be the city's fourth waste tire clean up grant. This grant request is to continue with the work
that is currently funded (76,416) in the FY 2006/2007 budget. In FY 1998/1999 we received grant
funds of $29,840 to remediate 3 waste tire sites on Cottonwood Road and approximately 222 tons
were removed. The following year, FY 1999/2000, we received $25,570 and removed 140 tons from
3400 Hale Street.
January 16, 2007, 5:42PM
P:\admin tire cleanup grant January 06.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent
ITEM ,~. T.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
January 19, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Property Abatements
1. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of weeds,
debris and waste matter and authorize collection of the assessments by the Kern
County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on January 8, 2007, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures
which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste
matter. The property owners were notified and failed to comply with the notices to abate such public
nuisance. After a hearing duly noticed and held before the Building Director, the Director issued
orders requiring the property owner to abate the public nuisance. The subject properties are listed as
follows:
PROPERTY LOCATION
APN
COST
Ward 1/Councilmember Irma Carson
1.
2.
3.
4.
5.
220 Bliss 5t.
820 Brown St.
301 California Ave.
128 Kincaid St.
1 005 L Street
$ 1,385.00
$ 1,125.00
$ 725.00
$ 1,325.00
$ 420.00
139-341-05-00-2
019-142-04-01-2
009-511-07-00-9
018-160-05-00-1
009-112-08-00-3
January 10. 2007, 3:53PM
P:\admin report Nov06.doc
ADMINISTRATIVE REPORT
Page 2
PROPERTY LOCA liON APN COST
Ward 1/Councilmember Irma Carson
6. S/E Corner of Hale & Planz 172-042-01-00-3 $ 724.00
7. Unassigned - 3600 Shellmacher 172-133-17-00-3 $ 2,544.00
8. 930 3rd St. 010-212-18-00-1 $ 1,335.00
9. 911 8th St. 009-350-17-00-5 $ 785.00
10. 613 E 9th St. 139-162-04-00-4 $ 2,085.00
11. 614 E. 9th St. 139-112-09-00-4 $ 570.00
Ward 2/Councilmember Sue Benham
12 3817 K St. 120-060-07 -00-4 $ 573.08
13 29 Lincoln St. 012-052-07-00-7 $ 236.96
14. 515 Lincoln St. 013-110-04-00-8 $ 237.45
15. 1324 Quincy St. 127 -030-24-00-3 $ 577.35
16. 705 Williams St. 017 -490-06-00-3 $ 9,345.00
17. 530 30th St. 002-082-15-00-6 $ 827.00
18. 710 33rd St. 002-041-13-00-1 $ 698.16
Ward 6/Councilmember Jacauie Sullivan
19. 3508 Titan Ln.
404-106-12-00-0
$ 745.00
Ward 7/Councilmember Zack Scrivner
20. 1904 Doolittle Ave.
21. 1500 Pacheco Rd. # 19
22. Vacant lot EI Potrero & Los Caneros
23. Vacant lot EI Potrero & Los Caneros
023-136-14-00-8
171-200-19-00-1
405-102-06-00-2
405-102-05-00-9
$ 1,135.00
$ 2,177.73
$ 525.00
$ 525.00
January 11, 2007, 8:56AM
P:\admin report Feb. 7.doc
ADMINISTRATIVE REPORT
Page 2
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
January 10, 2007, 3:53PM
P:\admin report Nov06.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 8. c\.
\"j
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 24, 2007
APPROVED
DEPARTMENT HEADiJ.. ~ f!/L-
CITY ATTORNEY -,;;;;
CITY MANAGER
SUBJECT: Resolution dispensing with bidding under Section 3.20.060 of the Bak fi d Municipal
Code relating to design/build method power conversion at the South Mt.
Waste Recycling Facility (Ward 1).
RECOMMENDAnON: Staff recommends approval of resolution.
BACKGROUND: In order to improve Air Quality in the San Joaquin Valley, the Air Quality
Control Board has established new regulations to replace existing diesel powered equipment
with alternative clean air power sources. Public Works Department has a Capital Improvement
Program Project to convert all existing stationary diesel powered equipment at the South Mt.
Vemon Green Waste Recycling Facility to electrical powered equipment.
The City has received a grant from the Rose Foundation to purchase electric power equipment
to replace the existing diesel power. A portion of this equipment has been ordered and the
remaining equipment will be ordered shortly. This equipment has an approximate sixteen week
lead time from purchase. The electric powered equipment is anticipated to go on line prior to
September 2007.
The City has been working with PG&E to provide the necessary electrical service to power the
new equipment. To date, PG&E has not identified the power source for the new equipment. In
order to provide the power service in a timely manner, staff is recommending the use of
Design/Build. Through this method, the contractor can purchase equipment required to create
the new on-site distribution system without additional delays.
Pw/design engineering/nsg
January 30, 2007. 3:26PM
G:\GROUPDAT\ADMINRPT\2007\02-7\Resolution for Deslgn/Build Method_AdminRpt.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGEND,J' SECTION: Consent Calendar
ITEM: () . h .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD //12 __
CITY ATTORNEVdI/
CITY MANAGER
January 26, 2007
SUBJECT: A resolution opposing the list of projects recommended by the Stat
Transportation for the 2006 SR 99 Bond Program.
RECOMMENDATION:
Staff recommends approval of resolution.
BACKGROUND: The voters in Kern County and the State of California approved Proposition 1 b as part
of last November's Election. Proposition 1 b includes $1 billion for projects along the State Route 99
Corridor. The Proposition states that Caltrans, in consultation with the regional transportation agencies
along the route, is to propose a list of projects for the Program for adoption by the California
Transportation Commission (CTC). The CTC adopted guidelines for the development of this project list,
and these guidelines reference the priorities defined in the Caltrans prepared State Route 99 Business
Plan Element of the Master Plan for State Route 99. KernCOG submitted several projects to Caltrans for
the Bond Program, and one of these projects met the criteria for a Priority Category 2 project. Caltrans
has now published their draft final list of projects for the Program, and the KernCOG project is not on this
list. However, there are lower Priority Category projects on the list and so the list is not in conformance
with the priorities of the CTC adopted guidelines.
January 26,2007, 9:47AM
G:\GROUPDAnADMINRPT\2007\02-7\Proposition 1b Resolution Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: i3 . i. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
January 11, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving application proposing proceedings for ann ati
uninhabited territory to the City identified as Annexation No. 552 consisting
acres, located on the north side of Brimhall Road, west of Calloway Drive.
4).
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield. The proposed annexation identified as Annexation No. 552 consists of 2.45
acres of land and is located on the north side of Brimhall Road, west of Calloway Drive.
This annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary.
The property owners have consented to annexation. The proposal is to annex the land for
development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
S:\Annexation\Res of Applic\Admin Draft 2-7-076 552.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 3. i .
'-J
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 18, 2007
APPROVED
DEPARTMENT HEAD~ -ftc f-I.--
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution adding territory, Area 4-67 (Morning, Paladino NW) to 1 e C nsolidated
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 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On January 17, 2007 the Council adopted Resolution of Intention No. 1498 to add
territory, Area 4-67 (Morning, Paladino 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. 6876. Area 4-67 is generally
bounded by a line approximately 3,960 feet north of Paladino Drive on the north, Morning Drive on the
east, Paladino Drive on the south and a line approximately 2,460 feet west of Morning Drive 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
MD4-67 _Est. dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 3./<.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD C
CITY ATTORNEY
CITY MANAGER
January 18, 2007
SUBJECT: Resolution adding territory, Area 1-67 (Brimhall, Calloway NW) to the C nsolidated
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 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On January 17, 2007 the Council adopted Resolution of Intention No. 1499 to add
ter~itory, Area 1-67 (Brimhall, Calloway 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 street landscaping for Parcel Map No. 11476. Area 1-67 is generally bounded by a
line approximately 660 feet north of Brimhall Road on the north, Calloway Drive on the east, Brimhall
Road on the south and a line approximately 675 feet west of Calloway Drive on the west. This area will be
under the streetscape zone of benefit and will be assigned the appropriate tier level when street
landscaping has 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
parcel map waiver.
mr
MD1-67 _Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7, 2007
AGENDA SECTION: Consent Calendar
ITEM: 3.1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 28, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
il)
,/~
SUBJECT: Resolution of Intention No. 1500 to order the vacation of the alley in
Tract South of Bernard Street and West of Inyo Street (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The City of Bakersfield wants to sell surplus properties located on the 300 block of Bernad Street, with the
Assessors Parcel Number 012-320-08-1. The city owns three small lots on this block. Vacating the alley
would increase the chance of selling these properties.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. The California Water Service Company
has an 8-lnch water main in the alley. Pacific Gas and Electric Company has a gas line and an electrical
power line in the alley. The City of Bakersfield has a 6" sewer line in the alley. A 20-Foot wide easement
over the vacated area is being reserved for public utilities.
Notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating
area. Public Works has received no objections from these owners.
The proposed vacation is in accordance with Bakersfield Municipal Code Section 2.28.120, the proposed
vacation was found to be consistent with the Metropolitan Bakersfield General Plan pursuant to
Government Code 65402 by the Planning Director on October 31, 2006.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of February 28, 2007, on the
proposed vacation.
S:\Street Vacations\KER 603-B Alley-SW Bernard & Inyo\Admin Report\R011500 Admin-Consent Calendar.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: ~. (Y\ .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
January 11, 2007
CITY MANAGER
v
SUBJECT: Resolution of Intention No. 1501 to add territory, Area 3-61 (Akers, Irq rock SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 7).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6802 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 3-61 is generally bounded by Ironrock Avenue on the north,
Akers Road on the east, a line approximately 1,090 feet south of Ironrock Avenue on the south and a line
approximately 865 feet west of Akers 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
January 11, 2007, 10:35AM
MD3-61 Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM:3.n.
FROM:
DATE:
Raul M. Rojas, Public Works Director
January 11, 2007
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
SUBJECT: Resolution of Intention No. 1502 to add territory, Area 3-62 (Mountain IS a,
to the Consolidated Maintenance District and preliminarily adopting,
approving Public Works Director's Report. (yVard 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6916 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 3-62 is generally bounded by a line approximately 1,320
feet north of Berkshire Road on the north, a line approximately 1,320 feet east of Mountain Vista Drive on
the east, Berkshire Road on the south and Mountain Vista Drive on the west. This area will be under the
park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of the covenant is attached for reference.
mr
January 11, 2007. 1 0:59AM
MD3-62Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: ::3. D,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 12, 2007
APPROVED
DEPARTMENT HEA~lQ -Q]l t,tL-
d
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1503 to add territory, Area 4-68 (panoram ,_ IV i NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6426 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 4-68 is generally bounded by Paladino Drive on the north, a
line approximately 1,320 feet east of Rivani Drive on the east, Panorama Drive on the south and Rivani
Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned
appropriate tier levels when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
January 12, 2007, 3:45PM
MD4-68Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 3.~.
I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 24, 2007
CITY ATTORNEY
CITY MANAGER
/
SUBJECT: Resolution of Intention No. 1504 to add territory, Area 4-69 (Union, E. Ca1ifor ia NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 2).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11613 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 4-69 is generally bounded by Chico Street on
the north, Tulare Street on the east, E. California Avenue on the south and Union Avenue on the west.
This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier
levels when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
January 24, 2007, 8:53AM
MD4-69Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 12, 2007
APPROVED
DEPARTMENT HE~!L f-!2-
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1505 to add territory, Area 4-70 (College, Valenci SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming d approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 7006 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 4-70 is generally bounded by College Avenue on the north,
a line approximately 640 feet east of Valencia Drive on the east, a line approximately 1,320 feet south of
College Avenue on the south and a line approximately 200 feet east of Valencia Drive on the west. This
area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels
when a park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
January 12, 2007, 4:45PM
MD4-70Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 3. r.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
January 15, 2007
DEPARTMENT HEAD C\
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1506 to add territory, Area 5-31 (Pacheco, C onw d NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11473 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 5-31 is generally bounded by a line
approximately 1,320 feet north of Pacheco Road on the north, Cottonwood Road on the east, Pacheco
Road on the south and a line approximately 1,320 feet west of Cottonwood Road on the west. This area
will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a
park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot
indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the developer to be recorded with the subdivision map.
A copy of this covenant is attached for reference.
mr
January 15, 2007, 1:51PM
MD5-31 Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM:.~ . s.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 18, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
(~l~ t1L
u
SUBJECT: Resolution of Intention No. 1507 to add territory, Area 3-63 (Harris, Old Riv. r SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6685 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 3-63 is generally bounded by Harris Road on the north, a
line approximately 2,650 feet east of Old River Road on the east, a line approximately 380 feet south of
Harris Road on the south and Old River 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(s}/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
January 18,2007, 9:49AM
MD3-63Ri05.dot
ADMINISTRA TIVEREPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: ~.-r.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 19, 2007
(' APPROVED
DEPARTMENT HEAriJj/ frn I'!L-
CITY ATTORNEY
CITY MANAGER
"y
SUBJECT: Resolution of Intention No. 1508 to add territory, Area 5-32 (Hosking, Shanno SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming d approving
Public Works Director's Report. (Ward 7).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6368 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 5-32 is generally bounded by Hosking Avenue on the north,
Shannon Drive on the east, a line approximately 1,320 feet south of Hosking Avenue on the south and a
line approximately 990 feet west of Shannon Drive on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot
indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the developer to be recorded with the subdivision map.
A copy of this covenant is attached for reference.
mr
January 19, 2007, 1 :20PM
MD5-32Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 3. U-
FROM:
DATE:
Raul M. Rojas, Public Works Director
February 1, 2007
DEPARTMENT HEAD
CITY ATTORNE
CITY MANAGER
elL
TO: Honorable Mayor and City Council
SUBJECT: Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements with Fairways at Riverlakes, L.P. for
Tract 6050 Phase III located at the southwest intersection of Norris Road and
Coffee Road. (Ward 4)
2. Final Map and Improvement Agreements with Frontier Ranch, LLC for Tract 6364
Phase 3 located at the northeast corner of Riena Road and Renfro. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
February 1, 2007. 11 :20AM
G:\GROUPDAl\ADMINRPT\2007\02-07\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: February 07,2007
AGENDA SECTION: Consent Calendar
ITEM: :3. v.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 23, 2007
SUBJECT: Ground Lease Agreement with Bob Hooper for purposes of constructing a,
hangar for a monthly fee of $40. (Ward 1)
RECOMMENDATION: Staff recommends approval of Agreement
BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the
purpose of ground leases which allowed for the construction of owner-hangars. Currently there are 24
such Ground Lease Agreements and constructed hangars. The term of this agreement is for a period of
twenty years with the option of two five-year extensions. The approximate size of the aircraft storage
hangar is 2,000 square feet. Each land lease agreement generates $40 per month.
maw
January 23, 2007. 11 :59AM
G:\GROUPDAT\ADMINRPT\2007\Hooper Ground Lease.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: -5.W.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 22, 2007
DEPARTMENT HEAD
{j
CITY ATTORNEY
CITY MANAGER
APPROVED
/1
;
/
SUBJECT: Agreement with Pacific Gas and Electric to purchase ninety-se~
$194,893.75. (Wards 3 and 4)
RECOMMENDATION:
Staff recommends approval of the Agreement.
BACKGROUND:
Over the years, as property has been annexed, the City has been purchasing the street lights from
P.G.&E. By owning the street lights, the City can control their maintenance and operation, as well as
lowering the electric charges from $10.77 per month to $3.51. These ninety-seven lights represent the
last batch of street lights that are owned by P.G.&E. The purchase of these lights is contingent on
approval of the Public Utilities Commission. It is anticipated the sale will close around April 7. Once the
purchase closes, the City will own all of the street lights in the incorporated area of Bakersfield. In new
developments, the street lights are dedicated to the City by the Developer and are never owned by
P.G.&E.
js
January 23,2007, 8:19AM
G:\GROUPDA T\ADMINRPT\2007\02-7\streetlightpurchase.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent
ITEM: .3.)( ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
January 24, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Environmental Impact Report (EIR) Processing:
1. Agreement with Land Consulting Services, Inc. (not to exceed $100,000:00) to assist
the Planning Division staff with the processing of Environmental Impact Reports.
2. Appropriate $100,000.00 developer's contribution to the Development Services
operating budget.
RECOMMENDATION:
Staff recommends approval of agreement and appropriation of funds.
BACKGROUND:
In order to process the record number of projects requiring Environmental Impact Reports (EIRs), it is
necessary to hire a professional environmental consultant to assist Planning Division staff. While the
Advance Planning Division has just hired one new junior staff member, this person has no experience with
EIR management, EIR review or the process for EIRs.
Land consulting services, Inc. is currently providing processing staff support for both the Riverview EIR
and the Watermark EIR. The Planning Division is processing more than a dozen EIRs and we need very
specialized help to keep these projects moving at a timely pace.
Land Consulting Services, Inc. is qualified to support staff on an "as needed" basis in order for the City
development applicants to comply with CECA for complex planning and development applications as they
are submitted to the City for consideration.
The funds to pay for consultant costs come directly from the project applicants. This funding source
typically paid for staff's time and materials to process the Environmental Impact Reports. No city funding is
required for this contract.
January 26.2007, 8:38AM
S:\Dana\admin\2007\Feb\Admin.EIR Land Consulting Services.doc
MAD for MG
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: .3. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
January 25,2007
CITY MANAGER
SUBJECT: Agreement with KSA Partners, a California limited partnership for HOM Inv stment
Partnership (HOME) funds (not to exceed $850,000) to develop 72 aff rdabl
apartments at 1601 Lotus Lane. (Ward 1)
RECOMMENDATION:
Staff recommends approval of the agreement and authorization for the City Manager or his designee to
execute all necessary agreements and documents.
BACKGROUND:
KSA Partners is requesting $850,000 in HOME gap financing to construct 72 units of affordable multi-
family housing in the Southeast Redevelopment Project Area. HOME funds will primarily be used to pay
for impact and permit fees, PG & E utility hook-up costs and related finance fees which are eligible costs
under the HOME entitlement program. Funds are available under the New Construction Assistance
program budget from the FY 2005-06 HOME entitlement.
King's Square Family Apartments is a low income housing tax credit project. Total project cost is about
$13,500,000. The development will consist of a community room, 36 two-bedroom units, 32 three-
bedroom units, and 4 four-bedroom units on 4.8:t acres. City's assistance will establish eleven apartments
as HOME-assisted "floating" units. A maximum of eight of the HOME-assisted units may be rented to low
income persons at or below 60% of the area median income, and at least three units will be rented to low
income persons at or below 50% of the area median income. All units of the project will be rented to
households and families of low- and/or very-low income. In addition to the 72 rent restricted units of
affordable family housing, there will be a manager's unit constructed as part of the project that will not be
rent restricted. The average size of the apartments will be 1,052 :t sq. ft.
The $850,000 will be a loan at 3% interest and paid back to the City out of residual receipts. The term of
the loan will be twenty (20) years, corresponding to the affordability period of the HOME financing, and
secured by a Deed of Trust on the property. As part of the overall financing, KSA Partners will be
receiving construction financing from Washington Mutual Bank (WMB) that will convert to permanent
financing upon completion with WMB's security interest in a first position and the City's security interest in
a second position. To insure this lien priority during the project affordability period, WMB will be requiring
the City to execute a subordination agreement which will preserve WMB's security interest in a first
position for the 1601 Lotus property. Construction is anticipated to begin by spring of 2007, with
completion by fall of 2008. The federal environmental review requirement for the HOME funds was
satisfied with a HUD approved Finding of No Significant Impact (FONSI).
S:\Admins\City Council\City Council Admins 2007\KSA Affordable Hsng Admin.doc
1/25/20072:33 PM
ADMINISTRATIVE REPORT
MEETING DATE: February 07,2007
AGENDA SECTION: Consent Calendar
ITEM: 3. z. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 28, 2006
APPROVED
'\
DEPARTMENT HEAr:i-l~
CITY ATTORNEY
CITY MANAGER
7 11 .
1(L-1'<'-
SUBJECT: Assignment of Regional Surface Transportation Program (RSTP) funds (
1. Agreement with City of McFarland (Payment of $277,940 to acquire $427,600 of RSTP
funds) for assignment of RSTP funds.
2. Transfer $277,940 from a Public Works Department's Capital Improvement Project
(Resurfacing - Engineering) within the Capital Outlay Fund to fund this Agreement.
3. Appropriate $427,600 RSTP funds to the Public Works Department's Capital
Improvement Budget within the ISTEA fund for street resurfacing projects.
4. Transfer $55,400 from two Public Works Department's Capital Improvement Projects
(Guardrail Improvement Coffee and Reconstruct Various Streets 2005-06) and
appropriate $55,400 as the local match for the assigned RSTP funds within the Gas Tax
Fund.
RECOMMENDATION: Staff recommends approval of agreement, transfers and appropriations.
BACKGROUND: This agreement would allow the City of McFarland to assign its Regional Surface
Transportation Funds (RSTP) to the City of Bakersfield.
The portion of RSTP funding allotted to Kern County is apportioned to communities through the Kem
Council of Governments (Kern COG). The City of McFarland's apportioned amount of RSTP funds is
$427,600. The City of McFarland has offered to exchange their $427,600 of RSTP funds to the City of
Bakersfield for $277,940 in compensation, 65% of the RSTP fund's value. The City of McFarland has
offered this discounted exchange because they currently have no projects that qualify for use of RSTP
funds in addition to the extra time required for processing State and Federal paperwork associated with
federal funding. This exchange would result in a net increase in funding to the City of Bakersfield of
$149,660 ($427,600 - $277,940 = $149,660). Kern COG has already approved this exchange. The City
of Bakersfield has resurfacing projects that can use these additional RSTP funds, and minimal additional
staff time will be required to procure these additional RSTP funds as processing is already required to
procure the current City RSTP funding.
The transfers from existing budgeted Capital Improvement Projects will not cause delays in specific
projects. The Guardrail Improvement Project at Coffee is now part of the TRIP Program.
G:\GROUPDAT\ADMINRPT\2007\02-7\City of McFar1and RSTP.doc
January 26. 2007, 9:08AM
AGREEMENT NO.
AGREEMENT FOR
ASSIGNMENT OF REGIONAL SURFACE TRANSPORTATION
PROGRAM (RSTP) FUNDS
THIS AGREEMENT is made and entered into on this th day of February 2007,
by and between the CITY OF BAKERSFIELD, a municipal corporation, of the State of
California, hereinafter referred to as "Buyer" and the CITY OF MC FARLAND, a
municipal corporation of the State of California, hereinafter referred to as "Seller".
WIT N E SSE T H:
WHEREAS, the Seller wishes to assign $427,600 of its allocation of Regional
Surface Transportation Program (RSTP) funds to the Buyer in exchange for sixty-five
percent (65%) of that amount in funds that may be used for any Seller street related
project;
WHEREAS, the Buyer wishes to accept said assignment for use on a Buyer
street related project(s) which qualifies for RSTP funding;
WHEREAS, apportioned RSTP funds are discounted to the Buyer because of
expenditure restrictions and increased administrative costs associated with using said
funds;
WHEREAS, the Buyer and the Seller consider this assignment and exchange as
fair and equitable treatment under the RSTP program;
NOW, THEREFORE, it is mutually agreed as follows:
1. Seller agrees to transfer $427,600 of its RSTP fund apportionment to
Buyer;
2. Buyer agrees to transfer, within 30 Days after approval by the City Council
of Bakersfield, $277,940 to Seller as compensation for said RSTP fund
assignment;
3. Seller agrees to use the received funds on a Seller street project;
4. Buyer agrees to use the assigned RSTP funds on a Buyer street related
project(s) which qualifies for RSTP funding.
M:\BLUEPRINT\Kern Blueprint\RSTP Funds Agreement 2007.DOC
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: -3. Gttl-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
January 26, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Management Agreements
1. Agreement with SMG for Managing and Booking Services at Bright House Networks
Amphitheatre.
2. Amendment No. 1 to Agreement No. 03-098 with SMG regarding management of
Convention Center, Arena and Ice Rink.
RECOMMENDATION:
Staff recommends approval of agreement and amendment.
BACKGROUND:
1. In April, 2006, the City opened Bright House Networks Amphitheatre (BNA) at the Park at River
Walk. Based on SMG's success at managing and booking events at the Arena and Convention Center,
staff believes it is in the City's best interest to enter into an agreement with SMG to manage and book
events at BNA. This agreement will expire on June 30,2013. SMG will receive $1,500 per month for the
service as well as an annual incentive of ten percent (10%) of the net revenues received in the fiscal year.
Additionally, City will pay the salary and benefits for an event coordinator to oversee the
managemenVbooking service. SMG will coordinate with Recreation and Parks staff to ensure there are no
conflicts involving other events at the Park at River Walk.
2. In 2003, City and SMG entered into Agreement No. 03-098. This Agreement revised the original
management contract involving the Arena and Convention Center to include the newly-constructed Ice
Rink. As SMG had little experience managing ice rinks, Agreement No. 03-098 required SMG to
subcontract management of the Ice Rink to a particular contractor. Such restriction is no longer required.
This amendment deletes the requirement, freeing SMG to utilize any subcontractor or no subcontractor at
all. This amendment also clarifies some issues regarding duties involving the Ice Rink that are in conflict
with duties regarding the Arena and Convention Center.
Agreement No. 03-098 is set to expire on June 30, 2008. It is critical for recruitment and retention of SMG
staff to know they will have continuing employment beyond June, 2008. It is difficult for SMG to secure
long-term bookings knowing that the contract will expire in 18 months. In order to assist SMG in employee
January 26,2007, 8:19AM
S:\COUNCIL\Admins\06-07 Admins\managementamendmentssmgonly.doc
ADMINISTRATIVE REPORT
recruitment and retention and to securing booking commitments well into the future, staff is recommending
extending the agreement to June 30, 2013.
The buildings are setting records for event days and attendance. The financials are excellent. Customer
service is strong. Extension of this agreement will continue these positives another five years.
January 26,2007, 8:19AM
S:\COUNCIL\Admlns\06-07 Admins\managementamendmentssmgonly.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: .6. bb.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HE
CITY ATTORNEY
CITY MANAGER
January 26, 2007
SUBJECT: Amendment No. 1 to Agreement No. 05-285 with Mountain View Bra. 0, LLC for
Assessment District No. 05-1, (City in the Hills) to allow developer to receive bond proceed
reimbursements for construction improvements sooner than the existing 90-day
requirement. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the Amendment.
BACKGROUND: Mountain View Bravo, LLC and the City of Bakersfield entered into an Acquisition
and Disclosure Agreement (Agreement No. 05-285) on July 20, 2005. Pursuant to that Agreement, and
after the sale of Bonds, the City will utilize a prescribed portion of said Bond proceeds to acquire from the
Developer completed portions or phases of certain public improvements. Payment to the Developer of the
acquisition price for the completed Improvements is contingent on a number of issues set forth in the
Agreement, including, but not limited to, a 90-day waiting period after recordation by the Developer of the
Developer's Notice of Completion for each of the Improvements. The parties desire to amend this
Acquisition and Disclosure Agreement to provide that when the Developer serves as its own prime
contractor, the 90-day period may be shortened to either 60 or 30 days if Developer provides a mechanic's
lien free endorsement in certain prescribed amounts.
This amendment would allow the developer to receive bond proceed reimbursements for construction
improvements sooner than the existing 90-day requirement.
Jas
January 26, 2007, 9:56AM
G:\GROUPDA T\ADMINRPT\2007\02-07\02-7\AD05-1 Amend1 acq&disc.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 3. CL- .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
January 22, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 04-053 (formerly known as CA 03-0
of $10,000 (total contract not to exceed $60,000) with law firm of Duan orri for outside
legal services in the matter before the California Public Utilities Commissi n relating to
railroad crossings in the City of Bakersfield.
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On or about March of 2002 the Public Works Department submitted applications to the California
Public Utilities Commission ("PUC") for Akers Road. Harris Road, Mountain Vista Drive, and Old River
Road for at-grade railroad crossings. In spite of extensive efforts by the Public Works Department, the
applications were not being processed. The San Joaquin Valley Railroad had sent a letter to the City
objecting to the crossings and basically requesting that the City pay One Million Dollars to the railroad so
they could install additional track for switching purposes. Apparently, because of communications from
the railroad to the staff of the PUC, the city's applications were not processed. Finally, on January 7,
2003, the Rail Crossing Engineering Section of the PUC submitted a protest to the City's applications, and
included a Motion for Leave to File a Late Protest. The PUC staff stated the requested crossings were
"unnecessary and unsafe" because (1) there were alternative crossings very near, (2) the application
failed to address non-crossing alternatives and (3) the City did not provide sufficient information and data
to support its conclusion that a grade separation was "not practicable." The City filed an opposition to the
PUC's Motion for Leave to File a Late Protest on January 22, 2003.
Through our outside counsel, Colin Pearce, the City made contact with staff counsel for the Rail's
Crossing Section and the City supplied additional information including lengthy correspondence to address
the issues raised by the PUC protest. The PUC staff again took the position that the City had not
submitted sufficient information and used two PUC decisions, City of San Mateo (1982) 8 CPUC2d 57s
and a 2002 decision regarding the Los Angeles to Pasadena Metro Blue Line (decision 02-05-047) against
the City. After a close reading of these two cases the City decided they were not applicable to the four at-
grade crossings requested by the City.
After exhaustive efforts with the PUC staff, the City of Bakersfield had made little progress;
therefore, Colin Pearce made a formal request for a hearing to move forward on these four at-grade
crossings.
ADMINISTRATIVE REPORT
On November 12, 2003, Administrative Law Judge Kenneth L. Koss entered his decision in favor of
the City of Bakersfield in which the PUC staff's Motion for Leave to File Late Protest was denied. The
Administrative Law Judge stated that a hearing would not be anticipated in this proceeding. A pre-hearing
conference was set for December 3, 2003 in the Commission Hearing Room in San Francisco. The City
of Bakersfield has expended significant efforts over the past few months to obtain these four at-grade
crossings. These crossings represent a vital segment to traffic circulation. The PUC staff position
requiring a separation of grade at these crossings could have cost the City of Bakersfield in excess of
Twenty Million Dollars and significantly delay development in these areas.
At the pre-hearing conference on December 3, 2003, the Administrative Law Judge stated the
purpose of the hearing was simply to determine if the City complied with rules of procedure in its
application and for him and others to ask any technical questions about the City's application. The
Administrative Law Judge emphasized that this was not an evidentiary hearing. The Administrative Law
Judge requested that the City prepare a single map showing all existing, proposed, and proposed to be
eliminated railroad crossings. The map was to be submitted on or before December 15, 2003.
Colin Pearce has represented the City's interests well. He repeatedly emphasized that the
railroads had failed to submit timely protests to the City's applications and urged PUC approval of the four
at-grade railroad crossing applications. The requested map and additional information was submitted by
the City of Bakersfield in support of applications for the four at-grade railroad crossings in a timely fashion.
A ruling by the Administrative Law Judge was received and the City received authorization from the CPUC
to construct four new at-grade crossings at Akers Road, Harris Road, Mountain Vista Drive, and Old River
Road. Specifically, the CPUC issued a decision granting the City's four consolidated applications for
these crossings. The Commission found that the crossings would meet all safety requirements and that
the unique facts surrounding these crossings justified at-grade, rather than grade separated crossings.
After several appearances before the PUC, including the pre-hearing conference, with the
preparation and submission of various documents in support of the City's applications to the PUC, along
with submitting multiple crossing construction extensions to the CPUC and working with the Public Works
Department during the crossing construction, it is recommended that the Attorney Retainer Agreement
with Duane Morris be amended to read "in an amount not to exceed $60,000." The will amount should be
sufficient to cover the last of the costs incurred by Duane Morris and enable the City to terminate the need
for the legal services on this matter.r
S:\COUNCILlAdmlns\06-07 AdmlnslAttyRtnrAgrAmdl.04-053.DuaneMorrisRR.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
December 26, 2006
AGENDA SECTION: Consent Calendar
ITEM:
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
\ 'I
l ......
. _.
SUBJECT: Accept bid, to award contract to A.C. Electric ($113,847.00) for the Traffic Signal and
Lighting System Installation on Panama Lane at Buena Vista Road Project (Ward 5).
RECOMMENDATION:
Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project consists of installing a traffic signal, lighting system, pavement marking,
handicap ramp and signage at the intersection of Panama Lane at Buena Vista Road. The project also
includes installing interconnect to include the above referenced new signal in the City's Intelligent
Transportation System.
The project is funded with traffic impact fees.
On January 17, 2007, three acceptable bids were received as follows:
A-C Electric Company
315 30th Street
Bakersfield, California 93303 (City) in the amount of $113,847.00
TES Electric
5306 Aldrin Court
Bakersfield, California 93303 (City)
Loop Electric
7040 Downing Ave
Bakersfield, CA 93308 (City)
in the amount of
in the amount of
January 18,2007, 4:27PM
G:\GROUPDAnADMINRPT\2007\02-7\AdminRptPanmaBuenaVista.doc Project No T7K138
$125,700.00
$131,687.80
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: O. ee..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 18, 2007
CITY MANAGER
SUBJECT: Traffic Signal and Lighting System Installation on Allen Road at Palm Ave
1. Accept bid and award contract to A-C Electric ($144,185.65) for project.
2. Transfer $196,000 from the Public Works Department's Capital Improvement
Project (Miscellaneous Transportation Construction) to this project within the
Transportation Development Fund
RECOMMENDATION:
Staff recommends acceptance of low bid, award of contract, and approval of
transfer.
BACKGROUND: The project consists of a complete traffic signal and lighting system installation at the
Intersection of Allen Road and Palm Avenue.
Three acceptable bids were received on January 17, 2007 as follows:
A-C Electric Company
315 30th Street
Bakersfield, CA 93301
(City)
In the amount of
$144,185.65
Loop Electric
7040 Downing Avenue
Bakersfield, CA 93308
(County)
In the amount of
$150,546.20
TES
5306 Aldrin Court
Bakersfield, CA 93313
(City)
In the amount of
$154,000.00
Staff recommends transferring $196,000 to this project. This amount exceeds the bid award amount of
$144,186. These additional funds are needed to purchase signal and light equipment, cover design,
construction inspection, and materials testing services, and potential contract change orders.
kb. pw engr
G:\GROUPDA T\ADMINRPT\2007\02-28\Allen Palm Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent Calendar
ITEM: Z1.+f-.
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
January 24, 2007
SUBJECT: Accept bid from Hi Standard Automotive ($100,163.56) for lightbars and sirens. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for lightbars and sirens.
BACKGROUND: Invitations to Bid were sent to eight (8) suppliers for lightbars and sirens for Police
Vehicles. Two (2) bids were received in response to the solicitation.
BIDDER
AMOUNT
$100,163.56
Hi Standard Automotive
Orange, California
Gall's
Lexington, Kentucky
$125,894.92
Staff finds the low bid to be acceptable and recommends award of the bid to Hi Standard Automotive,
Orange, California in the amount of $100,163.56
Purchasing Division
OW
S:\PURCH\ADMIN\lightbars and Sirens, 06-07-70. February 7, 2007.doc
Created on 1/25/2007 8:44:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: February 7, 2007
AGEN~f' SECTION: Hearings
ITEM: ~. a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
January 12, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-2022 (Ward 1)
Mel Heinemann, representing himself, Jack & Nuha Haddad, and the City of Bakersfield,
the property owners, has applied for a general plan amendment and zone change on
approximately 40 acres located at the southwest comer of E. Planz Road and
Washington Street (future), and on approximately 40 acres located at the southeast
comer of Cottonwood Road and E. Berkshire Road (future).
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LI (Light Industrial) and HI
(Heavy Industrial) to P (Public Facilities) on approximately 40 acres and from R-
IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential)
on approximately 40 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map Nos. 124-16 and 124-
28 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open
Space) on approximately 40 acres and from A (Agricultural) to P.U.D. (Planned
Unit Development) on approximately 40 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:
On June 15, 2006, the Planning Commission recommended denial of GPA/ZC 05-1887, a request by
the applicant for this GPA/ZC request, Mel Heinemann, to allow for the development of a 40-acre
single-family planned unit development at the southwest comer of E. Planz Road and Washington
Street ("Planz Site"). The primary issue associated with GPA/ZC 05-1887 was the proposal to develop
residential uses within the X-mile buffer area for Wastewater Treatment Plant No.2, established by the
Public Works Department to prevent the development of odor-sensitive land uses in close proximity to
this facility. GPA/ZC 05-1887 was scheduled for consideration by the City Council on August 16, 2006,
but was continued without discussion at the request of Mr. Heinemann. Prior to that date, Mr.
Heinemann had begun negotiations with the City for the proposed trade of his property for City-owned
property suitable for residential development at the southeast comer of Cottonwood Road and E.
Berkshire Road ("Cottonwood Site"). On November 15, 2006, the Council once again continued
GPA/ZC 05-1887 without discussion at the request of Mr. Heinemann. On January 17, 2007, the
ADMINISTRATIVE REPORT
Page 2
Council approved a land trade agreement with Mr. Heinemann for the two 40-acre properties which
comprise this proposed general plan amendment and zone change; the agreement is contingent upon
approval of this proposal.
The Cottonwood Site is proposed to be developed with 365 detached, two-story, single-family
residential units arranged in clusters with vehicular access provided via common, private driveways.
Driveways, walls and fencing, and landscaping within parkways and front yards abutting streets would
be maintained by a homeowners association to ensure the uniform, long-term maintenance of these
improvements and to lessen the potential financial burden on individual homeowners in the event that a
major repair is necessary in an isolated portion of the development.
The Planz Site is proposed to be designated P (Public Facilities) and zoned OS (Open Space).
Pursuant to the Zoning Ordinance, one of the purposes of the OS Zone is "... to safeguard the health,
safety and welfare of the people by limiting developments in areas where protection from unstable soils,
flooding, seismic activity or other special circumstances is required." Preventing the development of
odor-sensitive land uses in close proximity to a municipal wastewater treatment plant can be equated to
safeguarding the health, safety and welfare of the public from a "special circumstance." Permitted uses
within the OS Zone include agriculture, passive parks, and unlighted recreation facilities for small-scale,
unorganized use. The proposal would eliminate the potential for industrial .uses, including heavy
industrial, to be developed on the site, adjacent to existing and planned residential development to the
immediate west, south, and southwest.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on December 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,
parking, 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 November 20,
2006, in accordance with CEQA.
PH - S:\GPA 4th 2006\06-2022\Staff Reports\Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Hearings
ITEM: '-\. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
January 22, 2007
APPROVED
SUBJECT: General Plan Amendment/Zone Change 05-1887 (Ward 1)
CITY ATTORNEY
CITY MANAGER
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 comer of East Planz Road and Washington Street (future).
1. Resolution denying the general plan amendment changing the land use designation
from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density
Residential) on 39.29 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and
amendment to Zoning Map No. 124-16 from M-1 (Limited Manufacturing) and M-3
(Heavy Industrial) to P.U.D. (Planned Unit Development) on 39.29 acres.
RECOMMENDATION:
Case withdrawn by applicant, contingent upon prior approval of GPAlZC 06-2022. If GPAlZC 06-2022 is
not approved, staff recommends denial of the proposed general plan amendment and zone change.
BACKGROUND:
The attached letter dated January 18, 2007, submitted by Teri Bjorn on behalf of the applicant, Mel
Heinemann, requests that this case be withdrawn, contingent upon prior approval of GPAlZC 06-2022,
which is also on the current agenda. In her letter, Ms. Bjorn further states that if GPAlZC 06-2022 is not
approved, then Mr. Heinemann will proceed with this case. The background of this case, including its
relationship to GPAlZC 06-2022, is described in the following paragraph.
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. Following a recommendation of denial by the Planning Commission on June
15, 2006, this case was scheduled for consideration by the City Council on August 16, 2006, at which time
the Council continued the case without discussion at the request of Mr. Heinemann. Prior to that date, Mr.
Heinemann had begun negotiations with the City to trade the subject property for a piece of City-owned
property of equal size at the southeast comer of Cottonwood Road and E. Berkshire Road that he
considered to be suitable for residential development. In anticipation of approval of the proposed land
ADMINISTRATIVE REPORT
Page 2
trade agreement, Mr. Heinemann filed a separate GPA/ZC application (06-2022) covering both the
GPA/ZC 05-1887 property and the above-described City-owned property. Approval of GPA/ZC 06-2022 is
necessary in order to accommodate residential development on the City-owned property and to preclude
residential and industrial development on the GPA/ZC 05-1887 property. On November 15, 2006, the
Council again continued this case without discussion at the request of Mr. Heinemann. On January 17,
2007, the Council approved the land trade agreement, subject to the approval of GPA/ZC 06-2022.
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.
PH - S:\GPA 2nd 2006\05-1887\Staff Reports\Admin Report3.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7, 2007
AGENDA SECTION: Hearings
ITEM: L.\ .e.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
January 16, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan AmendmentlZone Change 06-0940 (Ward 3)
Mcintosh & Associates representing Mountain View Bravo, LLC, the prope owner,
has applied for a general plan amendment and zone change on approximately 47.25
acres located along the north side of Highway 178, east of the future extension of
Vineland Road, south of City Hills Drive, and west of Canteria Drive.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial)
and LR (Low Density Residential) to LMR (Low Medium Density Residential) on
47.25 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Maps No. 104-17 and 104-20 from
C-2 (Regional Commercial) to R-21PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 37.74 acres and R-1 (One Family
Dwelling) to R-21PUD on 9.51 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 452 residential units on the 47.25-
acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on December 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 projed would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on October
27, 2006, in accordance with CEOA.
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Hearings
ITEM:
I .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
January 8, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0668. rNard 3)
Joseph Gergen, representing Church of Christ of East Bakersfield, the prope owner,
has applied for a general plan amendment and zone change on approximately 6 acres
located along the north side of Bernard Street, approximately 900 feet west of Oswell.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from HR (High Density
Residential) to HMR (High Medium Density Residential) on 5 acres and MC
(Major Commercial) to HMR on one acre.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map No. 103-22 from PUD
(Planned Unit Development Zone) to R-2 (Limited Multiple-Family Dwelling Zone)
on 5 acres and R-1-CH (One Family Dwelling Zone/Church Combining Zone) to
R-2 (Limited Multiple-Family Dwelling Zone) on one acre.
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 76 multi-family homes
on the 6-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on December 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 are
recommended as part of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on November 1, 2006,
in accordance with CECA.
MO . S:\GPA 4th 2006\06-0668\Staff ReportslAdmin Report 0668.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Hearings
ITEM: 4 .~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
January 10, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0544 (Ward 3).
Third Day Investments Group, LLC, representing Third Day Investment Group, LL , Roger
C. Alfred, Michael Hawkins, Iva Hawkins; Dark Investments, LLC, RAM Financial Services
Inc., the property owners, has applied for a general plan amendment and zone change on
10-acres, located on the west side of Vineland Road, north and south of Panorama Drive.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential) to
HMR (High Medium Density Residential) on 10-acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 104-18 from R-1 (One Family
Dwelling) to R-2 (Limited Multiple Family Dwelling) on 10-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 80 multiple-family residential dwelling units on the 10-
acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
December 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 November 8, 2006,
in accordance with CEOA.
S:\GPA 4th 2006\06-0544\Staff Reports\Admin Report 02-07-07.doc
, ADMINISlRA liVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Hearings
ITEM: t.I..f-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
January 2, 2007
CITY A TIORNEY
CITY MANAGER
SUBJECT: General Plan AmendmentlZone Change 06-0961 (Ward 3)
Sikand Engineering, representing Sky 21, LLC and Northeast 21 Ventur s, LLC,Ahe
property owners, has applied for a general plan amendment and zone chan on 634:t
acres generally located east of Kern Canyon Road (Highway 184), approximately 1 % miles
north of Breckenridge Road, between the future extension of Edison Road on the west and
Comanche Drive to the east; comprising the majority of Section 21, T29S, R29E, M.D.B.M.
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Zone Change No. 06-0961.
2. Resolution adopting the general plan amendment changing the land use
designations from OS (Open Space), ER (Estate Residential), R-MP (Resource-
Mineral Petroleum) and SR (Suburban Residential) to HR (High Density
Residential) on 45 acres, HMR (High Medium Density Residential) on 190 acres,
LMR (Low Medium Density Residential) on 275 acres, and LR (Low Density
Residential) on 124 acres and a General Plan Circulation Element Amendment to
re-align an arterial street (Masterson Street/Edison Road) and re-align a separate
collector street (Chase Avenue).
3. First reading of ordinance amending Title 17 of the Municipal Code and amending
Zoning Map No. 104-21 from an RH (Residential Holding) zone to an R-1/ PUD
(One Family Dwelling/Planned Unit Development) zone on 217 acres, R-21PUD
(Limited Multiple Family Dwelling/Planned Unit Development) zone on 326 acres,
and R-3/PUD (Multiple Family Dwelling/Planned Unit Development) zone on 91
acres.
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution approving the
proposed general plan amendment, and first reading of the ordinance.
BACKGROUND:
The project is commonly known as Riverview Development - Project #06-0961 (Project) and consists of
approximately 634 acres. For purposes of analyzing the environmental impacts of the proposed project,
the EIR considered impacts of constructing a maximum of 3,181 units on the project site, a concurrent
ADMINISTRATIVE REPORT
Page 2
general plan amendment and zone change, and land subdivision.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was
prepared. The Planning Commission and staff conducted several hearings on the EIR including a public
scoping meeting on June 20, 2006, an adequacy hearing to receive comments on the Draft EIR on
October 19, 2006, and a hearing on the Final EIR on December 21, 2006. The Final EIR was
recommended for certification by the Planning Commission on December 21, 2006.
The Planning Commission conducted a public hearing on this general plan amendment/zone change and
recommended approval to the City Council on December 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.
Mitigation measures which address aesthetics, light, and glare, air quality, biological resources, cultural
resources, geologic and seismic hazards, hydrology and water quality, noise, public health and safety,
public services and utilities, and traffic impacts are recommended as part of the project approval.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as
conditions of approval, and construction in accordance with the Uniform Building Codes, project related
impacts for aesthetics, light and glare and noise impacts would remain significant. Staff and the Planning
Commission recommend certification of the Final EIR and accompanying mitigation monitoring and
reporting program and the adoption of CEQA findings and a statement of overriding considerations as
required pursuant to State CEQA Guidelines Sections 15091 and 15093.
ADMINISTRATIVE REPORT
MEETING DATE: February 7, 2007
AGENDA SECTION: Hearings
ITEM: Lt. C\ .
U
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
January 10, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan AmendmenVZone Change 06-1018 (Ward 3).
/
Cal-Kem Development III, LLC, representing Cal-Kem Development III, LLC has applied for
a general plan amendment and zone change on 41-acres, located on the north side of
Moming Drive, approximately one-quarter mile north of the Paladino Drive/Moming Drive
intersedion.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from OS-S (Open Space - Slopes) and
R-MP (Resource - Minerals and Petroleum) to LR (Low Density Residential) on 41-
acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the
Municipal Code and amending Zoning Map No. 104-07 from A (Agriculture) to R-1
(One Family Dwelling) on 20.5 acres and A-HD (Agriculture - Hillside Development) to
R-1-HD (One Family Dwelling - Hillside Development) on 20.5 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 180 single-family residential dwelling units on the 41-
acre project site.
The Planning Commission conducted a public hearing on this general plan amendmenVzone change on
December 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 effed
on the environment. Therefore, a Negative Declaration was prepared and posted on November 22,2006,
in accordance with CEOA.
S:\GPA 4th 2006\06-1 018\Staff Reports\Admin Report 02-07-07 .doc
ADMINISTRATIVE. REPORT
MEETING DATE: February 7,2007
AGENDA ~ECTION: Consent - Hearings
ITEM: '1. n.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
January 12,2007 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing to consider an appeal by James B. Wiens, cr ord 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 first reading of ordinance denying the appeal, approving the Negative Declaration
and approving Zone Change No. 06-0581.
BACKGROUND:
The applicant and appellant have met and agreed to the following conditions of approval. The appellant
has agreed not to oppose the zone change request if the conditions shown below are attached to the
project. The applicant has agreed to the following changes:
Revise Condition No.7 to read: "Adjacent to A (Agriculture) zoning, the lots shall have a minimum
lot depth of 175 feet and shall be designed so that rear yards abut the A (Agriculture) zone. , eKee~t
'J.'hOA a read Ge~aF'atoG the leta fr:eFR the A (J\gr~6~lt~F'e ).
Add the following conditions. The Fire Chief recommends Conditions 12 and 13 be added for public
safety reasons. The proposed conceptual lot layout shown in Exhibit "2" does not quite meet
minimum standards and is an exception and not the rule.
Jeng IJanuary 12, 2007, 9:55AM
S:\Dana\admln\2007\Feb\2-7-0581 appeal
ADMINISTRATIVE REPORT
9. The development of the project site shall be as shown on the attached Exhibit "2" depicting a
maximum of 26 residential lots and a drainage basin. (Note: The Public Works Dept. and Fire
Dept. have agreed to the maximum 26 lots as shown on Exhibit "2".)
10. Upon development of the property, developer shall construct a six (6) foot high concrete block
wall along the east and south boundaries of the project site.
11. Upon development of the property, developer shall record a waiver of vehicular access along
the east and south boundaries of the property to prevent access from the adjacent agricultural
properties.
12. The street width shall be 60 feet wide (as shown on Exhibit "2") and shall stay at that width to
maintain access. (Fire Dept. requirement for public safety.)
13. Fire hydrants are required and installed per Fire Department (see David Weirather, Fire
Prevention section) (Fire Dept. requirement for public safety.)
At the request of Marino and Associates, the applicant, this public hearing was continued from the
November 15, 2006 Council meeting. 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 are in the memorandum from
the Development Services Director attached as background information. 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 and then again to February 7,2007.
On July 20, 2006, the Planning Commission held an advertised public hearing on this zone change
request, and recommend adoption by the City Council, subject to conditions of approval. An appeal
was filed by James B. Wiens, representing the Stoller and Lehr families, whom are adjacent land
owners with agricultural operations. The zone change requests to pre-zone the property from an A
(Agriculture) to an R-S (Residential Suburban) zone on 20 acres for purposes of large lot single family
residential development located on the south side of Pioneer Drive (extended), approximately 660 feet
east of Vineland.
The reason for the request is to bring the zoning into conformance with the existing SR (Suburban
Residential) General Plan Land Use designation on the subject property. The SR designation on the
-subject property and adjacent land including most of the Stoller and Lehr properties was determined by
the County of Kern. The 20 acre project site is currently undeveloped and the property owners have
requested annexation to the City.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
Based on the agreement between the appellant and the applicant to revised and add conditions of
approval as shown above, staff recommends to deny the appeal and hold first reading of the zone
change incorporating the changes to conditions agreed to by the appellant and applicant.
Jeng IJanuary 12, 2007, 10:00AM
S:\Oana\admin\2007\Feb\2-7 -0581 appeal
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Hearings
ITEM: L.f. i .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
January 16, 2007
APPROVED
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-1692 (Ward 4 Upon Annexatr6n)
Adavco, Inc. representing Bidart Brothers, LLC, the property owner, has applied for a
general plan amendment and zone change on approximately 39.41 acres located on
the north side of Etchart Road, between Calloway Drive and Coffee Road.
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 39.41 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 102-05 from E (Estate
Residential) to R-1 (One Family Dwelling) on 39.41 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 220 residential units on the 39.41-
acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on December 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, parks, Meadows Field Airport compatibility, traffic impacts 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
November 1, 2006, in accordance with CEQA.
CG-S:\GPA 4th 2006106-1692\Statf ReporlslAdmln Reporldoc
ADMINISTRATIVE REPORT
MEETING DATE: February 7, 2007
AGENDA SECTION: Hearings
ITEM: L-\. i
u
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
January 16, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-1014 (Ward 5 or 6 Upon A~' atia )
The Lusich Company representing Old River Road, LLC, the property 0 er, has
applied for a general plan amendment and zone change on approximately 9.5 acres
located north of McCutchen Road between Old River Road to the west and Progress
Road to the east.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource - Intensive
Agriculture) to LR (Low Density Residential) on 99.5 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 123-29 from A (Exclusive
Agriculture) to R-1 (One Family Dwelling) on 99.5 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 330 residential units on the 99.5-acre
project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on December 21, 2006, and recommended approval to the City Council. The Sierra Club submitted
written comments on the environmental review and addressed numerous issues including agricultural
land conversion, air quality, light pollution, biological resources, traffic, and public services and
utilities, and requests the preparation of an EIR for the project. City Staff prepared a response to the
Sierra Club and addressed each comment in a memo contained in the back-up materials. No other
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, noise impacts, agricultural conversion, traffic impacts 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
November 3, 2006, in accordance with CECA.
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Hearings
ITEM: I.L 1(.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
January 16, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0535 (Ward 5 or 6 Upon A
Mr. Dave Dmohowski representing John Bianchi, the property owner, has applied for
a general plan amendment and zone change on approximately 21.5 acres located at
the northeast comer of Taft Highway and Buena Vista Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource - Intensive
Agriculture) to GC (General Commercial) on 16.5 acres and OC (Office
Commercial) on 5 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 123-31 from A (Exclusive
Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial
Development) on 16.5 acres and C-O (Professional and Administrative Office) on
5 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 230,000 square feet of office and
retail gross leasable area on the 21.5-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on December 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, neighborhood access, 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
November 8, 2006, in accordance with CECA.
CG-S:\GPA 4th 2006\06-0535\Staff ReportslAdmin Reportdoc
ADMINISlRA liVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Consent
ITEM: 4. t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
January 31, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 05-1947, Appealed (Ward 5/6
Banducci Land, LLC, the property owner, has applied for a general plan amendment and
zone change on approximately 46 acres located at the northwest comer 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 this item be continued to the next General Plan 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 August 30, 2006. On August 30, 2006, the
item was heard and continued to the next general plan amendment cycle. On November 15, 2006, the
item was heard and continued to the next general plan amendment cycle for the second time.
Subsequently, the applicant and appellant met but were unable to resolve their differences. Staff
recommends that this item be referred back to staff. At the time when either the applicant and appellant
have resolved their differences or have determined that no further negotiations will be conducted, staff will
schedule this item for the next available City Council general plan amendment cycle meeting.
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. Upon annexation into the City, the proposal would allow for the development of
approximately 181 single-family homes on the 46-acre project site. Anna Dezember, representing
StructureCast, a precast concrete manufacturing facility to the north of the site, testified during the June
ADMINISTRATIVE REPORT
Page 2
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.
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 GPA/ZC 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 GPA/ZC 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
ADMINISTRATIVE REPORT
Page 3
requests is much greater. Staff feels that the long-term compatibility of the proposed residential
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 Report4.doc
ADMINISlRA liVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Hearings
ITEM: 4.ry\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
January 8, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan AmendmentlZone Change 06-0938. CNard 6 upon annexatiQff
./
Mcintosh & Associates for Centex Homes, representing Tommye Joe Bar cini, the
property owner, has applied for a general plan amendment and zone chan e on 20
acres located at the southeast comer of Taft Highway and Ashe Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from RR (Rural Residential) to
LMR (Low Medium Density Residential) on 20 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map Nos. 142-03 from R-S-
20A (Residential Suburban-20 acres minimum Zone) to R-2 (Limited Multiple-
Family Dwelling Zone) on 20 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 100 single-family
homes (home-sites to be less than 6,000 square feet) on the 20-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on December 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 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 October 20,2006,
in accordance with CECA.
MO. S:\GPA 4th 2006\06-0938\Staff Reports\Admin Report 0938.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Closed Session
ITEM: 6.o..-c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
January 24, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
r/t!
SUBJECT: 1.
Conference with Legal Counsel - Potential litigation ,/'
Closed session pursuant to subdivision (b)( 1 )(3)(C) of Government Co e section
54956.9 - Claim of Caden Waskom.
2. Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
(2 cases):
. DKS Investments, LLC, et af v. City of Bakersfield
Kern County Superior Court Case No. S-1500-CV- 259731-LPE
. John M. Tarabino, et al v. City of Bakersfield, et al
KCSC Case No. S-1500-CV-257620-SPC
3. Conference with Legal Counsel - Potential Initiation of Litigation
Closed session pursuant to subdivision (c) of Government Code section 54956.9.
(4 issues).
VG:dll
S:\COUNCILlCI SesslAdmlns\06-07\02-7 -07PoIUIExisUllPotlnlt.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Presentations
ITEM: q.a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
January 26, 2007
~OVED
DEPARTMENTHEAD~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Don Vereen, Lieutenant v mor of Kiwanis
Division 33, proclaiming February 13, 2007, as "Kiwanis Club of Bakersfiel Day".
RECOMMENDATION:
BACKGROUND:
ndw
January 25, 2007, 5:20PM
S:\MAYOR\ADMIN\2007\KIWANIS DAY. dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
January 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
VED
SUBJECT: Presentation by Mayor Hall of Proclamation to Janice Horcasitas, Presi t of erican
Society of Civil Engineers Southern San Joaquin Branch, proclaiming Febru ry 18-24,
2007, as "National Engineers Week".
RECOMMENDATION:
BACKGROUND:
ndw
January 25.2007, 5:14PM
S:\MA YOR\ADMIN\2007\NA TIONAL ENGINEERS WEEK.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Hearings
ITEM: l,l.a.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ..:;;t;--
January 8, 2007 CITY ATTORNEY ~
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-1037. (Ward 4 upon annexati
Comerstone Engineering, Inc., representing Christ Cathedral Church, a Califomia
Corporation, the property owner, has applied for a general plan amendment and zone
change on 20 acres located along the north side of Rosedale Highway, approximately
660 feet west of Allen Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from UER (Urban Estate
Residential) to SR (Suburban Residential) on 11.54 acres and LR (Low Density
Residential) on 8.46 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map No. 101-23 from
County A (Agriculture) to E (Estate Zone) on 11.54 acres and R-1-CH (One-
Family Dwelling/Church Zone) on 8.46 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 26 single-family residential units on the 20-acre
project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on December 21,2006. No agencies present opposed
the request. There were four property owners that live in the area of the project that attended the
meeting who spoke on the proposal. Their concerns were mainly on traffic congestion along Rosedale
Highway and Allen Road and vicinity. Staff's response was that Rosedale Highway was under the
jurisdiction of the State (Caltrans) and any improvements to the facility would be done to State
standards. Wording to Condition #12 was added, that dealt with traffic to and from the project, at the
hearing to alleviate the concems. Commissioner Tragish was not satisfied and voted in opposition to
the project. He thought the project was premature and does not lend itself to orderly development,
worsens Rosedale Highway and no mitigation addresses the issue adequately. The applicant has
ADMINISTRATIVE REPORT
Page 2
agreed to all conditions and mitigation for the project including the wording added to Condition #12 by
City Staff. Conditions of approval and mitigation measures which address cultural resources, noise,
traffic, public improvements along Rosedale Highway, North of the River Recreation and Park District,
and the Division of Oil, Gas and Geothermal Resources 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 October 27,2006,
in accordance with CEOA.
MO -S:\GPA 4th 2006\06-1037\Staff Reports\Adm Rpt 06-1037.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGEND~ SECTION: Hearings
ITEM: IrJ. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
SUBJECT:
General Plan AmendmentlZone Change 06-0925 (Ward 5).
CITY MANAGER
;;
~.
January 10, 2007
CITY ATTORNEY
/
Mcintosh and Associates for John Glenn Carmichael; Paul Dale Carmichael, Julie Anne
Carmichael Curtis, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin
Franklin Wall, Jr., Estate of Hilton Frazier Wall, Jr., John Richard Wall, James Pearson
Wall, Jr., the property owners has applied for a general plan amendment and zone
change on 60-acres, located at the northeast comer of Panama land and South Allen
Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource - Intensive
Agriculture) to LR (Low Density Residential) on 50-acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 122-24 from A-20A
(Agriculture - 20 acre minimum) to R-1 (One Family Dwelling) on 6o-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 218 single-family residential dwelling units on the 60-
acre project site.
The Planning Commission conducted a public hearing on this general plan amendment and
recommended approval to the City Council on December 21, 2006. Roger Mcintosh representing John
Glenn Carmichael, Paul Dale Carmichael, Juliann Carmichael, Kurtis Estate of Charlotte F. Grear,
Estate of Martha Fatodd, Irwin Franklin Walt, Jr., Estate of Hilton Frazier Wall, Jr., John Richard Wall,
and James Pierson-Wall, Jr., addressed the Planning Commission during the publiC hearing and stated
that he is not opposed to Staff's recommendation other than the fact that Condition No. 8 requires his
clients to construct a significant amount of improvements on adjacent property. Mr. Mcintosh stated
this would require full improvements for the north side of Panama Lane along the front of the 4o-acre
parcel to the east of the GPA zone change area, and the justification is for orderly development. Mr.
Mcintosh requested that Condition No. 8 be removed because his client would have to spend an
ADMINISlRA liVE REPORT
Page 2
additional $350,000 to get it accomplished. The Commission added the following language to
Condition No. 8 commencing at the end of that particular paragraph, stating: "Staff will attempt to place
two lanes of this segment on the RTIF list so that credit will be available for this developer, and also to
the effect that if the property to the east comes in for a General Plan Amendment and development of
the property that responsibility of this applicant to improve the property frontage to the east will be
vacated." In addition, conditions of approval and mitigation measures which address air quality, cultural
resources, and traffic are recommended as part of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on November 21,
2006, in accordance with CEQA.
S:\GPA 4th 2006\06-0925\Staff Reports\Admin Report 02-07-Q7.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 7,2007
AGENDA SECTION: Hearings
ITEM: la. ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
January 17, 2007
CITY ATTORNEY
SUBJECT: General Plan Amendment/Specific Plan/Zone
Agreement 0Nard 5 or 6)
Castle and Cooke California, Inc., the property owner, has applied for a general plan
amendment, specific plan adoption, zone change, and development agreement approval
for the West Ming project on 2,184 acres generally located between Ming Avenue
(extended) and the Southem Pacific Railroad, Buena Vista Road and future West
Beltway.
1. Resolution making findings approving and certifying the Final Environmental
Impact Report (EIR) for General Plan Amendment/Specific Plan Approval/Zone
Change No. 03-1544, known as the West Ming Project.
2. Resolution adopting the general plan amendment changing the land use
designations from R-IA (Resource - Intensive Agriculture), R-MP (Resource -
Mineral Petroleum), and OS (Open Space) to West Ming Specific Plan, and
change the Kern River Plan Element Land Use Designations from 8.1 (Intensive
Agriculture), 8.1/2.1 (Intensive Agriculture/Seismic Hazard Overlay), 8.4 (Mineral
and Petroleum), and 2.5 (Flood Plain Overlay) to West Ming Specific Plan, and
amending the Circulation Element to change the Circulation Element alignment
of the collector roads within the project boundaries to deviate from the current
grid pattern, re-designate White Ln. and Ming Ave. (west of South Allen Road)
from arterials to collectors as shown in the West Ming Specific Plan.
3. Resolution approving the West Ming Specific Plan changing the existing
Metropolitan Bakersfield General Plan and the Kern River Plan Element Land
Use Elements to WM-LR 0Nest Ming - Low Density Residential) on 448 acres; to
WM-LMR 0Nest Ming - Low Medium Density Residential) on 980 acres; to WM-
HMR (West Ming - High Medium Density Residential) on 378 acres, to WM-HR
(West Ming - High Density Residential) on 43 acres, to WM-GC 0Nest Ming -
General Commercial) on 41 acres, to WM-OC (West Ming - Office Commercial)
on 9 acres, to WM-MU 0Nest Ming - Mixed Use) on 63 acres, and to WM-SU
(West Ming - Special Use) on 220 acres.
4. Resolution approving amendment to Title 17 of the Municipal Code by adopting
the West Ming Specific Plan zoning for the project site changing the zoning to
WM-R1 (West Ming One Family Dwelling Zone) on 448 acres, to WM-R2 (West
Ming Limited Multiple Family Dwelling Zone) on 1,358 acres, to WM-R3 0Nest
Ming Limited Multi-Family Dwelling Zone) on 43 acres, to WM-CO (West Ming
ADMINISTRATIVE REPORT
Page 2
Professional and Administrative Office Zone) on 41 acres, to WM-GC (West Ming
General Commercial Zone) on 9 acres, to WM-TC (West Ming Town Center
Zone) on 63 acres, and to WM-SU (West Ming Special Use Zone) on 220 acres.
5. Resolution approving the Development Agreement.
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adoption of a resolution approving
proposed general plan amendment, adoption of a resolution approving the West Ming Specific Plan,
adoption of a resolution approving the zoning for the West Ming Specific Plan, and, adoption of a
resolution approving the development agreement.
BACKGROUND:
The 2,184-acre West Ming project is on the edge of new development in southwest Bakersfield. The
proposal would accommodate the development of a new master planned community featuring a
balance of residential, retail, employment, recreation, and public facilities. A mixed-use Village Center
is proposed as the focal point of the new community, linked to residential neighborhoods by a system of
multi-purpose trails and local streets. The proposal consists of up to 7,450 dwelling unit, a Town
Center with 331,200 square feet of retail and office development, 478,880 square feet of commercial
and 1,135,000 square feet for special uses including light industrial and oil extraction. The proposal
features a Town Center as the retail and recreational focal point, a variety of residential densities,
public and private parks, trails and schools. The West Ming Specific Plan contains Implementation
Measures that will guide development of the master-planned community. A Development Agreement
which sets forth the developer's financial responsibilities in return for the ability to proceed with the
project in accordance with the existing policies, rules. and regulations is proposed.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance with CEOA, an EIR was
prepared. The Planning Commission and staff conducted several hearings on the EIR including a
public scoping meeting on June 1, 2005, an adequacy hearing to receive comments on the Draft EIR
on October 5, 2006, and a hearing on the Final EIR on December 21, 2007. The Final EIR was
recommended for certification by the Planning Commission on January 4, 2007. Copies of the Final
EIR on CD are contained in the Councilmember binders; hard copies of the Final EIR are available in
the City Clerk's Office.
The Planning Commission conducted a public hearing on this project on December 21, 2006. Four
speakers spoke in favor of the project during the public hearing. Gordon Nipp, representing the Sierra
Club, spoke about concerns with cumulative traffic and air quality impacts, and light pollution, but
supported the inclusion of the mitigation measure addressing loss of agricultural land, and the good
design features for trails and mixed uses. The City of Shafter submitted a letter questioning the
adequacy of the West Ming EIR just prior to the start of the December 21st Planning Commission
meeting. The Commission referred the Shafter letter to staff for review and preparation of responses to
be considered at the January 4,2007 Commission meeting. The Planning Commission considered all
documents, comments and responses to comments prepared for the project and recommended
approval of the project to the City Council on January 4, 2007. The applicant has agreed to all
conditions of approval and mitigation measures.
ADMINISTRATIVE REPORT
Page 3
Adoption of a Statement of Overriding Considerations is necessary for the following impacts that can
not be mitigated to a less than significant level: traffic impacts. increased noise levels and loss of
agricultural resources, and would remain significant.
Staff and the Planning Commission recommend certification of the Final EIR and accompanying
mitigation monitoring and reporting program and the adoption of CEOA findings and a statement of
overriding considerations as required pursuant to State CEOA Guidelines Sections 15091 and 15093.
Jeng\ S:\West Mlng Specific Plan\CC\GPA-SP-ZC Admin Report.doc
January 18, 2007
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 17, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Special Meeting 3:00 p.m.
SPECIAL MEETING - 3:00 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson (seated at 3:03
p.m.) Benham, Weir, Couch, Hanson,
Sullivan (seated at 3:02 p.m.), Scrivner
(seated at 3:02 p.m.)
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b )(1 )(3)(C) of Government Code
Section 54956.9 - Claim of Kern Charter
Service.
b. Conference with Legal Counsel - Existing Litigation:
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. DKS Investments, LLC, et al v City
2. John M. Tarabino, et al v City, et al
3. North Kern Water Storage District v Kern
Delta Water District, et al
Bakersfield, California, January 17, 2007 - Page 2
ACTION TAKEN
3. CLOSED SESSION continued
c. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code
Section 54956.9. (One issue)
d. Conference with Legal Counsel- Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (One issue)
City Clerk McCarthy announced a correction to item
4.c. to read "...subdivision (b)(1)(3)(A) of
Government Code Section 54956.9."
Motion by Vice-Mayor Hanson to adjourn the
meeting to Closed Session at 3:02 p.m.
4. CLOSED SESSION ACTION
APPROVED
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b )(1 )(3)(C) of Government Code
Section 54956.9 - Claim of Kern Charter
Service.
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. DKS Investments, LLC, et al v City
2. John M. Tarabino, et al v City, et al
3. North Kern Water Storage District v Kern
Delta Water District, et al
c. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b )(1 )(3)(C) of Government Code
Section 54956.9. (One issue)
Bakersfield, California, January 17, 2007 - Page 3
4.
CLOSED SESSION ACTION
ACTION TAKEN
d. Conference with Legal Counsel- Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (One issue)
Motion by Councilmember Couch to adjourn from
Closed Session to Regular Meeting at 5:15 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Bakersfield, California, January 17, 2007 - Page 4
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 17, 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:
Vice-Mayor Hanson, Councilmembers
Carson, Benham, Weir, Couch, Hanson,
Sullivan, Scrivner
Absent:
Mayor Hall
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b )(1 )(3)(C) of Government Code
Section 54956.9 - Claim of Kern Charter
Service.
b. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. DKS Investments, LLC, et al v City
2. John M. Tarabino, et al v City, et al
3. North Kern Water Storage District v Kern
Delta Water District, et al
Bakersfield, California, January 17, 2007 - Page 2
ACTION TAKEN
4. CLOSED SESSION continued
c. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(C) of Government Code
Section 54956.9. (One issue)
d. Conference with Legal Counsel- Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (One issue)
City Clerk McCarthy announced a correction to item
4.c. to read "...subdivision (b)(1)(3)(A) of
Government Code Section 54956.9."
Motion by Councilmember Couch to adjourn the
meeting to Closed Session at 5:17 p.m.
APPROVED
Motion by Councilmember Benham to adjourn from
Closed Session at 6:17 p.m.
APPROVED
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent:
None
6. INVOCATION by Pastor Jake Kloppenstein, Associate
Pastor of Adult Ministries, Rosedale Bible Church.
7. PLEDGE OF ALLEGIANCE by Andrea Navarro, 6th Grade
Student at Colonel Nichols.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code
Section 54956.9 - Claim of Kern Charter
Service.
SETTLEMENT
ANNOUNCED
City Attorney Gennaro announced regarding item 4.a.
the City Council unanimously authorized settlement
with the claimant not to exceed on half of the claim
submitted.
Bakersfield, California, January 17, 2007 - Page 3
8.
CLOSED SESSION ACTION continued
ACTION TAKEN
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. DKS Investments, LLC, et al v City
2. John M. Tarabino, et al v City, et al
3. North Kern Water Storage District v Kern
Delta Water District, et al
c.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(C) of Government Code
Section 54956.9. (One issue)
NO REPORTABLE
ACTION
Conference with Legal Counsel- Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (One issue)
9. PRESENTATIONS
d.
NO REPORTABLE
ACTION
a. Presentation by Mayor of certificates to the
Bakersfield Christian High School Volleyball
Team.
Stacey Amaya, Janie Atkinson, Kelly Atkinson,
Rachel Christian, Charlene DeHouge, Claire Flood,
Brianne Goodman, R. House, Carson Kovach, Terra
Leach, Justine Schoenfeld, and Alyssa Wolf
received certificates. Additionally, Mayor Hall
introduced coach Judy Rexroth and her father and
assistant coach, John Rexroth.
Judy Rexroth made comments.
10. PUBLIC STATEMENTS
a. Roy Malahowski, Devor Talley, Jacqueline Meares
(presented written material), Paula Doddy and
Nancy Winn spoke regarding traffic control near the
Bakersfield Homeless Center.
Councilmember Benham directed Police and Public
Works staff maintain close contact with Roy
Ma/ahowski and Louis Gill regarding traffic control near
the Bakersfield Homeless Center.
Bakersfield, California, January 17, 2007 - Page 4
10.
PUBLIC STATEMENTS continued
ACTION TAKEN
b. Andrea Selvidge, for Young Woolridge, on behalf
of Ken and Carla Nelson, Ken Nelson, Rueben
Castro, Issac Nelson and Maria Sanchez spoke
regardin,g Consent Calendar item 12.j.
c. LaQuette Milner, Director of the LQ Performing Arts
Center, and Alma Gonzales spoke regarding
support for that organization.
Councilmember Benham requested staff contact Ms.
Milner regarding street lighting and police service in
the area of the Center.
d. Patrick Frase, Keep Bakersfield Beautiful
Committee Vice-Chairperson, spoke regarding the
Committee's recent conference in Bakersfield.
11. APPOINTMENTS
a. One appointment to the Golden Empire Transit
District, due to the expiration of term of
Christopher Finberg, term expired January 6,2007.
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Ledbetter
Ledbetter
Ledbetter
Ledbetter
Ledbetter
Ledbetter
Ledbetter
Motion by Vice-Mayor Hanson to appoint Norris
Ledbetter to a four year term on the Golden Empire
Transit District.
APPROVED
b. One appointment to the Miscellaneous Civil Service
Board, due to the resignation of Sam Chow, term
expiring December 31, 2008.
Motion by Vice-Mayor Hanson to re-advertise the
Miscellaneous Civil Service Board vacancy and place
back before Council on February 28th.
APPROVED
Bakersfield, California, January 17,2007 - Page 5
11.
APPOINTMENTS continued
ACTION TAKEN
c. One appointment to the Keep Bakersfield Beautiful
Committee due to the resignation of Sherry Core
(Ward 3).
Motion by Councilmember Weir to appoint Leah Carter
to the Keep Bakersfield Beautiful Committee due to the
resignation of Sherry Core, term ending in November,
2010.
APPROVED
d. Appointments to City Council Committees and other
special Committees and Boards by Vice-Mayor
Hanson 2007 - 2008.
BUDGET AND FINANCE
Ken Weir - Chairperson
Sue Benham
Irma Carson
COMMUNITY SERVICES
Jacquie Sullivan - Chairperson
Irma Carson
Sue Benham
SAFE NEIGHBORHOODS
Irma Carson - Chairperson
lack Scrivner
Jacquie Sullivan
LEGISLATION AND LITIGATION
Sue Benham - Chairperson
David Couch
Jacquie Sullivan
PERSONNEL
Harold Hanson - Chairperson
David Couch
Ken Weir
PLANNING AND DEVELOPMENT
lack Scrivner - Chairperson
Ken Weir
Harold Hanson
WATER RESOURCES
David Couch - Chari person
Harold Hanson
lack Scrivner
Bakersfield, California, January 17, 2007 - Page 6
11.
APPOINTMENTS continued
Item 11.d. continued
ACTION TAKEN
KERN COUNCIL OF GOVERNMENTS
David Couch (through 3/31/07
lack Scrivner (effective 4/1/07)
Harold Hanson (alternate)
KERN ECONOMIC DEVELOPMENT
CORPORATION
To be determined
KERN COUNTY MUSEUM AUTHORITY
Harvey L. Hall - Representative
SOLID WASTE MANAGEMENT ADVISORY
COMMITTEE
lack Scrivner - Member
Harold Hanson - Alternate
PLANNING COMMISSION LIAISON
lack Scrivner
LAFCO
Counch - Representative
Weir - Alternate
Motion by Councilmember Sullivan to approve the slate
of committee appointments.
APPROVED
NS BENHAM,
COUCH
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the December 13, 2006
Regular City Council Meeting.
Payments:
b. Approval of department payments from December
1, 2006 to January 4, 2007 in the amount of
$41,276,358.65 and self-insurance payments from
December 1, 2006 to January 4, 2007 in the
amount of $398,419.65.
12.
Bakersfield, California, January 17, 2007 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
c.
First Reading of Ordinance amending Municipal
Code Sections 1.12.030, 1.12.040, 1.12.050
and 1.12.060 by adding Annexation No. 516
consisting of 25.94 acres located north of Kern
Canyon Road generally east of Morning Drive to
Ward 3, Annexation No. 504 consisting of 1.08
acres located north of Snow Road east of the Friant-
Kern Canal and west of Calloway Drive to Ward 4,
Annexation No. 500 consisting of 80.65 acres
located generally south of Panama Lane west of Old
River Road and Annexation No. 511 consisting of
78.83 acres located at the northeast corner of
McCutchen Road and Buena Vista Road to Ward 5
and Annexation No. 508 consisting of 43.39 acres
located at the southeast corner of McCutchen Road
and Ashe Road to Ward 6.
FR
d.
First Reading of Ordinance amending Title 17 of the
Municipal Code and Zone Map No. 103-25 by
changing the zoning from R-1 (One Family Dwelling)
to R-2 (Limited Multiple Family Dwelling) on .33 acre
located at 7400 Niles Street approximately .5 mile
west of Morning Drive. (ZC 06-1766) (Applicant: M
S Walker & Associates, Inc.lProperty Owners:
Eliseo Jara, Jr., H. Susan Barnett and Michael S.
Walker)
Adoption of Ordinance amending Sections
12.56.020, 12.56.080, 12.56.200 and 12.56.210
of the Municipal Code relating to parks.
ORD 4406
FR
e.
Resolutions:
f.
Wastewater Treatment Plant NO.3 Expansion
Project:
1. Agreement (engagement letter) with Kutak
Rock ($135,000) for bond counsel
services in connection with issuance of
bonds for project.
Agreement (engagement letter) with
Goodwin Procter ($77,500) for disclosure
counsel services for issuance of bonds for
project.
AGR 07-002
AGR 07-001
2.
Bakersfield, California, January 17, 2007 - Page 8
ACTION TAKEN
12. CONSENT CALENDAR continued
Item 12.f. continued
g.
h.
i.
3.
Resolution authorizing City to reimburse
itself for capital expenditures with proceeds
of future taxable or tax exempt borrowings in
accordance with the reimbursement
regulations.
RES 001-07
Resolution preliminarily approving Engineer's
Report and setting date for public hearing of
protests for Assessment District No. 06-1
(Etcheverry/Lin II/University Park).
Resolution expanding the list of charges to be
handled via the Community Prosecution
Program.
RES 002-07
RES 003-07
Resolution authorizing the requisite City personnel
to execute all documents required to access State
Water Resources Control Board Orphan Site
Cleanup Grant Funds ($1,500,000) for 1433 Union
Avenue within the Southeast Redevelopment
Project Area (Mill Creek South Mixed-Use Project).
RES 004-07
AGR 07-029
AND
SUPPLEMENTAL
DOCUMENTS
j. Resolutions approving applications proposing
proceedings for annexation of uninhabited territory
to the City identified as:
1.
Annexation No. 519 consisting of 103.73
acres located south of Panama Lane east of
Cottonwood Road.
REMOVED FOR
SEPARA TE
CONSIDERA TION
2. Annexation No. 566 consisting of 33.18
acres located north of Etchart Road east and
west of Coffee Road.
k. Sale of Real Property:
1.
Resolution declaring real property located at
the southwest corner of Olive Drive and
Calloway Drive surplus to needs of the City.
Agreement with Calloway Associates
($1,000,000) to purchase the property.
AGR 07-003
RES 007-07
2.
3.
Grant of easement to Southern California
Gas Company for a gas pipeline and
appurtenant facilities.
DEED 6610
DEED 6611
12.
Bakersfield, California, January 17, 2007 - Page 9
CONSENT CALENDAR continued
ACTION TAKEN
I.
RES 008-07
m.
Resolution approving Adoption Agreement
establishing an Irrevocable Trust Fund and Plan
for future retiree medical costs as it relates to the
City's Retiree Medical Subsidy program.
Resolution adding territory, Area 3-60 (Progress,
McKee N) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
RES 009-07
n.
Resolution adding territory, Area 5-20 (Berkshire,
Madison N) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
Resolution of Intention No. 1498 to add territory,
Area 4-67 (Morning, Paladino NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
RES 010-07
o.
RO/1498
p.
Resolution of Intention No. 1499 to add territory,
Area 1-67 (Brimhall, Calloway NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
RO/1499
Agreements:
q.
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6367 Unit 3 located north and south of
Berkshire Road and west of Highway 99.
2. Final Map and Improvement Agreements
with Frontier Ranch, LLC and California
Home Builders, Inc. for Tract 6364 Phase 2
located at the northeast corner of Reina
Road and Renfro Road.
3. Final Map with The Greater Bakersfield
Convention and Visitors Center and the
County of Kern for Parcel Map 10587
located at the southeast corner of Truxtun
Avenue and Q Street.
AGR 07-005
AGR 07-006
AGR 07-004
Bakersfield, California, January 17,2007 - Page 10
ACTION TAKEN
12.
CONSENT CALENDAR continued
Item 12.q. continued
r.
s.
t.
u.
Improvement Agreements with Castle and
Cooke Commercial CA, Inc. for Parcel
Map 11118 Phase 1 located at the southeast
corner of Pacheco and Gosford Roads.
Improvement Agreements with Ashe Road,
LLC for Parcel Map 11263 located between
the Southern Pacific Railroad and the
northwest intersection on Harris Road and
Ashe Road.
Agreement with City in the Hills Homeowners
Association to provide landscape maintenance
of the streetscape in Vesting Tentative Tract Map
6452 generally located south of City Hills Drive
between Canteria Drive and Garden Park Drive.
AGR 07-007
AGR 07-008
4.
5.
AGR 07-009
AGR 07-010
Agreement with Julian's Garden Homeowners
Association to provide landscape maintenance of
the greenbelt lots in Vesting Tentative Tract Map
6452 generally located south of City Hills Drive
between Canteria Drive and Garden Park Drive.
AGR 07-011
Landscape Maintenance Agreements:
1. Agreement with Castle & Cooke California,
Inc. to provide landscape maintenance of
The Shops at River Walk shopping center in
Vesting Tentative Parcel Map 10522
generally located south of Stockdale
Highway between Buena Vista Road and
Calloway Drive.
AGR 07-012
Agreement with Castle & Cooke California,
Inc. to provide landscape maintenance of
the University Park community in Vesting
Tentative Tract Map 6799 generally located
at the southwest corner of Ming Avenue and
Gosford Road.
Agreement with Kern Delta Water District and
Lennar Homes of California, Inc. for design,
construction and maintenance of the landscape
improvements within the canal easement located in
Tract 6290 (Stine and McKee Roads) adjacent to
the City landscape easement.
2.
AGR 07-013
AGR 07-014
Bakersfield, California, January 17,2007 - Page 11
12. CONSENT CALENDAR continued ACTION TAKEN
v. Agreement with Land Lot 1, LLC to trade property AGR 07-015
located at the southeast corner of Cottonwood Road DEED 6612
and E. Berkshire Road for property located at the DEED 6613
southwest corner of E. Planz Road and Washington
Street.
w. Jail Booking Fees:
1. Agreement with County of Kern ($1,080,429) AGR 07-016
for jail booking fees.
2. Appropriate $430,429 of State Booking Fee
Reimbursement Revenues to Police
Department Operating Budget within the
General Fund toward the cost of booking
fees.
x. Agreement with Coca-Cola Bottling AGR 07-017
Company of Southern California to provide
vending machines in public parks.
Agreement (ditch eradication) with LoLand Assets, AGR 07-018
y.
LP ($153,020) for the City to quitclaim a 2,600 ft.
portion of the City's easement of the Beardsley
Canal 5-Ditch located west of Calloway Road.
z. Agreement with Kern High School District (not to AGR 07-019
exceed $60,000) to be paid to the City for use of
aquatic facilities at McMurtrey Aquatic Center, Silver
Creek Pool, Dr. Martin Luther King, Jr. Pool and
Jastro Pool for practice and swim meets.
aa. Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 06-1877
(Coffee-Brimhall LLC) generally located north of
Brimhall Road, west & east of Coffee Road.
1. Agreement with Coffee-Brimhall LLC AGR 07-020
($286,379) for the preparation of the EIR,
and appropriate $214,838 (developer's
contribution) to the Development Services
Operating Budget in the General Fund.
2. Agreement with Christopher A. Joseph & AGR 07-021
Associates ($214,838) to prepare EIR.
bb. Amendment No.1 to Agreement No. WR06-025 AGR 07-022
with Kenneth D. Schmidt and Associates
($32,000; revised total not to exceed $107,000) to
include hydrogeologic services associated with pilot
hole sampling and construction of new City water
supply wells.
Bakersfield, California, January 17, 2007 - Page 12
12. CONSENT CALENDAR continued ACTION TAKEN
cc. Amendment No.1 to Agreement No. 05-031 (not to AGR 05-031(1)
exceed $259,085) with Acclimation Insurance
Management Services, Inc. (AIMS) for Workers'
Compensation claims administration services.
dd. Amendment NO.1 to Agreement No. 05-032 with REMOVED FOR
Acclimation Insurance Management Services, Inc. SEPARA TE
(AIMS) (not to exceed $13,333.33 per month) for eONSIDERA TION
automobile/generalliability claims administration
services.
ee, Amendment NO.2 to Agreement No. 05-0442 with AGR 05-442(2)
Krazan & Associates, Inc. ($250,000 total not to
exceed $600,000) for material testing services for
various construction projects (calendar years 2006
and 2007).
ff. Contract Change Order No.1 to Agreement No. 06- AGR 06-142 Ce01
142 with Bakersfield Well & Pump Company
($13,080 revised total not to exceed $1,080,225) for
abandonment of well CBK-48 on Barley Harvest
Avenue and additional soil compaction and testing.
gg. Contract Change Order No. 7 to Agreement No. 05- AGR 05-218 ce07
218 with Floyd Johnston Construction Company
($41,424.93, revised not to exceed $9,106,569.64)
for Trunk Sewer Replacement project along Planz
Road.
hh. Contract Change Order No.3 to Agreement No. 06- AGR 06-111 eC03
111 with A. C. Electric Company ($38,134.86,
revised not to exceed $556,427.86) for Traffic Signal
Interconnect Part 3 on Buena Vista Road, Coffee
Road, Old River Road, Truxtun Avenue and White
Lane.
Bids:
ii. Accept proposal from Dave Bang Associates, Inc.
(not to exceed $235,000) for playground equipment
for five (5) parks (Castle Park, Haggin Oaks Park,
Jefferson Park, Siemon Park and Patriot's Park.
jj. Accept bid from Granite Construction (not to exceed
$250,000) for the annual provision of HUD street
materials.
Bakersfield, California, January 17,2007 - Page 13
12. CONSENT CALENDAR continued ACTION TAKEN
kk. Accept bid from Three-Way Chevrolet ($86,998.83)
for four (4) replacement mid-size sedans for the
Public Works Department - General Services
Division and one (1) additional mid-size sedan for
Development Services.
II. Accept bid from En Pointe Technologies Sales, Inc.
($124,429) for replacement Panasonic Toughbook
computers.
mm. Accept bid from Refuse Power Systems
($593,202.69) for three (3) additional front loader
refuse trucks.
nn. 1600 Truxtun Avenue Improvements:
1. Accept bid and award contract to Masonry AGR 07-023
Contractor Installers, Inc. ($319,000) to
repair thin brick exterior fascia at 1600
Truxtun Avenue.
2. Appropriate and transfer $359,300 General
Fund lease revenues and $23,700 General
Fund balance to the Public Works
Department Capital Improvement Budget
within the Capital Outlay Fund for the
repairs.
00. Accept bid to award contract to Loop Electric, Inc. AGR 07-024
($126,985.95) for traffic signal and lighting system
installation on Hageman Road at Main Plaza Drive.
pp. Accept bid and award contract to Williams AGR 07-025
Scotsman, Inc. ($181,276.29) for providing
modular buildings for the Public Works Department
- Solid Waste Division.
qq. Accept proposal and award contract to MTM AGR 07-026
Technologies, Inc. (not to exceed $60,000) for
the Firewall and Virtual Private Network (VPN)
project.
rr. Accept bid and award annual contract to Jim Alfter AGR 07-027
Cement Contractor (not to exceed $994,000) for
construction of HUD funded curb and gutter.
ss. Accept bid and award contract to Wallace & Smith REMOVED FOR
Contractors ($3,310,690) to construct Fire Station SEPARA TE
NO.5 and Police Satellite Office. CONSIDERA TION
Bakersfield, California, January 17,2007 - Page 14
12.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
tt. Audit Reports for fiscal year ended June 30, 2006:
1. Comprehensive Annual Financial Report
(CAFR).
2. Independent Auditors Report - Single Audit
Report - Schedule of Federal Expenditures
for the City.
3. Independent Auditors Report - Compliance
with Contractual Requirements relative to
the Bakersfield Subregional Wastewater
Management Plan.
4. Independent Auditors Report on
Appropriations Limit Worksheet (GANN
Limit) of the City.
uu. Encroachment Permit to allow ten decorative arches
within City right-of-way at five intersections within
the McAllister Ranch Planned Community Area,
located at Canfield Parkway at Panama Lane;
Stetson Way at Panama Lane; McAllister Ranch
Road at Panama Lane; Stetson Way at Pensinger
Road; and, McAllister Ranch Road at Pensinger
Road.
City Clerk McCarthy announced correspondence
was received from Andrea Selvidge, for Young
Woolridge, in opposition to item 12.j.1.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through 12.uu., with the removal
of items 12.dd., 12.ss. and 12.j.1. for separate
consideration.
APPROVED
dd.
Amendment No.1 to Agreement No. 05-032 with
Acclimation Insurance Management Services, Inc.
(AIMS) (not to exceed $13,333.33 per month) for
automobile/general liability claims administration
services.
AGR 05-032(1)
Motion by Councilmember Couch to approve the
Agreement.
Bakersfield, California, January 17,2007 - Page 15
12.
CONSENT CALENDAR continued
ACTION TAKEN
ss.
Accept bid and award contract to Wallace & Smith
Contractors ($3,310,690) to construct Fire Station
NO.5 and Police Satellite Office.
AGR 07-028
Motion by Councilmember Carson to accept the bid
and award the contract.
APPROVED
j. Resolutions approving applications proposing
proceedings for annexation of uninhabited territory
to the City identified as:
1.
Annexation No. 519 consisting of 103.73
acres located south of Panama Lane east of
Cottonwood Road.
RES 005-07
2.
Annexation No. 566 consisting of 33.18
acres located north of Etchart Road east and
west of Coffee Road.
RES 006-07
Motion by Vice-Mayor Hanson to adopt the
Resolutions.
APPROVED
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a.
Public Hearing to consider Resolution approving the
Specific Parks & Trails Plan for the Old River Ranch
development area in southwest Bakersfield.
(Applicant: SmithTech USA Inc./Developer: PB
Ventures LLC) (File No. 06-0818)
RES 011-07
Development Services Director Grady made staff
comments.
Hearing opened at 7:51 p.m.
Greg Petrini and Tom Fallgatter, on behalf of
the Grimm-Marshall family spoke in favor of the
Resolution.
Hearing closed at 7:55 p.m.
Motion by Vice-Mayor Hanson to approve the
Resolution adopting the Specific Parks & Trails Plan for
the Old River Ranch development.
APPROVED
Bakersfield, California, January 17,2007 - Page 16
15.
REPORTS
ACTION TAKEN
None.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham, in response to a citizen's
suggestion, requested staff add Councilmember e-mail
addresses to the City website (with Councilmember
approval.)
Councilmember Benham requested Police and Graffiti
staff contact a BHS campus supervisor in response to
suggestions made regarding anti-graffiti efforts and
also provide him information regarding the City's
limitations; additionally she referred to the Safe
Neighborhoods Committee to address the suggestions.
Councilmember Couch requested the consultant (when
hired) for the park site at Jewetta and Stockdale is
given a tour of the site.
Councilmember Couch requested staff provide a
briefing to Council regarding the TRIP Program.
Councilmember Carson requested each Councilmember
provide to her names of individuals who might serve in an
advisory capacity to the Safe Neighborhoods Committee.
Councilmember Sullivan thanked the Vice-Mayor for her
committee appointments and affirmed her commitment to
the abatement of graffiti and litter.
Councilmember Scrivner thanked staff for rapid response to
referrals.
Vice-Mayor Hanson requested staff investigate for
possible code violations vending machines located on
City property and in residential areas and report back.
Vice-Mayor Hanson requested information regarding the
possibility of the City utilizing electric vehicles. Public
Works Director Rojas responded.
Bakersfield, California, January 17,2007 - Page 17
18.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Vice-Mayor Hanson congratulated Finance Director on the
Fiscal Year Report.
Mayor Hall made comments regarding Cal State
Bakersfield reaching the fund raising goal necessary to
attain Division I status.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 8:07 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield