HomeMy WebLinkAbout05/11/05_CC_AGENDA_PACKET(45 min)
BAKERSFIELD CITY COUNCIL
AGENDA
MAY 11, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m.
REGULAR MEETING- 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting)
3. WORKSHOP
a. Presentation of the Proposed FY 2005-06 Budget. (Staffpmsentation by Alan Tandy, City Manager)
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential Initiation of Litigation; Closed Session pursuant
to subdivision (c) of Government Code Section 54956.9 (One case).
RECONVENED MEETING - 6:30 p.m.
6.
7.
8.
9.
10.
11.
12.
ROLL CALL
INVOCATION by Pastor Randy Elliott, Central Church.
PLEDGE OF ALLEGIANCE by Rocky Morea, 8th Grade Student at Tevis Junior High School.
CLOSED SESSION ACTION
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Fred Drew, Executive Director, Community
Action Partnership of Kern, proclaiming May, 2005, as Community Action Partnership of
Kern Month.
b. Presentation by Mayor Hall of Proclamation to Raul Rojas, City Public Works Director,
proclaiming May 15 through 21,2005, as "National Public Works Week".
c. Presentation by Mayor Hall of Proclamation to Nona Tolentino, Director, Kern County Long
Term Care Ombudsman Program, proclaiming May 11, 2005, as "Older Americans Day".
PUBLIC STATEMENTS
APPOINTMENTS
a. One (1) appointment to the Historic Preservation Commission, due to the expiration of term
of Ann Sullivan, term expired March 30, 2005.
Staff recommends Council determination.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 27, 2005 Regular Council Meeting.
12.
(Ward 3)
0Nard 4)
(Ward 7)
0Nard 5)
0Nard 1,4,6,7)
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from April 15, 2005 to April 28, 2005 in the amount of
$7,442,228~93 and self insurance payments from April 15, 2005 to April 28, 2005 in the
amount of $113,247.00.
Ordinances:
Adoption of Ordinance upholding the decision of the Planning Commission, denying the
appeal by the Sierra Club, adopting the Negative Declaration and amending Title 17 of the
Municipal Code (Zone Map No. 104-08) by changing the zoning from A (Agriculture) and
R-S 2.5A (Rural Suburban - 2.5 acre) to R-1 (One Family Dwelling) on 120_+ acres
generally located north of Paladino Drive, east of Valley Lane. (ZC04-1712) (FR 04/27/05)
Resolutions:
Resolution preliminarily approving Engineer's Report, setting date for public hearing of
protests for Assessment District No. 04-2 (Brighton Parks/Brighton Village/Stockdale at
Allen Commercial/Cherry Hill II).
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 Victor G. and Marcia K. Swedblom, 4924 Centaur Street, to pay
sewer connection fee in installments and notice of special assessment lien.
Resolution authorizing the execution of a standard agreement or other documents to secure
a Fair Housing Education and Outreach Initiative grant from the U. S. Department of
Housing and Urban Development.
Resolution for Annexation application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 493, consisting of approximately 2.5 square
miles located west of Allen Road, south of the Kern River and north of the Southern Pacific
Railroad tracks (known as West Ming Development Area).
Resolution adopting the 2004-2025 Regional Transportation Facilities List and Fee
Schedule.
Agreements:
i. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with ADH Corporation for Tract 6232
Phase 2 located south of State Route 58 and east of Oswell Street.
2. Final Map and Improvement Agreements with J & L Gardiner, LLC, and Bradford &
Sons Construction, Inc for Tract 6234 Phases 2 and 5 located south of Reina Road
and west of Old Farm Road.
3. Final Map and Improvement Agreements with Bakersfield Chardonnay, L.P. for
Tract 6170 Phase 1 located south of Ryzona Drive and west of Stine Road.
4. Final Map and Improvement Agreements with Panama 144 1, LLC, and Village
Contractors, Inc for Tract 6006 Phase 4 located north of McKee Road and east of
Hughes Lane.
2
12.
0Nard 1 )
0Nard 2)
(Ward 6)
(Ward 4)
(Ward 4)
(Ward 4)
(ward 2)
(ward 1,2,3)
0Nard 3)
0Nard 1,2)
CONSENT CALENDAR continued
Consent to Common Use Agreement with Pacific Bell Telephone Company for an
easement within Oswell Street.
Agreement with County of Kern allowing the County to raise City sewer manhole frame and
covers to street grade as part of their road construction project on Oswell Street and Mt.
Vernon Avenue.
Transportation Impact Fee Agreement with Stonecreek Partners, Inc. (Estimated Impact
Fee Credit - $70,308.00)for Tract 6227 located on Stine Road near the intersection of
McKee Road.
Reimbursement Agreement with C & C Properties, Inc., ($95,790.00) for reconstruction of a
portion of Coffee Road north of Meany Avenue.
Agreement with Castle & Cooke California, Inc. ($4,050,000.00) to purchase real property
located east of Allen Road for the Westside Parkway.
Exchange of real property with Rosedale Rio Bravo Water Storage District for the Westside
Parkway located east and west of Allen Road, north of Stockdale Highway.
Amendment No. I to Agreement No. 02-218 with Century Building Associates, LLC for
lease space at 1600 Truxtun Avenue.
Amendment No. I to Agreement No. PW04-124 with Boyle Engineering Corporation
($60,000.00, for a total amount of $80,000.00) for preparation of documentation for
formation of interim maintenance districts.
r. Amendment No. 7 to Agreement No. 92-154 with Alan Tandy, City Manager.
Bids:
Accept base bid ($1,224,302.80), additive alternate #1 ($198,434.20) and additive alternate
#2 ($200,125.90) to award contract to Granite Construction ($1,622,862.90) for resurfacing
of various streets 2004/05.
Accept bid to award contract to Granite Construction ($230,537.00) for Panorama Drive
street improvements.
Accept base bid ($81,948.35) and additive alternate bid ($20,391.00) to award contract to
Valley Tree & Construction ($102,339.35) for demolition of Saunders and Beale Pools.
Accept bid to award annual contract to Alon Asphalt Bakersfield (not to exceed
$450,000.00) to furnish asphalt rejuvenator sealant for various City streets.
Miscellaneous:
Transfer and appropriate $150,000.00 General Fund non-departmental operating budget
savings to the Equipment Management Fund to purchase graffiti truck.
x. Review of Hillside Development Ordinance.
Staff recommends adoption of Consent Calendar items a through x.
13.
(Ward 4)
0Nard 3)
ONard 5)
0Nard 3)
t4.
0Nard 5)
CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change No. 04-1550; Mclntosh and Associates, on behalf
of Castle and Cooke California, has proposed a general plan amendment and zone change
to delete a previous condition of approval that required an equestrian trail between Allen
Road and the Kern River along Goose Lake Slough. (Staff recommends adoption of
resolution and first reading of ordinance.)
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment deleting the condition of approval requiring and equestrian trail.
2. First Reading of Ordinance approving the Notice of Exemption and amending Title
17 of the Municipal Code deleting a condition of approval which required an
equestrian trail.
General Plan Amendment 04-1738; Signal Hill Petroleum, Inc. has applied for a general
plan amendment on 29.5 acres located along the south side of Paladino Drive
approximately ¼ mile west of Morning Drive. (Staff recommends adoption of resolution.)
Resolution approving the Negative Declaration and adopting the general plan
amendment to change the land use designation from HMR (High Medium Density
Residential) to LMR (Low Medium Density Residential).
General Plan Amendment/Zone Change No. 04-1745; Cornerstone Engineering, on behalf
of Myma Parks, has proposed a general plan amendment and zone change on 30 acres
located along the north side of Pensinger Road approximately 1,980 feet west of Buena
Vista Road and approximately 1,980 feet east of Allen Road (extended). (Staff
recommends adoption of resolution and first reading of ordinance.)
Resolution approving the Negative Declaration and adopting the general plan
amendment to change the land use designations from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential).
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 122-24 from A-20A (Agriculture-20
acre minimum) to LR (Low Density Residential).
General Plan Amendment 04-1747; Jerry Hendrecks Engineer, representing Aera Energy
LLC, property owner, has applied for a general plan amendment on 15 acres, located south
of Paladino Drive, generally east of Morning Drive. (Staff recommends adoption of
resolution.)
Resolution approving the Negative Declaration and adopting the general plan
amendment to change the land use designation from GC (General Commercial) to
LR (Low Density Residential).
HEARINGS
Continued Public Hearing to consider resolution denying the appeal by the Sierra Club of
the Planning Commission's decision approving Vesting Tentative Tract 6363 and the
Negative Declaration, located on the north side of Harris Road, approximately ¼ mile east
of Old River Road. (Engineer: SmithTech USA Inc/Subdivider: Lennar Homes)
Staff recommends adoption of resolution upholding the Planning Commission decision and deny
the appeal.
4
14.
(Ward 3)
15.
16.
HEARINGS continued
General Plan Amendment/Zone Change No. 03-340; Dr. Gordon Nipp, on behalf of the
Sierra Club, has appealed the Planning Commission's decision to adopt the Negative
Declaration for proposed general plan amendment and zone change on 70 acres located
on the east side of Kern Canyon Road at Vineland Drive (extended). (Applicant: Pinnacle
Engineering, on behalf of CRT Land Company, Inc.)
Resolution approving the Negative Declaration and adopting the general plan
amendment to change the land use element on 70 acres from OS (Open Space),
LMR (Low Medium Density Residential), GC (General Commercial) and R-EA
(Resource-Extensive Agriculture) to LR (Low Density Residential).
First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 104-20 from RH (Residential
Reserve) to R-1 (One Family Dwelling).
Staff recommends adoption of resolution, give first reading to ordinance and deny the appeal
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectively submitted,
/5',
Alan Tandy
City Manager
pi
05~04~05 8:15am
AGENDA HIGHLIGHTS
MAY 11, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
WORKSHOP
City Manager, Alan Tandy will present the Proposed FY 2005-06 Budget.
CLOSED SESSION
There will be a conference with legal counsel regarding an item of potential litigation.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
APPOINTMENTS
There will be one appointment to the Historic Preservation Commission.
CONSENT CALENDAR
Resolutions
Item 12h. Resolution Adoptinq the 2004-05 Reqional Transportation Facilities List and Fee Schedule.
The Regional Transportation Facilities List includes those projects in the Metropolitan Bakersfield
2010 Plan area which are included in the adopted Capital Improvement Plan. This document contains
some revisions to the List, which are the result of the City's very rapid development recently, and the
change in the expected development pattern. Additionally, some projects have been requested by
various developers to be added to the List. These projects are more regional than local in nature and
the additional cost of these projects is offset by savings in other projects. A summary sheet showing
the changes is attached to the administrative report. Since there were offsetting cost savings in other
projects, the total dollar amount of the Facilities List does not change and there is no change in the
amount of the fee, except for the cost of living increase. The last time the costs were updated was in
2000, So the Construction Cost Index from 2000 to 2004 was applied to the List and Fee Schedule
which results in a fee increase of 11.76%.
Aqreements
Items 12n and 12o. Agreements for Property Acquisition for the Westside Parkwav. The first parcel
is located east of Allen Road and consists of approximately 32 acres of single-family residentially
entitled land. The City proposes to purchase this land from Castle & Cooke California, Inc. for
$4,050,000.
The second parcel is being utilized as a recharge basin by the Rosedale Rio Bravo Water Storage
District. The District requests that the City replace the recharge capacity of the land rather than an
outright sale. A portion of the property proposed for purchase by the City from Castle & Cooke was
found to be suitable for this exchange.
Agenda Highlights
May 11,2005
Page 2
Item 12r. Amendment No. 7 to Aqreement No. 92-154 with Alan Tandy, City Manaqer. This
amendment implements changes to the City Manger's contract in accordance with the annual
evaluation conducted on ApriH3, 2005. It includes an option to convert the full amount of his
deferred compensation payments to regular salary on a dollar-for-dollar basis, which can be exercised
any time in a calendar year, but may not go further back than January 1st of the year in which the
option is exercised. If the option is exercised, the City has no further obligation to pay deferred
compensation.
Bids
Item 12s. Award Contract to Granite Construction for Resudacinq of Various Streets 2004/05 in the
amount of $1.622.862.90. Three acceptable bids were received. Staff recommends award to
Granite Construction to resurface the streets listed on the administrative report under Base Bid, and
Additive Alternates #1 and #2.
Item 12t. Award Contract to Granite Construction for Panorama Drive Street Improvements in the
amount of $230,537.00. This project consists of constructing paved shoulder / bike lane on the north
and south edges of Panorama Drive underneath the tower lines between Fairfax Road and Morning
Drive. In addition, Panorama Drive will be resudaced between Juniper Ridge Road and Morning
Drive. Funds are available in the FY 04/05 CIP budget. Three acceptable bids were received. Staff
recommends award to Granite Construction.
Item 12u. Award Contract to Valley Tree & Construction for Demolition of Saunders and Beale Pools
in the amount of $102,339.35. The agreement provides for grading and tud installation at the
Saunders Pool site and grading at the Beale Pool site. City forces will then install a new wet play area
at the Beale Pool site. Three acceptable bids were received. Staff recommends award to Valley Tree
& Construction.
Miscellaneous
Item 12x. Planninq and Development Committee Report reqardinq the Hillside Ordinance. On April
25, 2005, the Planning and Development Committee voted to recommend changes to the Ordinance
which will provide greater protection to steep slopes, slope stabilization, setbacks from bluffs and
additional application information. Staff was directed to review additional issues such as pool
setbacks from steep slopes; planting for slope stability; lot and fence setbacks from steep slopes;
standard fencing requirements; and landscaping. The draft Ordinance provides a requirement for
hearings before the Planning Commission and City Council. Notification to the public of these
changes will be published immediately, together with a notice of a hearing opportunity before the
Planning Commission.
CONSENT CALENDAR HEARINGS
Item 13a. General Plan Amendment and Zone Chanqe Reqardinq an Equestrian Trail Between Allen
Road and the Kern River alonq Goose Lake Slou(~h. Final design of the Westside Parkway and Alien
Road Interchange precludes any reasonable access for an equestrian trail, so Mclntosh and
Associates, on behalf of Castle & Cooke California, Inc., proposes to delete this condition of approval.
The County trail system still could connect to the regional Kern River trail system in the Wegis Road
area. In addition, there are plans and money available to construct a specialized parking lot for
equestrian usage at the south end of the City's 40-acre soccer park area at Stockdale Highway. Kern
Equestrians originally voiced concerns over the loss of this segment, but has since withdrawn them
following discussions with staff and the applicant, and review of the Parkway design.
Agenda Highlights
May 11,2005
Page 3
Item 13b. General Plan Amendment for 29.5 Acres Located AIonq the South Side of Paladino Drive,
Approximately r/4 Mile West of Morninq Drive. Signal Hill Petroleum, Inc. proposes a General Plan
Amendment from HMR to LMR for the purpose of constructing 80 _.+ single-family dwellings. The
Planning Commission recommended approval and no one spoke in opposition.
Item 13c. General Plan Amendment and Zone Chanqe on 30 Acres Located Alonq the North Side
of Pensinqer Road, Approximately 1,980 Feet West of Buena Vista Road and ADoroximatelv 1.980
Feet East of Allen Road. Cornerstone Engineering, on behalf of Myrna Parks proposes this
amendment for the pumhase of constructing 140 single-family dwellings. The Planning Commission
recommended approval.
Item 13d. General Plan Amendment on 15 Acres Located South of Paladino Drive, Generally East of
Morninq Drive. Jerry Hendrecks, Engineer, representing Aera Energy LLC, proposes this amendment
in order to develop single-family residential units. The Planning Commission recommended
approval.
HEARINGS
Item 14a. Continued Public Hearinq to Consider the Sierra Club's Appeal of the Planninq
Commission's Decision Approvinq Vestinq Tentative Tract 6363 on 80.19 Acres Located on the North
Side of Harris Road, Approximately ~ Mile East of Old River Road. This item was continued from the
April 27th Council meeting at the request of staff. On March 3, 2005, the Planning Commission
approved the tract containing 269 lots for purposes of single-family development, one lot for a park,
one tot for a sump and 3 lots for railroad right-of-way. The Sierra Club filed an appeal to the
Commission's decision based on their standard issues. Staff recommends upholding the decision of
the Planning Commission and denying the appeal.
Item 14b. General Plan Amendment and Zone Chanqe on 70 Acres Located on the East Side of
Kern Canyon Road at Vineland Drive (extended/. Pinnacle Engineering, on behalf of CRT Land
Company, Inc., proposes this amendment and zone change in order to consolidate several existing
General Plan designations into one land use designation to build a residential neighborhood. The
Planning Commission reworded several conditions to address issues and recommended approval.
The Sierra Club filed an appeal based on their usual issues. Staff recommends approving the
amendment and zone change.
Approved:
Alan Christensen,
Assistant City Manager
Department Heads
Rhonda Smiley, Administrator/PR
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: May 11,2005
AGENDA SECTION: WORKSHOP
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
April 27, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /,'~
Presentation of the Proposed FY 2005 - 06 Budget
RECOMMENDATION:
BACKGROUND: The City Manager's Office will provide a detailed overview of the FY 2005-06
proposed budget for the Operating, Capital Improvement and Bakersfield Redevelopment Agency
budgets.
JWS:al
April 27, 2005, 2:18PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Closed Session
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 5, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Potential Initiation of Litigation
APPROVED
Pursuant to subdivision (c) of Government Code section 54956.9 - one case
VG:do
S:\COUNCIL\CI Sess~,dmins\04-05~2005\05-11-05Initiate.doc
5/5/2005
ADMINISTRATIVE REPORT
I MEETING DATE: May 11, 2005 AGENDA SECTION: Presentations
ITEM: O~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
April 27, 2005
.j~/~ROVED
DEPARTMENT HEAD__.~]L
CITY ATTORNEY
CITY MANAGER ,',/~
Presentation by Mayor Hall of Proclamation to Mr. Fred Drew, Executive Director
Community Action Partnership of Kern, proclaiming May, 2005, as Community Action
Partnership of Kern Month.
RECOMMENDATION:
BACKGROUND:
ndw
Apd127, 2005, 3:00PM
S:\MAYOR~ADMIN\COMMUNITY ACTION PARTNERSHIP MONTH 05.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Presentations
ITEM: (~. ~0.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
April 27, 2005
DEPARTMENT HEAD
[~R~VED
CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Raul Rojas. Public Works Director, City of
Bakersfield, proclaiming May 15 through 21, 2005, as "National Public Works Week".
RECOMMENDATION:
BACKGROUND:
ndw
April 27, 2005, 2:56PM
S:\MAYOR~ADMIN~P U BLIC WORKS WEEK 05.dot
ADMINISTRATIVE REPORT
IMEETING DATE: May 11, 2005
AGENDA SECTION: Presentations
ITEM: q. C.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
April 29, 2005
DEPARTMENT HEAD ~OVED
CITY ATTORNEY
CITY MANAGER
Presentation by Mayor Hall of Proclamation to Nona Tolentino, Director, Kern County Long-
Term Care Ombudsman Program, proclaiming May 11, 2005, as "Older Americans Day".
RECOMMENDATION:
BACKGROUND:
ndw
Apd129, 2005, 10:44AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Appointments
TEM: [ [,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
April 29, 2005
APPROVED
DEPARTMENT HEAI:I~t~;L~
ClTY ATTORNEY -
CITY MANAGER ~
One appointment to the Historic Preservation Commission, due to the expiration
of term of Ann Sullivan, term expired March 30, 2005.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there is one appointment to the Historic Preservation Commission due to the expiration of term
of Ann Sullivan, whose term expired March 30, 2005. The news release for this recruitment was posted
February 23, 2005.
An application for reappointment has been received from Ann Sullivan.
The membership of the Historic Preservation Commission was amended in accordance with Ordinance
No. 4246 adopted on April 13, 2005. The Commission is now composed of five (5) members rather than
eight. These five members consist of three existing positions which will expire in 2006, one existing
position which will expire in 2007, and one current vacancy which will expire March 30, 2008. In addition,
the nominations, which were previously made by individual Councilmembers and the Mayor, are currently
made by the full Council.
The Historic Preservation Commission is an advisory body to the City Council. Members must be
residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term.
The Commission reviews applications for Cultural Resource designations and applications for Historic
Districts in addition to applications which may be referred by the Planning Commission, Board of Zoning
Adjustment or the City Council. The Commission presides and conducts public hearings on designation
applications and makes recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m. in the Kress Building Third Floor
Conference Room, 19th & K Streets, Bakersfield California.
Apd129, 2005, 10:27AM
S:\Bds&Comm\HPC~ADMIN May 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
April 29, 2005
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
TEM: I~.o..
APPROVED
DEPARTMENT
CITY ATTORNEY
CITY MANAGER ~.~
Approval of minutes of the April 27, 2005 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: t~.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 29, 2005
APPROVED
DEPARTMENTHEAD..~J~--I~
CITY ATTORNEY ~
CITY MANAGER
Approval of depar/ment payments from April 15, 2005 to April 28, 2005 in the amount of
$7,442,228.93 and self insurance payments from Apdl 15, 2005 to Apdl 28, 2005 in the
amount of $113,247.00.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,555,475.93.
BACKGROUND:
klg
Apd129, 2005, 9:20AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent
ITEM: ~., C.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
May 3, 2005
APPROVED
DEPARTMENT
CITY ATTORNEY
CITY MANAGER
Adoption of Ordinance upholding the decision of the Planning Commission, denying the
appeal by the Sierra Club, adopting the Negative Declaration and amending Title 17 of the
Municipal Code (Zone Map No. 104-08) by changing the zoning from A (Agriculture) and
R-S 2.5A (Rural Suburban - 2.5 acre minimum) to R-1 (One Family Dwelling) zone on 120_+
acres, generally located north of Paladino Drive, east of Valley Lane (ZC 04-1712).
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on April 27, 2005.
On March 3, 2005, the Planning Commission adopted Resolution No. 22-05 recommending
approval of a zone change from A (Agriculture) and R-S 2.5A (Rural Suburban - 2.5 acre
minimum) to R-1 (One Family Dwelling) on 120_+ acres of land. The land, owned by Mallady
Reddy, is generally located north of Paladino Drive, east of Valley Lane. Mclntosh and Associates,
on behalf of Mallady Reddy, has applied for this subject zone change to bring the zoning of the
land into consistency with the approved General Plan designation of the site. The action of the
Planning Commission was appealed by Gordon L. Nipp, Ph.D., representing the Sierra Club.
The Sierra Club filed an appeal objecting to the Planning Commission's approval of the zone
change and Negative Declaration, requesting an Environmental Impact Report (EIR) be prepared
(Background Attachment #1). The Sierra Club's letter of appeal states that cumulative impacts to
air quality, and traffic have not been adequately addressed. The Sierra Club is of the opinion that
the recent General Plan Update EIR contains little specific information on cumulative impacts. The
Sierra Club is requesting a traffic study be prepared to analyze cumulative traffic impacts.
An Environmental Impact Report (EIR) was certified on December 11, 2002 for the Metropolitan
Bakersfield General Plan. There are no significant impacts which are peculiar to this project or
parcel which were not considered in the General Plan EIR. There are no potentially significant off-
site impacts or cumulative impacts which were not discussed in the EIR prepared for the General
Plan.
ADMINISTRATIVE REPORT Page2
During the Planning Commission's public hearing process, the Sierra Club presented a letter
addressing several issues including those which are contained in their appeal letter to the City
council. Staff provided responses to the Sierra Club's concerns, which were made part of the
record for consideration of the Planning Commission's recommended approval of the Negative
Declaration for this project. Staff's responses to the Sierra Club concerns and the letter containing
the Sierra Club's concerns are included as Background Attachment #2.
To reduce emissions created by the proposed development, the applicant has requested that
voluntary mitigation measures be added as Conditions of Approval (Exhibit "A") for this project.
Therefore, these voluntary mitigation measures have been included in the Conditions of Approval
for this project.
Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and
incorporated into the Negative Declaration (Background Attachment #3) recommended for
approval for this project.
Conclusion.
Staff recommends adoption of the ordinance denying the appeal, upholding the decision of the
Planning Commission approving the zone change from A (Agriculture) and an R-S 2.5A (Rural
Suburban ~ 2.5 acre minimum) to R-1 (One Family Dwelling), with conditions which include
voluntary mitigation measures proposed by the applicant, as shown on the attached ordinance.
LP:S:~ZoneChange\04-1712\CC~admin 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: la.d,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 25, 2005
Assessment District No. 04-2, (Brighton
Commercial/Cherry Hill II).
1. Resolution Preliminarily Approving
Hearing of Protests. (Ward 4)
DEPARTMENT HEAD /~ROVED
CITY ATTORNEY,~
CITY MANAGER ~
Parks/Brighton Village/Stockdale at Allen
Engineer's Report, Setting Date for Public
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On December 15, 2004 the City Council adopted the resolution Approving the
Boundary Map, Resolution of Intention 1368 and the Resolution Accepting Petition and Determining to
Undertake Special Assessment Proceedings for Assessment District No. 04-2.
The proposed district has four distinct sub areas as follows:
Brighton Parks: This sub area is located south of Kern River Freeway, west of Jewetta
Avenue, east of Allen Road, north of Stockdale Hwy and is planned for new residential
development. It is proposed that the improvements for this sub area will be constructed by
the developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon
completion. The improvements include construction of curb, gutter, sidewalk, street lights,
storm drains, traffic signal, water lines, landscaping, and block wall improvements for Tracts
6250.
Brighton Village: This sub area is located south of Kern River Freeway, west Jewetta
Avenue, east of Allen Road, north of Stockdale Hwy and is planned for residential
development. It is proposed that the improvements for this sub area will be completed by
the developer (Castle & Cooke California, Inc.), with acquisition of the improvements upon
completion. The improvements include construction of curb, gutter, sidewalk, street lights,
storm drains, traffic signal, water lines, and block wall improvements for Tracts 6281.
Stockdale at Allen Commercial: This sub area is located north of Stockdale Hwy between
Jewetta Avenue and Allen Road and is proposed for Commercial Office development. It is
April 25, 2005, 2:57PM
G:\GROU PDAT~ADMINRPT}2005\05-1 l~AD04-2Prelreport.dot
ADMINISTRATIVE REPORT
Jas
proposed that the improvements for this sub area will be constructed by the developer
(Castle & Cooke California, Inc.), with acquisition of the improvements upon completion.
The improvements include construction of sidewalk, grading, paving, street lights, water,
block walls and off site improvements.
Cherry Hill I1: This sub area is located south of Reina Road, west of Jewetta Avenue, east
of Allen Road, north of Hageman Road and is proposed for new residential development. It
is proposed that the improvements for this sub area will be constructed by the developer
(Cherry Hill, Inc.), with acquisition of the improvements upon completion. The
improvements include construction of on-site and off-site improvements for Tract 6153
Units three and four which includes curbs, gutters, sidewalk, grading, paving, sewer, storm
drain and block walls.
The primary motive for combining four sub areas into a single assessment district is to reduce the
total costs of legal proceedings and bond financing, passing the savings on to the property owners.
It is intended to provide financing for all improvements in a single bond issue.
The Resolution preliminarily approving the Engineer's Report also sets the date for the public
hearing to hear protests on June 8, 2003.
Once the Resolution is adopted, the next step is to mail notices and have the Assessment
Engineer prepare and file with the City Clerk a Final Engineer's Report. The Final Engineer's
Report will be ready for Council's adoption on the June 8, 2005 meeting just after the close of the
protest hearing.
April 25, 2005, 2:57PM
G:\GROUP DAT~AD MIN RP~2.005\05-1 l~AD04-2Prelreport.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: id,C.,,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M, Rojas, Public Works Director
April 14, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ,~/L~
CITY MANAGER /~
Sewer Connection Fee Assessments 0Nard 7)
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Victor G. and Marcia K. Swedblom, 4924 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 owner of property at 4924 Centaur Street has connected his property to the City
sewer system. The owner has claimed 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 owner 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.
tpm
Apd114, 2005, 4:28PM
S:\PROJECTS\SewerConFee~Admin\4924 Centaur St.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 11,2005 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~ ,---
DATE: April 28, 2005 CITY ATTORNEY ~/~
SUBJECT:
CITY MANAGER
A Resolution of the Council of the City of Bakersfield authorizing the execution of a
standard agreement or other documents to secure a Fair Housing Education and Outreach
Initiative grant from the U.S. Department of Housing and Urban Development.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The U.S. Department of Housing and Urban Development (HUD) has made available funding for the Fair
Housing Education and Outreach Initiative which requires an executed resolution by the City in order to
apply for grant funds available through the Fair Housing Education and Outreach Initiative (EOI) Grant
Program.
The Fair Housing program grant funds are restricted for use to affirmatively further Fair Housing by
carrying out programs to prevent or eliminate discriminatory housing practices by providing Fair Housing
education to the public and outreach to minority residents that benefit the community and add to the
community's quality of life.
The amount of funds the City anticipates receiving approximately $100,000 in grant funds, with those
funds being used to inform the public about rights and obligations under the Federal Fair Housing Act and
equivalent State Fair Housing laws.
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 City.
S:~Admins\City Council\Fair Housing grant admin.doc
4/28/2005 8:12 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 11,2005
AGENDA SECTION: Consent
ITEM: I~..~.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley Grady, Development Services Director DEPARTMENT HEAD
May 2, 2005 C TY ATTORNEY. /,/'~
CITY MANAGER
SUBJECT:
Resolution for Annexation proposing proceedings for annexation of uninhabited territory to
the City of Bakersfield as identified as Annexation No. 493, consists of approximately 2.5
square miles located west of Allen Road, south of the Kern River and north of the Southern
Pacific Railroad Tracks (known as West Ming Development Area). 0Nard 5).
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to
the City of Bakersfield. The proposed annexation is identified as Annexation No. 493 (known
as West Ming Development) contains approximately 2.5 square miles of land. The annexation
is adjacent to the City limits and all are within the City's Sphere of Influence boundary.
The property owner has consented to annexation. The proposal is to annex the land and
develop and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7.
of the agreement "Annexation of Uninhabited Land and Residential Development."
MO:p jr
Admin~5-11 -ROA493
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Hearing
ITEM: t~..~.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 21, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Resolution adopting the 2004-2025
Schedule. (All Wards)
Regional Transportation Facilities List and Fee
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: Chapter 15.84 of the Bakersfield Municipal Code requires that the City Council adopt
the Regional Transportation Facilities List and the Transportation Impact Fee Schedule annually. The
Regional Transportation Facilities List includes those projects in the Metropolitan Bakersfield 2010 Plan
area which are included in the adopted Capital Improvement Plan annually updated by the City Council.
These facilities constitute some of the regional facilities needed to maintain a LOS "C" or prevent the
degradation of roads which are currently below LOS "C" as shown in the Metropolitan Bakersfield 2010
General Plan -- Circulation Element.
Staff has met with various developers over the last year to discuss some revisions to the 2003-2024
Metropolitan Bakersfield Regional Transportation Impact Fee Facilities List. These revisions are the result
of the City's very rapid development recently, and the change in the expected development pattern.
Additionally, some projects have been requested by various developers to be added to the list. Since
these projects are more regional than local in nature, and since the additional cost of these projects is
offset by savings is other projects, staff is recommending that the Facilities list be revised as attached. A
summary sheet showing the changes is attached. Since there were offsetting cost savings in other
projects, the total dollar amount of the Facilities List does not change and there is no change in the
amount of the fee, except for the cost of living increase.
This update includes the cost of living increase required by the city's ordinance. The last time the costs
were updated was in 2000, so the Construction Cost Index from 2000 to 2004 was applied to the list and
fee schedule.
mps
Apd126, 2005, 3:59PM
G:\GROUPDA'D~ADMINRPT~.005\05-1 I\TIF Update .doc
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: [~. ~.
TO:
FROM:
DATE:
SUBJECT:
(1)
(2)
(3)
(4)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 25, 2005
DE.ARTME.T.EAD / " OVED
CITY ATTORNEY
CITY MANAGER ~
Tract Maps and Improvement Agreements
Final Map and Improvement Agreements with ADH Corporation for Tract 6232 Phase 2
located South of State Route 58 and east of Oswell Street. (Ward 1)
Final Map Improvement Agreements with J & L Gardiner, LLC, and Bradford & Sons
Construction, Inc for Tract 6234 Phases 2 and 5 located South of Reina Road and west of
Old Farm Road. (Ward 4)
Final Map and Improvement Agreements with Bakersfield Chardonnay, L. P. for Tract 6170
Phase 1 located south of Ryzona Drive and west of Stine Road. (Ward 6)
Final Map and Improvement Agreements with Panama 144 1, LLC, and Village Contractors,
Inc. for Tract 6006 Phase 4 located north of McKee Road and east of Hughes Lane.
(Ward 7)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
td
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.
April 26, 2005, 8:46AM
G:\GROUPDAT~ADMINRPT~2005\05-11\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
TEM: |~.,~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 26, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER ~
SUBJECT: Consent To Common Use Agreement between the City of Bakersfield and Pacific Bell
Telephone Company for an Easement within Oswell Street. (VVard 1)
RECOMMENDATION: Staff Recommends approval of the Consent To Common Use Agreement.
BACKGROUND:
The Developer of Tract 6232 located south of State Route 58 and east of Oswell
Street, is required to widen Oswell Street adjacent to his subdivision. There is an
existing Pacific Bell Telephone Company easement within the proposed right-of-way
for Oswell Street. Upon acceptance of the Oswell Street right-of-way and
improvements, the City and Pacific Bell Telephone Company will own easements
and improvements which occupy the same space. This Agreement consents to and
establishes the guidelines for the construction, reconstruction, maintenance and use
of the easements and improvements.
apdl 26, 2005, 11:29AM
G:\GROUPDAT~ADMINRP'i~2005\05-11\COMMON USE AGREEMENT.dot
ADMINISTRATIVE REPORT
MEETING DATE: May t
AGENDA SECTION: Consent Calendar
TO: Honorable Mayor and City Council /~PPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: April 12, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Agreement with County of Kern allowing the County to raise City sewer manhole frame and
covers to street grade as part of their road construction project on Oswell Street and Mt.
Vernon Avenue.
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The County of Kern proposes to contract certain road construction on Oswell Street and
Mt. Vernon Avenue. This is an agreement between the City and County to allow the County as part of their
project to raise City sewer manhole frame and covers to street grade. The agreement sets out the cost
and duties of each party.
G:~GROUPDATWDMINRP'r~2005~4-27~Manhole frames, covers.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
IAGENDA SECTION: Consent Calendar
ITEM: t,~,, [.
TO: Honorable Mayor and City Council ,~,~ROVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD
CITY ATTORNEY ~
DATE: April 19, 2005
CITY MANAGER //~7'~
SUBJECT:
Transportation Impact Fee Agreement with Stonecreek Partners, Inc. for Tract 6227
(Estimated Impact Fee Credit - $70,308), located on Stine Road near the intersection of
McKee Road. 0Nard 6)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Stonecreek Partners Inc. is constructing Stine Road from 300' south of McKee Road
to 1300' north of McKee Road. Transportation Impact Fee credit is available for the portion of Stine
Road that they are constructing. Stonecreek Partners has requested that the Transportation Impact Fee
Credit available from this improvement be applied to lets in Tract 6227. The credit available is estimated
at $70,308.
Apd119, 2005, 4:37PM
G:\GRO Up DAT~ADMINRPT~2.005\05-1 I\TR 6227 TIF Agreem ~,~t.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
IAGENDA SECTION: Consent Calendar
ITEM: ~.~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
April 28, 2005
APPROVED
DEPARTMENT HEAD ff~
CITY ATTORNEY
CITY MANAGER
Reimbursement Agreement with C & C Properties, Inc., $95,790.00, for reconstruction of a
portion of Coffee Road north of Meany Avenue (Ward 4).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: C & C Properties is developing Parcel Map 10984 at the northeast corner of Coffee
Road and Meany Avenue. There is existing pavement in the area that needs to be reconstructed. C & C
Properties, Inc. has agreed to do this work while they are working in the area for the sum of $95,790.00.
Sufficient funds are budgeted to cover this agreement.
PW_mps
April 28, 2005, 4:02PM
G:~GROUPDAT~AD MINRPT~2005\05-11 \CanCReimbursement.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
TEM: t~, ~,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 28, 2005
APPROVED
DEPARTMENT HEAD ./~.Z~--
/, -
CITY ATI' O RN E~',/~,
CITY MANAGER ~'~
SUBJECT: Agreement with Castle & Cooke California, Inc. to purchase real property loCated
Road $4,050,000 for the Westside Parkway. (VVard 4)
~st of Allen
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is acquiring properties for the Westside Parkway. The property being acquired
consists of approximately 32 acres of single family residentially entitled land. The property is owned by
Castle & Cooke California, Inc., a local development company. The purchase price of $4,050,000
represents the property's fair market value, including severance damages, as determined by an appraisal
prepared by Michael Launer & Associates and reviewed by Caltrans.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
April 28, 2005, 2:12PM
P:\MyFiles~Admin Reports\Castle & Cooke WSP2,doc
DMA/s
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: t ~..O.
TO: APPROVED
FROM: DEPARTMENT HEAD ,/~
///
DATE: ^TTOR.E¥
CITY MANAGER
?/
SUBJECT: Exchange of Real Property for the Westside Parkway located east and west of Allen/Road
north of Stockdale Highway with the Rosedale Rio Bravo Water Storage District. (Ward 4)
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 2, 2005
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is acquiring properties for the Westside Parkway. The property being acquired is
currently being utilized as a recharge basin. As such, the owner, Rosedale Rio Bravo Water Storage
District (RRBWSD) has expressed a desire to replace the recharge capacity of the land being acquired by
the City for the Westside Parkway Project rather than an outright sale. To accommodate RRBWSD
request a series of tests were conducted on adjoining properties to establish which were best suited for
recharge purposes. It was determined that property owned by Castle and Cooke California, Inc. would be
acceptable to RRBWSD and the City entered into negotiations to acquire the property. The City and
Castle and Cooke have reached an agreement for the purchase of their property and the pumhase
agreement is also on this agenda.
A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS
Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of
properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General
Plan.
May 2, 2005, 3:26PM
P:\MyFiles~Admin Reports\Rosedale Rio Bravo.doc
DMNs
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: ~,, [3,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 29, 2005
,~/,PPROVED
DEPARTMENT HEAD/~/~
CITY ATTORNEY //'~
CITY MANAGER
SUBJECT: Amendment No. I to Agreement No. 02-218 with Century Building Associates, LLC for leased
space at 1600 Truxtun Avenue. 0A/ard 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On July 10, 2002, the City of Bakersfield entered into Agreement No. 02-218 with Century Building
Associates, LLC (Century) to lease administrative office space at 1600 Truxtun Avenue for the Information
Technology Division. The City agreed to lease approximately 5,500 square feet of the 55,000 square foot
building which represented approximately one-half of the third floor. The original term of that lease was for
three years and is do to expire September 1, 2005. It has been determined that it will be necessary to
continue to lease office space until other options become available. Century has offered to extend the
lease an additional three years under terms acceptable. The salient terms are: the rent for the first year
of the extension will be at the same rate as the previous three years ($7,975.00/month, full service, less
janitorial) and then increase to $8,373.75/month the second year of the extension and $8,792.44 for the
third and final year of the extension. Also, the City will be receiving an additional parking space in the
building's underground parking lot at no additional cost. The City has been pleased by the level of service
received by Century and looks forward to continuing our positive relationship.
April 29, 2005, 8:07AM
P:\MyFiles~Admin Reports\1600 Truxtun Amend.doc
DMA/s
ADMINISTRATIVE REPORT
IMEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: Aprit 22, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Amendment No. 1 to Agreement No. PW 04-124 with Boyle Engineering Corporation for an
additional $60,000.00 for preparation of documentation for formation of Interim
maintenance districts: (All Wards)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: Agreement No. PW 04-124 with Boyle Engineering Corporation to provided services
to prepare maps, legal descriptions, exhibits and resolution necessary for the formation of interim
maintenance districts.
Since November 23, 2004 Boyle Engineering has completed 20 interim maintenance districts which have
been merged into the Consolidated Maintenance District. They have expended the original contract
amount and approval of this amendment will increase the compensation clause to $80,000.00. The
funding for the formation of interim maintenance districts is paid for by the developers.
The total amount of the amendment for service is $60,000.00. This changes the original agreement
amount of $20,000.00 to a total amount of $80,000.00.
PW:jas
Apd122, 2005, 11:19AM
G:\GROUPDAT~ADMINRPT~2005\05-1 l\BovlelMDarnend 1 doc
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: [~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 2, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CiTY MANAGER
Amendment No. 7 to Agreement No. 92-154 -- City Manager's Contract
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
This contract amendment implements changes to the City Manager's contract in accordance with the
annual evaluation of Alan Tandy, City Manager, on April 13, 2005. It includes an option to convert the full
amount of his deferred compensation payments to regular salary on a dollar-for-dollar basis, said option
can be exercised any time in a calendar year, but may not go further back than January 1~t of the year in
which the option is exercised. If the option is exercised, the City has no further obligation to pay deferred
compensation.
S:\C OLrNCI L~Admins\04.05 AdrainskMgr. Agr Amd7 ,doc
May 2, 2005 - 12:41 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
TEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 28, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTO RN EY__/_~_~.L~;L~
CITY MANAGER ,~
Accept Base Bid ($1,224,302.80), Additive Alternate #1 ($198,434.20) and Additive
Alternate #2 ($200,125.90) to award contract to Granite Construction ($1,622,862.90) for
the Resurfacing of Various Streets 2004/2005. (Wards 1, 2 and 3).
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: The Base Bid of this project consists of resurfacing the following streets:
17th Street, Chester Avenue to L Street;
Discovery Drive, Westcommerce Center Drive to Marella Way;
Marella Way, Discovery Drive to California Avenue;
Marella Way, California Avenue to Montclair Street;
Lennox Drive, Hewlett Street to California Avenue;
Lennox Drive, California Avenue to Business Park South;
Business Park South, Lennox Drive to Business Center Drive;
Christmas Tree Lane, Mount Vernon Avenue to Columbus Street;
Panorama Drive, River Boulevard to Mount Vernon Avenue; and
Palm Street, Real Road to SR 99.
Additive Alternate #1 includes
30th Street, Spruce Street to Garces Circle.
Additive Alternate #2 includes
Palm Street, Oak Street to A Street.
Funds are available in the FY04/05 CIP budget. Staff recommends award of Base Bid and
Additive Alternates #1 and #2. The determination of Iow bid was based on the Total Base Bid
only, as specified in the project per legal requirements.
April 28, 2005, 2:54PM
G:\GROUPDAT~ADMINRPT~2.005\05-1 l\Resurfacing Vadous Streets 04_05.doc
ADMINISTRATIVE REPORT
Three acceptable bids were received on April 26, 2005, as follows:
Granite Construction Company
James Road
Bakersfield, CA 93308 (County)
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City)
in the amount of
in the amount of
Total Base Bid
Total Additive Alternate #1
Total Additive Alternate #2
Total Base Bid
Total Additive Alternate #1
Total Additive Alternate #2
Bowman Construction
3527 Brian Way
Bakersfield, CA 93308 (County)
in the amount of
Total Base Bid
Total Additive Alternate #1
Total Additive Alternate #2
$1,224,302.80
$198,434.20
$200,125.90
$1,393,833.50
$186,710.90
$200,589.52
$1,542,411.05
$2O5,287.96
$2OO,O84.83
(cmw/pw/engr)
Apd128, 2005, 2:55PM
G:\GROUPDAT~ADMINRPT~005\05-1 l\Resurfacing Various Streets 04_05.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council AP~I~OVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD //(/ ~,
DATE: April 28, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Accept Bid to award contract to Granite Construction ($230,537.00) for the Street
Improvements Panorama Drive. (Ward 3).
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: This project consists of constructing paved shoulder / bike lane on north and south
edges of Panorama Drive underneath the tower lines between Fairfax Road and Morning Drive. In
addition, Panorama Drive will be resurfaced between Juniper Ridge Road and Morning Drive. Funds are
available in the FY 04/05 CIP budget.
Three acceptable bids were received on April 28, 2005, as follows:
Granite Construction Company
James Road
Bakersfield, CA 93308 (County)
in the amount of
Total Base Bid
$230,537.00
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City)
in the amount of
Total Base Bid
$244,925.00
Bowman Construction
3527 Brian Way
Bakersfield, CA 93308 (County)
in the amount of
Total Base Bid
$250,990.69
(cmw/pw/en§r)
April 28, 2005, 2:54PM
G;\GROUPDAT~ADMINRPT~2005\05-11\Street Improv Panorama.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: I~.
TO: Honorable Mayor and City Council ,APnPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~/t~'~
DATE: April 27, 2005 CITY ATTORNEY
CITY MANAGER ~-~
SUBJECT:
Accept Base Bid ($81,948.35) and Additive Alternate Bid ($20,391.00) to award contract to
Valley Tree & Construction ($102,339.35) for demolition of Saunders Pool and Beale Pool
(Ward 1 & 2).
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: Saunders Pool and Beale Pool were closed by Council order after a review of operation
cost and repair cost. The Saunders Pool site will be graded and turf installed by the Contractor as part of
this contract. The Beale Pool site will be graded as part of this agreement. A new wet play area will be
installed by City forces at Beale Park following the demolition.
Three acceptable bids were received on April 26, 2005 as follows:
Valley Tree & Construction
4233 Quinn Road
Bakersfield, CA 93308
(County) in amount of $102,339.35
Bowen Engineering & Environmental
4664 S. Cedar Ave.
Fresno, CA 93725 (Out of Town)
in amount of
$122,750,00
Gilliam & Sons, Inc.
9831 Rosedale Hwy.
Bakersfield, Ca 93312
(County)
in amount of
$167,869.34
WGM/PW-ENGR
April 28, 2005, 10:27AM
G:\GROUPDAT~ADMINRPT~2005\05-11\Sunders & Beale Pool Demos.dot
ADMINISTRATIVE REPORT
MEETING DATE: I,IAY 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
April 28, 2005
APPROVED
DEPARTMENTHEAD,,~,,~/----
CITY ATFORNEY ~
CITY MANAGER /4~
SUBJECT: Accept bid to award annual c(~ntract to Alon Asphalt Bakersfield, not to exceed
$450,000.00, to furnish Asphalt Rejuvenator Sealant for various City streets.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This product is used on City streets to rejuvenate and seal them for longer wear. This
product is purchased and stored by vendor, is loaded into City owned equipment or is delivered and
spread at specified locations on an as needed basis. Invitations to bid were sent to twenty (20) bidders.
One (1) bid, from the current contract holder, AIon Asphalt Bakersfield was received. It reflects a minimal
increase in unit prices for Asphalt Rejuvenator Sealant.
Alon Asphalt Bakersfield
1201 China Grade Loop
Bakersfield, CA 93308
Product picked up by City
Product delivered and spread
$0.91 per gallon
$1.26 per gallon
Purchasing Division
KB
S:\PURCH~,DMIN~C05_051 I_B_AC Asphalt Rej,doc
April 28, 2005, 8:47AM
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Consent Calendar
ITEM: IA. u_~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 14, 2005
APJa~ROVED
DEPARTMENT HEAD (//]/~/ --
CITY ATTORNEY
CITY MANAGER
Transfer and appropriate $150,000 General Fund Non-departmental operating budget
savings to the Equipment Management Fund to purchase a graffitti truck.
RECOMMENDATION: Staff recommends approval of transfer and appropriation.
BACKGROUND: A Resolution determining that two graffiti trucks could not be reasonably obtained
through the usual bidding procedures and authorizing the Finance Director to dispense with bidding was
approved at the April 13, 2005 Council meeting.
Appropriations for one of the two graffiti trucks were approved at the March 9, 2005, Council meeting
when several amendments were made to the FY 2004-2005 budget. At this meeting, an appropriation of
$150,000 was approved.
The second graffiti truck was originally budgeted in FY 2002-2003, but because of state budgetary actions,
purchase of the truck was suspended. The appropriation was inadvertently not carried over into the
current fiscal year.
It is important to note that this oversight will not negatively impact the time frame when the graffiti trucks
will be placed into service. Staff went forward with the purchase of both trucks based upon the sole
source resolution described in the first paragraph. This Administrative Report reimburses the Equipment
Management Fund for the initial purchase of the graffiti truck with General Fund sources, which is
customary practice for these types of purchases.
tpm
April 28, 2005, 11:04AM
G:\GROUPDA'r~ADMI NRPT~2005\05-11\graffiti truck.doc
MEETING DATE:
ADMINISTRATIVE REPORT
May 11, 2005
AGENDA SECTION: Consent
ITEM: ~o~. X'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
May 5, 2005
Hillside DevelOpment Ordinance
APPROVED
DEPARTMENT H EAD¢?~'-~ ~,~.
CITY A'n'ORNEY
CITY MANAGER ',~/~-
/
RECOMMENDATION:
The Planning and Development Committee recommends approval of this administrative report and
its recommendations.
BACKGROUND:
On April 25, 2005 the Planning and Development Committee met to discuss the existing Hillside
Development Ordinance and consider changes. A Draft Ordinance depicting possible changes
was distributed. The changes provided greater protection to steep slopes, slope stabilization,
setbacks from bluffs and additional application information.
The committee requested staff look at additional issues of:
· Pool setbacks from steep slopes.
· Planting for slope stability.
· Lot and fence setbacks from steep slopes.
· Standard fencing requirements.
· Landscaping.
The Draft Ordinance would require hearings before the Planning Commission and City Council. By
approving this administrative report, staff would take the appropriate steps to implement all of the
recommendations that will result from the public hearing process.
Notification to the public that proposed changes are being considered will be published
immediately to provide the public with constructive notice of the proposed Ordinance changes. A
published notice of public hearing would also be provided to notify the public of a hearing
opportunity before the Planning Commission.
JM:dl
Adrnin~nay\5-11 -hdo
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 7, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY'
CITY MANAGER ~
General Plan Amendment/Zone Chanqe No. 04-1550 WVard 4)
Mclntosh and Associates on behalf of Castle and Cooke California, has proposed a general plan
amendment and zone change to delete a previous condition of approval that required an
equestrian trail between Allen Road and the Kern River along Goose Lake Slough.
1. Resolution approving the Notice of Exemption and adopting of the general plan amendment
deleting the condition of approval requiring an equestrian trail.
2. First Reading of the Ordinance approving the Notice of Exemption and amending Title 17 of the
Municipal Code deleting a condition of approval which required an equestrian trail.
RECOMMENDATION:
Staff recommends adoption of the resolution approving the Notice of Exemption, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
An equestrian trail was first required in this area with approval of the "South of Brimhall" project
in 1997. The idea was to link a larger County trail system in the Rosedale area with the Kern
River equestrian trail via this property. Final design of the Westside Parkway and Alien Road
Interchange precludes any reasonable access for an equestrian trail and therefore the applicant
requested deletion of the condition requiring the trail.
It is notable that in the several years the county has had an adopted trail system in place; they
have required no developers to actually build the adopted trail system.
The county trail system still could connect to the regional Kern River trail system in the Wegis
Road area. In addition, there are plans and money available to constructed a specialized
parking lot for equestrian usage at the south end of the city 40 acre soccer/park area at
Stockdale highway. This parking lot was also a condition of approval from the south of Brimhall
project and effectively establishes a staging area so the equestrian users will always be able to
access the historical equestrian trail along the Kern River.
ADMINISTRATIVE REPORT Page 2
Originally the group, Kern Equestrians, for the preservation of trail was concerned about the
loss of this segment. After discussions with staff, review of the parkway design and speaking
with the applicant they withdrew their concerns. One member of the public spoke on the subject
but was mostly concerned with the preservation of the staging area at the Kern River. As
Bakersfield becomes more built out and less rural, these staging areas will present the best long
range method to insure equestrian access to the River.
MG
Admin\5-11-1550
MEETING DATE: May 11, 2005
ADMINISTRATIVE REPORT
IAGENDA SECTION: Hearings
ITEM: ~.lO.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 26, 2005
General Plan Amendment 04-1738 (Ward 3)
APPROVED
DEPARTMENT HEAD':~¢~
CITY AI-rORNEY
CITY MANAGER
Signal Hill Petroleum, Inc. has applied for a general plan amendment on 29.5 acres located
along the south side of Paladino Drive approximately one-fourth mile west of Morning Drive.
Resolution approving the Negative Declaration and adopting the general plan
amendment to change the land use designation from HMR (High Medium Density
Residential) to LMR (Low Medium Density Residential).
RECOMMENDATION:
Staff recommends adoption of the resolution approving the Mitigated Negative Declaration and
approving the general plan amendment.
BACKGROUND:
The applicant requested a general plan amendment from HMR to LMR on 29.5 acres fronting
Paladino Drive. Applicant is proposing 80+ single-family dwellings on the subject site. The
LMR land use designation and the current R-2 (Limited Multiple-Family) zoning will permit
single- and/or multiple-family dwelling units by right. The LMR allows a density of greater than
4.0 and less than or equal to 10 dwelling units per net acre. The R-2 zoning allows multiple-
family density of 17.42 dwelling units per net acre and single-family dwellings on lots having a
minimum lot area of 4,500 square feet.
With a density of 17.42 dwelling units per net acre, a maximum of approximately 515 multiple-
family dwellings could be built. Development of the site with applicant's proposed 80_+ single-
family dwellings rather than multiple-family units would decrease the number of dwellings
significantly.
Sewer and water can be provided to the site. Access will be by Paladino Drive via Morning
Drive located approximately one-fourth mile east of the subject site. Both of these roads are
designated arterials.
ADMINISTRATIVE REPORT
There are potential land use incompatibilities located on the subject site and the adjacent area.
PG&E has two 200 foot wide power line easements with transmission and power lines located
within the site along the site's east and west boundaries. Also, the Mojave Gas Pipeline, with 30
foot easement transverses the northern portion of the site in a northwest-southeast orientation
and a gas metering station is located in the northwest corner of the site. Dwelling units cannot
be located within these easements. Excluding the easements, approximately 16 acres can be
developed to single-family dwellings. With recommended mitigation, the potential
incompatibilities should not present a problem.
In addition, the site is located within the productive limits of the Kern Bluff Oil Field. There are
four plugged and abandoned oil wells on the site. Producing oil wells are located to the north.
No members of the public spoke on this item. The Planning Commission approved the project
on the "consent~' calendar with no comment.
RED
Admin]5-11-1738
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005
AGENDA SECTION: Hearings
ITEM: I~, C-
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 19, 2005
APPROVED
DEPARTMENT HEAD~r~
CITY A'I-rORNEY
CITY MANAGER ,)~
SUBJECT: General Plan Amendment/Zone Chanqe No. 04-1745 (Ward 5)
Cornerstone Engineering, on behalf of Myrna Parks, has proposed a general plan amendment and
zone change on 30 acres located along the north side of Pensinger Road approximately 1,980 feet
west of Buena Vista Road and approximately 1,980 feet east of Allen Road (extended).
Resolution approving the Negative Declaration and adopting the general plan amendment
to change the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low
Density Residential).
First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 122-24 from A-20A (Agriculture-20 acre minimum) to
LR (Low Density Residential).
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
Applicant's requested LR land use designation is consistent with the requested R-1 zoning district.
Applicant proposes 140 single family dwellings on the LR site. The LR land use designation allows
less than or equal to 7.26 dwelling units per net acre and the R-1 zone limits on-site development
to single family dwellings and a 6,000 square foot minimum lot size with a maximum of 7.26 units
per net acre.
The Planning Commission conducted public hearings on March 14 and 17, 2005, on this General
Plan Amendment/Zone Change 04-1745 and recommended City Council approval. No significant
issues were raised by the public or any affected public agency at the public hearings held by the
Planning Commission.
RED
Admin\5-11-1745
MEETING
ADMINISTRATIVE REPORT
DATE: May 11,2005 AGENDA SECTION: Hearings
ITEM: ~ ~. d:[,
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
Stanley C. Grady, Development Services Dir.
April 26, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment 04-1747 (Ward 3)
Jerry Hendrecks Engineer, representing Aera Energy LLC, the property owner, has applied for a
general plan amendment on 15 acres, located south of Paladino Drive, generally east of Morning
Drive.
Resolution approving the Negative Declaration and adopting the general plan amendment
to change the land use designation from GC (General Commercial) to LR (Low Density
Residential).
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration and approving the
general plan amendment.
BACKGROUND:
The proponent wishes to develop single family residential on the site. The site is currently zoned
for single family residential. The proposed land use designation would be consistent with the
zoning. The project site is located in a designated oil field area, however, no existing oil production
facilities are located on the site. There were no agencies or public testimony in opposition to the
request.
The Planning Commission conducted public hearing(s) on this General Plan Amendment and
recommended approval to the City Council on March 17, 2005. 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 February 3, 2005, in accordance
with CEQA.
No members of the public spoke on this case. The Planning Commission approved the project on
the "consent" calendar without comment.
MO
Admin\may~5-11-1747
ADMINISTRATIVE REPORT
MEETING DATE: May 11, 2005 AGENDA SECTION: Hearings
ITEM: t~. 0...
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 19, 2005
APPROVED
DEPARTMENT HEAD~'-'-~~'-
ClTY ATTORNEYf/~
CITY MANAGER ~
Vestinq Tentative Tract 6363, appealed 0Nard 5)
Resolution denying appeal by the Sierra Club of the Planning Commission's decision
approving Vesting Tentative Tract 6363 and the Negative Declaration, located on the
north side of Harris Road, approximately 1~ mile east of Old River Road (Engineer:
SmithTech USA, Inc. / Subdivider: Lennar Homes).
RECOMMENDATION:
Staff recommends adoption of resolution upholding the Planning Commission decision to
approve and adopt the Negative Declaration, approving Vesting Tentative Tract 6363, and deny
the appeal.
BACKGROUND:
This item was continued from the April 27, 2005 City Council meeting.
On March 3, 2005, the Planning Commission approved Vesting Tentative Tract 6363 containing
269 lots for purposes of single family development, one lot for a park, one lot for a sump and 3
lots for railroad right-of-way on 80.19 acres, zoned R-1 (One Family Dwelling) including a
request for alternate lot design, and request to waive mineral rights signatures pursuant to BMC
16.20.060 B.2. located on the north side of Harris Road, approximately lA mile east of Old River
Road.
The Sierra Club, represented by Gordon Nipp, filed an appeal to the Commission's decision
stating the cumulative impacts to air quality, biological resources and traffic are significant. See
attached letter of appeal from the Sierra Club.
Prior to the Planning Commission hearing, the Sierra Club submitted a letter in opposition to the
project, which staff prepared responses (Background Attachment # 1). No one spoke during the
Planning Commission hearing.
ADMINISTRATIVE REPORT Page2
Mr. Nipp is of the opinion the cumulative analysis for air quality study is flawed. See attached
letter of appeal from the Sierra Club. The San Joaquin Valley Unified Air Pollution Control
District (APCD) submitted correspondence that concurred with the conclusions of the "Air
Quality Impact Analysis" (August 2004) prepared by WZI, Inc. (See Background Attachment A).
Thus, Mr. Nipp's opinion that the study was incorrectly prepared is not substantiated by APCD.
It is not necessary to analyze the biological impact of every development project. If it were, the
law would clearly require biological impact studies for all development. Clear thresholds are
provided by the state in the standardized environmental checklist used by the City of
Bakersfield. On this project, the City is able to determine that due to the previous long term
agricultural use of the land, the impact on species, which do not have special protection under
Federal and State Law, is less than significant. The determination of less than significant
responds directly to the questions asked in the CEQA initial study questions in Background
Attachment # 2. This determination is supported by the provisions in the Metropolitan
Bakersfield Implementation/Management agreement between the Federal and State Wildlife
agencies and the City and County, The MBHCP and the Endangered Species Inventory In
Support of the Conservation Plan, hereby incorporated by reference.
Cumulative traffic impacts have been addressed with the adoption of the Regional
Transportation Impact Fee (TIF), which this project will pay. The TIF evaluated the existing
single family residential land use of the project site in identifying the improvements needed to
serve it. The cumulative traffic impact is less than significant and no further traffic study is
needed.
Conclusion:
Staff is of the opinion that the Sierra Club's concerns have been adequately addressed and
incorporated into the Initial Study/Negative Declaration (See Background Attachment # 2). Staff
recommends upholding the Planning Commission's decision to adopt the negative declaration,
conditionally approve the tentative tract map and deny the appeal.
JE
Admin~-27-6363
ADMINISTRATIVE REPORT
IMEETING DATE: May 11,2005
AGENDA SECTION: Hearings
ITEM: t~. ~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
May 3, 2005
APPROVED
DEPARTMENTHEAD
CITY ATrORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Chanae No. 03-340 (appealed) (Ward 3)
Dr. Gordon Nipp, on behalf of the Sierra Club, has appealed the Planning Commission's decision
to adopt the Negative Declaration for a proposed general plan amendment and zone change od
70 acres located on the east side of Kern Canyon Road at Vineland Drive (extended). (Pinnacle
Engineering on behalf of CRT Land Company, Inc.,.)
Resolution approving the Negative Declaration and adopting the general plan amendment
to change the land use element on 70 acres from OS (Open Space), LMR (Low Medium
Density Residential), GC (General Commercial) and R-EA (Resource-Extensive
Agriculture) to LR (Low Density Residential).
First reading of ordinance approving the Negative Declaration and amending Title 17 of
the Municipal Code and Zoning Map No. 104-20 from RH (Residential Reserve) to R-1
(One Family Dwelling).
RECOMMENDATION:
Staff recommends adoption of the resolution approving the Negative Declaration, approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
The purpose of the project is to consolidate several existing general plan designations into one
land use designation in order to build a residential neighborhood. There is extensive mitigation
which addressed noise, soils, hydrology, traffic and biological concerns.
The Sierra Club has filed an appeal expressing concerns similar to those identified for many
projects in the northeast quadrant of the metropolitan area. They expressed these same
concerns during the public hearing at the Planning Commission on March 17, 2005. No other
member of the public spoke at the public hearing. No public agency had concerns which remain
unaddressed. Of interest is the fact that a major drainage course flows across the property (north
to south) and will be left open to convey water during significant storm events.
ADMINISTRATIVE REPORT Page2
Kern Canyon Road (State Route 184) is immediately adjacent to the site and a block wall is
required to mitigate noise. Vineland Road (an arterial) traverses the site and will provide a single
point of access to Kern Canyon Road.
The Planning Commission reworded several conditions to address issues and approved the
request with an unanimous vote.
MG
Admin\5-11-340
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 27, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLLCALL
Present:
Mayor Hall, Vice-Mayor Maggard
Councilmembers Carson, Benham, Couch,
Sullivan, Scrivner
Absent:
Councilmember Hanson
2. PUBLIC STATEMENTS
None.
City Clerk McCarthy announced the order of the
agenda would be switched, items, 4.b. 1., 4.b.2. and
4.b.3. will be heard in Closed Session, item 4.a. has
been withdrawn at the direction of the City Attorney,
Council will adjourn from closed session and
reconvene in the Council Chamber at 6:00 p.m. for
the Council goal setting session. The regular
portion of the meeting will convene at 6:30 p.m.
4. CLOSED SESSION
Conference with Legal Counsel - Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9
(One case).
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Gary Willis v City, et al.
2. Eugene Jackson v City, et al.
ACTION TAKEN
REMOVED
3. Bakersfield Firemen Labor Organization, et
al.
Bakersfield, California, April 27, 2005 - Page 2
CLOSED SESSION continued
Motion by Vice Mayor Maggard to adjourn to Closed
Session at 5:17 p. m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:00 p.m.
Meeting reconvened at 6:05 p.m.
Mayor Hall announced the regular Council meeting
would be convened around 6:40 p.m. after a brief
recess.
WORKSHOP
a. City Council Goal Setting.
City Manager Tandy made introductory comments
and Assistant City Manager Stinson gave a
computer presentation and provided revised
handouts.
City Manager Tandy requested Council submit
additional goals to his office by May 5, 2005.
Recess taken from 6:32 p.m. to 6:44 p.m.
RECONVENED MEETING - 6:44 p.m.
ROLL CALL
Present:
6o
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Sullivan, Scrivner
Absent: Hanson
INVOCATION by by Pastor George Horner, Grace Reformed
Church.
PLEDGE OF ALLEGIANCE by by Jacob Jiron, 6th Grade
Student at Juliet Thorner Elementary School.
Mayor Hall recognized Ridgeview High School
students in attendance at the meeting.
ACTION TAKEN
APPROVED
AB HANSON
APPROVED
AB HANSON
9o
Bakersfield, California, April 27, 2005 - Page 3
CLOSED SESSION ACTION
ACTION TAKEN
Conference with Legal Counsel - Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(b)(1)(3)(A) of Government Code Section 54956.9
(One case).
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Gary Willis v City, et al.
2. Eugene Jackson v City, et al.
Bakersfield Firemen Labor Organization, et
al.
NO REPORTABLE ACTION
NO REPORTABLE ACTION
ATTORNEY GIVEN
DIRECTION
City Attorney Gennaro noted for the record, at the
March 9, 2005 meeting, in Closed Session Action,
Council authorized settlement in the claim of Lavida
Hammond.
PRESENTATIONS
Presentation by Mayor Hall of Proclamation to
Mickey Sturdevant and Shirley Harris,
Mothers Against Senseless Killings, proclaiming
May, 2005, as "Let No Mother Lose A
Child Month".
Ms. Sturdevant and Ms. Harris made comments.
Additionally Ms. King spoke on behalf of the Board
of Directors and invited Council to the organization's
community events.
Presentation by Mayor Hall of Proclamation to Don
Jaeger, President, Greater Bakersfield
Convention & Visitors Bureau.
Mr. Jaeger made comments.
City Clerk McCarthy announced Councilmember
Carson would be making a presentation
not on the agenda, to the Real Men and Ladies Inc.,
Youth Academy.
Councilmember Carson made the presentation and
acknowledged members of her staff, Jason Thomas
and Jennifer Williams.
10.
11.
Bakersfield, California, April 27, 2005 - Page 4
PRESENTATIONS continued
Jason Thomas, event coordinator, made comments.
Additionally, the young people introduced
themselves.
ACTION TAKEN
PUBLIC STATEMENTS
Paul Rozell, Program Director of Protective Services
Kern County Department of Aging and Adult
Services, and Jim Maloff, Kern County Chief
Deputy Coroner spoke regarding elder abuse and
the issue of death review for the elderly as defined
by SB 1299.
Jennifer Randel, on behalf of the Sierra Club Buena
Vista Group, spoke regarding air quality and
provided handouts.
Pauline Larwood spoke regarding support for the
Valley Fever Vaccine Project. Additonally, she
provided handouts and introduced Mike Cooper,
Foundation President, Roger Mclntosh, Board
Member and Sandra Larson Communication
Coordinator.
Vice-Mayor Maggard requested the Budget and
Finance Committee review the feasibility of providing
research for valley fever funding.
APPOINTMENTS
Two (2) appointments to the Keep Bakersfield
Beautiful Committee, due to the expiration of
term of Sandra Garrigan (Ward 7) and the
resignation of Dana Karcher (Ward 2).
Motion by Councilmember Scrivner to appoint Cheryl
Graab, to be the Ward 7 representative to the Keep
Bakersfield Beautiful Committee.
APPROVED
AB HANSON
Motion by Councilmember Benham to appoint Gregory
Gordon, to be the Ward 2 representative to the Keep
Bakersfield Beautiful Committee.
APPROVED
AB HANSON
One (1) appointment to the Planning Commission
due to the expiration of term of Murray Tragish, term
expires April 30, 2005.
Motion by Vice-Mayor Maggard, on behalf of
Councilmember Hanson, to reappoint Murray Tragish
to the Planning Commission.
APPROVED
AB HANSON
12.
Bakersfield, California, April 27, 2005 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Minutes:
Approval of minutes of the April 6, 2005 Special
Council Meeting and April 13, 2005 Regular Council
Meeting.
Payments:
Approval of department payments from April 1, 2005
to April 14, 2005 in the amount of $7,115,723.49
and self insurance payments from April 1, 2005 to
April 14, 2005 in the amount of $309,252.79.
Ordinances:
Adoption of Ordinance adding Section 16.16.110 to
the Municipal Code relating to approval of
development entitlement conditioned on
indemnification of City.
Adoption of Ordinance adding Section 2.28.120 to
the Municipal Code relating to Planning Department
- general plan consistency findings.
ORD 4247
ORD 4248
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-30 from
M-2 (General Manufacturing) and M-1
(Light Manufacturing) to R-1 (One Family Dwelling)
on 32.7 acres and to R-l/PUD (One Family
Dwelling/Planned Unit Development) on 10 acres
located north of Berkshire Rd. generally east of
South H St. (GPA/ZC 04-1326) (Applicant: Porter-
Robertson Engineering, representing Marcus
Rudnick, LLC)
ORD 4249
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-34 from C-
1 (Neighborhood Commercial) to R-1 (One-Family
Dwelling) zone on 13 acres located along the west
side of Renfro Rd., south of Johnson Rd. and
approximately 700 feet north of Stockdale Hwy.
(GPA/ZC 04-1336) (Applicant: Porter-Robertson
Engineering, representing Towery Homes)
ORD 4250
12.
Bakersfield, California, April 27, 2005 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 101-01 from NR-5
(Natural Resource-5 acre minimum) to an M-2
(General Manufacturing) zone on 22.5 acres located
north of Snow Rd., generally east of Allen Rd..
(ZC04-1343) (Applicant: Maurice Etchechury,
representing M&S Land Company and Shaffer &
Shaffer)
ORD 425f
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-09 from M-2
(General Manufacturing) to R-2 (Limited Multiple
Family Dwelling) on 22 acres located at the
northeast comer of E. Planz and Cottonwood
Roads. (ZC04-1328) (Applicant: Jim Childress,
representing Tabitha House)
ORD 4252
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 124-32 from C-2
(Regional Commemial) to R-1 (One Family
Dwelling) on two acres located south of Hosking
Ave., generally east of S. Union Ave. (ZC04-1347)
(Applicant: Smithtech USA, representing George L.
Spencer, Jr.)
ORD 4253
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-13 from A-
20A (Agriculture-20 acre minimum) to R-1 (One-
Family Dwelling) on 13.64 acres and to C-1
(Neighborhood Commercial) on five acres located at
the northeast corner of Noriega and Old Farm
Roads. (ZC03-1345) (Applicant: Max Bacerra &
Associates, representing Rogelio Tolentino)
ORD 4254
Resolutions:
Resolutions of Application proposing proceeding for
annexation of territory to the City identified as:
Annexation No. 482 consisting of 72 acres of
uninhabited land located north and south of
Brimhall Road, west of Jenkins Road.
RES 087-05
Annexation No. 464 consisting of 22.5 acres
of uninhabited land located north of Snow
Rd., generally east of Allen Road/Zerker Rd.
RES 088-05
12.
Bakersfield, California, April 27, 2005 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
I. Resolution establishing new tow truck rates.
RES 080-05
Resolution confirming the approval by the Assistant
City Manager of the report of the Chief Code
Enforcement Officer regarding assessments of
certain properties in the City for which structures
have been secured against entry or for abatement
of certain weeds, debris and waste matter and
authorize collection of assessments by the Kern
County Tax Collector.
RES 090-05
Resolution preliminarily approving Engineer's
Report and setting date for public hearing of
protests for Assessment District No. 04-3
(Solera/Rio Vista).
RES 091-05
Resolution determining that certain vibratory asphalt
steel drum roller and pneumatic tire roller cannot
reasonably obtained through usual bidding
procedures and authorizing the Finance Director to
dispense with the formal bidding therefore, not to
exceed $198,000.00.
RES 002-05
Agreements:
Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6184 located north of Olive Drive east
of Jewetta Avenue.
Final Map and Improvement Agreements
with Granite Pointe Estates, LLC, for Tract
6095 Phase 5 located north of Hosking
Avenue and east of Wible Road.
AGRO~153
AGRO~f54
Final Map and Improvement Agreements
with Froehlich Inc. for Tract 6121 Phase 2
located north of Brimhall Road and east of
Jenkins Road.
AGR 05-155
A GR 05-t56
Improvement Agreement with SJH One, LLC
and Wallace & Smith Contractors, Inc. for
Parcel Map 11112 located north of Hageman
Road and west of Coffee Road.
AGR 05-157
12.
Bakersfield, California, April 27, 2005 - Page 8
CONSENT CALENDAR continued
ACTION TAKEN
q. Kern Energy Watch Program:
Agreement with County of Kern, Pacific Gas
and Electric Co., Southem California
Edison Co. and Southern California Gas
Company to deliver the Bakersfield and
Kern County Energy Watch Program.
Agreement with Pacific Gas and Electric Co.
($285,000.00) for Municipal Building Retrofit
Program of the Kern Energy Watch
Partnership.
Accept $285,000.00 grant from Pacific Gas
and Electric for this project.
AGR 05-159
AGR 05-t60
Appropriate $43,000.00 interest earnings
and transfer $204,805.00 from completed
projects to the Kern Energy Watch Municipal
Retrofit Capital Improvement Project
within the Capital Outlay Fund.
r. Sewer Line Construction:
Agreement with California State University-
Bakersfield and Bakersfield University
Partners for construction of sewer line.
AGR 05-161
Easement for construction of sewer line at
Cai State Bakersfield from Stockdale
Highway to Kroll Way.
DEED 6214
Grant Agreement with United States Environmental
Protection Agency ($25,000.00) for a pilot program
using a dual collection refuse truck.
AGR 05-162
Bids:
Accept bid to award annual contract to AC Materials
(not to exceed $750,000.00) for HUD funded street
materials (asphalt concrete) for the Streets Division.
AGR 05-163
Extend bid from Jim Burke Ford ($52,868.30) for
four (4) additional midsize sedans for the
Building Department.
Extend bid from Jim Burke Ford ($386,267.58) for
seventeen (17) additional Police Special Sedans for
the Police Department.
12.
13.
14.
Bakersfield, California, April 27, 2005 - Page 9
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
Transfer and appropriate $4,264,734.00 Vehicle
License Fee Receivable proceeds from the
General Fund to the Capital Improvement Budget
within the Capital Outlay Fund.
Transfer $45,000.00 savings from various capital
improvement projects to the Chester Avenue
between 24th Street and Garces Circle Project within
the Gas Tax Fund.
Consolidated Plan 2010 and Fiscal Year 2005-06
Action Plan.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items IZa. through 12.y.
APPROVED
AB HANSON
CONSENTCALENDARHEARINGS
None.
HEARINGS
Public Hearing to consider Resolution establishing
sewer service user charges and fees for Fiscal Year
2005-06.
RES 093-05
Public Works Director Rojas made staff comments.
Hearing opened at 7:21 p.m.
No one spoke.
Hearing closed at 7:22 p.m.
Motion by V~ce-Mayor Maggard to approve the
Resolution.
APPROVED
AB HANSON
Public Hearing to consider resolution denying the
appeal by the Sierra Club of the Planning
Commission's decision approving Vesting Tentative
Tract 6363 and the Negative Declaration, located
on the north side of Harris Road, approximately ¼
mile east of Old River Road. (Engineer: SmithTech
USA Inc/Subdivider: Lennar Homes)
Development Services Director Grady made staff
comments.
14.
Bakersfield, California, April 27, 2005 - Page 10
HEARINGS continued
Item 14.b. continued
ACTION TAKEN
Hearing opened at 7:23 p.m.
No one spoke.
Motion by Vice-Mayor Maggard to continue the matter
to the May 11, 2005 Council meeting.
APPROVED
AB HANSON
Zone Change No. 04-1712; Dr. Gordon Nipp, on
behalf of the Sierra Club, has appealed the Planning
Commission's decision adopting the Negative
Declaration and approving Zone Change 04-1712
from an A (Agriculture) zone and an R-S 2.5A (Rural
Suburban - 2.5 minimum) to an R-1 (One Family
Dwelling) zone on 120_+ acres generally located
north of Paladino Drive, east of Valley Lane.
First Reading of Ordinance denying the
appeal, adopting the Negative Declaration
and approving Zone Change 04-1712 from
an A (Agriculture) zone and an R-S 2.5A
(Rural Suburban - 2.5 acre minimum) to an
R-1 (One Family Dwelling) zone on
120_+ acres.
Development Services Director Grady made staff
comments.
Hearing opened at 7:29 p.m.
Harry Love, on behalf of the Sierra Club, spoke in
opposition to the staff recommendation.
Roger Mclntosh, on behalf of SIA and Moreland
Corporation, spoke in support of the staff
recommendation.
Harry Love, on behalf of the Sierra Club, in
opposition rebuttal to the staff recommendation.
Hearing closed at 7:40 p.m.
For the record, Vice-Mayor Maggard requested Mr.
Mclntosh provide Development Services Director Grady
a copy of the letter addressing mitigation issues.
Mr. Mclntosh agreed.
Motion by Vice-Mayor Maggard to approve the
Resolution with the additional mitigation as set forth in
the applicant's letter and give first reading to the
Ordinance.
APPROVED
AB HANSON
15.
16.
Bakersfield, California, April 27, 2005 - Page 11
NEW BUSINESS
ACTION TAKEN
a. Sale of Surplus Real Property:
Resolution declaring real property located
north of Panorama Drive and west of
Morning Drive surplus to the needs of the
City.
RES095-05
Agreement with Stepping Stone Land
Development ($579,500.00) to purchase
property located north of Panorama Drive
and west of Morning Drive.
AGR 05-164
DEED 6215
City Manager Tandy made staff comments.
Motion by ~lce-Mayor Maggard to approve the
Resolution and Agreement.
APPROVED
AB HANSON
COUNCIL AND MAYOR STATEMENTS
Councllmember Benham requested Public Works staff
fellow-up on a previous referral regarding the list
of streets designated for resurfacing in the first phase
and her request to add streets to the list.
Councilmember Couch congratulated Don Jeager.
Councilmember Couch requested a status report on the
Westside Parkway, particularly funding, possible
construction start dates, status of property acquisition
and status of property in the refinery area.
Councilmember Couch requested an update regarding
funding and development standards for ~h Standard
Rd. including arterials, collectors and intersections.
Councilmember Couch and Mayor Hall requested
information regarding traffic synchronization and
a tour of the traffic operations center.
Councllmember Couch requested staff investigate
implementing a grading system for restaurants in the
City.
Councilmember Couch requested the City Attorney, in
light of the recent County Ordinance adoption,
reassess the feasibility of implementation of a City
Ordinance regarding auto seizure as a penalty for
illegal dumping.
Councilmember Couch provided staff referrals.
16.
Bakersfield, California, April 27, 2005- Page 12
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Couch provided handouts for City
KernCOG meeting dates and requested appropriate
staff attend the meetings.
Councilmember Sullivan requested police provide more
patrol on Ming Avenue between Stine Rd. and New
Stine Rd. particularly on Saturday nights to reduce
speeding in the area.
Councilmember Sullivan made comments about the Great
American Clean-up.
Councilmember Sullivan requested weed abatement
near the old Zody's building on Ming and requested
staff prepare a letter to the property owner
attempting to enlist the owner's assistance in keeping
weeds under control.
Councilmember Scrivner requested a prior referral
regarding cost analysis landscape maintenance versus
graffiti removal costs be revised to address the way
in which bushes are trimmed.
Councilmember Carson requested staff provide
information regarding what constitutes surplus real
property and provide a current list of City owned
properties.
Councilmember Carson complimented the Great American
Clean-up.
~lce-Mayor Maggard requested staff coordinate with
schools regarding student attendance at Council
Meetings and the time the substantive Meeting takes
place.
Vice-Mayor Maggard requested staff provide a financial
analysis and feasibility study regarding purchase of
Redflex cameras versus leasing the equipment to
determine the most cost effective utilization.
Vice-Mayor Maggard requested staff explore
prohibition of allowing registered sex offenders within
a prescribed distance of a schools, perks and
recreation facilities.
16.
17.
Bakersfield, California, April 27, 2005- Page 13
COUNCIL AND MAYOR STATEMENTS continued
Mayor Hall thanked everyone who participated in the Great
Amedcan Clean-Up. Additionally he provided information
regarding tree planting along Hwy. 99 on Saturday, April
30, 2005.
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:31 p.m.
ACTION TAKEN
ATTEST:
MAYOR of the City of Bakersfield, CA
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield