HomeMy WebLinkAbout02/28/07_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
FEBRUARY 28, 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 (Regarding Workshop and Closed Session Item(s) only during this portion ofthe
meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9. (Four issues)
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9. (Three cases)
1. Robert Pratt v City, et al
2. Lori Hedberg v City, et al
3. Wanda Grant, et al v City, et al
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Joe Grande, Faith Baptist Church.
7. PLEDGE OF ALLEGIANCE by David Barrett, 1 st Grade Student at Olive Drive School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
(Ward 2)
a. Presentation by Mayor Hall of Proclamation to Barbara Miner, President, Woman's Club of
Bakersfield, proclaiming March, 2007, as Youth Art Month.
b. Presentation by Mayor Hall of Certificate of Appreciation to 1 st Sgt. Robert Breeden, USMC.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. One appointment to the Miscellaneous Civil Service Board, due to the resignation of Sam
Chow, term expiring December 31,2008.
Staff recommends Council determination.
b. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of
Gregory Gordon term expiring November 2008.
Staff recommends Council determination.
CONSENT CALENDAR
12.
Minutes:
a. Approval of minutes of the February 7,2007 Regular City Council Meeting.
12. CONSENT CALENDAR continued
(Ward 1)
(Ward 3)
(Ward 1,3,4,5,6)* e.
(Ward 3)*
(Ward 2)
(Ward 7)
* - upon annexation
Payments:
b. Approval of department payments from January 26, 2007 to February 15, 2007 in the
amount of $19,837,741.37 and self-insurance payments from January 26, 2007 to February
15, 2007 in the amount of $232,254.84.
Ordinances:
First Reading of Ordinance amending Section 17.060.020 (Zone Map No. 124-16) of the
Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited
Multiple Family Dwelling) on 40 acres located on the northwest corner of E. White Lane and
Washington Street. (ZC 06-1043) (Applicant: Hendricks Engineering/Property Owner:
Cottonwood Villas, LLC)
First Reading of Ordinance amending Section 17.060.020 (Zone Map No. 103-13) of the
Municipal Code by changing the zoning from R-2 CH (Limited Multiple Family Dwelling-
Church Overlay) to R-1 (One Family Dwelling) on .66 acre located on the south side of
Paladino Avenue, approximately % mile west of Morning Drive. (ZC 06-1931) (Applicant:
Thomas D. Sholin/Property Owner: Paladino West, LLC)
First Reading of Ordinance amending Municipal Code Sections 1.12.010, 1.12.030,
1.12.040, 1.12.050 and 1.12.060 by adding Annexation No. 481 consisting of 127.39 acres
located south of Panama Lane, east of S. Union Avenue and Annexation No. 524 consisting
of .24 acres located east of Hughes Lane, south of Highway 58 to Ward 1; Annexation No.
541 consisting of 6.67 acres located near entrance to Kern River Golf Course, near Lake
Ming Road and Rudal Street to Ward 3; Annexation No. 498 consisting of 2,203.81 acres
located south of Panama Lane, generally east and west of Buena Vista Road, Annexation
No. 512 consisting of 46.14 acres located north of Snow Road, east of Calloway Drive, west
of the Calloway Canal and Annexation No. 518 consisting of 2081.80 acres located west of
Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County
to Ward 4, Annexation No. 527 consisting of 81.06 acres located west of Gosford Road,
generally north of Taft Highway to Ward 5 and Annexation No. 534 consisting of .72 acres
located north of Belle Terrace, south of Blomquist, east of McDonald Way to Ward 6.
Adoption of Ordinance denying the appeal, 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. (ZC 06-0581)
(Applicant: Marino and Associates/Property Owners: Patricia Crawford, et al) (FR 02/07/07)
Resolutions:
c.
d.
f.
g.
Resolution authorizing the execution of a standard agreement or other documents to secure
a Workforce Housing Reward Grant from the California Department of Housing and
Community Development for the proposed Millcreek Linear Park Project.
h.
Sewer Connection Fee Assessments:
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Jeff F. Ybarra and Mary J. Ybarra, 5109 Centaur Street, to pay sewer
connection fee in installments and notice of special assessment lien.
2
City Council Meeting of 02/28/2007
(Ward 1)
12. CONSENT CALENDAR continued
i.
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). (Public Hearing
opened and closed at 217/07 msetlng.)
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 GPA/ZC 06-2022. If GPA/ZC 06-2022 Is not approved, staff recommends denial of the
proposed general plan amendment and zone change. (Public Hearing opened and closed at
217/07 meeting.)
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. 06-0925; Mcintosh & 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 S. Allen Road. (Public Hearing opened & closed at 217/07meet/ng.)
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.
(Ward 1)
(Ward 5)
. - upon annexation
j.
k.
3
City Council Meeting of 02/28/2007
(Ward 5,6)
12. CONSENT CALENDAR continued
I.
General Plan Amendment/Specific Plan/Zone Change No. 03-1544; Castle & Cooke, CA,
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 Southern Pacific Railroad, Buena
Vista Road and future West Beltway. (Public Hearing opened & closed at 217107meetlng.)
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Specific Plan ApprovallZone 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.
Resolution adding territory, Area 3-61 (Akers, Ironrock SW) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 3-62 (Mountain Vista, Berkshire NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 3-63 (Harris, Old River SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 4-68 (Panorama, Rivani NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
(Ward 7)
(Ward 5)
(Ward 5)
(Ward 3)
m.
n.
o.
p.
4
City Council Meeting of 02/28/2007
(Ward 2)
12. CONSENT CALENDAR continued
q.
Resolution adding territory, Area 4-69 (Union, E California NE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 4-70 (College, Valencia SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 5-31 (Pacheco, Cottonwood NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 5-32 (Hosking, Shannon SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1509 to add territory, Area 3-64 (Panama, Buena Vista SW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1510 to add territory, Area 3-65 (Hughes, McKee SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1511 to add territory, Area 4-71 (Edison, Chase) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1512 to add territory, Area 5-33 (Belle Terrace, Madison SE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Revised job specification and change to salary schedule:
1. Amendment No.4 to Resolution No. 078-06 setting salaries and related benefits for
officers and employees of the General Supervisory, Police Supervisory and
Management Units, and, adopting salary schedule and related benefits for Assistant
Economic Development Director.
2. Revised job specification/title change for Community Development Coordinator to
Assistant Economic Development Director.
(Ward 3)
(Ward 1)
(Ward 7)
(Ward 5)
(Ward 7)
(Ward 3)
(Ward 1)
r.
s.
t.
u.
v.
w.
x.
y.
Agreements:
(Ward 4,5,6,7) z. Final Tract Maps and Improvement Agreements with:
1. San Joaquin Development, LLC for Tract 6152 Phase 3 located between McKee
Road and Taft Hwy. (Hwy 119) west of Wible Road.
2. JP/CP Development, Inc. for Tract 6295 Phase 2 located between Calloway Drive
and Coffee Road south of Brimhall Road.
3. Dunmore Diamond Ridge, LLC for Tract 6332 located between Ashe and Stine
Roads south of McCutchen Road.
4. Canyon Capital, Inc. & M.C. Williams Bros, Inc. for Tract 6353 Phase 1 located at the
southwest intersection of Hosking Avenue and Hwy 99.
5. Lo Land Assets, LP & Lennar Homes of California, Inc. for Tract 6361 Phase 1
located between Wible Road & Hwy 99, south of McKee Road.
6. Moreland Family, LLC & C&O Bakersfield I, LLC for Tract 6362 Phase 1 located
between Wible Road and Hwy 99, south of McKee Road.
5
City Council Meeting of 02/28/2007
(Ward 4,5,6,7) Z.
12. CONSENT CALENDAR continued:
Final Tract Maps and Improvement Agreements (continued):
7. Val Verde, LLC for Tract 6268 located at the southwest intersection of Hosking
Avenue and Shannon Drive.
8. Lennar Homes of California, Inc. for Tract 6453 Unit 1 located at the southwest
intersection of Reina and Allen Roads.
9. Castle & Cooke California, Inc. for Tract 6799 located at the southwest intersection of
Ming Avenue and Gosford Road.
10. Wilson/Brimhall, LLC for Parcel Map 11476 located at the northwest intersection of
Brimhall Road and Calloway Drive. (Improvement Agreements only)
Agreement with Tuscany/Parcel 14, dba Siena Homes for Tract 6347 (estimated
Transportation Impact Fee Credit $278,714) located near the northwest corner of Alfred
Harrell Highway and Paladino Drive.
Agreement with Steven Hendrix for purpose of constructing an aircraft storage hangar for a
monthly lease fee of $40.00.
Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-1529
(Grand Bakersfield, LLC) generally located east of Ashe Road, south of Engle Road, west of
Stine Road and north of Houghton Road.
1. Agreement with Grand Bakersfield, LLC ($254,900) for preparation of EIR and
appropriate $191,183 (developer's contribution) to the Development Services
Operating budget in the General Fund.
2. Agreement with RBF Consulting ($191,183) to prepare EIR.
Agreement with CMX Sports Engineers, LLC ($710,000) for preliminary and schematic
design of the Sports Village located on the north side of Taft Highway between Gosford and
Ashe Roads.
Agreement with CMX Sports Engineers, LLC ($697,000) for architectural and engineering
services for 40 acre baseball park located on the corner of Jewetta Avenue and Stockdale
Highway.
Agreement with Arvin-Edison Water Storage District (License to Encroach on Right of Way)
for Madison Street Bridge.
Amendment NO.1 to Agreement No. CA 06-022 with Bragg & Associates (not to exceed
$80,000) for handling liability claims adjusting and administration services.
Amendment NO.1 to Agreement No. 06-211 with Greenfield Housing, LP for construction of
35 affordable single family rental units of which the City will provide HOME CHDO financial
assistance to five housing units and revise the language dealing with project definitions and
underwriting terms of the CITY loan and remove Trust Deed security (no budgetary action).
Amendment NO.3 to Agreement No. 00-095 with William Avery & Associates, Inc. (not to
exceed $41,200 including expenses) for negotiation and consultant services in employer-
employee relations.
jj. Amendment NO.2 to Agreement No. 05-262 with Jim Alfter Cement Contractor ($1,200,000
revised not to exceed $3,000,000) for concrete construction.
(Ward 3)
(Ward 1)
(Ward 6,7)
(Ward 6)
dd.
(Ward 4)
ee.
(Ward 1)
ff.
gg.
(Ward 1)
hh.
ii.
aa.
bb.
cc.
kk. Amendment NO.1 to Agreement No. 04-310 with Kone, Inc. ($20,000 revised not to exceed
$100,000) for elevator maintenance and repair for various City facilities.
6
City Council Meeting of 02/28/2007
12. CONSENT CALENDAR continued
II. Amendment No.2 to Agreement No. 05-065 with San Joaquin Fence and Supply ($200,000
revised not to exceed $500,000 and extending the term for one year) for fencing.
mm. Amendment No. 1 to Agreement No. 06-371 with bd Systems, Inc. for computerized routing
application.
(Ward 6)
(Ward 3)
(Ward 5,6)
Bids:
nn. Accept bid from Casa Moore Audio and Video ($72,097.74) for a wireless mesh system for
the Police Department.
00.
Accept bid from US Filter ($2,084,114) for four dewatering centrifuges to be used in the
Wastewater Treatment Plant 3 - 2007 Expansion Project.
Accept bid from Better Direct LLC ($77,777.70) for replacement tablet computers.
Accept bid and award contract to D.C. Hubbs Construction ($94,975) to construct guard rail
improvements on Panorama Drive from Haley Street to Mt. Vernon Avenue.
Reconstruction on Gosford Road from Panama Lane to the Union Pacific Railroad tracks and
on Olympia Drive from S. Laurelglen Boulevard to S. Half Moon Drive:
1. Accept bid and award contract to Granite Construction ($1,865,838) for the project.
2. Appropriate $150,000 surplus interest earnings of Vehicle License Fee Receivable
Proceeds to the Public Works Capital Improvement Budget within the Capital Outlay
Fund.
3. Appropriate $1,900,000 of Traffic Congestion Relief (Proposition 42) funds to the
Public Works Capital Improvement Budget within the Gas Tax Fund.
pp.
qq.
rr.
Miscellaneous:
ss. Reclassification of Programmer Analyst (1 position) to Applications Systems Supervisor.
tt. Reclassification of Laborer (2 vacant positions) to Facility Workers (Solid Waste Division).
uu. Revised job specification for Computer Drafting Technician 1/11.
w. Employee recruitment and retention. (Refer to Personnel Committee)
ww. Authorization of a letter from the City to Governor Schwarzenegger requesting his support for
a fair share allocation of Proposition 1 B Air Quality Mitigation funds ($1,000,000,000) to the
San Joaquin Valley.
Staff recommends adoption of Consent Calendar items a through ww.
13. CONSENT CALENDAR HEARINGS
Public Hearing to consider Resolution ordering the vacation of the 20 foot wide alley south of
Bernard Street and west of Inyo Street. (Staff recommends adoption of resolution.)
Public Hearing to consider Resolution to use a portion of City property as a public street right
of way for Burr Street west of Gibson Street. (Staff recommends adoption of resolution.)
c. Public Hearing to consider Resolution making findings and updating the Capital Improvement
Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Staff recommends
adoption of resolution.)
(Ward 2)
a.
(Ward 2)
b.
7
City Council Meeting of 02/28/2007
(Ward 7)
13. CONSENT CALENDAR HEARINGS continued
d.
Public Hearing (TEFRA) to consider Resolution authorizing Levy Affiliated Holdings, LLC, or
a limited liability company or limited partnership to be established by Levy Affiliated Holdings,
LLC, to issue multifamily housing revenue bonds (not to exceed $7,500,000 to be used for
acquisition, rehabilitation and development of an 88 unit multi-family rental housing
development commonly known at Coventry Apartments at 3101 Coventry Place. (Staff
recommends adoption of resolution.)
Public Hearing (TEFRA) to consider Resolution authorizing Catholic Healthcare West to
issue tax exempt revenue bonds (not to exceed $985,000,000) for financing and/or
refinancing the acquisition, construction, improvement and equipping of certain medical
facilities known as Bakersfield Memorial Hospital (420 34th Street), Mercy Hospital (2215
Truxtun Avenue), Mercy Southwest Hospital (400 Old River Road) and other health care
facilities related thereto, owned and operated by Catholic Healthcare West. (Staff
recommends adopt/on of resolution.)
(Ward 2,5)
e.
14. HEARINGS
15. REPORTS
a. Refurbishment of the entry monument signs located on State Route 99.
Staff recommends Council determination.
a. Report on Proposed Financing Plan for the Wastewater Plant Upgrade and Expansion
Project.
Staff recommends acceptance of report.
16. DEFERRED BUSINESS
(Ward 2)
South Mill Creek Plaza Maya Cinema Complex:
1. Amendment NO.2 to Agreement No. 04-002 with D. W. Sivers Company and Maya
Cinemas North America, Inc. to extend the completion date for the construction of the
project to December 31,2008.
2. Amendment No.2 to Agreement No. 04-003 with D. W. Sivers Company and Maya
Cinemas North America, Inc. to extend the joint use parking agreement.
Staff recommends approval of agreement.
a.
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
2/23/07 9:00am
ully submitted,
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8
City Council Meeting of 02/28/2007
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AGENDA HIGHLIGHTS
FEBRUARY 28,2007 COUNCIL MEETING
REGULAR MEETING - 5:15 Dim.
CLOSED SESSION
There will be a conference with counsel regarding three cases of potential initiation of litigation and three cases
of existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
APPOINTMENTS
There will be one appointment each to the Miscellaneous Civil Service Board and the Keep Bakersfield
Beautiful Committee.
CONSENT CALENDAR
Ordinances
Item 12c. First Readino of an Ordinance Amendino the Municloal Code bv Chanoino the Zonino from R-1 to
R-2 on 40 Acres Located on the Northwest Corner of East White Lane and Washinoton St. Hendricks
Engineering, representing Cottonwood Villas LLC, proposes a small lot, single-family residential development.
On December 7, 2006, the Planning Commission recommended Council adoption. No one spoke In opposition
to the' project.
Item 12d. First Readino of an Ordinance Amendino the Municioal Code bv Chanoino the Zonino from R-2 CH
(Limited Multiole Familv Dwellina - Church Overlav) to R-1 on 0.66 Acre Located on the South Side of
Paladino Avenue, aooroximatelv ~ Mile West of Mornino Drive. Thomas D. Sholin, representing Paladino
West, LLC, proposes a single-family residential development. This zone change will bring the zoning Into
conformance with the LR (Low Density Residential) General Plan Land Use designation.
The zone change pertains to Revised Vesting Tentative Tract 6202 on approximately 78.75 acres. The area of
the proposed zone change covers a 30-foot-wide strip approximately 834 feet long within RVTM 6202. A
condition of approval for RVTM 6202 required the applicant obtain a zone change to R-1 for this portion of the
site in order to bring the site's zoning into consistency with the R-1 zoning.
Pursuant to the California Environmental Quality Act (CEQA), an Initial study was prepared for related
RVTM 6202 for the subject property, and a negative declaration was adopted on August 3, 2006. On January
18,2007, the Planning Commission recommended adoption by the City Council. No one spoke in opposition
to the project.
Resolutions
Item 12g. Resolution Authorizina the Execution of an Aoreement to Secure a Workforce Housino Reward
Grant from the California Deoartment of Housino and Community Develooment for the Prooosed Mill Creek
Linear Park Proiect - Phase 1. The California Department of Housing and Community Development (HCD)
requires a resolution in order to apply for grant funds available through the Workforce Housing Reward Grant
(WFH) Program. The WFH Program does not use a competitive process to award funds; all cities who meet
eligibility requirements will be funded. The number of applicants and qualified affordable units will determine
the final amount of funds available. Staff anticipates receiving approximately $20,000 In grant funds, with
Agenda Highlights
February 28, 2007 \
Page 2
those funds designated to assist in the development of the proposed Mill Creek Linear Park Project - Phase I.
This resolution authorizes staff to execute the necessary agreements to receive grant funds.
Items 12/. and 12}. General Plan Amendments and Zone Chances on Aooroximatelv 40 Acres Located at the
Southwest Corner of E. Planz Road and VYashincton Street (future), and on Aooroximatelv 40 Acres Located
at the Southeast Corner of Cottonwood Road and E. Berkshire Road (future), . The Public Hearings on these
items were opened and closed at the Council meeting of February 7, 2007. This item was continued in order
to enable staff to address Sierra Club comments associated with the property at the southeast corner of
Cottonwood Road and E. Berkshire Road; potential health effects to future inhabitants if wastewater spreading
has occurred on the property and mitigation for the loss of agricultural land. .
During the hearing, Public Works Director Raul Rojas stated that this property has not been used for
wastewater spreading. Subsequent to the hearing, Wastewater Division staff confirmed this fact and added
that this property has its own dedicated fresh water irrigation well for agricultural use. Furthermore, no
evidence of potential wastewater spreading was identified in the Phase I Site Assessment prepared for this
property by WZI Inc. (October 2006). Additionally, the proposal would convert 40 acres of land at the
southwest corner of E. Planz Road and Washington Street from its current industrial land use designation and
zoning to farmable land. The City, as the future owner of this property, plans to lease this property for
agricultural use. Because the proposal would not result in a net loss of agricultural land, mitigation for the loss
of agricultural land would not be necessary.
Item 12j. 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 12i. is the zoning request for the
Cottonwood/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 12i. Is not approved, the trade is not complete and Mr. Heinemann
wishes to appeal the negative staff recommendation on the original parcel (Item 12j.).
Item 12k. General Plan Amendment and Zone Chance on 60 Acres Located at the Northeast Corner of
Panama Lane and South Allen Road. The Public Hearing on this item was opened and closed at the Council
meeting of February 7, 2007. The item was continued to give staff time to address Sierra Club concerns
voiced at that meeting.
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 Frazler
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. 8 is 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.
.1
Agenda Highlights
February 28, 2007
Page 3
Item 121. Final EIR Certification. General Plan Amendment. Scecific Plan/Zone Chance. and Develocment
Acreement forthe West Minc Proiect on 2.184 Acres Generallv Located between Minc Avenue lextendecH and
the Southern Pacific Railroad. Buena Vista Road and Future West Beltwav. The Public Hearing on this item
was opened and closed at the February 7, 2007 Council meeting. The Council continued this item to allow
time for the applicant and staff to respond to a lengthy letter received on February 7, 2007 from the City of
Shafter expressing concerns regarding the adequacy of the EIR. The responses are currently being prepared
and will be provided to the City Council under separate cover. The documents and conditions of approval have
been updated to include all the minor changes to conditions provided at the February 7, 2007 hearing. The
Draft Development Agreement attached to the ordinance will be updated with the minor changes as described
in the February 7,2007 memo from the Deputy City Attorney upon the Council's approval.
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.
Staff also recommends approval.
Aareements
Item 12cc. Acreements related to an Environmentallmcact Recort lEIRl for a General Plan Amendment/Zone
Chance on Accroximatelv 481 Acres Generallv Located East of Ashe Road. South of Encle Road. West of
Stine Road and North of Houchton Road. Grand Bakersfield, LLC is proposing the development of
commercial, and low- and high-density residential uses. The total cost of the EIR is $254,900, which consists
of $191,183 for the consulting services and $63,717 to reimburse the City for its costs and staff time in
managing the project. The first agreement is with Grand Bakersfield, LLC, who will payfor all costs associated
with the preparation of the EIR. The second agreement, with RBF Consulting, sets forth the scope of
services for the preparation of the Report.
Items 12dd. and ee. Acreements with CMX Scorts Encineers. L.L.C. The first agreement is in the amount of
$710,000 for Preliminary and Schematic Design of the Sports Village located on the north side of Taft Highway
between Gosford Road and Ashe Road. The facility will consist of 16 soccer fields, 12 baseball fields, 6
football fields and a community center. Surrounding areas will feature a park with a lake for family outings and
two commercial areas.
The second agreement is in the amount of $697,000 for Architectural and Engineering Services for the 40-Acre
Baseball Park located on the corner of Jewetta Avenue and Stockdale Highway. The facility will contain a
minimum of 8 baseball fields, lighting for 3 baseball fields, security lighting, spectator stand, a concession
stand, restroom, an equestrian staging area and a parking lot. On November 29, 2006, the City entered into
an agreement with Bakersfield Southwest Baseball, INC. (BSWB) for construction of the baseball fields. Per
this agreement, the City is responsible for providing construction plans for the entire facility and to construct an
entry road, all necessary utilities into the park, landscaping along Jewetta Avenue, the restroom, equestrian
staging area, trash bin and parking lot. .
The City received Statements of Qualifications from 15 firms. Interviews were conducted with 5 of them. Staff
recommends award to CMX Sports for both projects based on their combination of qualifications and fee
proposal being the most favorable to the City.
Item 12JJ. Amendment No. 2 to Acreement No. 05-262 with Jim Alfter Cement Contractor for the Annual
Contract for Concrete Construction in the amount of $1.2 million for a revised not to exceed amount of $3
million. This amendment adds $1.2 million to accommodate the increased levels of work for projects such as
curb and gutter installation for Fire Station No.5, parking lot reconstruction for Fire Station No. 10 and
Calloway Drive median island installation.
Agenda Highlights
February 28. 2007 ,
Page 4
Bids
Item 1200. Award Contract to US Filter for Four Dewaterina Centrifuaes to be used in the Wastewater
Treatment Plant 3 - 2007 Exoansion Proiect in the amount of $2.084.114. As part of the Wastewater Plant 3 _
2007 expansion project, a significant effort has been made to make. the expanded/upgraded Plant odor free.
As a result, the existing outdoor sludge solar drying beds will be replaced by an indoor mechanical dewatering
process which will utilize centrifuges. Because of the critical nature of the centrifuges, it was important to
choose a centrifuge that had good referenees for reliability, support, and efficiency, had low chemical
requirements, and was able to remove as much water as possible from the sludge to decrease transportation
costs.
Bids were received from four different centrifuge manufacturers, two of which were deemed acceptable
following an evaluation that included initial capital cost, projected annual operating costs (electricity,
maintenance, and chemical) for the centrifuges, and references. Staff recommends award to US Filter.
Item 12rr. Award Contract to Granite Construction for Reconstruction of Gosford Road from Panama Lane to
the Union Pacific Railroad Tracks and on Olvmoia Drive from South Laurel Glen Boulevard to South Half Moon
Drive in the amount of $1.865.838. The project is funded predominantly with Proposition 42 Funds. This
action also appropriates $150,000 of surplus interest earnings of Vehicle License Fee Receivable Proceeds
which must be used for a road resurfacing project. Five acceptable bids were received. Staff recommends
award to Granite Construction.
Miscellaneous
Item 12vv. Emolovee Recn~itment and Retention. At the Department Head retreat in late 2006, the issue of
recruiting and retaining quality employees was discussed. The CitY has experienced increasing difficulty in
recruiting and retaining good employees, as well as succession planning for key positions which become
vacant due to retirements. This situation is occurring at various levels of the organization and the inability to
attract and retain qualified employees can directly impact service levels to the community and delay completion
of projects. The action plan that is attached to the administrative report includes various incentives to
enhance the ability to attract qualified employees. This information has been discussed with affected
employee union representatives and Shop stewards. Staff recommends referral of this issue to the Personnel
Committee.
Item 12ww. Authorization of a Letter to G~vel11or SchwarzeneQaer Reauestina his Suooort for a Fair Share
Allocation of Prooositlon 1 B Air Quality Mltiqation FlJnds ($1 Billion) to the San Joaauin Vallev. For years
residents have suffered extraordinarily high rates of asthma, acute bronchitis, and similar respiratory illnesses
as a result of the poor air quality in the San Joaquin Valley. . This letter requests Governor Schwarzenegger's
support for an appropriate allocation of air quality mitigation funds for the Valley in the spending plan for
Proposition 1 B. These funds would go to accelerate replacement of the goods movement truck fleet in the
Valley. It also requests the Governor to give early funding priority to the $1 Billion for air quality mitigation in
the overall spending plan for Proposition 1 B.
CONSENT CALENDAR HEARINGS
Item 13a. Public Hearlna to Consider a Resolution Orderina the Vacation of the 20-Foot Wide Allev in Block 7
of Alta Vista Tract South of Bernarc;t Str~et and West of Invo Street. The City wants to sell three surplus
properties located on the 300 block of Bernard Street, and vacating the alley would increase the chance of
selling these properties. No objections have been received. The proposed vacation was found to be
consistent with the Metropolitan Bakersfield General Plan.
California Water Service Company has an 8-inch water main, Pacific Gas and Electric Company has a gas line
and an electrical power line, and the City has a 6" sewer line in the alley. A 20-foot wide easement over the
vacated area is being reserved for public utilities.
.)
I
Agenda Highlights
February 28, 2007
Page 5
Item 13b. Public Hearina to Consider a Resolution to Use a Portion of City Prooerty as a Public Street Riaht-
of-Way for Burr Street West of Gibson Street. The City received a request from Bakersfield River Run RV Park
to dedicate additional right-of-way for a cul-de-sac at the easterly terminus of Burr Street. The cul-de-sac is
required to improve Burr Street for access to the Park. The City-owned property has an existing water tank
and booster pump station. The new cul-de-sac required the fence, commercial drive approach and V-gutter to
be rebuilt at the developers cost. The Water Department reviewed the street plans for this project and after
minor changes agreed to all of the changes.
Item 13c. Public Hearina to Consider Adootion of a Resolution Makina Findinas and Uodatina the Caoital
Imorovement Plan for the Metrooolitan Bakersfield Habitat Conservation Plan. This item constitutes review of
the funding mechanism for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Developers pay
a $2,145 per acre fee at grading plan approval stage to compensate for direct and indirect impacts on
endangered species habitat from urban development. The fee covers land acquisitiofl costs, program
administration, endowments for fencing and maintenance that are tied to the automatic raises by the State.
The program is self-supporting and requires no support funds from the City or County. The funds are used to
purchase and manage habitat consistent with the City's implementing agreement with the U.S. Fish and
Wildlife Service and California Department of Fish and Game.
The MBHCP document and Implementation/Management Agreement describe a Capital Improvement Plan
(CIP) for utilization of the accompanying mitigation fee. The CIP involves the use of mitigation fees to offset
the loss of endangered species habitat in the Metropolitan Bakersfield area through the acquisition and
maintenance of non-urban habitat land. This Plan must be updated annually by the City and County; however,
no change is recommended at this time. This report provides the basis for the annual update.
So far over 14,700 acres of endangered species habitat land have been credited to implementation of the
Habitat Conservation Plan. This places the City ahead of the "take" as required by Federal and State law and
our agreement.
The Kern County Board of Supervisors took action to adopt a resolution confirming the current Capital
Improvement Plan on January 9, 2007.
Item 13d. Public Hearina to Consiger a Resolution Authorizina LeVY Affiliated Holdinas LLC. or a Limited
Liability Comoany or Limited Partnershio to be Established by LeVY Affiliated Holdinas LLC. to Issue Multl-
Familv Housina Revenue Bonds in an amount not to exceed $7.5 million to be used for Acauisition.
'Rehabilitation and Develooment of an 88-Unit Multi-Familv Rental Houslna Develooment CommonlY Known as
Coventry Aoartments located at 3101 Coventry Place. The adoption of this resolution is the first step in the
process of financing the proposed Project. If this Resolution is adopted, the California Statewide Communities
Development Authority (CSCDA) will proceed with the submission to the California Debt Limit Allocation
Committee (CDLAC) of an application for "private activity bond" allocation for the purpose of financing the
acquisition and rehabilitation of the Project. These steps are required prior to the issuance of the Bonds.
Pursuant to the requirements of the Tax Equity. Fiscal Responsibility Act (TEFRA) of 1989, the City must
conduct a hearing to receive input from the public. The City will not be a party to the financing documents.
None of the City's funds will be pledged for the repayment of these bonds. Neither would the debt represent
or constitute a general obligation of either the City or CSCDA. The debt would be payable solely from amounts
received pursuant to the terms and provisions of financing agreements to be executed by the Developer of the
proposed facility. In the financing documents, the Developer will also provide comprehensive indemnification
to CSCDA and its members, including the City.
Agenda Highlights
February 28, 2007 '\
Page 6
Item 13e. Public Hearina to Consider a Resolution Authorizina Catholic Healthcare West to Issue Tax-
Exemot Revenue Bonds in an amount not to exceed $985 million for Financina and/or Refinancina the
Acauisition. Construction. .Imorovement and Eauiooina of Certain Health Care Facilities Owned and Ooerated
bv Catholic Healthcare West. A portion of the net. proceeds of the Bonds will . be used for the purpose of
financing and/or refinancing a list of projects as noted on the adminIstrative report. Catholic Healthcare West
will be responsible for the repayment of the Bonds. None of the City's funds will be pledged for the repayment
of these bonds. Pursuant to the requirements of the Tax EquIty Fiscal Responsibility Act (TEFRA) of 1989, the
City must conduct a hearing to receive input from the public on the proposed issuance of these bonds.
REPORTS
Item 15.. Refurbishment of the Entry Monument Sians Located on State Route 99. The Community Services
Committee voted to send this matter to the full City Council for consideration. There are two alternate sign
designs to choose from; one that is forwarded by Councilmember Sullivan and one forwarded by
Councilmember Benham. An attachment to the administrative report shows graphics, and compares costs
and methods of funding. City staff prefers not to make a recommendation between the sign choices.
There are also related but separate decisions to be made on how much to invest in landscaping improvements
around the signs. Details are in the admInistrative report.
Item 15b. Reoort on Prooosina Flnancina Plan for the Wastewater Plant Uoarade and Exoansion Proiect.
This Report will Include an updated rate survey along with a more detailed plan regarding the size and
structure of the impending Bond financing. Both staff and the bond consultant will provide a presentation.
DEFERRED BUSI~ESS
Item 16.. Amendments to Aareements with D.W. Sivers Comoanv and Mava Cinemas North America. Inc. to
Extend the Comoletion Date for the Construction of the Proiect and Extend the Joint Use Parkina Aareement.
The proposed project has been in the pre-development stage for five years. The project scope has changed
multiple times over that time period. Currently, the proposed project will be a 61,000 square foot state of the
art 16 screen multiplex cinema featuring 23,000 square feet of entertainment related retail and restaurant
space. The project will be located on the north side of California Avenue between "N" Street and "p"rQ"
Street just south of the Rabobank Arena Theater and Convention Center in the southeast Redevelopment
Project Area. The new development will cost approximately $32 million and will take 24 months to construct
and stabilize. This amendment is to request City Council approval to extend the completion date for the
construction of the project subject to developer performance.
This development has been long delayed and a level of pessimism has developed over time about the
potential for it to happen. It appears, however, that this developer has their financing in place and seems
ready to perform. On that basis, staff is recommending approval.
Approved: .A. -r/ 11 #
Alan Tandy, City Manager ~
00: Department Heads
Rhonda Smiley, Public Information Officer
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2006
AGENDA SECTION: Closed Session
ITEM: Ii .0.- b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
February 21, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: 1.
Conference with Legal Counsel - Potential Initiation of Litigation
Closed session pursuant to subdivision (c) of Government Code section 54956.9.
(Four matters).
2 Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Three cases).
· Robert Pratt v. City of Bakersfield, et al.
Kern County Superior Court Case No S-1500-CV-253264-RJA
· Lori Hedberg v. City of Bakersfield, et al
Kern County Superior Court, Case No. S-1500-CV-257870
· Wanda Grant, et al v. City of Bakersfield, et al.
Kern County Superior Court Case No. S-1500-CV-257611-SPC
VG:dll
S:ICQUNCIL lei SesslAdminsI06-07\02-2S-Q7PotLitExisUitPotlni .doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Presentations
ITEM: q .li.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
February 7, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
OVED
SUBJECT: Presentation by Mayor Hall of Proclamation to Barbara Miner, President of
Bakersfield, proclaiming March, 2007, as "Youth Art Month".
RECOMMENDATION:
BACKGROUND:
ndw
February 7,2007, 3:13PM
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ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Presentations
ITEM: . .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
February 7, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Certificate of Appreciation to 1 st Sgt. Robe
ROVED
RECOMMENDATION:
BACKGROUND:
ndw
February 7, 2007, 3:16PM
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ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Appointments
ITEM: Il.ll.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cle~
February 14, 2007
APPROVED
DEPARTMENT HEA___ ~ JtI:.
CITY ATTORNEY
CITY MANAGER
SUBJECT: One appointment to the Miscellaneous Civil Service Board, due to the resi
Sam Chow, term expiring December 31,2008.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Miscellaneous Civil Service Board due to the resignation of Sam
Chow, whose term expires December 31, 2008. The news release for this recruitment was posted
on December 8,2006 and January 19,2007.
Applications have been received from the following:
. Betsy Gosling
. Ross Johnsen
. Greg Klimko
. Virginia McClellan
. Ronald Wolfe
. Cynthia Zimmer
The Miscellaneous Civil Service Board is an advisory body to the City Council. It is composed of
five (5) members, appointed by the full Council. Members must be residents of the City throughout
their term of office and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
employees affected by Civil Service. All applicants have been encouraged to contact each
Councilmember regarding their interest and qualifications. Meetings are held the third Tuesday of
each month at 3:00 p.m., in the Human Resources Testing Room, City Hall, 1501 Truxtun Avenue,
Bakersfield.
S:\Bds&Comm\MISCCS\admin feb 2007.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Appointments
ITEM: \ \ . () .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Cler~
February 14, 2007
APPROVED
DEPARTMENT HEA~ '- If\
CITY ATTORNEY
CITY MANAGER
SUBJECT: One appointment to the Keep Bakersfield Beautiful Committee due to!. e r signation of
Gregory Gordon (Ward 2), term expiring November 2008.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there is one vacancy on the Keep Bakersfield Beautiful Committee due to the resignation of
Gregory Gordon (Ward 2), whose term expires November 2008. The news release for this recruitment
was posted on January 19, 2007.
Applications for appointment have been received from the following:
. Betsy Gosling
. Norma Jackson
. Stephen Montgomery
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
eight Mayor/Council-appointed members who will take on the responsibility of decision making for the
beautification program. Terms of office run concurrent with the term of his or the nominating
Councilmember or Mayor, however it is not necessary for a Councilmember to nominate a resident from
his or her ward.
The duties of the KBBC are to recommend policies and specific programs to the City Council which
promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In
addition, the KBBC shall actively participate in the implementation of various programs and projects to
achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison
between KBBC and the City Council and shall provide the Council, upon request, written reports on the
activities of the KBBC.
February 15, 2007, 4:44PM
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rg
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
February 15, 2007
AGENDA SECTION: Consent Calendar
ITEM: \.;). a. .
APPROVED
DEPARTMENTHEA~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Approval of minutes of the February 7,2007 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 15, 2007
CITY MANAGER
SUBJECT: Approval of department payments from January 26, 2007 to February 1 , 2007 in the
amount of $19,837,741.37 and self insurance payments from January 26,20, 7 to February
15, 2007 in the amount of $232,254.84.
RECOMMENDATION:
Staff recommends approval of payments totaling $20,069,996.21.
BACKGROUND:
RAR
February 16, 2007, 9:55AM
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ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: I~.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
February 1, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Ma .1 16) of
Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-1
(One Family Dwelling) zone to an R-2 (Limited Multiple Family Dwelling) zone on 40
acres located on the northwest comer of East White Lane and Washington St. (ZC #06-
1043 - Hendricks Engineering, representing Cottonwood Villas LLC) (Ward 1)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On December 7, 2006, the Planning Commission held an advertised public hearing on this zone
change request, and recommend adoption by the City Council. The zone change request consists of
changing the zoning from an R-1 (One Family Dwelling) zone to an R-2 (Limited Multiple Family
Dwelling) zone on 40.6 acres. The reason for the request is to allow small lot single family residential
development in an R-2 zoned in accordance with the Subdivision Ordinance. The General Plan Land
Use designation on the subject property is low density residential. The site is currently undeveloped.
Related Vesting Tentative Tract 6781 was approved by the Planning Commission on December 7,
2006 to allow the proposed development of single family residential uses.
No one spoke in opposition to the project at the Planning Commission hearing.
An initial study was conducted and it was determined that the proposed project would not have a
significant effect on the environment and a Negative Declaration was prepared and approved by City
Council on November 9,2005 in conjunction with GPA/ZC 05-0417 in accordance with CEQA.
Staff recommends approval of the zone change.
February 1, 2007, 11:00AM
jeng / S:\Danaladmin\2007\Feb\2-28-1043.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: I.l. rt
. .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
January 26, 2007
CITY A TIORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map
Title Seventeen of the Bakersfield Municipal Code by changing the zonin from -2 CH
(Limited Multiple Family Dwelling - Church Overlay) to R-1 ",One Family Dwelling) on
0.66 acre located on the south side of Paladino Avenue, approximately 1/2 mile west of
Morning Drive (ZC # 06-1931 - Thomas D. Sholin representing Paladino West, LLC)
(Ward 3)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On January 18, 2007, 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-2 CH (Limited Multiple Family Dwelling - Church Overlay) zone to an
R-1 (One Family Dwelling) zone on 0.66 acre on the south side of Paladino Avenue, west of Morning
Drive. This zone change request will bring the zoning into conformance with the LR (Low Density
Residential) General Plan Land Use designation on the subject property. The site is currently
undeveloped and is proposed for development of single family residential uses.
The zone change pertains to Revised Vesting Tentative Tract 6202 containing 311 lots for single family
development on approximately 78.75 acres. The area of the proposed zone change covers a 30-foot-
wide strip approximately 834 feet long within RVTM 6202. Several lots along the eastern boundary of
RVTM 6202 contained R-2-CH zoning. A condition of approval for RVTM 6202 required the applicant
obtain a zone change to R-1 for this portion of the site in order to bring the site's zoning into
consistency with the R-1 zoning in related RVTM 6202.
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. Pursuant
to the California Environmental Quality Act (CEQA), an initial study was prepared for related
RVTM 6202 for the subject property, and a negative declaration was adopted on August 3, 2006. In
Prepared by m.adams \ January 26,2007 \ S:\Dana\Adniin\2007\Feb\2-28-1931.Doc
ADMINISTRATIVE REPORT
accordance with CEQA Section 15162, no further environmental documentation is necessary because
no substantial changes to the original project are proposed, there are no substantial changes in
circumstances under which the project will be undertaken, and no new environmental impacts have
been identified.
Staff recommends approval of the zone change.
Prepared by m.adams \ January 26, 2007 \ S:\Dana\Admin\2007\Feb\2-28-1931.Doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: I~. e.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
January 29, 2007
CITY ATTORNEY
CITY MANAGER
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sed ns 1.12.010,
~ 1.12.030, ~ 1.12.040, ~1.12.050 and ~ 1.12.060 by adding Annexation Nos. 481
consisting of 127.39 acres, located south of Panama Lane, east of South Union Avenue
and Annexation 524 consisting of 0.24 acres located east of Hughes Lane, south of
Highway 58 to Ward 1, Annexation No. 541 consisting of 6.67 acres, located near entrance
to Kern River Golf Course, near Lake Ming Road and Rudal Street to Ward 3, Annexation
Nos. 498 consisting of 2,203.81 acres, located south of Panama Lane, generally east and
west of Buena Vista Road, Annexation 512 consisting of 46.14 acres, located north of
Snow Road, east of Calloway Drive, west of the Calloway Canal and Annexation 518
consisting of 2,081.80 acres, located west of Allen Road, north of Panama Lane, McAllister
Ranch Specific Plan adopted by Kern County to Ward 4, Annexation 527 consisting of
81.06 acres, located west of Gosford Road, generally north of Taft Highway to Ward 5 and
Annexation 534 consisting of 0.72 acres, located north of Belle Terrace, south of Blomquist
east of McDonald Way to Ward 6. (Wards 1, 3, 4, 5 & 6)
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 481,524,541,498,512,518,527
and 534 corresponding Council wards. These annexations were approved by LAFCO recently.
Annexation No. 481 is located south of Panama Lane, east of South Union Avenue. The 127.39 acre
site is undeveloped. The site is designated for residential development. The property owner requested
annexation for development purposes and to receive city services.
Annexation No. 524 is located east of Hughes Lane, south of Highway 58. The property consists of a
single family home on 0.24 acres. The property owner requested annexation to receive city services.
Annexation No. 541 is located near entrance to Kern River Golf Course, near Lake Ming Road and Rudal
Street. The 6.67 acre site is undeveloped. The property owner requested annexation for roadway access.
ADMINISTRATIVE REPORT
Page 2
Annexation No. 498 is located south of Panama Lane, generally east and west of Buena Vista Road,
known as the Old River Ranch project. The 2,203.81 acre site is undeveloped. The property owners
requested annexation for development purposes and to receive city services.
Annexation No. 512 is located north of Snow Road, east of Calloway Drive, west of the Calloway Canal.
The 46.14 acre site is undeveloped. The site is designated for residential development. The property
owner requested annexation for development purposes and to receive city services.
Annexation No. 518 is located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan
adopted by Kern County. The 2,081.80 acre site is undeveloped. The property owners requested
annexation for development purposes and to receive city services.
Annexation No. 527 is located west of Gosford Road, generally north of Taft Highway. The 81.06 site is
undeveloped. The property owners requested annexation for development purposes and to receive city
services.
Annexation No. 534 is located north of Belle Terrace, south of Blomquist east of McDonald Way. The site
consists of a single family home on 0.72 acres. The property owner requested annexation to receive city
services.
S:\Annexation\Ordinances\Admin Draft 2-28-07 481,498.512,518,524,527,537 & 541 WARD.DOC
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: '~..f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
February 2, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance denying the appeal and adopting a negative de arati nand
amending Title 17 of the Municipal Code and Zone Map No. 104-32 by chang' g the
zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally I cated
on the south side of Pioneer Drive (extended), approximately 660 feet east of Vineland
Drive. (ZC # 06-0581 - Marino and Associates representing Patricia Crawford et. al.
(Ward 3, upon annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 7, 2007.
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 with these 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, eKSel3t
'Nhcm a r:eofj separates tho lets fr-am the .A. (/\gFisbllbne ).
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.
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.
February 2,2007, 3:10PM
Planner jeng / S:\Danaladmin\2007\Feb\2-28-0581.doc
ADMINISTRATIVE REPORT
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. 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. Over the course of the last several months, the appellant and the
applicant have come to an agreement on conditions of approval that result in the appellant not
opposing the zone change request.
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 added 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.
February 2, 2007, 3:10PM
Planner jeng / S:\Danaladmin\2007\Feb\2-28-0581. doc
t ~ ~ ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
Consent Calendar
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
APPROVED
February 14, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the ex&! tion of a
standard agreement or other documents to secure a Workforce Housing Reward Grant
from the California Department of Housing and Community Development for the proposed
Millcreek Linear Park Project - Phase 1. (WARD 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The California Department of Housing and Community Development (HCD) requires the attached
resolution to be executed by the City in order to apply for grant funds available through the Workforce
Housing Reward Grant Program.
The Workforce Housing Reward Grant Program (WFH) rewards cities and counties that approve
affordable housing. The program was established in 2002 and funded through Proposition 46, the
Emergency Shelter Trust Fund Act. The WFH Program does not use a competitive process to award
funds; all cities who meet eligibility requirements will be funded. The number of applicants and qualified
affordable units will determine the final amount of funds available to cities/counties through the program.
The WFH program grant funds are restricted for use to only capital asset projects that benefit the
community and add to the community's quality of life. The City received grant funds via this program in
2003 for $314,822 (used for The Park at Riverwalk children's playground); in 2004 for $148,458 (used for
Chester Avenue Streetscape Phase II), and in 2005 for $598,126 to be used for proposed regional sports
park located along Taft Highway.
The amount of funds the City could receive will depend on the number of qualified affordable units that the
City can document were permitted during 2006, and how many other cities apply statewide. Based on this
criteria, staff anticipates receiving approximately $20,000 in grant funds, with those funds designated to
assist in the development of the City's proposed Millcreek Linear Park Project - Phase I.
This resolution authorizes city staff to execute the necessary agreements to receive grant funds after the
State determines the amount of the grant funds allocated to the City.
S:\Admins\City Council\City Council Admins 2007\Workforce Housing grant 2007 admin.doc
2/14/200710:01 AM
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: \~. h .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
February 1, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Sewer Connection Fee Assessments (Ward 7):
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Jeff F Ybarra and Mary J Ybarra, 5109 Centaur Street, to pay sewer
connection fee in installments and notice of special assessment lien.
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of the property at 5109 Centaur Street desire to connect their property
to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment
would produce an economic hardship. To assist in paying the connection fee the City has contracted with
the property owners to spread the connection fee over a three (3) year period to be collected with their
property taxes in accordance with Municipal Code Section 14.12.390.B. This resolution authorizes the
Kern County Tax Collector to collect the connection fee in three equal payments over the next three years.
de
S:\PROJ ECTS\SewerConFee\Admin\51 09_ Centaur.doc
February 1, 2007, 11: 12AM
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA S~CTION: Con~eYlf Co..lendar
ITEM: ':.l. i .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
February 13, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan AmendmentlZone 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 February 7, 2007, a public hearing on this item was held by the City Council. Gordon Nipp,
representing the Sierra Club, spoke in opposition to staff's recommendation. The Council continued
this item in order to enable staff to address Mr. Nipp's comments. Mr. Nipp raised two issues
associated with the 40-acre property at the southeast comer of Cottonwood Road and E. Berkshire
Road; potential health effects to Mure inhabitants if wastewater spreading has occurred on the
property and mitigation for the loss of agricultural land. During the hearing, Public Works Director Raul
Rojas stated that this property has not been used for wastewater spreading. Subsequent to the
hearing, Wastewater Division staff confirmed this fad and added that this property has its own
dedicated fresh water irrigation well for agricultural use. Furthermore, no evidence of potential
wastewater spreading was identified in the Phase I Site Assessment prepared for this property by WZI
Inc. (October 2006). Although this property is proposed to be converted from cultivated agricultural
land to housing, the proposal would in turn convert 40 acres of land at the southwest comer of E. Planz
ADMINISTRATIVE REPORT
Page 2
Road and Washington Street from its current industrial land use designation and zoning to fannable
land designated P (Public Facilities) and zoned OS (Open Space). The City, as the future owner of this
property, plans to lease this property for agricultural use. Because the proposal would not result in a
net loss of agricultural land, mitigation for the loss of agricultural land would not be necessary.
On June 15, 2006, the Planning Commission recommended denial of GPAlZC 05-1887, a request by
the applicant for this GPAlZC request, Mel Heinemann, to allow for the development of a 4O-acre
single-family planned unit development at the southwest comer of E. Planz Road and Washington
Street ("Planz Site"). The primary issue associated with GPAlZC 05-1887 was the proposal to develop
residential uses within the %-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. GPAlZC 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
GPAlZC 05-1887 without discussion at the request of Mr. Heinemann. On January 17, 2007, the
Council approved a land trade agreement with Mr. Heinemann for the two 4Q-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 unifonn, long-tenn 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 plantean be equated to
safeguarding the health, safety and welfare of the public from a .special circumstance." Pennitted 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 detennined 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 CECA.
PH - S:\GPA 4th 2006\06-2022\Staff Reports\Admln Report2.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SE~TION: &nsw CoJendaY
ITEM: I~. \ .
U
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
February 14, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan AmendmenVZone Change 05-1887 (Ward 1)
Marino/Associates, representing Mel Heinemann and Jack & Nuha Hadd d, t e property
owners, has applied for a general plan amendment and zone change on 9.29 acres
located at the southwest comer of East Planz Road and Washington Street (Mure).
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 %-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. On
February 7,2007, the Council continued this case without discussion due to the continuance 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 CEOA.
PH - S:\GPA 2nd 2006\05-1887\Staff Reports\Admln Report4.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: I Con5Ott CtU e.nchY
ITEM: la .IL.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
February 20, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan AmendmenVZone Change 06-0925 (Ward 5).
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 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, 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.
On February 7, 2007, a public hearing on this item was held by the City Council. Gordon Nipp,
representing the Sierra Club, spoke in opposition to staff's recommendation. The Council continued
this item in order to enable staff to have the applicant provide a written response to address Mr. Nipp's
comments. 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
ADMINISTRATIVE REPORT
Page 2
this would require full improvements for the north side of Panama Lane along the front of the 40-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
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 CECA.
S:\GPA 4th 2006\06-0925\Staff Reports\Admin Report 02-28-07.doc
ADMINISlRA liVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Con~e(l,+ (cd endctr
ITEM: Il. l.
February 16, 2007
CITY ATTORNEY
CITY MANAGER
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: General Plan Amendment/Specific Plan/Zone Change 03-1544
Agreement (Ward 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 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 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 (West Ming - Low Density Residential) on 448 acres; to WM-LMR (West 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 (West Ming - General Commercial) on 41 acres, to WM-OC
(West Ming - Office Commercial) on 9 acres, to 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 Zone) on 448 acres, to WM-R2 (West Ming Limited
Multiple Family Dwelling Zone) on 1,358 acres, to WM-R3 (West Ming Limited Multi-
Family Dwelling Zone) on 43 acres, to WM-CO (West Ming 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.
ADMINISTRATIVE REPORT
Page 2
5. First reading of ordinance 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
first reading of ordinance approving the development agreement.
BACKGROUND:
This City Council opened the public hearing, received testimony from the public, and closed the public
hearing on the West Ming project on February 7, 2007. The Council continued this item to the February
28, 2007 meeting. The continuance was to allow time for the applicant and staff to respond to a lengthy
letter received on February 7, 2007 from the City of Shatter expressing concerns regarding the adequacy
of the EIA. The responses are currently being prepared and will be provided to the City Council under
separate cover. The attached documents and conditions of approval have been updated to include all the
minor changes to conditions provided at the February 7,2007 hearing. The Draft Development Agreement
attached to the ordinance will be updated with the minor changes as described in the February 7, 2007
memo from the Deputy City Attorney's upon the Council's approval.
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 (CECA) 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 CECA, 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
ADMINISTRATIVE REPORT
Page 3
West Ming EIR just prior to the start of the December 2151 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.
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 M1n9 Specific Plan\CC\Feb 28-07\GPA-SP-ZC Admin Report.doc
February 16, 2007
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: IJ. m .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ,1t/'i ../
r./ ~
CITY ATTORNEY ~
CITY MANAGER
February 8, 2007
SUBJECT: Resolution adding territory, Area 3-61 (Akers, Ironrock SW) to t
Maintenance District and confirming the assessments, approving t Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1501 to add
territory, Area 3-61 (Akers, Ironrock SW), 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. 6802. 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 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
MD3-61_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: \.l. n.
TO: Honorable Mayor and City Council
February 8, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
FROM:
DATE:
Raul M. Rojas, Public Works Director
SUBJECT: Resolution adding territory, Area 3-62 (Mountain Vista, Berkshire NE) to e C nsolidated
Maintenance District and confirming the assessments, approving t e Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1502 to add
territory, Area 3-62 (Mountain Vista, Berkshire NE), 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. 6916. 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 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
MD3-62_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: \ d.. . '0.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
February 8, 2007
SUBJECT: Resolution adding territory, Area 3-63 (Harris, Old River SE) to ~
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 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1507 to add
territory, Area 3-63 (Harris, Old River SE), 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. 6685. 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 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
MD3-63_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: ,~. o.
,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 8, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
ill/
!'I' l ''''___
SUBJECT: Resolution adding territory, Area 4-68 (Panorama, Rivani NE) to. e . onsolidated
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 February 7, 2007 the Council adopted Resolution of Intention No. 1503 to add
territory, Area 4-68 (Panorama, Rivani NE), 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. 6426. 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 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
MD4-68_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 1J...Q.
LJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 8, 2007
SUBJECT: Resolution adding territory, Area 4-69 (Union, E. California NE) to e
Maintenance District and confirming the assessments, approving 'the ublic Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1504 to add
territory, Area 4-69 (Union, E. California NE), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Parcel Map No. 11613. 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 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
MD4-69_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: \~.r .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
February 8, 2007
SUBJECT: Resolution adding territory, Area 4-70 (College, Valencia SE) to t
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 February 7, 2007 the Council adopted Resolution of Intention No. 1505 to add
territory, Area 4-70 (College, Valencia SE), 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. 7006. 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 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.
'I
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
MD4-70_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: l~.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 8, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
1Z
SUBJECT: Resolution adding territory, Area 5-31 (Pacheco, Cottonwood NW) to th
Maintenance District and confirming the assessments, approving th p. Iic Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 1)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1506 to add
territory, Area 5-31 (Pacheco, Cottonwood NW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Parcel Map No. 11473. 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 the
appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD5-31_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: \.1.1-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 8, 2007
SUBJECT:
I
Resolution adding territory, Area 5-32 (Hosking, Shannon SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the K~rn County Tax
Collector. (Ward 7) .
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On February 7, 2007 the Council adopted Resolution of Intention No. 1508 to add
territory, Area 5-32 (Hosking, Shannon SW), 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. 6368. 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 the
appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD5-32_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: IJ,.. "" .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 26, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
,,:In.
~.!' '-
{,
SUBJECT:
Resolution of Intention No. 1509 to add territory, Area 3-64 (Panama, Bu
the Consolidated Maintenance District and preliminarily adopting, confirmi
Public Works Director's Report. (Ward 5).
sta SW) to
a d approving
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No's. 6706 and 6719 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 3-64 is generally bounded by Panama
Lane on the north, Buena Vista Road on the east, Taft Highway on the south and South Allen 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 26, 2007, 10:04AM
MD3-64Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: \ cl. v' .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 12, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1510 to add territory, Area 3-65 (Hughes, cK. e 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 owners of Tentative
Tract No. 6369 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 3-65 is generally bounded by McKee Road on the north,
Hughes Lane on the east, a line approximately 1,320 feet south of McKee Road on the south and a line
approximately 1,320 feet west of Hughes Lane on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
February 12, 2007, 12:16PM
MD3-65Ri05.dot
ADMINISlRA liVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: ld-.. . W.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 14, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
;;11 (
SUBJECT: Resolution of Intention No. 1511 to add territory, Area 4-71 (Edis , Case) to the
Consolidated Maintenance District and preliminarily adopting, confirmi g and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11618 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 4-71 is generally bounded by a line
approximately 2,900 feet north of Chase Avenue on the north, a line approximately 3,970 feet east of
Edison Road on the east, a line approximately 2,380 feet south of Chase Avenue on the south and a line
approximately 1,300 feet west of Edison 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.
Statt is recommending the new territory be added to the Consolidated Maintenance District at the next Ci~
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 tc
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, ~
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
February 14, 2007, 10:0BAM
MD4-71 RIOS.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: IJ... . )( .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
(/11-.
February 14, 2007
SUBJECT: Resolution of Intention No. 1512 to add territory, Area 5-33 (Belle Terrace,
the Consolidated Maintenance District and preliminarily adopting, confirmi
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6378 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 5-33 is generally bounded by a line approximately 420 feet
south of Belle Terrace on the north, a line approximately 440 feet west of Cottonwood Road on the east, a
line approximately 1,290 feet south of Belle Terrace on the south and a line approximately 560 feet east of
Madison Street on the west. This area will be under the park and streetscape zones of benefit and will be
assigned appropriate tier levels when a park has been constructed and street landscaping has been
installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot
indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the developer to be recorded with the subdivision map.
A copy of this covenant is attached for reference.
mr
February 14, 2007, 10:38AM
MD5-33Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: \ 'J.. .
TO: Honorable Mayor and City Council
CITY MANAGER
FROM:
Javier Lozano, Human Resources Manager
DATE:
February 13, 2007
DEPARTMENT HEAD
CITY ATTORNEY
SUBJECT: Revised Job Specification and Change to Salary Schedule
1. Amendment NO.4 to Resolution No. 078-06 setting salaries and related benefits for
officers and employees of the General Supervisory, Police Supervisory and
Management Units and adopting salary schedule and related benefits for Assistant
Economic Development Director.
2. Revised Job Specification/Title Change: Community Development Coordinator to
Assistant Economic Development Director
RECOMMENDATION:
Staff recommends approval of the revised job specification, title change and adoption of the resolution.
BACKGROUND:
The Economic Development Director has requested the revision of the existing Community Development
Coordinator job specification with a title change to Assistant Economic Development Director. This
position will be responsible for managing the day-to-day operations of the department, project
management oversight and supervision of project teams and act as the Department Head in the absence
of the.,Economic Development Director. Based upon the level and scope of responsibility, we recommend
the salary remain the same as the existing Community Development Coordinator. Therefore, there is no
budgetary impact.
The revised jOb specification will be presented to the Miscellaneous Civil Service Board at their February
20, 2007 meeting.
(mp)
S:\Admin Reports - 2007\Assistant Economic Development DirectoAAssistant Economic Development Director.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: \ ::1. 'Z.- .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
February 8, 2007
SUBJECT: Tract Maps and Improvement Agreements
'-
1. Final Map and Improvement Agreements with San Joaquin Developm nt, LLC
for Tract 6152 Phase 3 located between McKee Road and Taft Highway (Hwy
119) west of Wible Road. (Ward 7)
2. Final Map and Improvement Agreements with JP/CP Development, INC., for
Tract 6295 Phase 2 located between Calloway Drive and Coffee Road south of
Brimhall Road. (Ward 5)
3. Final Map and Improvement Agreements with Dunmore Diamond Ridge, LLC for
Tract 6332 located between Ashe Road and Stine Road south of McCutchen
Road. (Ward 6)
4. Final Map and Improvement Agreements with Canyon Capital, INC. and M.C.
Williams Bros, INC. for Tract 6353 Phase 1 located at the southwest intersection
of Hoskings Avenue and Highway 99. (Ward 7)
5. Final Map and Improvement Agreements with Lo Land Assets, LP and Lennar
Homes of California, INC., for Tract 6361 Phase 1 located between Seventh
Standard Road and Etchart Road west of Verdugo Lane. (Ward 4)
6. Final Map and Improvement Agreements with Moreland Family, LLC, and C&O
Bakersfield I, LLC for Tract 6362 Phase 1 located between Wible Road and
Highway 99 south of McKee Road. ( Ward 7)
7. Final Map and Improvement Agreements with Val Verde, LLC for Tract 6368
located at the southwest intersection of Hoskings Avenue and Shannon Drive.
(Ward 7)
8. Final Map and Improvement Agreements with Lennar Homes of California, INC.
for Tract 6453 Unit 1 located at the southwest intersection of Reina Road and
Allen Road. (Ward 4)
9. Final Map and Improvement Agreements with Castle & Cooke California, INC. for
Tract 6799 located at the southwest intersection of Ming Avenue and Gosford
Road. (Ward 5)
February 9, 2007, 2:07PM
G:\GROUPDAT\ADMINRPT\2007\02-28\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
10. Improvement Agreements with Wilson/Brimhall, LLC for Parcel Map 11476
located at the northwest intersection of Brimhall Road and Calloway Drive.
(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 9, 2007, 2:07PM
G:\GROUPDAnADMINRPn2007\02-28\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: ic1. (..La...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
January 31, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Transportation Impact Fee Agreement with Tuscany/Parcel 14, DBA Sien m
6347 (Estimated Fee Credit - $278,714) located near the northwest corn~r; of AI
Highway and Pala.dino Drive (Ward 3)
RECOMMENDATION: Staff recOmmends approval of Agreement.
BACKGROUND: Tuscany/Parcel 14, DBA Siena Homes, is constructing Alfred Harrell Highway along the
tract frontage, north of the future Paladino Drive intersection. Transportation Impact Fee credit is available
for the portion of Alfred Harrell Highway that they are constructing. Siena Homes has requested that the
Transportation Impact Fee Credit available from this improvement be applied to lots in Tracts 6347. The
available credit is estimated at $278,714.
mps
January 31, 2007, 4:19PM
G:\GROUPDAliADMINRPT\2007\02-28\T6347 TIF Agreement.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
'TEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 14, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
rPROVED
i~'~
SUBJECT: Bakersfield Municipal Airport Ground Lease (Ward 1):
Ground Lease Agreement with Steven Hendrix for the purposes of constructi g an aircraft
storage hangar, for a monthly lease fee of $40.
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 20
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. The land lease agreement generates $40 per month in revenue.
Bbu
G :\GROUPOA 1\AOMINRPT\2007\02.28\Ground Lease - Hendrix.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 'J.. t~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
February 19, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Environmental Impact Report (EIR) for General Plan Amendment/Zone Ch ge rJo. 06-
1529 (Grand Bakersfield, LLC) generally located east of Ashe Road, south of Engle
Road, west of Stine Road and north of Houghton Road. (Wards 6 or 7).
1. Agreement with Grand Bakersfield, LLC ($254,900.00) for the preparation of an
Environmental Impact Report (EIR) and appropriate $191,183.00, (developer's
contribution) to the Development Services Operating budget in the General Fund.
2. Agreement with RBF Consulting ($191,183.00) to prepare Environmental Impact Report.
RECOMMENDATION:
Staff recommends approval of the agreements and the appropriation of funds.
BACKGROUND:
Grand Bakersfield, LLC is proposing the development of commercial, and low and high density
residential uses on approximately 481 acres, located east of Ashe Road, south of Engle Road, west of
Stine Road and north of Houghton Road.
Applicant - City Agreement:
This agreement acknowledges that Grand Bakersfield, LLC will pay for all costs associated with the
preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $254,900.00, which
consists of $191,183.00 for the consulting services and $63,717.00 to reimburse the City for its costs
and staff time in managing the project.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
Amendment/Zone Change No. 06-1529 by RBF Consulting.
CG: S:\GPA 3rd 2007\06-1529 Grand BakersfieldlAgraements\Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: l;t. c(d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 12, 2007
APPROVED
DEPARTMENT HEAD ') I
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with CMX Sports Engineers, L.L.C., ($710,000) for prelimina
design of the Sports Village, located on the north side of Taft Highway
Road and Ashe Road. (Ward 6).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The Sports Village Project is located on a 220 acre site located on the north side of Taft
Highway between Gosford Road and Ashe Road. The City plans to construct a recreation facility with a
"Sports Village" theme. The facility will consist of 16 soccer fields, 12 baseball fields, 6 football fields and
a community center. Surrounding areas will feature a park with a lake for family outings and two
commercial areas.
On November 13, 2006, the City received Statements of Qualifications from fifteen firms in response to the
City's Request for Qualifications for the Preliminary Design Services for the Sports Village, Bakersfield,
California. On January 17, 2007, the City conducted interviews with five qualified firms: CMX Sports,
Moore lacofano Goltsman, Inc., RJM Design Group, Inc., RRM Design Group, and the HLA Group. These
firms were then ranked according to their qualifications, interview presentations, and technical proposals.
The Selection Committee, consisting of six City staff representing Recreation & Parks Department and
Public Works Department, staff recommends award to CMX Sports based on their combination of
qualifications and fee proposal being the most favorable to the City.
(cv)
February 16. 2007, 10:57AM
G:\GROUPDAT\ADMINRPT\2007\02-28\Sports Village adm.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: Id... e(.,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 14, 2007
CITY MANAGER
SUBJECT: Agreement with CMX Sports Engineers, L.L.C., ($697,000) for
Engineering Services for 40 Acre Baseball Park, located on the corner
and Stockdale Highway (Ward 4).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: On November 29, 2006, the City entered into an agreement with Bakersfield Southwest
Baseball, INC. (BSWB) for construction of baseball fields at the 40 Acre Park located on the corner of
Jewetla Avenue and Stockdale Highway. The facility will contain a minimum of eight baseball fields,
lighting for three baseball fields, security lighting, spectator stand, a concession stand, restroom, an
equestrian staging area and a parking lot. Per the agreement between the City and BSWB, the City is
responsible for providing construction plans for the entire facility and to construct an entry road, all
necessary utilities into the park, landscaping along Jewetta Avenue, the restroom, equestrian staging
area, trash bin and parking lot.
On November 13, 2006, the City received Statements of Qualifications from fifteen firms in response to the
City's Request for Qualifications for the Preliminary Design Services for the Sports Village, Bakersfield,
California. On December 15, 2006, the City issued a Request for Fee Proposal for Architectural and
Engineering Services for the 40 Acre Baseball Park to the pre-qualified consultants for Preliminary Design
Services for the Sports Village. On January 17, 2007, the City conducted interviews with five qualified
firms: CMX Sports, Moore lacofano Goltsman, Inc., RJM Design Group, Inc., RRM Design Group, and the
HLA Group. These firms were then ranked according to their qualifications, interview presentations, and
technical proposals. The Selection Committee, consisting of six City staff representing Recreation &
Parks Department and Public Works Department, recommends award to CMX Sports based on their
combination of qualifications and fee proposal being the most favorable to the City.
<n' design engr)
February 16, 2007, 10:56AM
G:\GROUPDA T\ADMINRPT\2007\02-28\Design Consultant Agreement 40 Acre park. doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 11.. ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 1, 2007
. APPROVED
DEPARTMENT HE~1il (.L
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Arvin-Edison Water Storage District - License To Enc~
Way, Madison Street Bridge. (Ward 1)
RECOMMENDATION: Staff recommends approval of the license agreement.
BACKGROUND: In order to provide sewer service to the area east of Union Avenue and south of
Panama Lane, the developer of Tract 6333 (Lennar) is constructing a sewer main in Madison Street that
will cross the Arvin-Edison canal. This agreement between the City of Bakersfield and the Arvin-Edison
Water Storage District gives the City the right to construct and maintain a roadway (bridge) over the Arvin-
Edison canal as well as a sewer main under the canal. Lennar is constructing both the sewer main and
the roadway under an improvement agreement.
mps
February 16, 2007, 10:56AM
G:\GROUPDAT\ADMINRPT\2007\02-28\Madison AE License.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: \
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 20, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
V'?
tC
/J(
J
SUBJECT: Amendment No. 1 to Fiscal Year 2006/2007 Consultant's Agreement No. CA06-022 with
Bragg & Associates, Inc., for handling liability claims adjusting and administration services,
in a total contract amount not to exceed $80,000.
RECOMMENDATION:
Staff recommends approval of Amendment No. 1 to Agreement No. CA06-022
BACKGROUND:
On June 12, 2006, the City Attorney's Office entered into Agreement No. CA06-022 with
Bragg & Associates for the primary purpose of providing adjusting and administration services for
catastrophic claims. Due to an increase in the number of liability claims being handled by BRAGG,
it is necessary to modify the contract to allow for an increase in the total contract amount by
$40,000, not to exceed 80,000, to pay for current claims pending completion of the RPF for claims
services. Said amendment will also correct a calendar error within the contract. No additional
appropriations of monies are necessary since the amount of compensation is in the current budget.
February 20, 2007, 3:06PM
S:ICOUNCILlAdminsI06-07 AdminslBragg&AssocAmd 1 AgrCA06-022.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: \J... nh.
TO: Honorable Mayor and City Council
CITY MANAGER
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
DATE:
February 16, 2007
SUBJECT: Amendment No. 1 to Agreement 06-211 with Greenfield Housing, L.P. for the
of 35 affordable single family rental units of which the City will provide HOM CHDO
financial assistance to five housing units and revise the language dealing with project
definitions and underwriting terms of the CITY loan and remove the Trust Deed security.
(no budgetary action). (WARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On July 16, 2006, the City Council approved an agreement with Greenfield Housing, L.P. for $300,000 in
HOME Community Housing Development Organization (CHDO) funds to construct affordable housing
units for low income large families in a new 8:t: acre SE subdivision tract south of Fairview Road at the
future Outback Drive. CHDO funds are specially earmarked federal funds received by the city that must
be provided to qualified community housing development organizations. These funds can be used for the
planning and construction of affordable housing by these entities. The Greenfield project is a 35 unit
rental project that includes a community room and will cost about $12 M. The project will be owned and
operated by a limited partnership controlled by Golden Empire Affordable Housing - GEAHI II. GEAHI is a
non profit housing development affiliate of the Housing Authority of Kern County. Last December, GEAHI
II, the CHDO and managing partner of Greenfield Housing, L.P., requested an amendment to the City
agreement to comply with their primary and secondary lenders underwriting requirements.
The original agreement stipulated the CHDO loan to Greenfield Housing, L.P. at 3% interest for five
floating single family residential units that must be restricted to low income households. The loan was
structured to be repaid from residual receipts and the note was to be secured by a Deed of Trust on the
property for a term of 20 years. The CHDO is now requesting that we amend the Agreement to allow the
City to be in a subordinate lien position on title and to designate five specific lots (in lieu of five floating
lots) as the identified HOME assisted units (up to $60,000 per unit), subject to a City Deed of Trust and
Covenants. After reviewing the preliminary title report for the five designated units, staff determined that
the City would actually be in a fourth or later secured position due to existing indebtedness secured by
earlier deed of trusts from other lending institutions involved with the project.
S:\Admins\City Council\City Council Admins 2007\Greenfield Amend NO.1 Admin.doc
2/16/20079:52 AM
ADMINISTRATIVE REPORT Page 2
The attached amendment reflects revised language designating five fixed housing units (see attached
map), amended definitions for Residual Receipts and HOME Assisted Units, and modified terms of the
CITY loan which includes deletion of a deed of trust as the security instrument for the loan. The project
will be owned and controlled by an affiliate of the Housing Authority and used for affordable public housing
for large families. The funding for the project includes over six sources of financial assistance including
USDA, TCAC, Farmworkers Housing Grant, and HUD as primary lenders. These primary financial
partners hold trust deed positions up to the fourth position. The City will have an unsecured promissory
note. Given the affiliation of the Golden Empire Affordable housing, Inc. with the Housing Authority of the
County of Kern and both of these entities long standing history of success with public housing in Kern
County, staff views the default risk potential to this project to be minimal for the City. Staff recommends
approval of the amendment.
S:\Admins\City Council\City Council Admins 2007\Greenfield Amend No.1 Admin.doc
2/16/20079:52 AM
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent
ITEM: \;A,. i i .
TO:
FROM:
DATE:
Honorable Mayor and City Council \,. ~
Javier Lozano, Human Resources Mana~ I DEPARTMENT HEAD
February 20, 2007 CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 3 to Agreement No. 00-95 with William Avery & Ass c' tes Inc. for
Negotiation and Consultant Services in Employer-Employee Relations or n annual
maximum of $41 ,200 including expenses.
RECOMMENDATION:
Staff Recommends approval of the amendment.
BACKGROUND:
On February 26, 2006, the City Council approved Mr. Avery's consulting agreement for a one year
extension period ending March 1, 2007. Mr. Avery has had a long history with the City (almost 23 years)
providing consulting services in labor negotiations and ongoing labor relations issues. Mr. Avery has been
very successful in building positive working relationships between employee labor groups, staff and
Council. He also has a unique understanding of the City's labor relations history and knowledge of past
labor practices which will be critical as we approach Union negotiations later this year and into early 2008.
The cost will remain the same as for 2006; monthly fees of $2,600 per month and a $10,000 maximum
reimbursement for travel and lodging fees. This would be an agreement for Negotiation and Consultant
Services in Employer-Employee Relations totaling a maximum of $41, 200 for the year. This amendment
guarantees Mr. Avery's services and rate from March 1, 2007 to March 1,2008.
Staff recommends approval of the agreement.
S:\ADMINRPT\Avery 2007-2008 Labor Relations.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: \.1. i \.
UJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
February 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment NO.2 to Agreement No. 05-262 with Jim Alfter Cement Cont acto
($1,200,000.00, revised not to exceed $3,000,000.00) for the annual contract
for concrete construction. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 6,2005, Council awarded the annual contract for concrete construction to Jim
Alfter Cement Contractor in the amount of $900,000.00. On July 19, 2006, Council approved Amendment
#1 to the Agreement which added $900,000 to the Agreement and extended it for an additional year.
Amendment #2 adds $1,200,000.00 to the Agreement to accommodate the increased levels of work for
projects such as curb and gutter installation for Fire Station No.5, parking lot reconstruction for Fire
Station No.1 0 and Callaway Drive median island installation.
Purchasing Division
DW
S:\PURCH\ADMIN\AmendmentslJim Alfler Cement Contractor, 05-262 AC for Concrete Construction, February 28, 2007, #2.doc
February 15, 2007, 1:19PM
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: \;)... \(t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
February 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 04-310 with Kone, Inc. ($20,00 .00, ~evised not to
exceed $100,000.00) for elevator maintenance and repair for various City facilities. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On October 20, 2004, Council awarded a three-year agreement to Kone, Inc. in the
amount of $80,000.00 for maintenance and repair of elevators located in various City facilities. The
Agreement must be amended to reflect an increase in compensation for maintenance of the elevators in
the Borton Petrini Building until the services are re-bid in October 2007.
Purchasing Division
OW
S:\PURCH\ADMIN\Amendments\Kone, Inc., Agreement No. 04-310 AC Elevator Maintenance, February 28,2007, #1.doc
February 15, 2007, 11:54AM
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: IJ... II.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
February 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 2 to Agreement No. 05-065 with San Joaquin enc and Supply
($200,000.00, revised not to exceed $500,000.00 and extending the term fo one (1) year)
for the Annual Contract for Fencing. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On February 9, 2005, Council awarded the Annual Contract for Fencing to San Joaquin
Fence and Supply, Bakersfield, in the amount of $150,000.00. On March 8, 2006, Council approved
Amendment NO.1 adding $150,000.00 and extending the agreement for an additional year. Amendment
NO.2 will add $200,000.00 and extend the Agreement for one (1) year under the same terms and unit
prices. Extending the Agreement allows the City to continue working with a good provider and saves staff
time and efforts required if this item were to be re-bid. Sufficient funds are budgeted within the various
City departments to cover this contract amendment.
Purchasing Division
DW
S:\PURCHIADMINlAmendments\San Joaquin Fence and Supply, Agreement No. 05-065 AC Fencing, February 28,2007, #2.doc
February 15, 2007, 11 :38AM
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Bob Trammell, Director Information Services DEPARTMENT HEAD
APPROVED
CliJ7
February 21 , 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 06-371 with bd Systems,
Computerized Routing Application. (All wards)
RECOMMENDATION:
Staff recommends approval of the Amendment.
BACKGROUND:
On November 29, 2006, the City entered into Agreement No. 06-371 with bd Systems regarding
development of routing application software which will run in a Microsoft Windows environment. The
software will create an optimized route of travel for City employees based on the City's G.I.S. road
network. During the time the agreement was being negotiated and finally approved by Council, bd
Systems was purchased by SAIC. SAIC, through bd Systems, has requested several minor, technical
changes be made to the contract due to the purchase of bd Systems by SAIC. bd Systems will still
provide the same services under the agreement. The price and the end product are not affected by these
changes.
February 21, 2007, 8:30AM
S:\COUNCIL\Admins\06-07 Admins\bdsystemsamd1.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: \J. nn.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
February 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Casa Moore Audio and Video ($72,097.74) for a wireles
the Police Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for a wireless mesh system.
BACKGROUND: Invitations to Bid were sent to approximately twenty (20) suppliers for a portable wireless
mesh system to be used by the Police Department for surveillance. Two (2) bids were received in
response to the solicitation.
BIDDER
AMOUNT
$72,097.74
Casa Moore Audio and Video
Bakersfield, California
Crime Point, Inc.
Camarillo, California
$79,847.63
Staff finds the low bid to be acceptable and recommends award of the bid to Casa Moore Audio and
Video, Bakersfield, California in the amount of $72,097.74. State grant funds (SLESF) will be used for this
purchase.
Purchasing Division
DW
S:\PURCHIADMIN\Wireless Mesh System, 06-07-61. February 28. 2007.doc
ADMINISTRA liVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: l.l. 00.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 25, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
f~fl
~/
.. L_-
SUBJECT: Accept bid from US Filter ($2,084,114) for four US Filter dewatering cent
in the Wastewater Treatment Plant 3 - 2007 Expansion Project (Ward 6).
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: As part of the Wastewater Plant 3 - 2007 expansion project, a significant effort has
been made to make the expanded/upgraded Plant odor free. As a result, the existing outdoor sludge solar
drying beds will be replaced by an indoor mechanical dewatering process which will aid in making the
Plant odor .free. This dewatering process will utilize centrifuges. Because of the critical nature of the
centrifuges, it was important to choose a centrifuge that had good references for reliability, support, and
efficiency, had low chemical requirements, and was able to remove as much water as possible from the
sludge to decrease transportation costs.
There are many factors involved in making an appropriate selection, the request for proposal clearly stated
that prospective bids would be evaluated not only on initial cost but on operation and maintenance costs
over the life of the equipment and references. Bids were received from four different centrifuge
manufacturers. The City's design consultant, Parsons Engineering, completed an evaluation of the bids
that included initial capital cost, projected annual operating costs (electricity, maintenance, and chemical)
for the centrifuges, and references. Two bidders did not comply with the request for proposal because
they declined to offer a firm price quote, an appropriate equipment warranty, or performance data and are
therefore not listed below. The total present worth cost, as shown below, represents the true cost taking
into account both the bid amount and the ongoing annual operation and maintenance costs for the
centrifuges. Reference checks for both of the bidders listed below were favorable. Therefore, the lowest
"total present worth cost" represents the most favorable bid to the City.
Two acceptable bids were received, as listed below:
BIDDER
BID AMOUNT
$2,084,114.00
$1,876,875.00
TOTAL PRESENT WORTH COST
$10,773,903.00
$13,429,660.00
US Filter
Alfa Laval
Staff finds the US Filter bid to be acceptable and recommends award of this bid to US Filter. Sufficient
funds are available to cover this purchase.
(Ics, P\N ww)
February 2, 2007, 11 :13AM
G:\GROUPDAT\ADMINRPT\2007\02-28IAdmin Report for US Filter Centrifuges E4K114.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: I .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
February 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Better Direct LLC ($77,777.70) for replacement
(Citywide)
RECOMMENDATION: Staff recommends acceptance of the bid for thirty-seven (37) replacement IBM
tablet computers.
BACKGROUND: Invitations to bid were sent to approximately one hundred (100) suppliers for
replacement tablet computers to be used by various City departments. Five (5) bids were received in
response to the solicitation.
BIDDER
AMOUNT
$77,777.70
Better Direct LLC
Tempe, Arizona
Mlcrogear, Inc.
Livermore, California
$78,039.39
PC Plus Ltd.
Brooklyn, New York
Tech Depot
Trumbull, Connecticut
EDX Information Systems, Inc.
Fremont, California .
$88,192.74
$94,095.14
$114,904.25
Staff finds the low bid to be acceptable and recommends award of the bid to Better Direct, LLC, Tempe,
Arizona in the amount of $77,777.70.
Purchasing Division
OW
S:\PURCH\ADMIN\IBM Tablet Computers, 06-07-72, February 28, 2007.doc
Created on 2/15/200711:17:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: I .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
February 7,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to D. C. Hubbs Construction ($94,975) to nst ct Guard
Rail Improvements, Panorama Drive, from Hale Street to Mount Vernon v. nu (Ward 3).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will improve traffic safety on Panorama Drive north of Bakersfield College
that does not have curb and gutter. In some places the edge of the bluff is less than 5 feet from the
traveled way. This guard railing will provide protection from an errant vehicle loosing control and going
over the bluff. Funding for this project is from the State Gas Tax Fund. The engineer's estimate was
'$121,800.
Seven acceptable bids were received on January 18, 2007 as follows:
D. C. Hubbs Construction
37306 Vista View Dr.
Yucaipa, CA 92399 (Outside City) in amount of
$ 94,975.00
M. Bumgamer, Inc.
1175 Greenville Rd.
Livermore, CA 94550
(Outside City)
in amount of
$ 95,115.00
Coral Construction Co.
10780 SW Clutter Rd.
Sherwood, OR 97144
(Outside City)
in amount of
$122,122.00
C & W Construction Specialties, Inc.
2419 Palma Drive
Ventura, CA 93003 (Outside City) in amount of $124,134.43
Harris Steel Fence Co., Inc.
8728 So. San Pablo St.
Los Angeles, CA 90003 (Outside City) in amount of $131,506.88
Southland Construction
3943 Irvine Blvd., Ste 40
Irvine, CA 92602 (Outside City) in amount of $132,950.00
Rudnick Fence Co.
340 Renfro Rd.
Bakersfield, CA 93314 (City) in amount of $144,995.50
February 7,2007, 5:34PM
G:\GROUPDAT\ADMINRPT\2007\02-28\Guard Rail Improvements, Panorama Drive, T7K119.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: \a.fl"'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 20, 2007
APPROVED
DEPARTMENT HEAD
CITY A TTORNE
CITY MANAGER
SUBJECT: Reconstruction on Gosford Road from Panama Lane to the Union Pacifi
and on Olympia Drive from South Laurel Glen Boulevard to South Half
5 and 6):'/
1. Accept bid and award contract to Granite Construction ($1,865,838) for Project.
.2. Appropriate $150,000 surplus interest earnings of Vehicle License Fee Receivable
Proceeds to the Public Works Capital Improvement Budget within the Capital Outlay
Fund.
3. Appropriate $1,900,000 of Traffic Congestion Relief (Proposition 42) funds to the Public
Works Capital Improvement Budget within the Gas Tax Fund.
RECOMMENDATION:
Staff recommends acceptance of low bid, award of contract, and approval of
appropriations.
BACKGROUND: The project consists of pavement reconstruction on Gosford Road from Panama Lane
to the Union Pacific Railroad Tracks and on Olympia Drive from South Laurel Glen Boulevard to South
Half Moon Drive. The project is funded predominantly with Proposition 42 Funds. This administrative
report also appropriates $150,000 of surplus interest earnings of Vehicle License Fee Receivable
Proceeds which must be used for a road resurfacing project.
On February 07,2007, five acceptable bids were received as follows:
Granite Construction
3000 James Road
Bakersfield, Califomia 93308 (County)
in the amount of
$1,865,838
Griffith Company
1898 S. Union Ave.
Bakersfield, California 93306 (City)
in the amount of
$1,944,408
Papich Construction Company, Inc.
1666 Ramon, Suite D
Grover Beach, California 93433 (Out of Area)
in the amount of
$2,208,906
February 20, 2007, 4:39PM
G:\GROUPDA nADMINRPT\2007\02-28\Prop42-Gosford-0Iympia-Recon.doc
ADMINISTRATIVE REPORT
Maverick Asphalt, Inc.
6900 Meany Ave.
Bakersfield, California 93308 (City)
in the amount of
$2,422,718
Teichart Construction
13281 Golden State Blvd.
Kingsburg, California 93631 (Out of Area)
in the amount of
$2,605,632.80
Additional appropriations beyond the base bid amount is required for design engineering services,
construction inspection services, materials testing, potential contract change orders, and other
miscellaneous costs.
February 20, 2007, 4:39PM
G:\GROUPDA T\ADMINRPT\2007\02-28\Prop42-Gosford-Olympia-Recon.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: \d-... 5S .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Javier Lozano, HR Manager ~. ~/
February 6, 2007 . \S
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Reclassification: Programmer Analyst (1 position) to Applications Syste
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Bob Trammell, Director of Information Technology has requested the reclassification of one Programmer
Analyst position to an Applications Systems Supervisor. The incumbent has assumed a supervisory role
in managing much of the day-to-day work of programmers to develop the City's expertise in web-based
applications and support the Police Department CAD and RMS systems while the current supervisor
focuses on HTE and the AS400.
The current Applications Systems Supervisor has a uniquely specialized knowledge of the HTE financial
system and AS400. In a succession planning effort, the Programmer Analyst to be reclassified has been
learning the HTE system to provide backup and uninterrupted support of the system for City staff. The
reclassification will recognize the incumbent for the work he is already doing and formalize the supervisory
structure.
SEIU concurs with the proposed revision. Salary savings have been identified sufficient to cover the
increased cost. The reclassification will be presented to the Miscellaneous Civil Service Board at their
February 20, 2007 meeting.
Om)
February 6,2007, 1:37PM
S:\ADMINRPT\Recla... progr Analyst to Applications Systems Supv.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
Consent Calendar
TO:
FROM:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
DATE:
February 13, 2007
DEPARTMENT HEAD
CITY ATTORNEY
Javier Lozano, Human Resources Manager
SUBJECT: Reclassification: Laborers (3 vacant positions at the City Corporation Yard) to Facility
Workers (3) in the Solid Waste Division of Public Works.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Sal Moretti, Superintendent in the Public Works Solid Waste Division has requested the reclassification of
three vacant Laborers to Facility Workers at the Corporation Yard.
The Corporation Yard Laborer's daily duties include making a schedule and routing cart delivery,
communicating with customers regarding delinquent payments, retrieving lost or stolen carts, reconciling
serial numbers with cart inventory, identifying and prioritizing drop off recycling location collection, lubing
trucks, representing the division at special events, taking care of customer complaints, locating and
cleaning illegal dump sites, among other duties as necessary. The majority of the Laborer's time on the job
is acting independently in the field and without immediate supervision. The variety of tasks, the level of
tasks, the degree of independent decision making and judgment, as well as the degree of supervision
required, warrants the Solid Waste Division Corp Yard Laborers (3) need to be reclassified into Facility
Workers.
Salary savings have been identified sufficient to cover the increased cost. This has been approved by the
Raul Rojas, Public Works Director as well as Javier Lozano, Human Resources Manager. The
reclassification will be presented to the Miscellaneous Civil Service Board at their February 20, 2007
meeting.
(mp)
S:\Admin Reports - 2007\Laborer to Facility Worker - S.w\Laborers to Facility Workers - S.w..doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
Consent Calendar
FROM:
DATE:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manage*' DEPARTMENT HEAD
February 8, 2007 CITY ATTORNEY
CITY MANAGER
TO:
SUBJECT: Revised Job Specifications: Computer Drafting Technician I and II
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
At the request of the Civil Engineer IV in the Public Works Design Section, the job specifications for
Computer Drafting Technician 1/11 have been reviewed and revised. Specifically, the specifications have
been updated to reflect current standards.
CCAPE concurs with the proposed job specifications revisions. There is no budgetary impact as the
salary will remain the same. The revised job specifications will be presented to the Miscellaneous Civil
Service Board at their February 20, 2007 meeting.
(mp)
S:\Admin Reports - 2007\Computer Drafting Technician I & lI.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 1.1.. "v.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
February 15, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Employee Recruitment and Retention
RECOMMENDATION:
Staff recommends referral of the issue to the Personnel Committee.
BACKGROUND: At the Department Head retreat in late 2006, the issue of recruiting and retaining
quality employees was discussed. As noted in the attached materials, we have experienced increasing
difficulty in recruiting and retaining good employees as well as doing succession planning for key positions
which become vacant due to retirements. This situation is occurring at various levels of the organization
and the inability to attract and retain qualified employees can directly impact service levels to the
community and delay completion of projects. Staff has developed several documents which describe the
challenges we are facing as well as an action plan to address these issues.
The action plan includes enhancements to education incentives and reimbursements, a home ownership
assistance program for those employees who qualify based on the income criteria for existing federal
housing assistance programs, internship and mentoring programs, and modifications to our recruitment
efforts to enhance our ability to attract qualified employees. This information has been discussed with
affected employee union representatives and shop stewards. Staff recommends referral of this issue to
the Personnel Committee.
February 16, 2007, 11 :29AM
S:\Admin Rpts\2007\Recruitment and Retention 022807.dot
JWS:al
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar
ITEM: \a. I WW.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 21, 2007
APPROVED
DEPARTMENT HEAD ~~y .;tl--
CITY ATTORNE~'
CITY MANAGER
SUBJECT: Authorization of a letter from the City of Bakersfield to Governor Sc wa enegger
requesting his support for a fair share allocation of Proposition 1 B Air Quality Mitigation
funds ($1 Billion) to the San Joaquin Valley.
RECOMMENDATION: Staff recommends approval of letter.
BACKGROUND: For years residents have suffered extraordinarily high rates of asthma, acute bronchitis,
and similar respiratory illnesses as a result of the poor air quality in the San Joaquin Valley. This letter
requests Governor Schwarzenegger's support for an appropriate allocation of air quality mitigation funds
for the Valley in the spending plan for Proposition 1 B. These funds would go to accelerated replacement
of the goods movement truck fleet in the Valley. It also requests the Governor to give early funding priority
to the $1 Billion for air quality mitigation in the overall spending plan for Proposition 1 B.
February 21,2007, 3:48PM
G:\GROUPDAnADMINRPT\2007\02-28\Prop 1 B.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Hearings
ITEM: I~. 0...
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
February 9, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution ordering the vacation of the 20-F . e alley in
Block 7 of Alta Vista 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 Bernard Street, with the
Assessors Parcel Number 012-320-08-1. The city owns three small lots on this block. Vacating the 20-
Foot wide 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 a-Inch 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.
G:\GROUPDA 1\ADMINRPT\2007\02-28\Resolution 1500 Admin-Hearing.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Hearings
ITEM: \~. h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
January 17, 2007
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution to use a portion of city property a
right-of-way for Burr Street west of Gibson Street. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: The City of Bakersfield has received a request from Bakersfield River Run RV Park to
dedicate additional right-of-way for a cul-de-sac at the easterly terminus of Burr Street. The cul-de-sac is
required to improve Burr Street for access to the new River Run RV Park.
The City owned property has an existing water tank and booster pump station. The new cul-de-sac
required the fence, commercial drive approach and V-gutter to be rebuilt at the developers cost. The City
Water Department has reviewed the street plans for this project and after minor changes agreed to all of
the changes.
Created on 1/17/20071:46:00 PM
G:\GROUPDAnADMINRPT\2007\02-28\3715 BURR ST admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Consent Calendar -Hearings
ITEM: Il.C.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
February 8, 2007
CITY ATTORNEY I
CITY MANAGER
SUBJECT: Public hearing to consider adoption of Resolution making findings and upd . g t
Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP). Developers pay a $2,145 per acre fee at grading plan approval stage to
compensate for direct and indirect impacts on endangered species habitat from urban development. The
funds are used to purchase and manage habitat consistent with the City's implementing agreement with
the U.S. Fish and Wildlife Service and California Department of Fish and Game. No change to the CIP is
recommended at this time.
Approved by the City Council and Board of Supervisors in December 2006, and effective February 13,
2007, the fee paid by developers increased from $1,240 to $2,145 per acre to accommodate the recent
astronomical increases in land prices and search for suitable habitat lands to acquire for the program.
The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on August
25, 1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became operational in
August of 1994. The permit terminates in year 2014. The preparation of the MBHCP and the protection
afforded by it was undertaken to provide a means whereby individuals and the development community in
the metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying
with State and Federal Endangered Species Acts. The program received widespread support from the
development community and environmental groups.
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement
between the City of Bakersfield and Kern County. The trust group is composed of representatives from
the City of Bakersfield and Kern County, and includes advisory members from the California Department
of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member.
The MBHCP document and Implementation/Management Agreement describe a capital improvement plan
for utilization of the accompanying mitigation fee. Pursuant to California Government Code Section
66002, the capital improvement plan must be updated annually by the City and County. This report
ADMINISTRATIVE REPORT
Page 2
provides the basis for the annual update. Staff has determined that the annual update of the MBHCP
Capital Improvement Plan is categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15308 of the State CEQA Guidelines.
The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect of urban
growth on Federally and State protected plant and animal species within the 408-square mile Metropolitan
Bakersfield 2010 General Plan area. The Capital Improvement Plan (CIP) involves the use of mitigation
fees to offset the loss of endangered species habitat in the metropolitan Bakersfield area through the
acquisition and maintenance of non-urban habitat land. The $2,145 per acre fee covers land acquisition
costs, program administration, endowments for fencing and maintenance that are tied to the automatic
raises by the State. The program is self-supporting and requires no support funds from the city or county.
So far over 14,700 acres of endangered species habitat land have been credited to implementation of the
Habitat Conservation Plan. This places us ahead of the "take" as required by Federal and State law and
our agreement. The program has acted to acquire more than 1,550 acres of habitat mitigation land in
2006.
The Capital Improvement Plan has operated successfully in meeting the program's obligations under the
terms of our agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife
Service. It is recommended that no changes in the Capital Improvement Plan are necessary and that the
update should be a confirmation of the present plan. Staff will continue to monitor the adequacy of the
Capital Improvement Plan to ensure that the program meets its obligations. Staff will also continue to
monitor any changes that may take place in the State and Federal Endangered Species Acts to determine
the need to continue the program or to renegotiate the terms of our incidental take permits from the
California Department of Fish and Game and the U.S. Fish and Wildlife Service.
The Kern County Board of Supervisors took action to adopt a resolution confirming the current Capital
Improvement Plan on January 9, 2007. The MBHCP and Implementation/Management Agreement
describe the estimated costs of the program and indicate the extent and types of facilities (land) to be
acquired with the funding source and serve as the Capital Improvement Plan for the MBHCP. Staff is
recommending adoption of the resolution updating the Capital Improvement Plan for the MBHCP.
Jeng\ S:\HCP\cap imprv\2007\Adm rept-hcpcip2007.doc
February 8, 2007
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Hearings
ITEM: 13. d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
February 14, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Donna L. Kunz, Economic Development Director
SUBJECT: Resolution authorizing Levy Affiliated Holdings LLC, or a limited liability com y r limited
partnership to be established by Levy Affiliated Holdings LLC, to issue multifamily housing
revenue bonds (not to exceed $7.5 million) to be used for acquisition, rehabilitation and
development of an 88-unit multifamily rental housing development commonly known as
Coventry Apartments located at 3101 Coventry Place. (Ward 7)
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
The City Council is being asked to adopt a resolution which would approve the issuance of multifamily
housing revenue bonds by the California Statewide Communities Development Authority ("CSCDA") for
the purpose of financing the acquisition and rehabilitation of a multifamily residential housing facility
located in the City (the "Projecf'). The purpose of the resolution is to allow the financing to meet a
requirement of the Internal Revenue Code of 1986. The adoption of this resolution is the first step in the
process of financing the proposed Project. Prior to the issuance of bonds the Project will need to receive
"private activity bond" allocation from the California Debt Limit Allocation Committee and CSCDA will be
required to adopt a resolution which would approve the execution and delivery of certain bond documents
that would reflect the terms of the bonds.
The Internal Revenue Code of 1986 (the "Code") requires that the "applicable elected representatives" of
the jurisdiction in which a project to be financed with "private activity bonds" is situated adopt a resolution
approving the issuance of such "private activity bonds" after holding a public hearing which has been
noticed in a newspaper of general circulation in such jurisdiction. The City Council is being asked to hold
such publiC hearing which has been noticed as required by the Code. The proposed resolution would act
as the approval by the "applicable elected representatives" with respect to the proposed Project. The
CDLAC application for "private activity bond" allocation for a multifamily housing project requires the
inclusion of the approval resolution. If the City Council adopts this resolution, CSCDA will proceed with the
submission to CDLAC of an application for "private activity bond" allocation for the purpose of financing
the acquisition and rehabilitation of the Project.
S:\Admlns\Clty Councll\City Council Admins 2007\TEFRA Hearing for Coventry Apartments.doc
2/14/200712:29 PM
ADMINISTRATIVE REPORT Page 2
The City will not be a party to the financing documents. As set forth in Section 9 of the Amended and
Restated Joint Exercise of Powers Agreement of CSCDA, the debt would not be secured by any form of
taxation, or by any obligation of either the City or CSCDA. Neither would the debt represent or constitute
a general obligation of either the City or CSCDA. Pursuant to the governing California statutes and the
JPA Agreement, a member of CSCDA is not responsible for the repayment of obligations incurred by
CSCDA. The debt would be payable solely from amounts received pursuant to the terms and provisions
of financing agreements to be executed by the Developer of the proposed facility. In the financing
documents the Developer will also provide comprehensive indemnification to CSCDA and its members,
including the City.
The proposed bonding authority will allow Levy Affiliated Holdings LLC to issue the tax-exempt revenue
bonds to help in the financing and/or refinancing of their project and they will be responsible for the
repayment of the bonds. None of the City's funds will be pledged for the repayment of these bonds.
Pursuant to the requirements of the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989, the City must
publish a public notice and conduct a hearing to receive input from the publiC on the proposed issuance of
these bonds. Any comments received during the public hearing will be given due consideration. The
public notice was published on February 11, 2007.
S:\Admins\Clty Council\City Council Admlns 2007\TEFRA Hearing for Coventry Apartments.doc
2/15/20072:35 PM
~ 0 ADMINISTRATIVE REPORT
II.
MEETING DATE: February 28, 2007
AGENDA SECTION: Hearings
ITEM: 13. e.
February 14, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
SUBJECT: Resolution authorizing Catholic Healthcare West, to issue tax exempt reven bo s (not
to exceed $985 million) for financing and/or refinancing the acquisition, cons ruction,
improvement and equipping of certain medical facilities known as Bakersfield Memorial
Hospital, 420 34th Street, Mercy Hospital, 2215 Truxtun Avenue, and Mercy Southwest
Hospital 400 Old River Road, and other health care facilities related thereto, owned and
operated by Catholic Healthcare West. (Wards 2 and 5)
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
Catholic Healthcare West is seeking tax-exempt financing from the California Statewide Communities
Development Authority for approximately $985 million.
A portion of the net proceeds of the Bonds will be used for the purpose of financing and/or refinancing the
construction, expansion, remodeling, renovation, furnishing, equipping or acquisition of the following
health care facilities, (a) which are owned and operated by: Catholic Healthcare West, 185 Berry Street,
Suite 300, San Francisco, California: (i) Mercy Hospital (Truxtun Campus), a 194-bed acute care hospital
facility (with skilled nursing and rehabilitation facilities), located at 2215 Truxtun Avenue, Bakersfield,
California, including construction and equ:rPing of the Intensive Care Unit in the Locked Unit, (ii) a medical
records warehouse, located at 2129 16 Street, Bakersfield, California, (iii) Mercy Child Care Center,
located at 2301 Ashe Road, Bakersfield, California, (iv) Mercy Hospital (Southwest Campus), a 75-bed
acute care hospital facility, located at 400 Old River Road, Bakersfield, California, (v) an operations center,
housing a home health facility, administrative offices and a warehouse, located at 551 Shanley Court,
Bakersfield, California, and (b) which are owned and operated by Bakersfield Memorial Hospital, located
at 420 34th Street, Bakersfield, California, an affiliate of Catholic Healthcare West: (i) Bakersfield Memorial
Hospital, a 367-bed acute care hospital facility (with skilled nursing, psychiatric and chemical dependency
facilities), located at 420 34th Street, Bakersfield, California, including construction and equipping of a 4-
story patient tower and approximately 114 beds, demolition of certain facilities, and construction and
equipping of related parking facilities and (ii) a 24-bed skilled nursing facility, located at 3600 San Dimas
Street, Bakersfield, California.
The proposed bonding authority will allow Catholic Healthcare West to issue the tax-exempt revenue
bonds to help in the financing and/or refinancing of their project and they will be responsible for the
repayment of the bonds. None of the City's funds will be pledged for the repayment of these bonds.
S:\Admlns\City Councll\Clty Council Admlns 2007\TEFRA Hearing for CHW.doc
2/14120072:35 PM
ADMINISTRATIVE REPORT
Page 2
Pursuant to the requirements of the Tax Equity Fiscal Responsibility Act (TEFRA) of 1989, the City must
publish a public notice and conduct a hearing to receive input from the public on the proposed issuance of
these bonds. Any comments received during the public hearing will be given due consideration. The
public notice was published on February 11, 2007.
S:\Admins\Clty Councll\City Council Admins 2007\TEFRA Hearing for CHW.doc
2/15/20072:36 PM
ADMINISTRATIVE REPORT
MEETING DATE: February 28,2007
AGENDA SECTION: Reports
ITEM: 'S.a..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
February 23, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Refurbishment of the Entry Monument Signs Located on State Route 99
RECOMMENDATION:
City Council determination
BACKGROUND:
In 1995, the Council's Ad Hoc Economic Development Committee recommended the City adopt the
insignia known as the squiggly "B", which identifies the mountains, desert and sky with Bakersfield written
underneath it to replace the City's motto, Bakersfield - City of Golden Opportunities. The
recommendation was unanimously approved by the City Council.
In 2001, the Council approved the design and construction of monument signs to be located at entry
points to the city. Two signs were constructed with the squiggly "B" logo and placed at locations entering
the city from the north and south on State Route 99.
At the June 21, 2006 City Council meeting, Sheryl Barbich, President of Vision 2020, made a formal
request for the City Council to officially replace the "squiggle" logo currently used by the City and to adopt
the stylized Bakersfield with the leaf design that is incorporated as part of the overall Bakersfield - Life As
It Should Be community brand.
At the request of Councilmember Benham, the issue was referred to the Community Services Committee
to review the feasibility of changing the City's logo to the stylized Bakersfield with the leaf design and to
the Public Works Department to provide the Committee a cost analysis of moving the existing north sign to
a more advantageous location, versus the cost and related issues for the construction of a new sign.
On behalf of Vision 2020 and the Vision Image Committee, Chamber of Commerce PresidenVCEO Debbie
Moreno, presented a proposal at the Community Services Committee meeting on July 17, 2006. The
request was for the City to replace the current "squiggle" everywhere it is displayed, including all
letterhead, brochures, signs, the City website, vehicles, and the monument signs. She stated that the
most important change to Vision 2020 would be to redo the monument signs located on State Route
Highway 99 at north and south entry points to the city. Ms. Moreno indicated that Vision 2020 would be
willing to help raise funds to reface the signs when the City identified the related costs.
February 23. 2007, 12:10PM
P:\AdminReports&Related\Adm-2007\EntryMonumentSigns-Rev-0221 07.doc
AT:RS
ADMINISTRA liVE REPORT
City Manager Alan Tandy reported that the monument signs are not moveable, so if another location for
the north sign was to be considered, it would have to be rebuilt. The most appropriate site for relocating
the north sign would be at the future interchange at ih Standard Road and State Route 99.
Councilmember Benham recommended that the City not wait several years for consideration of a possible
location at the interchange at 7th Standard Road before making a decision on refacing the current sign.
She also indicated that more information was needed regarding funding from private sources. Ms. Moreno
was asked to bring forward an in-depth indication about funding participation from Vision 2020 and the
private sector.
Councilmember Sullivan indicated that the squiggle is recognizable to the community and that she would
like to explore the possibility of both logos being used.
Councilmember Benham recommended the Committee take the following steps at the next meeting:
. Motion to recommend to the Council that the City adopt the new Bakersfield logo with the leaf,
accompanied by staff reports on how it could be phased in over time;
. Discuss the Committee recommendation regarding use of the tagline, "Life As It Should Be", when
appropriate;
. The monument signs would be a separate concept for review, with key issues being the location,
cost participation from the private sector, and design.
At the December 7, 2007 Community Services Committee meeting, staff presented several options for site
improvements at the current locations for the existing entrance monument signs and options for changing
the graphics on the face of the signs.
Debbie Moreno, representing Vision 2020, expressed that the site improvements should be financed by
the City, but Vision 2020 would be willing to do fund-raising to upgrade the signs. However, before
making a commitment to proceed, they would need to know the Council's decision on the design and the
cost to upgrade the signs. Ms. Moreno stated that Vision 2020 does not wish to participate in fund raising
for refurbishment of the signs if the current squiggle is retained in the design.
Because changing both entry signs is a significant issue of interest to the Council and the citizens of
Bakersfield, Councilmember Carson suggested it be forwarded to the Council for discussion and more
public input. Council member Sullivan expressed that she would like the Committee to consider an option
to upgrade the entry signs that would keep the current "squiggle" design. She requested staff to provide a
new updated graphic design with the "squiggle".
Council member Benham recommended that the Committee defer consideration of Vision 2020's proposal
for incorporating the proposed new logo on City letterhead and other uses. The Committee approved her
motion to forward to the Council:
1) a design option, which would consist of background graphics painted on aluminum panels
and the stylized Bakersfield with a leaf design logo mounted as illuminated channel letters
and;
2) a new graphic design using the "squiggle", per Councilmember Sullivan's request to staff.
February 23.2007, 12:30PM
P:\AdminReports&Related\Adm-2007\EntryMonumentSigns-Rev-022107 .doc
AT:RS
ADMINISlRA liVE REPORT
Summarv
City Council decisions are needed on the following:
1) Does the City Council want to invest in the landscaping / site improvements at one or both of the .
entry sign locations? Please remember that the north sign is, effectively, temporary, and that it will
likely be rebuilt at a location in the vicinity of the 7th Standard Road and State Route Highway 99 in
approximately 3 years.
Site ImDrovements
South Monument Sign:
1 . Add two very high wattage lights for daytime
illumination to bring attention to the sign
2. Add additional landscaping behind sign to provide additional
"framing of sign" and to screen the back side of the sign
Sub-Total for South Sign:
North Monument Sign:
1. Add two very high wattage lights for daytime
Illumination to bring attention to the sign
2. Upgrade shrub bed
3. Installation of mature landscaping behind sign to partially block
view of existing storage facility
Sub-Total for North Sign:
Total Cost of Site Improvements
$ 1,500.00
6.000.00
$ 7,500.00
$ 1,500.00
20,000.00
40.000.00
$ 61,500.00
$ 69,000.00
Note: The north sign will be rebuilt at the 7th Standard Road and State Route Highway 99
interchange in approximately 3 years. In order to screen the storage facility in the background,
mature trees, which are very expensive, would have to be planted to have the desired height and
impact. Given the high cost and the risk that the trees would not survive, staff discourages the
planting of mature landscaping at the north location.
Staff recommends that the costs for the site improvements at both locations be provided from the
Council Contingency Fund. The recommendation is for the $7,500.00 in expenses for the lighting
and landscaping at the south sign and the $1,500.00 for the lighting at the north sign. The $20,000
for the temporary shrubbery and $40,000.00 for mature landscaping at the north sign can be added
from this source if the Council so desires.
February 23, 2007. 12:30PM
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AT:RS
ADMINISTRATIVE REPORT
2) Does the City Council wish to change the two monument entry signs?
If so, two proposed options from the members of the Community Services Committee are as
follows:
Sian Face Options
Please note that the following cost estimates are preliminary, as they were developed under
a very compressed time frame.
Options 1 a. and 1 b. have been forwarded by Councilmember Benham
Option 1 a:
Aluminum Panel Surface with Painted Background and New Logo
in Channel Letters on both signs
Option 1 b:
Aluminum Panel Surface with Painted Background and New Logo
in Painted Letters on Both Signs
$ 92,200.00
$ 52,200.00
Note: Vision 2020 representatives have indicated they will raise funds for the sign refurbishment if
Alternates 1a or 1b are selected by the Council, but the precise amount they can raise has yet to
be finalized. The type of lettering used would be dependent on the amount raised.
Options 2a. and 2b. have been forwarded by Councilmember Sullivan
Ootion 2a:
Stucco Surface with Squiggle and New Logo in Channel Letters
on both signs
$ 64,200.00
Option 2b:
Stucco Surface with Squiggle and New Logo in Flat Painted Letters
on both signs
$ 35,200.00
Note: Vision 2020 does not wish to participate in the costs for Option 2a or 2b, as those versions
incorporate the use of the squiggle. If the Council selects one of these options, staff recommends
payment of this expense from the Council Contingency Fund.
Visual descriptions to refurbish the signs under the proposed options are attached.
February 23,2007. 12:30PM
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AT:RS
ADMINISTRATIVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Reports
ITEM: 15. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
February 14, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Report on Proposed Financing Plan for the Wastewater Plant Upgra
Expansion Project.
RECOMMENDATION: Staff recommends acceptance of the Report.
BACKGROUND:
City staff has been working for many months with both a design team (Parsons) and a financing
team regarding the Wastewater Plant # 3 expansion project. The proposed project, which will
double the capacity of plant #3, also includes certain upgrades to both Plant #2 and #3 for odor
control and other needed improvements to the Sewer Enterprise.
The Budget and Finance Committee received a preliminary report on the financing plan at their
March 8, 2006 meeting, which included a comprehensive rate survey for sewer services.
This evenings report to the full City Council will include an updated rate survey along with a more
detailed plan regarding the size and structure of the impending Bond Financing.
Staff and bond consultant will provide a presentation with hand out materials.
February 14, 2007, 11:04AM
S:\AdminlAdmin Reports\sewer finance plan.doc
ADMINISlRA liVE REPORT
MEETING DATE: February 28, 2007
AGENDA SECTION: Deferred Business
ITEM: 16a
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
February 23, 2007
SUBJECT: South Mill Creek Plaza Maya Cinema Complex
1) Amendment No.2, to Agreement No. 04-002 with D.W. Sivers Company and Maya
Cinemas North America, Inc. to extend the completion date for the construction of the
project to December 31, 2008.
2) Amendment No.2 to Agreement No. 04-003 with and D.W. Sivers Company and Maya
Cinemas North America, Inc. to extend the Joint Use Parking Agreement. (Ward 2)
RECOMMENDATION:
Staff recommends approval subject to development performance.
BACKGROUND:
This project originated in early April 2000, under significantly different circumstances. The original plan
called for the development of a cinema, a community sports facility, 220 units of senior citizen housing, an
athletic club, sports bar and 65,000 sq. ft. of retail and restaurants. The plan also called for the City to
develop a new multipurpose stadium. An extraordinary effort was placed on public participation
throughout the early stages of the project planning. The developers and staff participated in Ad-Hoc
Committee meetings, Redevelopment Agency Public Hearings. The Redevelopment Agency established
a Financial Oversight Committee and an Architectural Review Committee to review the designs and
finances of the developer. The development plans were also presented to a variety of community groups
throughout the City. In early 2001, the 180 unit senior housing component was reassigned by the
developer to another development firm. The new development firm secured Low Income Housing Tax
Credits for the financing and the senior housing project was completed in late 2004.
On March 28, 2001, the City Council and Redevelopment Agency conducted a joint special meeting for
approval of a Disposition and Development Agreement for the City Center Project. The terms of the
negotiations with Ray P. Olmscheid and others ('the Developer") were memorialized in a Disposition and
Development Agreement ("the DDA") at that meeting.
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ADMINISTRATIVE REPORT Page 2
The City Council later approved a Joint Use Parking Agreement and a Contract to Sell Real Property
Agreement on January 14, 2004 to facilitate the redevelopment project and increase the attractivenr to
potential lenders for financing. Both agreements were subsequently amended on May 26, 2004 bas\:.._ on
prospective lender requirements and to allow the City Manager authority to grant extensions if needed for
project construction completion from December 31, 2005 to December 31, 2006.
The theater industry on a national basis went into financial restructuring with many smaller facilities filing
bankruptcy. Unfortunately, there was no commercial financing available to develop movie theaters across
the country for a period of about four years. This situation has recently changed for the positive and is
evidenced with many new megaplex theaters under development in California and nationally.
The developers, with significant personal investment in the project did not abandon their commitment to
complete a downtown entertainment project. The scope of the project has been reduced to include the
sixteen screen theater and about 23,000 square feet of retail and commercial space. Recently, the
developer secured a commitment letter for a mini-permanent loan from United Commercial Bank (UCB) for
about 70% of the estimated development costs and the loan will be carried through the project rent up
time until stabilization. The investment group which includes Mr. Dennis Sivers as the primary investor has
agreed to contribute any additional capital requirements to complete the development plan. The project
development is expected to cost about $32 million.
Successful redevelopment of this area with this proposed use will have several significant impacts to the
City, Redevelopment Agency and community. Several positive factors to note include:
. The market. study prepared for the theater operations indicates a serious shortage of cinema
screens for the city and this project will add an additional 16 state of the art theaters in the
downtown area. In addition, over $1 million in annual ticket sales is expected.
. The Theater development will generate annual tax increment of approximately $208,000 to the
Southeast Redevelopment Project Area when completed.
. The Theater development will create 60 full time permanent jobs in the Southeast Redevelopment
Project Area. Most will be filled from residents of the Southeast and East Bakersfield areas. Many
of the jobs will be available for youths. Currently, the operator of the theater has a program in the
Salinas Theater to financially reWard youth employees for their educational accomplishments.
. The Theater development will be a large destination anchor and a community amenity within the
entertainment complex, spurring additional development of the area, especially assisting in the
development of South Mill Creek Village and Mill Creek.
. The design and integration of various retail types, entertainment and sports facilities along with
multiple kiosks will create a synergistic and vibrant environment to compliment the existing
Bakersfield Ice Sports and McMurtrey Aquatic Center generating increased attendance at these
venues as well.
. The Developer has significant investment in land acquisition, demolition of structures and
relocation of The Assistance League. The site is properly zoned and the project is ready to
commence.
. The primary investor has significant financial capacity and has agreed to contribute any additional
capital requirements to complete the development plan
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ADMINISTRATIVE REPORT
Page 3
THE PROJECT DESCRIPTION:
The proposed project will be a 61,000 sq. ft. state of the art 16 screen multiplex cinema featuring 23,000
sq. ft. of entertainment related retail and restaurant space. The project will be located on the north side of
Califomia Avenue between "N" Street and "p"rQ" Street just south of the Rabobank Arena Theater and
Convention Center in the Southeast Redevelopment Project Area. The development will cost
approximately $32 million and will take 24 months to construct and stabilize. An updated joint use parking
study has been completed, indicating sufficient parking for the planned use, development financing has
been secured and required private equity committed. This Amendment No. 2 to Agreement No. 04-002
before you is a request that the City Council extend the construction completion date of the project to
December 31,2008.
The project is envisioned as a self-sustaining master planned mixed-use development that includes a
"main street" which will be anchored by the multiplex cinema. The main street will feature a pedestrian
friendly boulevard. that will have gathering places, water features, overhangs and major landscaping. The
cinema and its 50' high marquee will swerve as the projects primary landmark. The streetscape will
include retail and restaurants. The design and integration of various retail types, entertainment and sports
facility along with multiple kiosks will create a synergistic and vibrant environment to complement the
downtown area. The proposed project will be a major factor in reducing blight and will provide the
Southeast Redevelopment Project Area with another anchor along the Califomia Avenue corridor. There
Is minimal retail and restaurant competition for the development in the Immediate area, and it will draw
people from other areas of the city, create additional jobs, and become the catalyst for additional
development.
'The developer has recently completed a 14 screen theater project of similar nature in Salinas Califomia
Staff contacted the Salinas Redevelopment Director and inquired whether the project met the City's
expectations and if it would be considered a success for their downtown. Salinas city officials indicated
that the project was a key redevelopment project and had proved to be an economic development
generator for the area, spurring the investment of several new restaurants in the near vicinity. They were
also pleased that the theater served multi uses including graduation ceremonies and receptions. The
RDA Director credits the completion of the project to Mr. Olmscheid's ability to "pull the project together,"
and spOke very positively regarding Mr. Olmscheid's thorough understanding of what it takes to complete
such a project. The project took three years to complete from start to finish.
An updated joint use parking study has been completed, development financing has been secured and
private equity committed. The Amendment No.2 to Agreement No. 04-003 for the Joint Use Parking
Agreement before you is to request that the City Council extend the term to commence upon Sivers'
receipt of a certificate of occupancy from the City of Bakersfield's building department allowing occupancy
of the movie theater to be constructed on Sivers' property and shall be effective for twenty (20) years with
two (2) five year options for renewal.
The City Manager and Staff will work closely with the developer to assure the development timeline is
followed. Staff recommends approval of the amendment to extend the completion date for the
construction of the project to December 31, 2008 and for authorization for the City Manager to cancel the
agreement for non-performance if necessary or make minor modifications to the agreements as deemed
necessary to facilitate completion of the development schedule and the project.
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2/23/20019:51 AM
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 7,2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Hanson, Sullivan
(seated at 5:17 p.m.), Scrivner
Absent:
Vice-Mayor Hanson
2. PUBLIC STATEMENTS
None.
3. CONSENT CALENDAR
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.
ASS WEIR
3.
Bakersfield, California, February 7,2007 - Page 2
CONSENT CALENDAR
ACTION TAKEN
Ordinances:
c.
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.
ORD 4407
ASS WEIR
d.
Adoption of Ordinance amending Title 17 of the
Municipal Code and Zone Map NO.1 03-25 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)
ORD 4408
Resolutions:
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.
RES 012-07
f.
RES 013-07
g.
RES 014-07
Bakersfield, California, February 7,2007 - Page 3
3. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution opposing the list of projects RES 015-07
recommended by the State Department of
Transportation for the 2006 SR 99 Bond Program.
i. Resolution approving application proposing RES 016-07
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.
j. Resolution adding territory, Area 4-67 RES 017-07
(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.
k. Resolution adding territory, Area 1-67 RES 018-07
(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.
I. Resolution of Intention No. 1500 to order the RO/1500
vacation of the alley in Block 7 of Alta Vista Tract,
south of Bernard Street and west of Inyo Street.
m. Resolution of Intention No. 1501 to add territory, RO/1501
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, RO/1502
n.
Area 3-62 (Mountain Vista/Berkshire NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
o. Resolution of Intention No. 1503 to add territory, RO/1503
Area 4-68 (Panorama/Rivani NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
3.
Bakersfield, California, February 7,2007 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
p.
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.
RO/1508
RO/1504
q.
RO/1505
r.
RO/1506
s.
RO/1507
t.
Agreements:
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.
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.
AGR 07-032
AGR 07-033
AGR 07-030
AGR 07-031
2.
v.
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.
AGR 07-034
w.
AGR 07-035
Bakersfield, California, February 7,2007 - Page 5
3. CONSENT CALENDAR continued ACTION TAKEN
x. Environmental Impact Report Processing:
1. Agreement with Land Consulting Services, AGR 07-036
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.
y. Agreement with KSA Partners (not to exceed REMOVED FOR
$850,000) for HOME Investment Partnership SEPARA TE
(HOME) funds to develop 72 affordable family CONSIDERA TION
apartments at 1601 Lotus Lane.
z. Assignment of Regional Surface Transportation
Program (RSTP) funds:
1. Agreement with City of McFarland (payment AGR 07-038
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.
aa. Management Agreements:
1.
Agreement with SMG for managing and
booking services at Bright House Networks
Amphitheatre.
Amendment No. 1 to Agreement No. 03-098
with SMG regarding management of
Convention Center, Arena and Ice Rink.
AGR 07-039
AGR 03-098(1)
2.
Bakersfield, California, February 7,2007 - Page 6
3. CONSENT CALENDAR continued ACTION TAKEN
bb. Amendment No. 1 to Agreement No. 05-285 with AGR 05-285(1)
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 AGR 04-053(1)
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.
Bids:
dd. Accept bid to award contract to A. C. Electric AGR 07-040
($113,847) for traffic signal lighting installation
on Panama Lane at Buena Vista Road.
ee. Traffic signal and lighting system installation on
Allen Road at Palm Avenue:
1. Accept bid and award contract to A-C AGR 07-041
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.
Motion by Councilmember Couch to approve Consent
Calendar items 3.a. through 3.ff., with the removal
of items 3.y. for separate consideration.
APPROVED
AS HANSON
y.
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.
AGR 07-037
Motion by Councilmember Carson to approve item 3.y.
APPROVED
AS HANSON
Bakersfield, California, February 7,2007 - Page 7
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).
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).
REMOVED FOR
SEPARA TE
CONSIDERA TION
ACTION TAKEN
REMOVED FOR
SEPARA TE
CONSIDERA TION
b.
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.
CONSENT CALENDAR HEARINGS continued
c. 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.
4.
Bakersfield, California, February 7,2007 - Page 8
ACTION TAKEN
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.
RES 019-07
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.
FR
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.
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.
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.
RES 020-07
2.
FR
Bakersfield, California, February 7,2007 - Page 9
4.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
e. 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.
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.
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.
f. 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.
1.
RES 021-07
2.
FR
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPA/ZC No. 06-0961.
RES 022-07
Bakersfield, California, February 7,2007 - Page 10
ACTION TAKEN
4.
CONSENT CALENDAR HEARINGS continued
Item 4.1. continued
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).
First Reading of Ordinance amending Title
17 of the Municipal Code and amending
Zone Map NO.1 04-21 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.
RES 023-07
3.
FR
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.
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.
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.
RES 024-07
2.
FR
Bakersfield, California, February 7,2007 - Page 11
ACTION TAKEN
4.
CONSENT CALENDAR HEARINGS continued
h. 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.
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.1 04-32 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.
FR
i. 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.
j.
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.
RES 025-07
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.
FR
2.
REMOVED FOR
SEPARTA TE
CONSIDERA TIOH
Bakersfield, California, February 7,2007 - Page 12
4.
CONSENT CALENDAR HEARINGS continued
Item 4.j. continued
ACTION TAKEN
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.
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.
I.
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.
RES 026-07
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.
FR
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.
CONTINUED TO
NEXT GPA CYCLE
Bakersfield, California, February 7,2007 - Page 13
4.
CONSENT CALENDAR HEARINGS continued
Item 4.1. continued
ACTION TAKEN
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.
m. General Plan Amendment/Zone 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.
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.
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.
RES 027-07
2.
FR
City Clerk McCarthy announced correspondence
as received from the California Department of
Conservation, RBF Consulting and Guimarra
Vineyards regarding item 4.f. and from Banducci
Land regarding continuance of item 4.1. and the
waiver of the time limits of such continuance.
Bakersfield, California, February 7,2007 - Page 14
4.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
Consent Calendar Hearings opened at 5:23 p.m.
Gordon Nipp, on behalf of the Sierra Club,
requested items 4.a. and 4.j. be removed for
separate consideration.
Mayor Hall announced the removal of item 4.a.
for separate consideration would precipitate the
same action for item 4.b.
Motion by Councilmember Couch to approve items 4.c.
through 4.i. and items 4.k. through 4.m., with items 4.a.,
4.b. and 4.j. removed for separate consideration.
APPROVED
AS HANSON
5. 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 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)
Motion by Councilmember Couch to adjourn the
meeting to Closed Session at 5:25 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 7:25 p.m.
APPROVED
AS HANSON
APPROVED
AS HANSON,
WEIR
RECONVENED MEETING - 7:29 p.m.
6. ROLL CALL
Present:
Mayor Hall, Council members Carson,
Benham, Weir, Couch, Sullivan, Scrivner
Absent:
Vice-Mayor Hanson
Bakersfield, California, February 7,2007 - Page 15
ACTION TAKEN
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.
City Manager Tandy introduced the new Assistant
City Manger, Christine Butterfield.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Kimberly McGee, President of Kiwanis of
Bakersfield, 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
a.
A TTORNEY GIVEN
DIRECTION
b.
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.
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)
A TTORNEY GIVEN
DIRECTION
ASS WEIR
AS HANSON
Mayor Hall announced Councilmember Wier
excused himself from Closed Session due to a
conflict of interest on item 10.b.
Regarding item 5.a., City Attorney Gennaro
announced the City Council, with Vice-Mayor Hanson
absent, authorized the City Attorney to settle the claim
of Caden Waskom in an amount not to exceed $85,000.
Bakersfield, California, February 7,2007 - Page 16
10.
CLOSED SESSION ACTION continued
ACTION TAKEN
Regarding item 5.c. City Attorney Gennaro announced
the City Council, with Vice-Mayor Hanson absent, gave
direction to the City Manager as well as the City
Attorney, and unanimously adopted a policy statement
that Councilmember Couch, as Chairman of the Water
Board will read.
Councilmember Couch: "This is a statement of
position of the Bakersfield City Council concerning
contested water issues, and it is dated today, February
7, 2007. The City of Bakersfield and North Kern Water
Storage District have a dispute over water rights
emanating from a 1952 agreement. As a related issue,
the City of Shaffer has initiated urbanization of a part of
the North Kern area relying upon North Kern's version
of who owns the water rights. In an attempt to resolve
the dispute, at Bakersfield's request, the parties agreed
to go to non-binding mediation over the issue of
the differing legal opinions about the water rights.
Bakersfield prevailed on all issues in that mediation,
most importantly that water used for irrigation is
equated as an agricultural use, and that underground
water retains its character as agricultural use. The
long term value of the issue in question could be
identified for discussion purposes at $3,000,000 plus or
minus, or an annual value conversion of the total
quantity of water involved is $160,000 plus or minus
acre feet per year. The portion proposed for use in the
Shaffer development is 12,000 acre feet per year. The
City of Bakersfield's position is as follows:
. First, Bakersfield will not object to a water plan by
Shaffer which is based on a new legitimate water
supply source that does not include a real or actual use
of the contested water. The verification approved by
Shaffer just yesterday, February ft', however does not
meet that test.
. Second, Bakersfield remains willing to enter into good-
faith negotiations with North Kern on an amendment to
the 1952 agreement which would allow for sale of the
contested water for urban use. If successfully
negotiated that would resolve the Shaffer issue. We
will work diligently to that end if North Kern and Shaffer
so desire.
Bakersfield, California, February 7,2007 - Page 17
10.
CLOSED SESSION ACTION continued
ACTION TAKEN
. Third, Bakersfield must protect the interest of our
taxpayers, so we cannot approve, or allow to be
approved, a water verification plan for Shaffer which
would result in a real or actual use of the contested
water, which is precisely what the approved verification
does.
. Fourth, intervention by Shaffer into Bakersfield's
developments, which are in no way related to the water
supply issue for Shaffer's proposed development, will
not cause the Bakersfield to concede on the water
issue. It will instead only result in long-term litigation
that will stall quality developments in the City of
Shaffer and the City of Bakersfield for many years,. and
only serves to damage innocent third parties.
. Lastly, Bakersfield prefers a conciliatory and business-
like resolution to all issues which does not involve
litigation. We will continue to work toward that goal.
We invite the City of Shaffer to join us in that effort. We
believe that working together we can accomplish a
positive result for all parties involved. Given the
importance of water to California cities and its value,
however, the ownership of our Kern River water rights
must be defended, particularly in light of the recent
California Supreme Court case of Vineyard Area
Citizens for Responsible Growth versus the City of
Rancho Cordova."
11. PUBLIC STATEMENTS
a. Roy Malohowski, Greater Bakersfield Legal
Assistance, Jacqueline Mears, Eric Martin,
Angelica Chappen and Roxanne Culp spoke
regarding traffic control near the Bakersfield
Homeless Center.
Councilmember Benham announced there will be
a meeting regarding traffic control near the
Bakersfield Homeless Center on Thursday,
February 15th at 1 :00 p.m., at the Homeless Center.
12. HEARINGS
a. 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.
Bakersfield, California, February 7,2007 - Page 18
12.
HEARINGS continued
Item 12.8. continued
ACTION TAKEN
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.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No.
101-23 from County A (Agriculture) to E
(Estate) on 11.54 acres and R-1-CH (One
Family Dwelling/Church) on 8.46 acres.
RES 028-07
2.
FR
Development Services Director Grady made staff
comments.
Hearing opened at 7:59 p.m.
Robert Lehtinen spoke in opposition to the staff
recommendation.
Darrell Whitten, Cornerstone Engineering, spoke in
support of the staff recommendation.
Robert Lehtinen spoke in rebuttal opposition to the
staff recommendation.
Darrell Whitten, Cornerstone Engineering, spoke in
rebuttal support to the staff recommendation.
Motion by Councilmember Couch to adopt the
Resolution and give first reading to the Ordinance.
APPROVED
AS HANSON
b.
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.
CONTINUED TO
2-28-07
Bakersfield, California, February 7,2007 - Page 19
12.
HEARINGS continued
Item 12.b. continued
ACTION TAKEN
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.
City Clerk McCarthy announced correspondence
was received from Gordon Nipp, on behalf of the
Sierra Club, regarding this item.
Development Services Director Grady made staff
comments.
Hearing opened at 8:19 p.m.
Gordon Nipp, Sierra Club, spoke in opposition to the
project.
Roger Mcintosh, Mcintosh and Associates, spoke in
favor of the staff recommendation to continue the
issue to the March 28, 2007 Council meeting.
Hearing closed at 8:25 p.m.
Motion by Councilmember Couch to continue the
matter to the March 28, 2007 Council meeting.
APPROVED
AS HANSON
c.
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.
CONTINUED TO
2-28-07
Bakersfield, California, February 7,2007 - Page 20
12.
HEARINGS continued
Item 12.c. continued
ACTION TAKEN
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.
Bakersfield, California, February 7,2007 - Page 21
12.
HEARINGS continued
Item 12.c. continued
ACTION TAKEN
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.
City Clerk McCarthy announce correspondence was
received from staff regarding the Development
Agreement portion of this item and also changing
the title of item 12.c.5., as well as the staff
recommendation. Additionally correspondence was
received from the City of Shafter regarding the item.
Development Services Director Grady made staff
comments.
Gordon Nipp, Sierra Club, spoke in opposition to the
conversion of farm land to urban uses.
Lynn Caruthers, Klein DeNatalie Goldner, on behalf
of Foothill Energy, Kevin Armonde, General
Manager of Kern Security Systems, Michelle Mize
spoke in favor of the project. Bruce Freeman,
President of Castle & Cooke California, spoke in
favor of the project and submitted written material.
Hearing closed at 8:52 p.m.
Motion by Councilmember Sullivan to continue the
item to February 28, 2007 Council meeting.
APPROVED
AS HANSON
4.
Bakersfield, California, February 7,2007 - Page 22
CONSENT CALENDAR HEARINGS
ACTION TAKEN
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).
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.
CONTINUED TO
2-28-07
City Clerk McCarthy announced this item is
connected to item 4.b., and Development Services
Director Grady would provide further explanation.
Development Services Director Grady and
City Manager Tandy made staff comments.
Hearing opened at 8:59 p.m.
Gordon Nipp spoke in opposition to the staff
recommendation.
Kristin Hagen, Kronick, Moskovitz, Tiedemann and
Gerard, on behalf of Mel Heinemann, and Jim
Marino, consultant for Mr. Heinemann spoke in favor
of the project.
Gordon Nipp spoke in rebuttal opposition to the staff
recommendation.
Bakersfield, California, February 7,2007 - Page 23
4.
CONSENT CALENDAR HEARINGS continued
Item 4.8. continued
ACTION TAKEN
Kristin Hagen, Kronick, Moskovitz Tiedemann and
Gerard, on behalf of Mel Heinemann, and Jim
Marino, consultant for Mr. Heinemann spoke in
rebuttal support of the staff recommendation.
Hearing closed at 9:10 p.m.
Motion by Councilmember Carson to continue items
4.a. and 4.b. to the February 28, 2007 Council meeting.
b. 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).
APPROVED
AS HANSON
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.
Item continued to the February 28, 2007 Council
meeting by motion regarding Consent Calendar
Hearing 4.a.
j.
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.
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.
RES 029-07
Bakersfield, California, February 7,2007 - Page 24
4.
CONSENT CALENDAR HEARINGS continued
Item 4.j. continued
ACTION TAKEN
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.
FR
Development Services Director made staff
comments and noted corrections to condition
number twenty-two regarding agricultural mitigation.
Hearing opened at 9:15 p.m.
Gordon Nipp, Sierra Club, spoke in opposition to the
staff recommendation.
Robert Lusich, on behalf of the applicant, Old River
Road, LLC, spoke is support of the staff
recommendation and submitted written material.
Gordon Nipp, Sierra Club, spoke in rebuttal
opposition to the staff recommendation.
Hearing closed at 9:39 p.m.
Motion by Councilmember Couch to approve the
Resolution and give first reading to the Ordinance
including corrections to condition number twenty-two.
APPROVED
AS HANSON
13. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff respond to
citizen's inquiry regarding posting of "No Smoking"
signs in City parks.
Councilmember Benham requested staff respond to a
citizen's concerns regarding possible failure of the
Lake Isabella Dam and the feasibility of implementing a
siren warning system.
Councilmember Benham requested Recreation and
Parks staff explore grant opportunities for the
Bakersfield Foundation.
Councilmember Benham requested Public Works staff
analyze the need for street lights in the 300 block of
Monterey Street and contact her regarding the issue.
Bakersfield, California, February 7,2007 - Page 25
13.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Benham requested Solid Waste staff
assist in preparing a response to a citizen's
suggestions regarding recycling of the sort conducted
in Ventura.
Councilmember Benham requested the Planning and
Development Committee address a citizen's request
regarding designated motorcycle parking.
Councilmember Benham reiterated she would be having a
meeting with residents of the Homeless Center on
Thursday, February 15th at 1 :00 p.m., at the Homeless
Center. Additionally she will meet with residents of the 21 st
Street area in the Public Works Conference Room on
Tuesday, February 13th at 3:30 p.m.
Councilmember Couch requested the Legislation and
Litigation Committee review the status of the RFP for
claims administration and bill review.
Councilmember Couch requested future Certificates of
Recognition from the Council have more
embellishment.
Councilmember Couch requested the Planning and
Development Committee review the
possibilityHeasibility of placing restrictions or
constraints on home additions.
Councilmember Couch requested the City Attorney
take appropriate action relating to a letter from the City
of Newport Beach regarding the density of group
homes.
Councilmember Carson requested staff respond to a
sewer problem at 1510 Antonia Way.
Councilmember Carson requested Public Works furnish
information regarding the completion of the sewer project
near East Brundage. Public Works Director Rojas
responded.
Councilmember Sullivan requested staff explore
incentives that would encourage citizens to participate
in the blue can recycling program.
Councilmember Scrivner requested the Budget and
Finance Committee review the recycling program.
Bakersfield, California, February 7,2007 - Page 26
13.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Scrivner requested the Safe
Neighborhoods Committee explore utilizing the
services of a company that tracks tag lines.
Councilmember Scrivner requested the Legislation and
Litigation Committee consider modifications to the
Fireworks Ordinance.
Councilmember Scrivner requested staff make a
presentation to the Planning and Development
Committee regarding policy and plans for agricultural
long-term developments including the West Ming area.
Councilmember Scrivner requested the Planning and
Development Committee host developers interested in
developing County parcel number 14717003, to hear
concerns relating to sewer connection issues.
14 . ADJOURNMENT
Mayor Hall adjourned the meeting at 9:53 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield