HomeMy WebLinkAbout09/07/05_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
SEPTEMBER 7,2005
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. WORKSHOPS
(30 min)
a.
Report on Federal Transportation Projects (Project 787). (Staff presentation by Alan Tandy, City
Manager and Raul Rojas, Public Works Director)
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Charles Lack, Vessels of Honor.
7. PLEDGE OF ALLEGIANCE by Alexandra Cody, 6th Grade Student at Our Lady of Perpetual Help.
B. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to General James Whitehead, Retired,
Chairman of the Board, Fox Foundation, proclaiming September 7, 2005, Fox Theater Day.
b. Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern County
Fair Board of Directors, proclaiming September 21 - October 2, 2005, Kern County Fair
Days.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
(Ward 3)
a.
One (1) appointment to the Planning Commission, due to the expiration of term of David
Gay, term expired April 30, 2005.
Staff recommends Council determination.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 17, 2005 Regular Council Meeting.
Payments:
b. Approval of department payments from August 5, 2005 to August 25, 2005 in the amount of
$11,694,730.09 and self insurance payments from August 5,2005 to August 25,2005 in the
amount of $180,969.87.
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12. CONSENT CALENDAR continued
(Ward 3)
(Ward 17)
(Ward 1)
(Ward 4)
(Ward 3)
(Ward 5)
(Ward 3)
(Ward 3)
c.
Ordinances:
d
Adoption of Ordinance approving a negative declaration and amending Section 17.06.020
(Zone Map No. 104-17) of the Municipal Code changing the zoning from R-1 (One Family
Dwelling) zone to PUD (Planned Unit Development) zone on 100.16 acres located on the
southwest corner of Panorama Drive and Masterson Street. (File 05-0298) (FR 08/17/05)
Adoption of Ordinance approving the Negative Declaration and approving an amendment to
Title 17 of the Municipal Code and Zoning Map 124-49 from A (Agriculture) to E (1 acre
minimum) on 33 acres and from R-S (Residential Suburban) and E (Estate One Family
Dwelling) to R-1 (One Family Dwelling) on 67 acres located on the east side of S. Union
Avenue, north and south of E. Berkshire Road, for which annexation into the City is
proposed. (Project Design Consultants, representing Lenox Homes, property owner)
(GPA/ZC 04-1570) (FR 08/17/05)
e.
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family
Dwelling) zone on 17 acres, located along the north side of E. Berkshire Road, generally
east of S. Union Avenue. (SmithTech/USA, representing Jean Ollivier, et ai, property owner)
(GPA/ZC 04-1763) (FR 08/17/05)
f.
Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map 102-06 from A (Agriculture) to R-1 (One Family Dwelling)
on 80.24 acres located at the southeast corner of Seventh Standard Road and Jewetta
Avenue (future). (SmithTech/USA, representing Michel Etcheverry, property owner)
(GPA/ZC 04-1766) (FR 08/17/05)
g.
Adoption of Ordinance approving the Negative Declaration and approving the request to
amend Title 17 of the Municipal Code from R-3 (Limited Multiple Family Residential) on
10.17 acres and R-3-MH (Limited Multiple Family Residential-Mobile Home) to R-1 (One
Family Dwelling) on 1.82 acres located on the south side of Panorama Drive, approximately
1/2 mile east of Fairfax Road. (The Keith Companies, representing Panorama Highlands
Development) (GPA/ZC 05-0535) (FR 08/17/05)
h.
Adoption of Ordinance approving the Negative Declaration and amendment to Title 17 of
the Municipal Code and Zoning Map 123-30 from County A (Agriculture) to R-1 (One Family
Dwelling) on 41.89 acres located on the southeast corner of Panama Lane and Buena Vista
Road. (SmithTech/USA representing Kevin Pascoe) (GPA/ZC 04-1764) (FR 08/17/05)
Adoption of Ordinance amending Title 17 of the Municipal Code and Zoning Map 104-20
from OS (Open Space) to R-1 (One Family Dwelling) on 2.7 acres located between State
Routes 178 and 184, east of Vineland Road and denying the appeal. (GPA/ZC 03-1188)
(FR 08/17/05)
i.
j.
Adoption of Ordinance approving amendment to Title 17 of the Municipal Code and Zoning
Map 104-23 from A (Agriculture) to R-1 (One Family Dwelling) on 137.19 acres, R-1-HD
(One Family Dwelling-Hillside Development) on 465.83 acres, R-2 (Limited Multiple Family
Dwelling) on 6.51 acres, and R-2-HD (Limited Multiple Family Dwelling-Hillside
Development) on 10.51 acres generally bounded by Rio Bravo Country Club property on the
north, Comanche Drive to the west and Breckenridge Road to the south. (GPA/ZC 04-0853)
(FR 08/17/05)
2
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12. CONSENT CALENDAR continued
Resolutions:
(Ward 1.4,6.7) k.
(Ward 1,2,3,6.7) I.
(Ward 2)
(Ward 4)
(Ward 7)
(Ward 5)
Resolutions for annexation applications proposing proceedings for annexation of uninhabited
territory to the City, identified as:
1. Annexation No. 473, consisting of 60.71 acres located west of Calloway Drive,
generally north of Snow Road.
2. Annexation No. 478, consisting of 97.35 acres located east of Calloway Drive,
generally north of Snow Road.
3. Annexation No. 486, consisting of 106.66 acres located north of Snow Road west of
Allen Road.
4. Annexation No. 487, consisting of 40.31 acres located east and west of Madison
Street, generally south of Belle Terrace.
5. Annexation No. 488, consisting of 16.7 acres located west of State Route 99, south
of McKee Road.
m.
6. Annexation No. 489, consisting of 1.68 acres located at the southwest corner of
Rosedale Highway and EI Toro Viejo, between Coffee Road and Calloway Drive.
7. Annexation No. 490, consisting of 1.9 acres located north of Brimhall Road, generally
between Verdugo Land and Jewetta Avenue.
8. Annexation No. 494, consisting of 83.29 acres located north of Snow Road, generally
west of Calloway Drive.
9. Annexation No. 509, consisting of 40.99 acres located east of Ashe Road, generally
between McCutchen Road and Taft Highway.
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for abatement of certain weeds, debris
and waste matter and authorize collection of assessments by the Kern County Tax Collector.
Rabobank Arena Video Scoreboard:
1. Resolution determining that screens for the Rabobank Arena video scoreboard
cannot be obtained through the usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore, not to exceed $663,750.00.
2. Agreement with Daktronics, Inc. ($663,750.00) to furnish and install video cubes in
the Rabobank Arena video scoreboard.
n. Amendment No. 13 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit.
o.
Resolution adding territory, Area 2-30 (Stockdale, Renfro SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 3-36 (Hughes, McKee SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
Resolution adding territory, Area 3-37 (Panama, Buena Vista NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works Director's
Report and authorizing collection of assessments by the Kern County Tax Collector.
3
p.
q.
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12. CONSENT CALENDAR continued
(Ward 6)
(Ward 4)
(Ward 5)
(Ward 5)
(Ward 4,5,6)
(Ward 4,5,6)
(Ward 4)
(Ward 2)
r.
Resolution of Intention No. 1399 to add territory, Area 3-32 (Stine, McKee SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1400 to add territory, Area 1-59 (Olive, Old Farm NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1401 to add territory, Area 3-38 (Panama, Windermere) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1402 to add territory, Area 3-39 (Gosford, Pacheco SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
s.
t.
u.
Agreements:
v.
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Lennar Homes of California Inc., for
Tract 6289 Unit 1 located north of Noriega Road and west of Allen Road.
2. Final Map and Improvement Agreements with San Joaquin Development II, for Tract
6152 Phase 2 located south of McKee Road and west of Wible Road.
3. Final Map and Improvement Agreements with Castle & Cooke California, Inc., for
Tract 6250 Unit 5 located north of Stockdale Highway and east of Allen Road.
4. Final Map and Improvement Agreements with Centex Homes for Tract 6118 Unit 7,
located south of Snow Road and west of Old Farm Road, Tract 6195 Unit 6 located
south of Snow Road and east of Allen Road, and Tract 6349 Unit 5 located north of
Panama Lane and west of Buena Vista Road.
5. Final Map and Improvement Agreements with TDB Land, LLC for Tract 6230 Unit 2
located south of Rosedale Highway and west of Froelich Street.
w. Agreement with Bakersfield Senior Center to purchase, from the City, surplus computer
equipment).
x.
Agreement with Launer & Associates for appraisal services regarding proposed Assessment
District No. 05-3 (Liberty II/Village GreenfTesoro-Encanto/Lin/Rider/Diamond Ridge).
y.
Reimbursement Agreement for Sewer Construction:
1. Agreement with Lennar Homes of California Inc., to construct a portion of Allen Road
Sewer trunk line and connect to lift station at Hageman Rd., for Tentative Tract 6289.
2. Reimbursement of $260,570.75 to Lennar Homes of California Inc., for construction
of sewer trunk line and connection to lift station.
z.
Bakersfield Museum of Art - Request for Funding:
1. Contribution Agreement with Bakersfield Museum of Art ($25,000.00) for FY 05-06.
2. Transfer $25,000.00 from Council Contingency to the Non-Departmental budget in
the General Fund.
4
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12. CONSENT CALENDAR continued
Olive Drive Interchange - 5303 Olive Drive:
1. Agreement with Baldo V. Cisneros to exchange real property.
2. Appropriate $75,000.00 fund balance within the Transportation Development Fund to
move signage and replace parking spaces.
bb. License Agreement with Kern County Water Agency for pipelines and turn-ins to the Kern
River Canal.
Agreement with Kern County Water Agency for a water supply for the City Domestic Water
System.
Amendment NO.1 to Agreement No. 05-008 with Kennedy Jenks Consultants ($125,000.00,
total not to exceed $225,000.00) for design of domestic water system hydraulic modeling for
the City Domestic Water System.
Amendment NO.2 to Agreement No. 04-281 with Nossaman, et ai, LLP ($35,000.00, total
not to exceed $125,000.00) for legal and other services regarding critical habitat
designation of Buena Vista Lake shrew.
ff. Amendment NO.1 to Agreement No. 04-282 with Safeway Sign Company ($55,000.00,
total not to exceed $110,000.00) to extend term twelve (12) months for traffic signs.
(Ward 4)
aa.
(Ward 4) cc.
(Ward 2.4,5,6) dd.
(Ward 4) ee.
Bids:
gg. Accept bid to award annual contract to L.N. Curtis and Sons (not to exceed $80,000.00) for
protective jackets and trousers for structural firefighting.
(Ward 4)
hh.
Miscellaneous:
Reject all bids for Allen Road Sewer and Street Improvement Project.
ii. Appropriate $10,433 Transient Occupancy Tax fund balance to the Non-Departmental
operating budget and authorize payment to the Convention and Visitors Bureau.
jj. Ditch Eradication and Pipeline Easement with Pavletich Electric and Communications, Inc.,
located east of Fruitvale Highway, north of Seven Seas Avenue.
(Ward 2)
kk.
Staff recommends adoption of Consent Calendar items a through kk.
Resolution in support of Amtrak passenger rail service.
(Ward 1)
a.
13. CONSENT CALENDAR HEARINGS
General Plan Amendment/Zone Change 04-1337; SmithTech/USA Inc., on behalf of Joel
Frick, et ai, has appealed the Planning Commission's decision denying their proposal for a
general plan amendment and zone change on 95 acres located south of E. Panama Lane,
approximately 2,000 feet east of S. Union Avenue and approximately 1,680 feet west of
Cottonwood Road.
1. Resolution adopting the Negative Declaration, approving a general plan amendment
request and upholding the appeal to change the land use designations from R-IA
(Resource-Intensive Agriculture) to LR (Low Density Residential) on 95 acres.
2. First Reading of Ordinance adopting the Negative Declaration, upholding the appeal
and approving the requested zone change amendment to Title 17 of the Municipal
Code and Zoning Map 124-29 changing the zoning from A (Exclusive Agriculture) to
R-1 (One Family Dwelling) on 95 acres.
Staff recommends adoption of resolution, upholding the appeal and give first reading to ordinance.
5
13. CONSENT CALENDAR HEARINGS continued
(Ward 4)
(Ward 4)
b
General Plan AmendmenUZone Change 05-0338; Marino/Associates, representing King-
Gardiner Farms, LLC, Sure Foundation Baptist Church, and Vivian Price, property owners,
has proposed a general plan amendment and zone change on 80 acres for which
annexation into the City is proposed, and cancellation of a Williamson Act Land Use Contract
on 60 of the 80 acres. The project site is located on the south side of Snow Road (future)
between Allen Road and Renfro Road (future).
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on 80 acres.
2. First Reading of Ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code from A (Agriculture) to R-1 (One Family
Dwelling) on 70 acres and from A to R-1-CH (One Family Dwelling-Church Overlay)
on 10 acres.
3. Resolution adopting the Negative Declaration and approving the cancellation of a
Williamson Act Land Use Contract on 60 acres.
Staff recommends adoption of resolutions and give first reading to ordinance.
General Plan AmendmenUZone Change 04-0671; Project Design Consultants representing
Rosedale Ranch, property owner, has proposed a general plan amendment and zone change
on 1,655 acres for which annexation into the City is proposed. A Development Agreement is
also proposed. The project site is bounded by J'h Standard Road to the north, Jenkins Road to
the east, the Burlington Northern Santa Fe (BNSF) Railroad to the west, and Kratzmeyer
Road/Olive Drive to the south.
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for GPA/ZC 04-0671/Annexation No. 499, known as the Rosedale
Ranch Project.
2. Resolution approving a general plan amendment to change the land use designation
from LMR (Low Medium Density Residential); LI (Light Industrial); and SI (Service
Industrial) to LR (Low Density Residential); LMR (Low Medium Density Residential);
HMR (High Medium Density Residential); GC (General Commercial); MUC (Mixed
Use Commercial); and LI (Light Industrial) on 1,655 acres: and approving a general
plan amendment to change the Circulation Element alignment of the future West
Beltway through the project boundaries, and the realignment of Kratzmeyer
Road/Olive Drive to the south of the site to create a new interchange with the West
Beltway.
3. First Reading of Ordinance approving an amendment to Title 17 of the Municipal
Code by prezoning to R-1 (One Family Dwelling); R-1/PUD (OneFamily
Dwelling/Planned Unit Development); R-2 (Limited Multiple Family Dwelling) R-
2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) C-1
(Neighborhood Commercial); C-2 (Regional Commercial); C-2/PCD (Regional
Commercial/Planned Commercial Development); and M-1 (Light Manufacturing) on
1,655 acres; and approving a development agreement.
Staff recommends continuance to September 28, 2005 meeting.
c.
6
(Ward 1)
(Ward 4)
(Ward 7)
(Ward 5)
14. HEARINGS
Continued Public Hearing to consider General Plan Amendment 04-2005; The City has
proposed a general plan amendment to the Circulation Element and adopting a Specific Plan
Line for the Washington Street alignment. (Continued from 8/17/05 meeting.)
1. Resolution adopting the Negative Declaration and general plan amendment to the
Circulation Element and, adoption of a specific plan line.
Staff recommends adoption of resolution and specific plan line.
a.
Continued Public Hearing to consider General Plan AmendmenVZone Change No. 04-0815;
McMillan Homes has appealed the Planning Commission's decision to deny the proposal by
Pacific Engineering, Maurice Etchechury, on behalf of James Etcheverry, et al for a general
plan amendment and zone change on 82.5 acres located along the north side of Snow
Road, generally between Allen Road and Calloway Drive. (Continued from 8/17/05 meeting.)
1. Resolution adopting the Negative Declaration and requested general plan
amendment from SR (Suburban Residential) to LR (Low Density Residential).
2 First Reading of Ordinance adopting the Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One
Family Dwelling).
Staff recommends adoption of resolution, upholding the appeal and give first reading to ordinance.
b.
c.
Continued Public Hearing to consider General Plan AmendmenVZone Change No. 04-1704;
Jimmy and Robin Tabangcora have appealed the Planning Commission's decision approving
a proposal by Gerald Almgren, Kern Delta Land Development Corp. for a general plan
amendment on 2.83 net acres and zone change on 2.04 net acres located on the east side of
Wible Road approximately 200 feet south of Berkshire Road. (Continued from 8/17/05
meeting.)
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from LMR (Low Medium
Residential) to HMR (High Medium Residential) on 2.83 net acres.
2. First Reading of Ordinance adopting the Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map 123-25 from R-1 (One Family Dwelling) to
R-2 (Limited Multiple Family Dwelling) on 2.04 acres.
Staff recommends adoption of resolution, denying the appeal and give first reading to ordinance.
Hearing to consider appeal by The Sierra Club of the Planning Commission's decision
approving Vesting Tentative Tract 6328 and the Negative Declaration, located on the
southwest corner of Panama Lane and Mountain Vista Road. (SmithTech USNSubdivider:
Lennar Homes)
1. Resolution upholding the decision of the Planning Commission approving Vesting
Tentative Tract 6328, located on the southwest corner of Panama Lane and Mountain
Vista Road, and, denying the appeal by the Sierra Club.
Staff recommends adoption of resolution and denying the appeal.
d.
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14. HEARINGS continued
(Ward 5,6)
e.
General Plan Amendment/Zone Change 04-0057/Williamson Act Contract Cancellation;
George B. Martin, representing Golden Empire Concrete and Structure Cast, has appealed
Planning Commission's decision to approve proposal by Quad Knopf, Inc., on behalf of
Gosford-Panama Partners, LLC for a general plan amendment with concurrent zone change,
Williamson Act Contract Cancellation for property located south of Panama Lane to
McCutchen Road, west of Gosford Road to Progress Road for the purposes of developing a
mixed use development in the City.
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for GPA/ZC 04-0057/Annexation No. 440, known as Gosford-Panama
annexation.
2. Resolution making findings approving a general plan element amendment to change
the land use designation from R-IA (Resource-Intensive Agriculture) and SI (Service
Industrial) to MC (Major Commercial), GC (General Commercial), LI (Light Industrial),
LR (Low Density Residential), LMR (Low Medium Density Residential), and HMR
(High Density Residential) on approximately 300 acres and circulation element
amendment to eliminate the Collector designation of Progress Road between
Panama Lane to McCutcheon Road.
3. First Reading of the Ordinance approving an amendment to Title 17 of the Municipal
Code and changing Zone Map 123-29 by changing the zoning from A (Agriculture) to
M-1 (Light Manufacturing), R-1 (One Family Dwelling), R-2 (Limited Multiple Family
Dwelling), MH (Mobile Home) and C-2/PCD (Regional Commercial/Planned
Commercial Development) zones on approximately 300 acres.
4. Resolution making findings, approving the cancellation of land use restrictions of a
land conservation contract (Williamson Act) on approximately 300 acres.
Staff recommends adoption of resolutions, denying the appeal and give first reading to ordinance.
15. NEW BUSINESS
(Ward 1)
a.
Memorandum of Understanding between the City and the Bakersfield Redevelopment Agency
for the sale of 1,280 surplus acres of City property commonly known as the 5,000 Acre
Southeast Farm (City Farm).
Staff recommends approval of Memorandum of Understanding.
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
/i j~L ~
AVa;; ~n~v", .pv If(
City Manager
09/01/0511 :20am
8
AGENDA HIGHLIGHTS
SEPTEMBER 7, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
WORKSHOPS
Alan Tandy, City Manager and Raul Rojas, Public Works Director will give a report introducing the
Bakersfield projects that were funded in the recently approved Federal Transportation Projects
(Project 787).
CLOSED SESSION
There will be a conference with legal counsel regarding one case of existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
APPOINTMENTS
There will be one appointment to the Planning Commission to be made by Vice Mayor Maggard.
CONSENT CALENDAR
Resolutions
Item 12m. Resolution Authorizina the Finance Director to Disoense with the Formal Biddina
Process to Purchase a Video Scoreboard for the Arena in an amount not to exceed $663.750.
The existing video scoreboard requires constant repair due to age and is therefore in need of an
upgrade. Technological advances call for replacement of the video cubes with larger Light
Emitting Diode (LED) screens that produce a better picture quality and are lighter in weight. This
scoreboard was designed and installed by Daktronics, Inc. Only Daktronics, Inc. can provide the
size of LED screens large enough to produce video viewing of maximum size. Staff recommends
approval of an agreement with Daktronics, Inc. to furnish and install the video cubes.
Aareements
Item 12z. Contribution Aareement with the Bakersfield Museum of Art for FY 2005-06 in the
amount of $25.000. The agreement provides for payments to the Bakersfield Museum of Art in
support of their visual arts outreach through the "Art Smart" program and to expand the "Museum
on the Move" mobile museum. The Budget and Finance Committee reviewed the proposal and
recommends funding of $25,000 from Council Contingency towards these programs. This is
consistent with previous funding levels for the Museum of Art.
Bids
Item 12hh. Reiect All Bids for Allen Road Sewer and Street Imorovement Proiect. This new
Sewer Trunk Line project would run along a portion of Allen Road (Rosedale Highway to Noriega
Road) that is in the jurisdiction of Kern County. In coordinating the project with County Staff, the
County has identified a stretch of Allen Road that can be improved by widening the roadway and
Agenda Highlights
September 7, 2005
Page 2
adding curb and gutter. The stretch of roadway within the project that will be widened is Allen
Road between Rosedale Highway and Meacham Road. Two bids were received and both
exceeded the Engineer's estimate. Staff recommends rejecting the bids to allow staff to re-
evaluate the project, which may include separating segments.
Miscellaneous
Item 12ii. ADDroDriate $10.433 Transient OccuDancv Tax Fund Balance to the Non-DeDartmental
QDeratina Budaet. and Authorize Pavment to the Convention and Visitors Bureau. The contract
with the Convention and Visitors Bureau (CVB) commits the City to pay 11 % of the Transient
Occupancy Tax (TOT) for the fiscal year that services are received. Because total revenues are
not known until after June 30th, payments were advanced that were based on a budgeted amount
of $6.5 million. The actual revenues received for FY 2004-05 were $6,594,845. Therefore, the
CVB is due $10,433, which equals 11% of the $94,845 difference between the budgeted and
actual TOT revenues.
CONSENT CALENDAR HEARINGS
Item 13a. Hearina to Consider an ADDeal by SMITHTECH/USA. INC.. on behalf of Joel Frick. et.
al.. to the Plannina Commission's Decision to Deny their ProDosal for a General Plan Amendment
and Zone Chance on 95 Acres Located South of East Panama Lane. ADDroximately 2.000 Feet
East of South Union Avenue and ADDrOximately 1.680 Feet West of Cottonwood Road. This
project was originally scheduled for a public hearing before the City Council on March 30, 2005.
Council deferred the hearing to the May 11th meeting, then again until September yth. The primary
issue, now resolved, was potential conflicts between proposal and the Airport Land Use
Compatibility Plan.
The proposal was to change the land use and zoning for the entire 95 acres. However,
approximately 30 acres of the site are impacted by the Airport Land Use Compatibility Plan which
influences land use proximate to the Bakersfield Municipal Airport. Because the northern portion of
the site (30 acres) is located within the Airport Land Use B-2 Zone, which generally does not permit
residential development, the request to rezone that portion was denied by the Planning
Commission. That decision was appealed by the applicant.
In the nine months since the Planning Commission meeting, both the applicant and staff
researched the issue. It was found that in 1994, a section was added to the California Aeronautics
Act which changed the space limit for which residential development was restricted from within
10,000 feet of the runway to within 7,000 feet of the runway. The applicant's entire project is
located further than 7,000 feet from the end of the runway. As there no longer appears any reason
to not support this request based on public safety considerations, staff recommends upholding the
appeal.
Item 13b. Hearina to Consider a General Plan Amendment and Zone Chanae on 80 Acres
Located on the South Side of Snow Road (Future) between Allen Road and Renfro Road (Future)
for which Annexation is ProDosed. and Cancellation of a Williamson Act Land Use Contract on 60
of the 80 Acres. Marino/Associates representing King-Gardiner Farms LLC, Sure Foundation
Baptist Church, and Vivian Price, the property owners, propose development of approximately 285
single-family residential units and a Church subsequent to annexation.
Policy C.14. of the Conservation Element of the Metropolitan Bakersfield General Plan requires the
decision making body to evaluate ten factors to determine the appropriateness of agricultural
Agenda Highlights
September 7, 2005
Page 3
conversion proposals. These factors have been analyzed in an Agricultural Land Evaluation and
Conversion Assessment prepared for this project by WZllnc. The conclusion of the assessment is
that conversion of the property to urban uses is a less than significant impact, which staff and the
Planning Commission concur with. Cancellation of the Land Use Contract on the 60 acres that are
within the project site can be accomplished by paying the deferred taxes to the County Treasurer
as a cancellation fee.
The Planning Commission conducted a public hearing regarding this matter on June 16, 2005 and
recommended approval. The Sierra Club provided testimony and a letter addressing their usual
concerns. Staff recommends approval of the amendment.
Item 13c. Hearinc to Consider a General Plan Amendment and Zone Chance on 1.655 Acres
Located at 7'h Standard Road to the North. Jenkins Road to the East. the Burlincton Northern
Santa Fe ŒNSF) Railroad to the West. and Kratzmever Road/Olive Drive to the South. The
proposal by Rosedale Ranch, property owner, is to allow for the development of a new master
planned community, including single- and multi-family residential, recreational, school, commercial,
and industrial land uses on approximately 1,655 acres of land.
Urban development of the project site has been planned for many years, beginning with the
adoption of the Rosedale Community General Plan and the Western Rosedale Specific Plan
(WRSP) by the County of Kern in 1980 and 1994, respectively. Subsequently, an amendment to
the WRSP covering approximately 6,536 acres, inclusive of the project site, was adopted by the
County in 1996. These plans were subsequently incorporated into the County of Kern General
Plan, and most recently into the Metropolitan Bakersfield General Plan adopted jointly by the
County and the City. It is notable that the adopted land use plan for the project area is significantly
more intense than the current proposal.
The Planning Commission conducted a public hearing on July 7, 2005 and recommended approval
of the project and EIR to the City Council. The Sierra Club provided testimony against the project,
but all others who provided testimony were in support of the proposal.
A Development Agreement which sets forth the developer's financial responsibilities in return for
the ability to proceed with the project in accordance with the existing policies, rules, and
regulations is proposed. At the request of the applicant, this item will be continued to the
September 28, 2005 meeting so that the applicant can further review this proposed Agreement.
HEARINGS
Item 14a. Continued Public Hearina reaardina a General Plan Amendment to the Circulation
Element and Adoption of a Specific Plan Line for the Washinaton Street Alianment. The Public
Works Department requested the change to the Washington Street alignment to address issues
with an existing golf course and provide a distinct separation between urban development and the
Waste Water Treatment Plant. This item was continued from the August 17th meeting because of
issues regarding street improvement costs. Staff was to meet with an affected property owner to
clarify the costs. To date, they have not been successful in contacting the citizen. As a result, staff
recommends continuing the hearing until contact can be made.
Item 14b. Continued Public Hearinc to Consider a General Plan AmendmentiZone Chance on
82.5 Acres Located Alonc the North Side of Snow Road. Generallv Between Allen Road and
Callowav Drive. This item was continued from the August 17'h meeting in order to permit the
applicant the opportunity to address issues identified by the adjacent property owners. The
Agenda Highlights
September 7, 2005
Page 4
applicant has indicated that they will begin meetings with the Councilperson and neighborhood the
week of August 29, 2005. The proposal is to allow the development of single-family dwellings on
lots with a minimum size of 6,000 square feet. After considerable public debate, the Planning
Commission recommended denial of the case. The applicant appealed that decision. Staff
recommends upholding the appeal.
Item 14c. Continued Public Hearino to Consider a General Plan Amendment on 2.83 Net Acres
and Zone Chanoe on 2.04 Net Acres Located on the East Side of Wible Road. Accroximatelv 200
Feet South of Berkshire Road. This project was continued from the August 17'h meeting to allow
staff time to address several issues raised at the public hearing and correspondence received from
Richard Harriman on behalf of the Wible Road Action Group. Responses to Mr. Harriman's
questions are being prepared by the applicant's attorney and will be available to the City Council
on the date of the meeting. The proposal is to change the land use designation from LMR (Low-
Medium Density Residential to HMR (High-Medium Density Residential). The Planning
Commission recommended approval. Jimmy and Robin Tabangcora appealed that decision. Staff
recommends denying the appeal.
Item 14d. Hearino to Consider an Acceal bv the Sierra Club to the Plan nino Commission's
Decision to ACDrove Vestino Tentative Tract 6328. Located on the Southwest corner of Panama
Lane and Mountain Vista Road. On May 19, 2005, the Planning Commission approved Vesting
Tentative Tract 6328 containing 289 lots for purposes of single-family development and 1 sump lot
on 79.83 acres, zoned R-1 (One Family Dwelling) including a request for alternate lot design, and
to waive mineral rights signatures pursuant to BMC 16.20.060 A.1. The Sierra Club filed an appeal
to the Commission's decision on their usual grounds. Staff recommends denying the appeal.
Item 14e. Hearino to Consider an Acceal bv Georoe B. Martin. recresentino Golden Emcire
Concrete and Structure Cast to the Plannino Commission's Decision to Accrove a General Plan
Amendment/Zone Chanoe and Williamson Act Contract Cancellation for Procertv Located South of
Panama Lane to McCutchen Road. and West of Gosford Road to Prooress Road. QUAD KNOPF
INC., for Gosford-Panama Partners, LLC., proposes to construct a mixed-use development
consisting of commercial uses (55 acres) at the southwest corner of Gosford and Panama Lane,
light industrial uses (19.5 acres) south of the concrete batch plant east of Progress Road, multiple-
family uses (62.9 acres) south of the light industrial area and single-family uses (143 acres) near
the southern portion of the site, and another commercial area (9 acres) at the northwest corner of
McCutchen and Gosford Roads. The Circulation Element is to eliminate Progress Road between
Panama Lane and McCutchen Road as a Collector segment on the Circulation Map. This will
allow the development of Progress Road as a local street. The proposal complies with the General
Plan's criteria.
The Planning Commission recommended approval of the project and EIR on July 7, 2005. That
decision is being appealed based on the opinion that there is not proper buffering space between
the industrial properties to the south of the site and the residential property to the north of
McCutchen Road. Two other property owners, plus the Sierra Club spoke in opposition to the
project. Proposed mitigation measures are detailed in the administrative report.
The Department of Conservation opposes the cancellation of the land conservation contract
(Williamson Act). The Department does not agree with the three of the findings made by City staff:
1) removal of adjacent land from agricultural use is unlikely; 2) discontiguous patterns of urban
development will not result if the project site is left in the contract; and 3) there is no proximate
noncontiguous land available for the project development.
Agenda Highlights
September 7, 2005
Page 5
NEW BUSINESS
Item 158. Memorandum of Understandino (MOU) between the City of Bakersfield and the
Bakersfield Redevelopment Aoencv for the Sale of 1,280 Surplus Acres of City PropertY Commonlv
Known as the 5,000 Acre Southeast Farm. The purpose of this MOU is to provide a legal means
to explore the possibility of a gain on land long held in the City's ownership which may have
appreciated in value. The property under consideration is currently being utilized as part of a
5,OOO-acre farm and is essentially raw land upon which partially treated wastewater is spread and
further treated through the growing of plants. If this property is sold, it will be necessary to replace
the lost capacity either through a subsequent replacement land purchase or by providing an
upgrade of the sewer plant to include tertiary treatment. This land is located in an area in the
southeast part of town and is experiencing rapid encroachment of urban uses.
Staff has determined that a unique opportunity exists for redevelopment of this property through a
joint venture with the Redevelopment Agency. The venture would allow the City to sell the
property to the Agency, generate enough funds to meet the current and future sewer capacity
needs and also provide funds that could be used by the City at its discretion. Certain conditions
must be met, which are outlined in the administrative report and MOU.
Community Redevelopment Law does provide for authority of an agency to operate outside the
project area under certain circumstances. An agency, at the request of the legislative body of the
community, may accept a conveyance of real property (located within or outside of a survey area)
owned by a public entity and declared surplus by the public entity or owned by a private entity.
The Legislation and Litigation Committee considered this item on August 31$" and recommended
that the item be forwarded to the City Council without recommendation. The Redevelopment
Agency will be considering the MOU on September 12th.
Approved: ~
Alan Christensen,
Assistant City Manager
cc: Department Heads
Rhonda Smiley, Public Relations
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Workshop
ITEM: 2>.0..
TO:
FROM:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/¥/
DATE:
August 29, 2005
SUBJECT: Report on Federal Transportation Projects (Project 787). (Staff presentation by A/an Tandy,
City Manager and Rau/ Rojas, Public Works Director)
RECOMMENDATION: Staff recommends acceptance of the report.
BACKGROUND: Staff will present a report introducing the Bakersfield projects that were funded in the
recently approved Federal Transportation Bill.
PW tw . Rev: 8/29/2005 3:21:13 PM
G:\GROUPDA T\ADMINRP1\2005\09-07\Highway Workshop.doc
ADMINISTRATIVE REPORT'
MEETING DATE: September 7, 2005
AGENDA SECTION: Closed Session
ITEM: l.j,o.,.
TO:
FROM:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DATE:
August 26, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
W-
¿/G--
1ft;
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
Michael L. Kephart, etc. v. City of Bakersfield, et a/.
USDC, Eastern District, Case No. CV-F-03-5331 OWW TAG
VG:do
S :\COU NeiL \CI SesslAdmins\05-06\09-07 -05Existlit.doc
August 26. 2005. 3:14PM
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Presentations
ITEM: ~.o..
CITY A HORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
DATE:
Mayor Harvey L. Hall
August 19, 2005
DEPARTMENT HEAD
FROM:
.Æ"
SUBJECT: Presentation by Mayor Hall of Proclamation to General James Whitehead, Retired,
Chairman of the Board of the Fox Foundation, proclaiming September 7, 2005, as "Fox
Theater Day".
RECOMMENDATION:
BACKGROUND:
ndw
August 17, 2005, 1 :52PM
S:IMAYORIADMINIFOX THEATER DAY.dot
....-----
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ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Presentations
ITEM: C\. b,
DATE:
Mayor Harvey L. Hall
August 19, 2005
DEPARTMENT HEAD
TO: Honorable Mayor and City Council
FROM:
CITY ATTORNEY
1/7
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to KC the Bull and a member of the Kern
County Fair Board of Directors, proclaiming September 21st through October 2"d, 2005, as
"Kern County Fair Days".
RECOMMENDATION:
BACKGROUND:
ndw
August 19, 2005, 12:22PM
S:IMAYORIADMINIKERN COUNTY FAIR DAYS.DOC
--.--..---.-- , .,....-.-. -..- ._....._~_.".-
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Appointments
ITEM: I\. CÅ .
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
August 18, 2005
CITY ATTORNEY
CITY MANAGER
Pamela A. McCarthy, City Clerk
DEPARTMENT HEAD e
SUBJECT: One appointment to the Planning Commission due to the expiration of term of David Gay,
whose term expired April 30, 2005. (Ward 3)
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Planning Commission due to the expiration of term of David Gay. The
news release for this recruitment was posted on March 16 and July 6, 2005.
Applications for appointment have been received from the following:
· Russell Johnson
· Curtis C. Bond
· Philip Lloyd Ryall
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of nomination.
In accordance with this ordinance, the appointment shall be made by the Councilmember of Ward 3.
The Planning Commission is an advisory body to the City Council. It is composed of seven (7) regular
members, nominated by the Councilmember of the ward which corresponds with the commission vacancy.
Additionally, Planning Commission members must be residents of the City throughout their four year
terms, but not of a specific ward of the nominating Council member.
August 18, 2005, 4:44PM
S:IBds&CommIPLANNINGIADMIN Sept 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: I~,o...
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
July 8, 2005
APPROVED
DEPARTMENT HEAD~'"rI Pt.\!
CITY ATTORNEY
lie-
TO:
FROM:
CITY MANAGER
SUBJECT: Approval of minutes of the August 17, 2005 Council meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: l.:l.b.
APPROVED
DEPARTMENT HEAD ~"'5
CITY ATTORNEY 7,ìv ~ ,emS-..
CITY MANAGER &/
SUBJECT: Approval of department payments from August 5, 2005 to August 25, 2005 in the amount of
$11,694,730.09 and self insurance payments from August 5, 2005 to August 25,2005 in
the amount of $180,969.87.
Honorable Mayor and City Council
TO:
FROM:
Nelson K. Smith, Finance Director
DATE:
August25,2005
RECOMMENDATION:
Staff recommends approval of payments totaling $11,875,699.96.
BACKGROUND:
klg
August 25, 2005, 1 :45PM
S:IKimGIForms & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent
ITEM: ¡;;ì, C,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
APPROVED
August 19, 2005
CITY ATTORNEY
CITY MANAGER
~
¡/~
~
DEPARTMENT HEAD
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone
Map No. 104-17) of Title Seventeen of the Bakersfield Municipal Code by changing the
zoning from an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development)
zone on 100.16 acres located on the southwest corner of Panorama Drive and
Masterson Street (ZC 05-0298). (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading on August 17, 2005.
On July 7,2005, the Planning Commission held a public hearing and recommended approval of
this zone change to allow a single family residential development located on the southwest
corner of Panorama Drive and Masterson Street in the City in the Hills development. The
development includes 421 lot single family lots with a 0.95 acre private recreation area, several
lettered lots for a landscaped paseo extending south from the private park through the project.
The private recreation area consists of a swimming pool, spa, rest rooms and landscaped area.
The net density is 5.55 units per net acre, which is consistent with the Low Density Residential
designation of the project site. The streets are proposed to be constructed to City standard and
be publicly maintained.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
A concurrent tentative tract map (#6498) was approved by the Planning Commission on July 7,
2005 that reflects the plan proposed by this PUD zone change.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. A negative declaration was prepared in accordance with
CEQA. Mitigation measures included in the conditions of approval that reduce the following
impacts to less than significant: air quality, aesthetic, biological resources, cultural resources,
hazardous materials, stormwater drainage, and water impacts.
JE admin\9-7-029B-2nd
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY I/~
DATE:
August 19, 2005
CITY MANAGER
Iþ
SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map 124-29 from A (Agriculture) to E (1 acre minimum) on 33 acres and
from R-S (Residential Suburban) and E (Estate One Family Dwelling) to R-1 (One Family
Dwelling) on 67 acres, located on the east side of South Union Avenue, north and south of
East Berkshire Road (Project Design Consultants, representing Lenox Homes, the property
owner) (ZC 04-1570). (Ward 1 upon annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on August 17, 2005.
This amendment would permit the development of single-family residential units on the 100-acre
site. The general area is transitioning to be developed in the City limits with single-family
residential units. The Planning Commission conducted public hearing(s) on this Zone Change and
recommended City Council approval on June 16, 2005. No one was in opposition to the request
and the applicant agreed to all conditions and mitigation for the project. There were no agencies in
opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 12,
2005, in accordance with CEQA.
PH
Admin\9-7 -1570-2nd
-,...._,-~
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent
ITEM: I;;).. e..
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY P"¡:
CITY MANAGER ,/!-r:
SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family Dwelling) zone
on 17 acres, located along the north side of East Berkshire Road, generally east of South
Union Avenue. SmithTech/USA Inc., representing Jean Ollivier, Et AI, the property owner.
(ZC 04-1763). (Ward 1 upon annexation)
FROM:
Stanley C. Grady, Development Services
DATE:
August 16, 2005
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council heard first reading on August 17, 2005.
This amendment would permit the development of single family residential units on the 17 acre
site. The general area is transitioning to be developed in the City limits with single family
residential units. The Planning Commission conducted public hearing(s) on this Zone Change and
recommended City Council approval on June 16, 2005. No one was in opposition to the request
and the applicant agreed to all conditions and mitigation for the project. There were no agencies in
opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 6,
2005, in accordance with CEQA.
MO
AdminlseptI9-7-1763
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGEN~~ SECTION: Consent
ITEM: I;,¡,. f.
TO:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
APPROVED
DATE:
August 19, 2005
CITY ATTORNEY
CITY MANAGER
~
t/?
k
FROM:
DEPARTMENT HEAD
SUBJECT: An ordinance approving the Negative Declaration and amending Title 17 of the Municipal
Code and Zoning Map 102-06 from A (Agriculture) to R-1 (One-Family Dwelling) on 80.24
acres, located at the southeast corner of Seventh Standard Road and Jewetta Avenue
(future) SmithTech/USA, Inc., representing Michel Etcheverry, the property owner (ZC 04-
1766). (Ward 4 upon annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on August 17, 2005.
This amendment would permit the development of single-family residential units on the 80.24-acre
site. The general area is transitioning to be developed in the City limits with single-family
residential units. The Planning Commission conducted public hearing(s) on this Zone Change and
recommended City Council approval on June 16, 2005. No one was in opposition to the request
and the applicant agreed to all conditions and mitigation for the project. There were no agencies in
opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a negative declaration was prepared and posted on May 16,
2005, in accordance with CEQA.
PH
Admin\9-7-1766-2nd
.....-_...._--_.-_._~~.,.._._-_._..._--"-_.
----,
ADMINISTRATIVE REPORT
MEETING DATE: Sept. 7, 2005
AGENDA SECTION: Cøn~
ITEM: \~.
TO:
FROM:
Honorable Mayor and City Council
Development Services - Planning
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
5v-
DATE:
August 19, 2005
y~
/Ie
SUBJECT: An ordinance adopting the Negative Declaration and approving the request to amend
Title 17 of the Municipal Code from R-3 (Limited Multiple Family Residential) on 10.17
acres, and R-3-MH (Limited Multiple Family Residential)-Mobile Home) on 1.82 acres to
R-1 (One Family Dwelling) zone located on the south side of Panorama Drive,
approximately 1/2 mile east of Fairfax Road (The Keith Companies, representing
Panorama Highlands Development). (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on August 17, 2005.
The related General Plan Amendment # 05-0535, which amended the land use designation of
the 12 acres from HR (High Density Residential) to LR (Low Density Residential), was approved
by the Council on August 17, 2005. The subject property is located on the south side of
Panorama Drive, approximately 1/2 mile east of Fairfax Road.
The Planning Commission conducted public hearing on this Zone Change and recommended
approval to the City Council on June 16, 2005. One letter was submitted in opposition.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a negative declaration was prepared and
posted on May 20, 2005, in accordance with CEQA.
Jeng
Admin\9-7-0535-2nd
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent
ITEM: 1;1. h,
TO:
Honorable Mayor and City Council
APPROVED
FROM:
DATE:
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD xr--
August 19, 2005 CITY ATTORNEY t/'-
CITY MANAGER
tft-
.
SUBJECT: An ordinance adopting the Negative Declaration and approving the request to amend
Title 17 of the Municipal Code and Zoning Map No. 123-30 changing the zoning at
time of annexation from County A (Agriculture) to R-1 (One Family Dwelling) on 41.89
acres located on the southeast corner of Panama Lane and Buena Vista Road
(SmithTech USA, Inc. representing Kevin Pascoe) (ZC 04-1764). (Ward 5)
RECOMMENDATION:
Staff recommends adoption the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on August 17, 2005.
This site is in the process of being annexed to the City of Bakersfield. The City will serve the
site with sewer. California Water Service boundary will need to be expanded south (across
Panama Lane) to incorporate the project. California Water Service has indicated they can
serve the project.
The project site is located south of an area that is being rapidly developed with single family
residential. There are six active tentative tracts within y" mile. To the north, across Panama
Lane, are vacant land (zoned C-2) and a developing residential neighborhood. Buena Vista
Elementary School and agricultural land is located to the west (across Buena Vista Road).
The agricultural land surrounding Buena Vista School is part of a 1,853 acre project currently
proposed to be annexed (Old River 3 - Annexation #498) and comprehensive general plan
amendment and zoning. An EIR is being prepared for the project. To the south is the Grimway
Estate (40 acres) which is designated R-IA and is zoned A (Agricultural) in the county. To the
east is pre-zoned R-1 (One-Family Dwelling) property in the process of being annexed
(Panama 15 - Annexation #479) and contains Tentative Tract 6368. Approximately 35 acres
of the project area is currently under cultivation. The remaining property contains two houses
with accessory structures located at the northeast corner of the site, proposed to be removed.
ADMINISTRATIVE REPORT
Page 2
A letter was received from Barbara Grimm-Marshall and Darcy Marshall regarding concerns
about road improvements to Panama Lane and Buena Vista Road, landscaping/streetscaping
and the effects improvements immediately adjacent to their property will have on their
property. A Council Referral (#Ref001176) was sent to the City Manager by James Movius,
Planning Director, to address the issues raised. The applicant has indicated they have been in
discussion with Barbara Grimm-Marshall and Darcy Marshall and have negotiated an oral
agreement between them.
D2
Admini\9-7-1764·2nd
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent
ITEM: I'" .
"",. J.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD r
August 19, 2005 CITY ATTORNEY t/&.-
CITY MANAGER
¢:-
.
SUBJECT: An ordinance amending Section 17.06.020 (Zone Map No. 104-20) of Title Seventeen
of the Bakersfield Municipal Code by changing the zoning from an OS (Open Space)
zone to an R-1 (One Family Dwelling) zone on 2.7 acres located between State Routes
178 and 184, east of Vineland Road and denying the appeal. (File No. 03-1188)
(Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading on August 17, 2005. Also, on August 17, 2005, the City
Council certified the Eagle Meadows EIR, approve related General Plan Amendment #03-1188,
and Tentative Tract 6352 located between State Routes 178 and 184, east of Vineland Road.
The appeal by the Sierra Club was denied by the Council.
David Pitcher, representing Eagle Meadows, requested the zone change to facilitate
development of Tentative Tract 6352, which is a single family residential subdivision consisting
of a total of 483 residential lots and 6 open space lots on 156 acres.
In accordance with CEQA, an Environmental Impact Report was prepared for the project. All
impacts except for noise have been avoided or reduced to less than significant with
incorporation of mitigation measures shown in the attached conditions of approval. The disk
containing the Eagle Meadows EIR has been previously duplicated and provided to Council.
Hard copies of the EIR are available at the Clerks Office.
Adoption of a Statement of Overriding Considerations for two noise impacts is recommended.
First, noise generated by car racing activities at nearby Mesa Marin Raceway can not be
mitigated to less than significant. Reduction in raceway noise is the responsibility of the
raceway, and that raceway noise reduction is most effective when applied closest to the source
(which is the raceway). The City Council required certain noise mitigation on the raceway when
the CUP was extended for Mesa Marin in 1995. In addition, the Council adopted the following
finding:
ADMINISTRATIVE REPORT
Page 2
"The continued use of a higher noise standard for the racing facility shall
not place an added burden on adjacent property owners in attempting to
develop projects in accordance with the municipal standards." (City
Council Resolution No. 70-95)
The second noise impact concerns traffic noise impacts that may occur outside the project site
due to increases in project related traffic on nearby roads. The increase in traffic noise will occur
when traffic from the project is added to the current relatively low traffic volumes. The two
locations affected by higher noise levels are along SR 184, between Masterson and Vineland;
and SR 178, between Fairfax and Masterson.
CONCLUSION:
Mitigation measures are listed as conditions of approval that either avoid the impact or reduce
the impact to less than significant. Unavoidable impacts which cannot be reduced to less than
significant levels through mitigation measures remain for noise from Mesa Marin Raceway, and
long-term traffic noise. Certification of the Eagle Meadows EIR, the mitigation measures and
accompanying mitigation monitoring program, and adoption CEQA Findings per Section 15091
and Statement of Overriding Considerations per Section 15093 have bee in accordance with
CEQA Guidelines.
Staff recommends adoption of the ordinance.
Jen9
Admin\9-7-11BB-2nd
~ ._-_._-,-_.,--~ ._----_.~. ._,-~-~._~".~.,-- --.- -..-,
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent
ITEM: \J.,'.
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD 5('----
August 22, 2005 CITY ATTORNEY V¡;!!-
CITY MANAGER k
TO:
FROM:
SUBJECT: An ordinance amending section 17.06.020 (Zoning Map 104-23) of Title Seventeen of
the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to R-1 (One
Family Dwelling) on 137.19 acres and R-1-HD (One Family Dwelling - Hillside
Development) on 465.83 acres and R-2 (Limited Multiple Family Dwelling) on 6.51 acres
and R-2 -HD (Limited Multiple Family Dwelling - Hillside Development) on 10.51 acres
generally bounded by the Rio Bravo Country Club property on the north, with Comanche
Drive located to the west, and Breckenridge Road to the south (Zone Change No. 04-
0853). (Ward 3)
RECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
The City Council held first reading on August 17, 2005. Also, on August 17, 2005, the City
Council certified the Rio Bravo #3/GPA/ZC 04-0853 EIR, approved related General Plan
Amendment #04-0853 generally bounded by the Rio Bravo Country Club property on the north,
with Comanche Drive located to the west, and Breckenridge Road to the south.
The zone change and corresponding General Plan Amendment and annexation would allow the
development of up to 1,300 single and multiple family residential units at buildout. This project
also includes consideration of annexation of the approximately 617 acre project site into the City
of Bakersfield. The proposed project is situated within the City's current Sphere of Influence
boundary.
The project includes a Land Use Element Amendment to modify the General Plan designation
from R-EA (Resource - Extensive Agriculture) to LR (Low Density Residential) and LMR (Low
Medium Density Residential). The proposed Land Use Element Amendment will also
accommodate a future park site with adjacent fire station anticipated to be located on Chase
Avenue in the northwestern portion of the site. The proposed park site and adjacent fire station
will be developed according to applicable General Plan guidelines, existing ordinances and
standards.
._-_.~._-'
ADMINISTRATIVE REPORT
Page 2
The Circulation Element Amendment will result in the elimination of one unnamed collector
street segment extending from Chase Avenue within the Project site and the reclassification of a
separate unnamed collector street extending from Miramonte Drive connecting to the Rio Bravo
Country Club, to a local street designation.
The concurrent zone change is from A (Agriculture) to R-1 (One Family Dwelling) and R-1-HD
(One Family Dwelling - Hillside Development Overlay) on 600-acres and R-2 (Limited Multiple
Family Dwelling) and R-2-HD (Limited Multiple Family Dwelling - Hillside Development Overlay)
on 17-acres.
The proposal provides a logical extension for residential development in the southern portion of
the City of Bakersfield. The General Plan encourages the orderly outward expansion of new
urban development that maintains continuity of existing development and allows incremental
expansion of infrastructure and public services. The proposal complies with the General Plan's
criteria. The general area is being developed with urban uses.
Gordon Nipp, representing the Sierra Club spoke in opposition to the project at the Planning
Commission hearing. His concerns included cumulative air quality, biota and traffic. The EIR
addressed these issues and found them to be less than significant. Responses to the Sierra
Club's concerns are contained in the "Responses to Comments" Section of the EIR.
The Conditions of Approval for this Zone Change have been changed to reflect changes
recommended at the August 17, 2005 City Council hearing.
CONCLUSION:
Mitigation measures are listed as conditions of approval that either avoid the impact or reduce
the impact to less than significant. Unavoidable impacts which cannot be reduced to less than
significant levels through mitigation measures remain for aesthetics. Certification of the Rio
Bravo #3/GPA/ZC 04-0853 EIR, the mitigation measures and accompanying mitigation
monitoring program, and adoption of CEQA Findings per Section 15091 and Statement of
Overriding Considerations per Section 15093 are in accordance with CEQA Guidelines.
LP
Admin\!'>-7 -0853-2nd
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent
ITEM: la.,k.
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
August 16, 2005
APPROVED
DEPARTMENT HEAD '7'f/'
CITY ATTORNEY t/?
CITY MANAGER /Ir_
TO:
FROM:
SUBJECT: Resolutions for Annexation Applications proposing proceedings for annexation of
uninhabited territory to the City of Bakersfield as identified as:
1. Annexation No. 473, consists of 60.71 acres, located west of Calloway Drive,
generally north of Snow Road. (Ward 4)
2. Annexation No. 478, consists 97.35 acres, located east of Calloway Drive,
generally north of Snow Road. (Ward 4)
3. Annexation No. 486, consists of 106.66 acres, located north of Snow Road, west
of Allen Road. (Ward 4)
4. Annexation No. 487, consists of 40.31 acres, located east and west of Madison
Street, generally south of Belle Terrace. (Ward 1)
5. Annexation No. 488, consists of 16.7 acres, located west of State Route 99,
south of McKee Road. (Ward 7)
6. Annexation No. 489, consists of 1.68 acres, located at the southwest corner of
Rosedale Highway and EI Toro Viejo, between Coffee Road and Calloway Drive.
(Ward 4)
7. Annexation No. 490, consists of 1.9 acres, located north of Brimhall Road,
generally between Verdugo Lane and Jewetta Avenue. (Ward 4)
8. Annexation No. 494, consists of 83.29 acres located north of Snow Road,
generally west of Calloway Drive. (Ward 4)
9. Annexation No. 509, consists of 40.99 acres, located east of Ashe Road,
generally between McCutchen Road and Taft Highway. (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the resolutions.
ADMINISTRATIVE REPORT
Page 2
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to
the City of Bakersfield. The proposed annexations are identified as Annexation No. 473
containing 60.71 acres, Annexation 478 consisting of 97.35 acres, Annexation 483
containing 97.49 acres, Annexation No. 486 containing 106.66 acres, Annexation No. 487
consisting of 40.31 acres of land, Annexation No. 489 consisting of 1.68 acres, Annexation
No. 490 containing 1.9 acres, Annexation No. 494 containing 83.29 acres and Annexation
No. 509 contains 40.99 acres of land. Each annexation is adjacent to the City limits and all
are within the City's Sphere of Influence boundary.
The property owners of each area have 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
Admin\9-7-roa
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent
ITEM 1.;l..I.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Development Services - Building
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
August 19, 2005
SUBJECT: A Resolution of the Council of the City of Bakersfield 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 of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Wards 1, 2, 3, 6 and 7)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on August 8, 2005, by the Assistant City Manager
and all proposed charges were confirmed. The subject properties listed below were in violation of
Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned
dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds,
debris and waste matter. The property owners were notified and failed to comply with the notices to
abate such public nuisance. After a hearing duly noticed and held before the Building Director, the
Director issued orders requiring the property owner to abate the public nuisance. The subject
properties are listed as follows:
PROPERTY LOCATION
APN
COST
Ward 1/Councilmember Carson
1. 221 Brown St.
2. 420 Brown St.
3. 1022 Brown St.
4. 316 Chester Ave.
5. 1810 Clarendon St.
6_ 505 S. Haley St.
7. 501 L St.
8. 907 Dr Martin L. King Jr.
9. 905 P St.
10. 913PSt.
11. 807 Q St.
019-192-08
019-072-02
019-051-09
010-180-21
019-161-07
019-102-10
009-302-10
019-152-06
009-162-13
009-162-09
009-201-11
$ 395.00
$ 940.00
$ 1,145.00
$ 734.00
$ 264.00
$ 495.00
$ 795.00
$ 395.00
$ 369.00
$ 369.00
$ 1,579.00
August 11, 2005. 3:32PM
P:\admin report oct6bl1.doc
"_",__.____'____ ___..~.____.._... _0 .___...___._.... ~'.., "._ ---.-_.~_._"._.._,___.,_h__."'.___·,____~__
~----
ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 11 Councilmember Carson (Con't)
12. Vacant Lot North of 912 Q St.
13. 3407 Redlands Dr.
14. Vacant Lot 701 Union Ave.
15. 628 8th St.
PROPERTY LOCATION
Ward 2/Councilmember Benham
16. 3308 Claflin Way
17_ 314 H St.
18. Lot East of 1620 Kentucky St.
19. Vacant Lot NWC of 2nd and Eye St.
20. 2114 17'h St.
21. 32218'" St.
Ward 3/Councilmember Maaaard
22. 2918 Bucknell St.
Ward 6/Councilmember Sullivan
23. 5323 Appletree Ln.
Ward 7/Councilmember Scrivner
24.
1200 Dorian Dr.
August 11, 2005, 3:32PM
P:\admin report oct6bl1.doc
Page 2
APN
COST
009-172-03
383-271-02
009-471-15
009-180-08
$ 570.00
$ 245.00
$ 3,145.00
$ 1,395.00
APN
COST
002-031-30
010-140-22
138-261-12
010-280-13
004-271-09
006-121-16
$ 445.00
$ 370.00
$ 939.00
$ 370.00
$ 3,444.00
$ 1,680.00
021-052-12
$ 2,334.00
355-125-05
$ 4,025.00
022-022-12
$ 3,395.00
ADMINISTRATIVE REPORT
Page 2
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
August 11, 2005, 3:32PM
P:\admin report oct6bl1.doc
-'......--....--.-
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: I .
TO:
FROM:
Honorable Mayor and City Council
./)
APPROVED
Jim Foss, General Manager
Rabobank Arena
DEPARTMENT HEAD
~
k'
DATE:
August 24, 2005
CITY ATTORNEY
CITY MANAGER
SUBJECT:
Rabobank Arena video scoreboard:
1. Resolution determining that screens for the Rabobank Arena video
Scoreboard cannot be obtained through the usual bidding procedures
and authorizing the Finance Director to dispense with bidding
therefore, not to exceed $663,750.00.
2. Agreement with Daktronics, Incorporated ($663,750.00) to
furnish and install video cubes in the Rabobank Arena video
scoreboard.
RECOMMENDATION: Staff recommends adoption of resolution and approval of agreement.
BACKGROUND:
The video scoreboard at Rabobank Arena is in need of upgrade due to the age of the equipment
and advances in technology. Existing video cubes which make up the pictures for the
scoreboard are in need of constant repair due to age. Technological advances call for
replacement of the cubes with larger Light Emitting Diode (LED) screens that produce a better
picture quality and are lighter in weight.
The video scoreboard currently in place was designed and installed by Daktronics, Incorporated
which also supplies its parts and only Daktronics, Incorporated can provide the size of LED
screens large enough to produce video viewing of maximum size.
Purchasing Division
KB
P:\admin_ draft _ scoreboardsolesource revised.doc
August 26. 2005, 9:49AM
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: l'J. (\,
TO:
FROM:
Honorable Mayor and City Council ~
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
DATE:
August 30, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
61Þ7
V?-
~
SUBJECT: Temporary Salaries
1. Amendment No. 13 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The temporary salary schedule is being updated to make salaries consistent with the salary schedule for
regular employees. Normally, COLA increases are applied to temporary classifications that have a like
title on the regular salary schedule; however, the increases were inadvertently omitted when the last
COLA was processed for the Blue and White Unit. In addition, other increases are recommended to
address the difficulty recruiting temporary employees at the lower salaries. Increasing the salaries will
reflect community rates and allow us to hire and retain qualified applicants.
The cost impact will be negligible due to the fact that we are already assigning temporary employees to
higher classifications in order to obtain their services. In addition, the departments received defined
temporary salary budgets effective July 1, 2005 that cannot be exceeded.
Qm)
8/30/2005 11 :22 AM
S:\AOMINRPnTemporary Salary Revisions 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ.. o·
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
£ROVED
'þ~
4-
DATE:
August 18, 2005
SUBJECT: Resolution adding territory, Area 2-30 (Stockdale, Renfro SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 4)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On August 17, 2005 the Council adopted Resolution of Intention No. 1397 to add
territory, Area 2-30 (Stockdale, Renfro SW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tract Map No. 6448. Area 2-30 is generally
bounded by Stockdale Highway on the north, South Renfro Road on the east, a line approximately 2,690
feet south of Stockdale Highway on the south and a line approximately 1,310 feet west of South Renfro
Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned
the appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD2-30_Est.dot
u _.__._____---
~""""--'--
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: 11.0,
I
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
August 18, 2005
CITY ATTORNEY
CITY MANAGER
rROVED
'llM
.
Ae
.
SUBJECT: Resolution adding territory, Area 3-36 (Hughes, McKee SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 7)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On August 17, 2005 the Council adopted Resolution of Intention No. 1395 to add
territory, Area 3-36 (Hughes, McKee SE), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a park and street landscaping for Tract Map No. 6362. Area 3-36 is generally bounded by
McKee Road on the north, a line approximately 175 feet west of Highway 99 on the east, a line
approximately 1,320 feet south of McKee Road on the south and Hughes Lane on the west. This area will
be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a
park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD3-36~Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1:2.. .
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
August 18, 2005
CITY ATTORNEY
CITY MANAGER
æ
.
SUBJECT: Resolution adding territory, Area 3-37 (Panama, Buena Vista NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On August 17, 2005 the Council adopted Resolution of Intention No. 1396 to add
territory, Area 3-37 (Panama, Buena Vista NW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tract Map No. 6349. Area 3-37 is generally
bounded by Pensinger Road on the north, Buena Vista Road on the east, Panama Lane on the south and
a line approximately 1,320 feet west of Buena Vista Road on the west. This area will be under the park
and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD3-37 _Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: I;;l. 1'"
TO:
Honorable Mayor and City Council
DATE:
August 18, 2005
CITY ATTORNEY
CITY MANAGER
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
k
SUBJECT:
Resolution of Intention No. 1399 to add territory, Area 3-32 (Stine, McKee SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 6).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6290 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-32 is generally bounded by McKee Road on the north,
Mountain Ridge Drive on the east, Taft Highway on the south and Stine Road on the west. This area will
be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a
park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 18, 2005, 9:31AM
MD3·32Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: 11.S.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
ACVED
~
fb¿
DATE:
August 18, 2005
SUBJECT: Resolution of Intention No. 1400 to add territory, Area 1-59 (Olive, Old Farm NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6399 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-59 is generally bounded by a line approximately 690 feet north of Olive
Drive on the north, Woodland Hills Drive on the east, Olive Drive on the south and Old Farm Road on the
west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level
when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 18, 2005, 10: 12AM
MD1-59Ri05.dot
--_.._~
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: Il.+.
TO:
FROM:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
J!?
(f --
/?$ê4
'!tv
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
August 18, 2005
CITY ATTORNEY
SUBJECT: Resolution of Intention No. 1401 to add territory, Area 3-38 (Panama, Windermere) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6320 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-38 is generally bounded by a line approximately 1,320
feet north of Panama Lane on the north, a line approximately 1,3200 feet east of Windermere Street on
the east, Panama Lane on the south and the Buena Vista Canal on the west. This area will be under the
park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 18, 2005, 1 0:57AM
MD3-38Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ-.(,A..
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
~OVED
II
8/nd
fry
DATE:
August 18, 2005
CITY ATTORNEY
SUBJECT: Resolution of Intention No. 1402 to add territory, Area 3-39 (Gosford, Pacheco SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11118 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 3-39 is generally bounded by Pacheco Road
on the north, a line approximately 1,270 feet east of Gosford Road on the east, a line approximately 500
feet south of Pacheco Road on the south and Gosford Road on the west. This area will be under the park
and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 18. 2005. 8:52AM
MD3-39Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: 1;1..v.
TO:
Honorable Mayor and City Council
DATE:
August 24, 2005
CITY ATTORNEY
APPROVED
(fL
¡. ../:
VG-
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
k-
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreements with Lennar Homes of California Inc., for Tract
6289 Unit 1 located north of Noriega Road and west of Allen Road. (Ward 4)
(2) Final Map and Improvement Agreements with San Joaquin Development II, for Tract 6152
Phase 2 located south of McKee Road and west of Wible Road. (Ward 6)
(3) Final Map and Improvement Agreements with Castle & Cooke California, Inc., for Tract
6250 Unit 5 located north of Stockdale Highway and east of Allen Road. (Ward 4)
(4) Finals Map and Improvement Agreements with Centex Homes for Tract 6118 Unit 7,
located south of Snow Road and west of Old Farm Road (Ward 4), Tract 6195 Unit 6
located south of Snow Road and east of Allen Road (Ward 4), and Tract 6349 Unit 5
located north of Panama Lane and west of Buena Vista Road (Ward 5).
(5) Final Map and Improvement Agreements with TDB Land, LLC, for Tract 6230 Unit 2 located
South of Rosedale Highway and west of Froehlich Street. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
td
August 24, 2005, 10:10AM
G:\GROUPDATlADMINRPT\2005\09-07\MAP AND IMPROVEMENT AGR.dot
..~~ .._,.,____~_ __._'·_,~__,__.,··_________.__m··_____·__w·_____·_·""___....__.___
,....,.----.-
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Agreements
ITEM: ''¡.W.
TO:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
FROM:
DATE:
August 30, 2005
CITY ATTORNEY
CITY MANAGER
~
Ifc,
DEPARTMENT HEAD
SUBJECT: Agreement for Purchase of Surplus Property (surplus computer equipment)
by the Bakersfield Senior Center
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND:
The Finance Director has received a request from the Bakersfield Senior Center, a non-profit
organization, to purchase six (6) used surplus computers, monitors and printers to be used in the
computer lab program at the Senior Center. The Center currently has 30 seniors enrolled in computer
classes and they are in need of additional machines.
While the City does have a current market for this type of surplus equipment, which could be sold at
auction for an estimated $3,000 ($500 for a computer/monitor/printer times 6 sets) we are suggesting that
the City Council authorize the sale of this surplus equipment at $1 per piece of equipment for a total of
$18. This action constitutes a gift / contribution to the Senior Center of approximately $3,000.
The Bakersfield Municipal Code section 3.20.120 F provides for this action and states that any sale to a
governmental entity or non-profit organization shall be subject to confirmation and approval by the City
Council.
The items are being sold "as is with all faults" to remove the City from any potential liability claims.
nks
S:\KimG\Forms & LableslAdmin-sale of surplus equjpment.bcs.doc
2005. 1 :28PM
August 30.
....- ...--,-_.-
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: I;¡.)(.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD /V' :5
CITY ATTORNEY ,k ~ têm S
CITY MANAGER . Þ
August 22, 2005
SUBJECT: Agreement with Launer & Associates for appraisal services regarding proposed
Assessment District No. 05-3 (Liberty II / Village Green I Tesoro-Encanto / Lin I Rider /
Diamond Ridge). Wards 4, 5, & 6.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND: On August 17, 2005 the City Council adopted Resolution No. 174-05, Accepting
Petition and Determining to Undertake Special Assessment Proceedings, regarding this proposed
assessment district # 05-3. City staff has selected Launer and Associates to provide appraisal services to
assist with the formation of the proposed district. The cost of the appraisal is funded by the developers in
the form of a deposit, which is refundable to the developers if / when the assessment bonds are sold.
(kimg :forms;admin-assmtdist05-3appraisal)
..._._,._..._._-_."..._-_._,...,--~_.-
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: I;),. ",.
-..J
TO:
Honorable Mayor and City Council
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
I1):VED
vG-'
If/
DATE:
August 24, 2005
SUBJECT: Reimbursement Agreement for Sewer Construction (Ward 4)
1. Approval of Sewer Construction Reimbursement Agreement with Lennar Homes of
California Inc., to construct a portion of Allen Road Sewer trunk line and connect to the lift
station at Hageman Road, for Tentative Tract 6289.
2. Reimbursement of $260,570.75 to Lennar Homes of California Inc. for construction
of sewer trunk line and connection to lift station (Ward 4).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: The City is planning to extend an existing sewer trunk line, with a project on Allen Road,
from Rosedale Highway to Noriega Road. The Lennar development, Tract 6289, is just north of the
terminus of the City project. The duration of the full Allen Road Sewer Improvement Project is
approximately 7 months from start of construction. The Allen Road Sewer Improvement Project has not
yet been awarded. The developer, Lennar Homes, anticipates beginning occupancy of Tract 6289 in
December 2005, which would mean they need sewer service for the new homeowners. Lennar Homes
approached the City with this proposal to perform construction of a portion of the Allen Road Sewer
Improvement Project in time enough to allow occupancy of their new homes by December 2005. Staff
finds this proposal from Lennar to be favorable to the City and recommends that the agreement be
approved.
Pw/engr/reb
August 30, 2005, 10:45AM
G:\GROUPDAT\AOMINRPT\2005\09·07\Sewer Construction Reimbursement Agreement Lennar Homes.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: 12. .z.
TO:
FROM:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
6t:r5
¿/&
M~
DATE:
August 25, 2005
SUBJECT: Bakersfield Museum of Art - Request for Funding
1. Contribution Agreement with the Bakersfield Museum of Art in the amount of
$25,000 for Fiscal Year 2005-06.
2. Transfer $25,000 from Council Contingency to the Non-Departmental budget in
the General Fund.
RECOMMENDATION: The Budget and Finance Committee recommends approval of the transfer and
agreement.
BACKGROUND: This agreement provides for payments to the Bakersfield Museum of Art in the
amount of $25,000 in support of their visual arts outreach through the Art Smart program and to expand
the Museum on the Move mobile museum. This request was referred to the Budget and Finance
Committee for consideration and recommendation to the City Council. The Committee met to review
the proposal and recommends funding of $25,000 from Council Contingency towards these programs
and is consistent with previous funding levels for the Museum of Art.
The City has made previous contributions to the Museum of Art and the Museum was included in the
Council policy regarding requests for financial assistance, as one of the organizations that had an
ongoing relationship with the City and could be considered for funding as part of the City budget
process, based on available funding and subject to City Council review and approval.
In FY 2002-03 the City contributed $25,000 towards the Museum's programs. In FY 2003-04 the City
agreed to an amount reduced by 10%, of $22,500 due to the uncertain state budget situation. Due to
the state capture of funds, contributions to non-profits that year were stopped mid-year and the
Museum actually received $10,000 of the amount originally designated to them for that year. In FY
2004-05 due to the continuation of the difficult budget situation no contribution was made to the
Museum. No funding was recommended for the Museum or other non-profit group in the FY 2005-06
budget proposed to the City Council. After adoption of the FY 2005-06 budget by the Council, the
Council considered a request for funding by the Bakersfield Symphony and approved a contribution of
$50,000 from Council Contingency to that organization. Not including the transfer recommended
above, there is $114,000 remaining in Council Contingency.
August 25, 2005, 9:45AM
S:\Admin Rpts\2005\Museum Agr 090705.doc
JWS:al
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: ¡¡.(to. .
TO:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY MANAGER
APPROVED
...-vS
Úl~
A-&
,
FROM:
DATE:
August 26, 2005
CITY ATTORNEY
SUBJECT: Exchange of real property located at 5303 Olive Drive regarding reconstruction of Olive Drive
Interchange.
1. Agreement with Baldo V. Cisneros to exchange real property.
2. Appropriate $75,000 fund balance within the Transportation Development Fund to move signage
and replace parking spaces.
RECOMMENDATION: Staff recommends approval of agreement and appropriation of funds.
BACKGROUND:
The City and County will be reconstructing the Olive Drive interchange in the near future. This will
result in the need to widen Olive Drive west of Knudsen Drive. One of the properties that will be
impacted is the Que Pasa Restaurant located at 5303 Olive Drive. It will be necessary to acquire the
northern 18 feet of this property. Within that area are several parking spaces, including all the
restaurant's handicap spaces, and the restaurant's monument sign. Coincidentally, the County of
Kern is disposing of their property along Olive Drive north of the City/County Fire Training Facility
adjacent to Que Pasa. This created an opportunity to acquire an 18 foot strip of land adjacent to Que
Pasa to replace the land being acquired for the future interchange project. Both the City and County
agreed to work together to effectuate the acquisition of the land to be exchanged for the land needed
from Que Pasa. The attached agreement provides for the exchange of properties with Baldo V.
Cisneros the owner of the Que Pas a restaurants. Also, the City will construct new parking spaces to
replace those being lost and relocate the restaurant's monument sign. Transportation Development
funds will be used to move the signage and replace the parking spaces; cost is estimated at $75,000.
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ,. bb.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Florn Core, Water Resources Manager DEPARTMENT HEAD ~
August 25,2005 CITY ATTORNEY ~
CITY MANAGER ~
License Agreement with Kern County Water Agency for Pipelines and Turn-in~ t the Kern River
Canal at Section 11, T30SR26E, MDB&M. (Unincorporated)
SUBJECT:
RECOMMENDATION: Staff and Water Board reviewed and recommend City Council approval.
BACKGROUND: The City has certain real property in Kern County as the right of way for the Kern River
Canal and a 36-inch diameter reinforced concrete pipeline that traverses through in Section 11, Township 30
South, Range 26 East, MDB&M. The Kern County Water Agency (KCWA) plans to construct, oper.?te and
rnaintain three groundwater wells on property adjacent to the right-of-way of the Kern River Canal and install
three pipeline tie-ins from these wells to discharge banked groundwater into the Kern River Canal. This
license agreement is to allow the KCWA to install these pipelines and tie-ins across the City right-of-way to
discharge into the River Canal. The KCWA has a long term agreement with the City of Bakersfield to use the
River Canal to transport recovered under certain terms and conditions. These facilities would be similar to
several other wells the KCWA has constructed near or adjacent to the River Canal.
The City Water Board at its special meeting of August 24, 2005 reviewed this agreement. The Board voted
unanimously to approve and recommend City Council approval.
August 25. 2005
S:\2005 ADMIN REPORTS\Sept7LicenseAgmtKCWA.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: l;l. c..c.-.
TO:
FROM:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
August25,2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
4&.-
~
~
DATE:
SUBJECT: Agreement with the Kern County Water Agency for a Water Supply for the City Domestic
Water System. (Ward 4)
RECOMMENDATION: Staff and the Water Board reviewed and recommends City Council approval.
BACKGROUND: The recent rapid growth trends within the City's Domestic Water System, loss of
water well production due to water quality standards and the dramatically increased cost to complete
water wells have heightened the need to secure supplemental water supplies and associated conveyance
facilities. This agreement is to participate in the Kern County Water Agency's Improvement District #4
(lD#4) Treatment Plant Capacity Expansion and Northwest Feeder Pipeline Project. The first phase of the
project will construct a pipeline to convey water to areas of our system's highest immediate need and will
result in an additional treated supply of 6,500 acre-feet per year. The second phase is the expansion of
the existing ID#4 treatment plant.
The City's Domestic Water System currently relies solely on groundwater wells as its source of supply.
Supplementing the current system with a firm surface water treatment plant delivery will increase the
diversity and efficiency of the system. Wells can be shut off during non-peak demand periods resulting in
higher groundwater pumping elevations which reduce energy costs. The cost to drill new wells is
constantly increasing due to drilling costs, more stringent water quality requirements, groundwater quality
problems and property values.
The additional cost for the new supplemental supply compared to that of well production appears higher
than the current cost to produce water, however there are other very important considerations. These
include: the cost incurred to replace a well that no longer meets water quality standards and is abandoned;
replacing an abandoned well that no longer meets water quality standards in an area that is fully
developed (demolish a house(s) to acquire property); there is no guarantee in certain areas of the water
service area that an acceptable quality well will be found; existing wells are vulnerable to detrimental water
quality changes; and the added security of having a more diversified and backstopped supply system. The
water supplied from this agreement will be at a relatively stable long-term price, while the costs to drill and
complete wells in the future will most likely continue rising.
The northwest feeder pipeline is scheduled to be completed December 2006 and the treatment plant
expansion in the fall of 2008. The capital component of the annual cost will be approximately 65% less
than what is listed in Table 1 until the treatment plant expansion portion of the project is started about a
August 25, 2005, 4:42PM
S:\2005 ADMIN REPORTSlAug25 WaterSupplyAgmt.doc
ADMINISTRATIVE REPORT
expansion. There will be sufficient capacity in the current plant to deliver the 6,500 acre-feet into the City's
system as soon as the pipeline is completed, in part due to California Water Service Company (Cal Water)
allowing us to use a portion of their capacity and the City's proportionate share of the un-contracted
portion of the current treatment plant capacity of 12,500 acre-feet per year. The existing treatment plant
has a contractually limited capacity of 25,000 acre-feet per year but has the ability to process up to 37,500
acre-feet. The treatment plant expansion project will increase the plant capacity to 72 million gallons per
day (mgd) or approximately 60,000 acre-feet per year. The northwest pipeline will have a total capacity of
32 mgd of which the City's share is 6 mgd, Cal Water will have 15 mgd and ID#4's is 11 mgd. ID#4's share
is the oversizing of the pipeline to allow for a future expanded take by the City and/or Cal Water.
The City Water Board at its special meeting of August 24, 2005 reviewed this agreement. The Board
voted unanimously to approve and recommend City Council approval.
August 25, 2005, 4:41 PM
8:\2005 ADMIN REPORTS\Aug25 WaterSupplyAgmt.doc
ADMINISTRATIVE REPORT
MEETING DATE
September 7, 2005
AGENDA SECTION:
ITEM: I .
Consent Calendar
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~./
FROM:
Flom Core, Water Resources Manager
CITY MANAGER
cJUl-
ik,
.
'...
DATE:
August27,2005
CITY ATTORNEY
SUBJECT: Amendment NO.1 to Design Services Agreement No. 05-008 with Kennedy Jenks Consultants for design
of Domestic Water System Hydraulic Modeling for the City's Domestic Water System in the amount of $125,000, for
a total contract amount not to exceed $225,000 (Ward Numbers 2, 4, 5 & 6)
RECOMMENDATION: Staff recommends approval of the amendment to the agreement.
BACKGROUND: On January 20, 2005, Council approved Services Agreement No. 05-008 with Kennedy Jenks to
design a Domestic Water System Hydraulic Modeling for the City's domestic water system. This project was
budgeted and scheduled to be completed over two fiscal years. Phase I of the project was to compile a complete
inventory of the capital facilities of our Domestic System and convert our Paper Atlas Map System to a digital
database. The initial phase of the project was budgeted in FY 2004-05 and completed in May of 2005.
The purpose of the amendment is to formalize the terms and conditions for Phase II of the project. This phase of the
project requires the contractor to analyze current and future storage and capacity needs of the system and to design
a Hydraulic Modeling System for the City's domestic water system. This master plan for the systematic expansion of
our domestic water system is needed to guide the development of future facilities in a prudent manner.
Funding for this final phase of the project is currently available within the Water Resources Department FY 2005-06
Capital Improvement Budget.
S:\2005 ADMIN REPORTSladmin090705 bid. doc
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: ::1 .(..t....
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~ '
CITY ATTORNE~ {{J;(, :4/Yl.à--
FROM:
Florn Core, Water Resources Manager
DATE:
August 19, 2005
CITY MANAGER
*-
SUBJECT: Amendment NO.2 to Agreement No. 04-281 with Nossaman, et ai, LLP, ($35,000, total
contract not to exceed $125,000) for legal and other services in the matter of critical habitat
designation of Buena Vista Lake shrew. (Ward 4)
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
The City's "2800 Acres" was proposed by the United States Fish & Wildlife Service (USF&WS) to be
included in a critical habitat designation for the Buena Vista Lake shrew. The work to remove the City
property from inclusion as critical habitat involved the retention of legal counsel, certified biologists and
economic experts. The firm of Nossaman, et ai, LLP provided the legal counsel and sub-contracted the
wildlife biology and the economic analysis components of the work. The sub-contractors were paid
through that firm, with no added overhead. The USF&WS subsequently removed and excluded the City's
property from the designation. Additional economic impact analysis and a first year monitoring report are
required by the USF&WS as part of the City's Habitat Management Plan for the property. This amendment
to Agreement No. 04-281 will allow for the additional economic impact analysis work and legal review of
the first year monitoring report to be completed.
This Amendment NO.2 to Agreement No. 04-281 would add $35,000 to the compensation to result in a
total not to exceed amount of $125,000. Funding for this amendment is currently available within the
Water Resources Department budget. California Water Service Co., the Kern County Water Agency and
other banking partners have contributed to these additional expenses, reducing the City's cost on this
item.
FC:bz
8:\2005 ADMIN REPORTS\SEPT7WTNossamanAmend2.doc
August 17, 2005, 4:30PM
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: 1J..ff.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
DEPARTMENT HEAD /f/5
CITY ATTORNEY ~
CITY MANAGER A.£
August 24, 2005
SUBJECT: Amendment No. 1 to Agreement No. 04-282 with Safeway Sign Company to extend the
agreement for twelve (12) months ($55,000.00 increase, for a revised not to exceed
compensation amount of $110,000.00) for Traffic Signs.
RECOMMENDATION: Staff recommends approval of the amendment to agreement.
BACKGROUND: On September 22, 2004, Council awarded the annual contract for Traffic Signs to
Safeway Sign Company. The contract allows for a twelve (12) month extension if all parties agree. City
staff and Safeway Sign Company agree to the extension of agreement under the same terms and
conditions.
Purchasing Division
DW
S:\PURCHIDIANEISafeway Sign Company. AC for Traffic Signs, 04-282.doc
Created on 8/24/2005 3: 18:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: \¡.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD /Y.5
CITY ATTORNEY M-v
CITY MANAGER ,~_
August 24, 2005
SUBJECT: Accept bid to award an annual contract to L.N. Curtis and Sons for protective jackets and
trousers for structural firefighting at a not to exceed amount of $80,000.00.
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Staff solicited bids for an annual contract for protective jackets and trousers for
structural firefighting, also known as turnout coats and pants. Periodic replacement of the turnouts is
required due to damage which may occur during fire fighting as well as the breakdown of garment
components due to age.
Invitations to Bid were sent to fifteen (15) vendors and three (3) bids were received in response to the
solicitation. One of the bidders could not meet the delivery requirements stated in the Invitation to Bid. As
such, Staff recommends award of contract to the lowest responsive bidder, L.N. Curtis and Sons in the
amount of $80,000.
Purchasing Division
OW
S:\PURCHIDIANEIL.N. Curtis & Sons, AC for Protective Jackets & Trouser for Structural Firefighting.doc
August 25, 2005
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: Il. hh,
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEArf)/).. ~ !C4-~
CITY ATTORNE~ 0t.. Vc,
CITY MANAGER IJe
SUBJECT: Reject all bids for Allen Road Sewer and Street Improvement Project (Ward 4).
Raul Rojas, Public Works Director
DATE:
August 25, 2005
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: This new Sewer Trunk Line project would run along a portion of Allen Road (Rosedale
Highway to Noriega Road) that is in the jurisdiction of Kern County. In coordinating the project with
County Staff, the County has identified a stretch of Allen Road that can be improved by widening the
roadway and adding curb and gutter. The stretch of roadway within the project that will be widened is
Allen Road between Rosedale Highway and Meacham Road.
The Engineer's Estimate for this construction project was $2,342,570. Two bids were received on August
23, 2005, as follows:
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City) in the amount of $3,316,952.00
W.M. Lyles Company
1210 W. Olive Avenue
Fresno, CA 93728 (Out of Town)
in the amount of
$3,678,552.80
Staff recommends rejection of bids to allow a re-evaluation of the project. That re-evaluation will include a
Value Engineering analysis to determine possible cost savings by "segregating" the work differently, by
further accounting for the recent and continuing steep increases in construction items such as fuel,
concrete, pipe materials, aggregate, and asphalt pavement, as well as further research into possible
revenue enhancements for the project.
REB - PW/Engineerîng
August 26, 2005,
1051AM
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM I~.ii.
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD A('7"
CITY ATTORN EYh ('_ --/n, '¿,J7 S.
/ /'
CITY MANAGER J4e.
DATE:
August 22, 2005
SUBJECT: Appropriate $10,433 Transient Occupancy Tax fund balance to the Non-Departmental
operating budget and authorize payment to the Convention and Visitors Bureau.
RECOMMENDATION:
Staff recommends approval of appropriation and payment to the Convention and Visitors Bureau.
BACKGROUND:
On March 20, 2002 the City Council approved agreement No. 02-076 with The Greater Bakersfield
Convention and Visitors Bureau (CVB) for the purpose of promoting the City.
This contract established the City's commitment to pay the CVB 11 % of the Transient Occupancy Tax
(TOT) realized by the City for the fiscal year that services are received. Due to the delay in receipting
TOT revenues after June 30, the City advanced monthly payments based on budgeted TOT of
$6.5 million with a reconciliation payment to the actual revenues totaling $6,594,845 for the 2004-05 fiscal
year. Therefore, the CVB is due $10,433 which equals 11% of the $94,845 difference between the
budgeted and actual TOT revenues.
Klg
August 17, 2005, 4:19PM
S:\KimGIFonns & LableslAdmin- TOTappropCVB2005.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1:1,.\ ¡.
v...J
TO:
FROM:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~c>
~
~/
DATE:
August 25, 2005
SUBJECT: Ditch Eradication and Pipeline Easement with Pavletich Electric and Communications, Inc.,
located east of Fruitvale Highway, north of Seven Seas Avenue. (Unincorporated)
RECOMMENDATION: Staff and Water Board reviewed and recommends City Council approval.
BACKGROUND: The City is the owner of a right of way and easement on the Beardsley Canal K.R.C. & I.
Company One Ditch, this section now exists as an open earthen ditch. A portion of the One Ditch traverses
certain real property owned by Pavletich Electric (Developer), east of Fruitvale Highway and north of Seven
Seas Avenue. The Developer desires to fill in and eradicate said open ditch and substitute a reinforced
concrete pipeline. The Developer will construct the pipeline and when completed the pipeline shall become the
property of the City. The original 100 foot canal easement becomes a pipeline easement that is 40 feet wide.
The Developer gains additional use of their property and the City acquires a pipeline facility that requires less
maintenance and upkeep.
The City Water Board at its special meeting of August 24, 2005 reviewed this agreement. The Board voted
unanimously to approve and recommend City Council approval.
August 25. 2005
S:\2005 ADMIN REPORTS\Sept71ditchEradAgmt.doc
~. ......, _ __..__ ._~ ·.···.0·. ,_,~ 'm._ .__.. _"0'
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Consent Calendar
ITEM: 12.k.k.
TO:
FROM:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
//6-
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óW?
DATE:
September 2, 2005
SUBJECT: A Resolution by the City Council of Bakersfield in Support of Amtrak Passenger Rail
Service.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Passenger rail service trains operating from Bakersfield to Sacramento and the San Francisco Bay
area carry approximately 700,000 passengers per year, which makes it the fifth busiest corridor in the
United States. Ridership on the San Joaquin runs for the month of June alone were 69,520 passengers.
This is an increase of 6.1 % from FY2004. These trains provide a valuable service to the residents of the
City of Bakersfield and the County of Kern.
Through this resolution, the City Council is requesting Congress to establish a multi-year capital
funding program available to the states on a matching basis; to preserve, initiate, improve or expand
passenger rail services; and, to continue to provide adequate level of capital funding for Amtrak to sustain
the mandated rail passenger services.
VG:dll
S:\COUNCll\Admins\05-06 Admins\AmtrakRaiIService.ResoAdmin,doc
September 2, 2005, 11:13AM
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Hearings
ITEM: I~, 11 .
FROM:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY y,--
CITY MANAGER ~......-
SUBJECT: General Plan Amendment/Zone Chanae 04-1337. ADDealed (Ward # 1 upon
annexation)
Honorable Mayor and City Council
TO:
Stanley C. Grady, Development Services
DATE:
August 16, 2005
SMITHTECH/USA, INC., on behalf of Joel Frick, ET. aI., has appealed the Planning
Commission's decision denying their proposal for a general plan amendment and zone
change on 95 acres located south of East Panama Lane approximately 2,000 feet east of
South Union Avenue and approximately 1,680 feet west of Cottonwood Road.
1. Resolution adopting the Negative Declaration, approving the applicant's general plan
amendment request and upholding the appeal to change the land use designations
from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 95
acres.
2. First reading of Ordinance adopting the Negative Declaration, upholding the appeal
and approving the requested zone change amendment to Title 17 of the Municipal
Code and Zoning Map No. 124-29 changing the zoning from A (Exclusive Agriculture)
to R-1 (One-Family Dwelling) on 95 acres.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the Negative Declaration, upholding the
appeal and approving the General Plan Amendment and first reading of the ordinance.
BACKGROUND:
This project was originally scheduled for a public hearing before the City Council on March 30,
2005. The Council deferred the hearing to the May 11, 2005 Council meeting. The matter was
deferred again until September 7, 2005. The primary issue, now resolved, was potential
conflicts between proposal and the Airport Land Use Compatibility Plan.
The Planning Commission conducted public hearings on December 6 and 9, 2004 on this
General Plan Amendment/Zone Change 04-1337. The applicant's request was to change the
land use and zoning for the entire 95 acres. However, approximately 30 acres of the site are
impacted by the Airport Land Use Compatibility Plan which influences land use proximate to the
Bakersfield Municipal Airport. Because the northern portion of the site (30 acres) is located
within the Airport Land Use B-2 Zone, which generally does not permit residential development,
ADMINISTRATIVE REPORT
Page 2
the request to rezone that portion was denied by the Planning Commission. The decision not to
approve residential development in that northerly 30 acres was appealed by the applicant.
The B-2 zone is located within the area of direct over flight of the runway. It is strictly for safety
reasons that residential developments are not recommended for the B-2 zone. The Airport
Land Use Compatibility Plan has various zones which relate to the issues of airplane noise and
safety for areas adjacent to the airport. This airport land use plan is a part of the Metropolitan
Bakersfield General Plan.
As a result of the hearing, the Commission recommended that the City Council deny the
requested GPA/ZC for the 30 acre portion of the subject site located within the Airport Land Use
B-2 zone and approve the 65 acres outside of the zone boundary. The Planning Commission
could find no extenuating circumstances which would support the residential development within
the Airport Land Use B-2 zone.
In the nine months since the Planning Commission meeting both the applicant and staff has
researched the issue. In 1994 a section was added to the California Aeronautics Act (Public
Utilities Code Section 21674.7) requiring airport land use commissions to utilize the "California
Airport Land Use Planning Handbook" (1993 edition) as a guide for the formulating, adopting
and or amending the a comprehensive airport land use plan. The handbook was revised in
2002 to incorporate more safety data which further refined the compatibility zones.
The existing Airport Land Use Compatibility plan suggests limiting residential development
(similar to this proposal) within 10, 000 feet of the runway. The new handbook restricts this type
of residential development in the area 7, 000 feet from the runway. The applicant's entire
project is located further than 7, 000 feet from the end of the runway.
The handbook recommendations are based on accident frequency and the attendant risk to
populations. The area beyond 7,000 feet from runways of similar airports has shown a low
frequency of accidents occurring. The sole reason for Planning Commission denial of the
northern 30 acres was public safety. They and staff did not have the benefit of this research into
changes in airport land use compatibility changes. There no longer appears any reason to not
support this request based on public safety considerations.
Staff recommended general approval of this proposal as the southeastern portion of Bakersfield
has long languished behind the other city quadrants in terms of development. There has been a
significant increase in development interest as housing prices and level of residential
construction has increased sharply in the last 2 years.
No significant other issues were raised by the public or any affected public agency at the public
hearings held by the Planning Commission
MG
AdminlaugI9-7-1337
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Hearings
ITEM: ¡-j.b.
TO:
FROM:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD 5t--
July 27,2005 CITY ATTORNEY ¿/6-
CITY MANAGER ,4£;
DATE:
SUBJECT: General Plan Amendment/Zone Chanoe No. 05-0338 (Ward 4)
Marino/Associates representing King-Gardiner Farms LLC, Sure Foundation Baptist
Church, and Vivian Price, the property owners, has proposed a general plan amendment
and zone change on 80 acres for which annexation into the City is proposed, and
cancellation of a Williamson Act Land Use Contract on 60 of the 80 acres. The project site
is located on the south side of Snow Road (future) between Allen Road and Renfro Road
(future ).
1. Resolution adopting the Negative Declaration and approving a general plan
amendment to change the land use designation from R-IA (Resource - Intensive
Agriculture) to LR (Low Density Residential) on 80 acres.
2. First reading of ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code from A (Agriculture) to R-1 (One
Family Dwelling) on 70 acres and from A (Agriculture) to R-1-CH (One Family
Dwelling - Church Overlay) on 10 acres.
3. Resolution adopting the Negative Declaration and approving the cancellation of a
Williamson Act Land Use Contract on 60 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration,
approving proposed general plan amendment and first reading of an ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 285 single-family
residential units and a church on the aO-acre project site subsequent to annexation into
the City of Bakersfield.
Policy C.14. of the Conservation Element of the Metropolitan Bakersfield General Plan
requires the decision making body to evaluate ten factors to determine the
appropriateness of agricultural conversion proposals. These factors have been
ADMINISTRATIVE REPORT
Page 2
analyzed in an Agricultural Land Evaluation and Conversion Assessment prepared for
this project by WZI Inc. The conclusion of the assessment is that conversion of the
property to urban uses is a less than significant impact, which staff and the Planning
Commission concur with.
Sixty acres of the project site are part of a larger, 292-acre property which has been
under a Williamson Act Land Use Contract since 1996; because a Notice of Non-
renewal was filed by the property owner in 2001, the contract is set to expire in 2011.
Cancellation of the Land Use Contract on the 60 acres that are within the project site can
be accomplished by paying the deferred taxes to the County Treasurer as a cancellation
fee, which the Kern County Assessor's Office has calculated to be $443,175. Pursuant
to Government Code Section 51282, the City Council may grant tentative approval for
cancellation of a Land Use Contract if it finds that the cancellation is consistent with the
purposes of the Williamson Act. The five mandatory findings for the cancellation of a
Land Use Contract are contained in the attached draft resolution.
Conditions of approval and mitigation measures which address air quality, transportation
and parks impacts are included as part of project approval.
The Planning Commission conducted a public hearing on this general plan
amendment/zone change and recommended approval to the City Council on June 16,
2005. Harry Love representing the Sierra Club provided testimony to the Planning
Commission during the hearing. Mr. Love referred to the Sierra Club's comment letter
dated June 9, 2005, which addresses numerous issues including air quality, energy
conservation, light pollution, agricultural land conversion, biological resources, and
traffic, and requests the preparation of an EIR for the project; the Sierra Club's letter and
staff responses are contained in the backup material for this project.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. A negative declaration was prepared and posted
on May 12, 2005, in accordance with CEQA.
PH
Admin\9-17 -0338
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Hwri V\C\
ITEM: \~.~. J
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Dir.
APPROVED
DEPARTMENT HE~Q:'-ln,i t; c 5{ 7"
CITY ATTORNEV"10 £m S-
August 31,2005
CITY MANAGER
t1r-~
SUBJECT: General Plan Amendment/Zone Chanoe No. 04-0671 (Ward 4)
Project Design Consultants representing Rosedale Ranch, the property owner, has proposed a
general plan amendment and zone change on 1,655 acres for which annexation into the City is
proposed. A Development Agreement is also proposed. The project site is bounded by 7th
Standard Road to the north, Jenkins Road to the east, the Burlington Northern Santa Fe (BNSF)
Railroad to the west, and Kratzmeyer Road/Olive Drive to the south.
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Zone Change No. 04-0671/Annexation No.
499, known as the Rosedale Ranch Project.
2. Resolution approving a general plan amendment to change the land use designation
from LMR (Low Medium Density Residential); LI (Light Industrial); and SI (Service
Industrial) to LR (Low Density Residential); LMR (Low Medium Density Residential);
HMR (High Medium Density Residential); GC (General Commercial); MUC (Mixed Use
Commercial); and LI (Light Industrial) on 1,655 acres; and approving a general plan
amendment to change the Circulation Element alignment of the future West Beltway
through the project boundaries, and the realignment of Kratzmeyer Road/Olive Drive to
the south of the site to create a new interchange with the West Beltway.
3. First reading of an ordinance approving an amendment to Title 17 of the Municipal Code
by prezoning to R-1 (One-Family Dwelling); R-1/PUD (One-Family Dwelling/Planned
Unit Development); R-2 (Limited Multiple-Family Dwelling) R-2IPUD (Limited Multiple-
Family Dwelling/Planned Unit Development) C-1 (Neighborhood Commercial); C-2
(Regional Commercial); C-2IPCD (Regional Commercial/Planned Commercial
Development); and M-1 (Light Manufacturing) on 1,655 acres; and approving a
Development Agreement.
RECOMMENDATION:
Staff recommends continuance to September 28, 2005.
ADMINISTRATIVE REPORT
Page 2
BACKGROUND:
The proposed general plan amendment and prezoning would allow for the development of a
new master planned community, including single- and multi-family residential, recreational,
school, commercial, and industrial land uses on approximately 1,655 acres of land. A
Development Agreement which sets forth the developer's financial responsibilities in return for
the ability to proceed with the project in accordance with the existing policies, rules, and
regulations is proposed.
Urban development of the project site has been planned for many years, beginning with the
adoption of the Rosedale Community General Plan and the Western Rosedale Specific Plan
(WRSP) by the County of Kern in 1980 and 1994, respectively. Subsequently, an amendment
to the WRSP covering approximately 6,536 acres, inclusive of the project site, was adopted by
the County in 1996. These plans were subsequently incorporated into the County of Kern
General Plan, and most recently into the Metropolitan Bakersfield General Plan adopted jointly
by the County and the City. It is notable that the adopted land use plan for the project area is
significantly more intense than the current proposal.
The Planning Commission conducted a public hearing on this proposal and recommended
approval to the City Council on July 7, 2005. Gordon Nipp representing the Sierra Club
provided testimony to the Planning Commission during the hearing. Mr. Nipp's primary issues
of concern were the loss of farmland and traffic; the Sierra Club's comment letter on the Draft
EIR and staff responses are contained in the Final EIR. Others who provided testimony to the
Planning Commission during the hearing were in support of the proposal.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and
the Planning Commission for the project. Staff conducted an initial study and it was determined
that the project could have a significant environmental effect. Therefore, in accordance with
CEQA, an EIR was prepared. The Planning Commission and staff conducted several hearings
on the EIR including a public scoping meeting on January 25, 2005, an adequacy hearing to
receive comments on the Draft EIR on May 5, 2005, and a hearing on the Final EIR on July 7,
2005. The Final EIR was recommended for certification by the Planning Commission on July 7,
2005. Copies of the Final EIR on CD are contained in the Councilmember binders; hard copies
of the Final EIR are available in the City Clerk's Office.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the
project as conditions of approval, and construction in accordance with the Uniform Building
Codes, agricultural resources, noise, and transportation/traffic impacts would remain significant.
Staff and the Planning Commission recommend certification of the Final EIR and accompanying
mitigation monitoring plan and the adoption of CEQA Findings and a Statement of Overriding
Considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093.
PH
Admin\9-7-0671
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Hearings
ITEM: IL-\.a...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
August 23, 2005
APPROVED
DEPARTMENT HEAD ~ ,th S6i.
CITY ATTORNEY vÇ...-
CITY MANAGER A..P___
SUBJECT: General Plan Amendment 04-2005 (Ward 1)
The City of Bakersfield has proposed a general plan amendment to the Circulation Element and
is adopting a Specific Plan Line for the Washington Street alignment.
1. Resolution adopting the Negative Declaration and adopting the General Plan
Amendment to the Circulation Element and adoption of a specific plan line.
RECOMMENDATION:
Staff recommends adoption of the resolution adopting the negative declaration and
approving the general plan amendment and adoption of a specific plan line.
BACKGROUND:
This item was continued from the August 17, 2005 City Council meeting because of issues
regarding street improvement costs. Public Works was directed to meet with a property owner
along the alignment in order to clarify costs. The result of that effort will come to you under
separate cover.
The City of Bakersfield Public Works Department has requested a change to the Washington
Street alignment to address issues with an existing golf course and provide a distinct separation
between urban development and the City of Bakersfield Waste Water Treatment Plant
Washington Street is a Collector (4 lane facility) which is not yet constructed. The portion of
Washington Street subject to this proposal is between Casa Loma Drive and East Pacheco
Road. This area has seen considerable development activity in the form of entitlements
acquisition (GPA, Zone changes). Generally, there has been a concerted effort on the part of
many different property owners and the city to transform vacant, or underutilized areas, long
designated for industrialization to residential in response to the incredible housing market
locally. More houses are now built in the southeastern quadrant of the city than the northeastern
quadrant.
ADMINISTRATIVE REPORT
Page 2
The existing alignment now runs thru the middle of an existing golf course and it appears
unlikely that it could ever be built. The proposed specific plan line moves Washington Street to
the east next to the waste water treatment plant effectively providing some separation between
the plant to the east and urbanization on the west side of the Washington Alignment.
No one spoke in opposition to this proposal at the planning Commission meeting.
MGladmin\8-17-2005
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
August 23, 2005
APPROVED
DEPARTMENT HEAD~.n.... .s;61
CITY ATTORNEY tÆ-
DATE:
CITY MANAGER
k
,
SUBJECT: General Plan Amendment/Zone Chanoe 04-0815, appealed. (Ward 4).
Pacific Engineering, Maurice Etchechury, on behalf of James Etcheverry, ET. AL. has applied for a
general plan amendment and zone change on 82.5 acres, located along the north side of Snow Road,
generally between Allen Road and Calloway Drive. McMillin Homes has appealed the Planning
Commission decision to deny the proposal.
1. Resolution adopting the Negative Declaration and adopting the requested general plan
amendment from SR (Suburban Residential) to LR (Low Density Residential).
2. First reading of ordinance adopting the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One Family Dwelling).
RECOMMENDATION:
Staff recommends adoption of resolution, upholding the appeal, adopting the negative declaration,
approving the general plan amendment and first reading of the ordinance.
BACKGROUND:
This item was continued by the City Council at their August 17, 2005 meeting in order to permit the
applicant the opportunity to address issues identified by the adjacent property owners. The
applicant has indicated that they will begin meetings with the Councilperson and neighborhood the
week of August 29, 2005.
The proposal is to amend both the general plan and zoning to allow the development of single
family dwellings on lots with a minimum size of 6,000 square feet. After considerable public
debate, the Planning Commission recommended denial of the case. The applicant appealed the
decision by the Planning Commission.
There are two basic issues regarding this proposal, compatibility with the existing neighborhood
and mineral rights access. The following is a discussion of the issues and forms the basis for
staff's recommendation for approval of the project and upholding the appeal by the applicant.
ADMINISTRATIVE REPORT
Page 2
The adjacent neighborhood was generally supportive of the request with a tier of Yo acre lots
between this new proposal and the existing neighborhood. Two other possible measures to
possibly "buffer" the two developments were discarded as impracticable. One of these measures
was a wall not on the project site which may have been impossible for the applicant to construct.
The other measure was a multi-purpose trail which connected the existing neighborhood to a canal
to the east. This was dropped as it was very unlikely the canal operator would open the canal
right-of-way for use by the general public.
The mineral rights owner (Crimson Resource Management) expressed concerns regarding the
mineral extraction operations in the general area and on the project site. There are only three
wells on the 82.5 acre site. The City of Bakersfield Subdivision Ordinance provides various
methods for providing mineral owners rights to access at the time of subdivision. Our ordinance
has been called a "model" of how to address mineral rights extraction by the Department of Oil Gas
and Geothermal Resources.
Despite considerable experience with literally dozens of subdivisions where this specific issue was
addressed by this Commission, some Commissioners were mistakenly under the impression the
issue needed resolving at the general plan stage. Staff pointed out that attempting to address
mineral rights issues at the general plan stage is an error, inconsistent with local ordinance and
past practice.
MG:pjt
Adminlaugl9-7 -OB15
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Hearings
ITEM: 111. c..
TO:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEADg~"'" ,<:/"",
August 23, 2005 CITY ATTORNEY c/C.-
CITY MANAGER +
SUBJECT: General Plan Amendment/Zone Chanoe No. 04-1704. ADDealed (Ward 7)
FROM:
DATE:
Jimmy and Robin Tabangcora have appealed the Planning Commission's decision approving Gerald
Almgren's of Kern Delta Land Development Corp. proposal for a general plan amendment on 2.83 net
acres and zone change on 2.04 net acres located on the east side of Wible Road approximately 200 feet
south of Berkshire Road.
1. Resolution adopting the Negative Declaration and approving a general plan amendment
to change the land use designation from LMR (Low-Medium Density Residential -
greater than 4 units but less than or equal to 10 dwelling units per net acre) to HMR
(High-Medium Density Residential - greater than 7.26 units but less than or equal to
17.42 dwelling units per net acre), on 2.83 net acres
2. First reading of Ordinance adopting the Negative Declaration and approving an
amendment to Title 17 of the Municipal Code and Zoning Map 123-25 changing the
zoning from R-1 (One Family Dwelling) zone to R-2 (Limited Multiple Family Dwelling - 1
unit per 2,500 sq. ft.) zone on 2.04 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution, denying the appeal, approving the Negative
Declaration, approving proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
This project was continued at the August 17, 2005 City Council meeting to allow staff time to
address several issues raised at the public hearing and correspondence received from Richard
Harriman on behalf of the Wible Road Action Group.
Staff is in the process of preparing responses, however, these responses are not available at
the time of preparation of this Administrative Report. Responses will follow under separate
cover.
ADMINISTRATIVE REPORT
Page 2
The project is located within a strip of land sandwiched between an arterial street and new
single family residential development. The City will serve the site with sewer. Water service will
be provided by California Water Service.
The project site is located within an area of rapid development. There are five active or pending
tentative tracts within Y. mile. To the north, adjacent to the site is a meeting hall for the City Fire
Fighters Union and one single family house. To the east is a developing single family residential
neighborhood and storm drain retention basin. To the south is mixed rural residential and vacant
properties. To the west (across Wible Road) is an existing single family residential
neighborhood. The neighborhood across Wible Road has double frontage lots with a concrete
block wall and landscaping facing the project. The site is a narrow linear "T" shaped parcel with
638 feet of frontage along Wible Road. The depth varies from 150 feet (at the north and south
ends) to 269 feet (in the middle section). The site is vacant with the exception of one abandoned
house (to be removed). A dirt lined canal runs along the east side of the narrower part of the
property and traverses through the wider section (severing access to the eastern most portion of
the project).
The project is in an area with several recently developed or developing single-family residential
tracts. The nearest developed multiple family residential is approximately 1 mile away (north of
Panama Lane approximately 500 feet west of Wible Road). There are no other multiple family
developments in the area. Within a one-mile radius of the site there is approximately 50 acres of
multiple-family zoned properties, which represents a ratio of approximately 3 percent of the net
land area in this vicinity. The ratio of multiple-family zones to net land area on a city wide basis
is approximately 6.5 percent. Allowing additional multiple-family housing opportunities in the
area will increase the variety of residential types and densities to be more consistent with that
available on a citywide basis.
The project is an extension of R-2 zoned property (northern portion of project and land to the
north) and is adjacent to a meeting hall and a major transportation corridor (Wible Road). In
addition, the shape and configuration of the lot lends itself better to multiple-family design than
single-family subdivision design. The project is oriented in a north-south configuration, parallel
with Wible Road and is isolated from the subdivision to the east because of road configurations
and other constraints (I.e. canal and storm drain basin). To design an effective single-family
residential development on the site would be difficult.
Issues and concerns were raised by surrounding neighbors at the time of Planning Commission.
The item was continued from the June 16, 2005 Planning Commission Meeting in an effort to
allow the project applicant and affected neighbors to meet and attempt to resolve concerns. The
applicant met with the neighbors on June 27, 2005 and discussed several issues. It was
determined at that meeting to appoint representatives from each of the affected neighborhoods
to again meet and attempt to draft conditions that would address the issues and concerns
brought up by the neighborhoods as a whole.
The neighborhood representatives met with the applicant on June 30, 2005. Two sets of
additional conditions were drafted and agreed upon by both parties. The major changes agreed
upon included the following:
-----------.....----.-
ADMINISTRATIVE REPORT
Page 3
· A reduction in density from 40 units to 30 units.
· Limited access to Wible Road.
· Bermed landscaping along the Wible Road frontage.
· Tile roofs and earth-tone exteriors.
· 15 foot setback from the east property line with evergreen trees along said east line.
· Conditions and Restrictions to be recorded limiting buildings to one story, requiring plans are
used on record, controlling the exterior appearance of structures, and controlling common
access and maintenance.
One set of conditions addresses the general plan amendment and is applicable to the project as
a whole (2.83 acres). The second set of conditions addresses only the zone change portion of
the project (2.04 acres).
A letter appealing the decision of the Planning Commission was received in the City Clerk's
office on July 15, 2005. The appellants have voiced concerns over the conditions agreed upon
between the applicant and neighborhood representatives mentioned earlier and feel they are
not representative of the desires of the neighborhood as a whole.
02-
Admin\9-7-1704
ADMINISTRATIVE REPORT
MEETING DATE: September 7,2005
AGENDA SECTION: Hearings
ITEM: I'-I.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
August 31,2005
APPROVED
DEPARTMENT HEA~ ~
CITY ATTORNEVt1D 4/Z /¿¡ìl$-
CITY MANAGER fJc
SUBJECT: Vestina Tentative Tract 6328, aDDealed (Ward 5)
The Sierra Club appealed the Planning Commission's decision approving Vesting Tentative Tract
6328 and the Negative Declaration, located on the southwest corner of Panama Lane and Mountain
Vista Road. (SmithTech USA, Inc. / Subdivider: Lennar Homes).
1. Resolution upholding the decision of the Planning Commission approving Vesting
Tentative Tract 6328 located on the southwest comer of Panama Lane and Mountain
Vista Road, and denying the appeal by the Sierra Club.
RECOMMENDATION:
Staff recommends adopting resolution upholding the Planning Commission decision to approve
Vesting Tentative Tract 6328, and deny the appeal.
BACKGROUND:
On May 19, 2005, the Planning Commission approved Vesting Tentative Tract 6328 containing
289 lots for purposes of single family development and 1 sump lot on 79.83 acres, zoned R-1
(One Family Dwelling) including a request for alternate lot design, and to waive mineral rights
signatures pursuant to BMC 16.20.060 A.1., located on the southwest corner or Panama Lane
and Mountain Vista Road.
The Sierra Club, represented by Gordon Nipp, filed an appeal to the Commission's decision
stating the cumulative impacts to air quality, agricultural land conversion 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). Mr. Nipp spoke during
the Planning Commission hearing.
ADMINISTRATIVE REPORT
Page 2
Mr. Nipp is of the opinion the cumulative analysis in the air quality study is flawed. The San
Joaquin Valley Unified Air Pollution Control District (APCD) submitted correspondence that
concurred with the conclusions of the "Air Quality Impact Analysis" prepared by WZI, Inc. Fred
Woody, of WZI, testified that the study was prepared in accordance with APCD requirements, and
the APCD concurred with the study's findings. The air quality study was prepared for related
GPA/ZC #04-0435 on the subject property, which was approved on August 18, 2004. Mr. Nipp's
opinion that the study was incorrectly prepared is not substantiated by APCD.
An agricultural land conversion study was also prepared for GPA/ZC #04-0435. The study
evaluated conversion of the agricultural land to urban uses in relation the General Plan policies.
The study determined that the conversion would be less than significant.
A traffic study was prepared for GPA/ZC #04-0435. Mitigation measures are included in the
tract's conditions of approval to reduce impacts to less than significant levels. 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 previously adopted with approval of
GPAlZC # 04-0435. Staff recommends upholding the Planning Commission's decision to
conditionally approve the tentative tract map and deny the appeal.
JE
Admin\9-7-6328
--....--.-.---......-...--
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: Hearing
ITEM: I~, e .
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
August 11, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
5G-
~
Jt:.,
DATE:
SUBJECT: General Plan Amendment/Zone Change No. 04-0057/Williamson Act Contract
Cancellation (Appealed). (Ward 5 and 6).
QUAD KNOPF INC., for Gosford-Panama Partners, LLC. has proposed a general plan
amendment with a concurrent zone change, Williamson Act Contract Cancellation for property
located south of Panama Lane to McCutchen Road, west of Gosford Road to Progress Road,
for the purposes of developing a mixed use development in the City of Bakersfield. An appeal
by George B. Martin representing Golden Empire Concrete and Structure Cast was filed
opposing the Planning Commission recommendation to approve the project.
1. A Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Zone Change No. 04-0057/Annexation No.
440, known as Gosford-Panama annexation.
2. A Resolution making findings approving a general plan element amendment to change
the land use designation from R-IA (Resource-Intensive Agriculture) and SI (Service
Industrial) to MC (Major Commercial), GC (General Commercial), LI (Light Industrial), LR
(Low Density Residential), LMR (Low Medium Density Residential), and HMR (High
Density Residential) on approximately 300 acres and circulation element amendment to
eliminate the Collector designation of Progress Road between Panama Lane to
McCutchen Road.
3. First Reading of the ordinance approving an amendment to Title 17 of the Bakersfield
Municipal Code and changing Zoning Map No. 123-29 by changing the zoning from A
(Agriculture) to M-1 (Light Manufacturing), R-1 (One Family Dwelling), R-2 (Limited
Multiple Family Dwelling), MH (Mobile Home), and C-2IPCD (Regional
Commercial/Planned Commercial Development) zones on approximately 300 acres.
4. Resolution making findings, approving the cancellation of land use restrictions of a land
conservation contract (Williamson Act) on approximately 300 acres.
RECOMMENDATION:
Staff recommends denying the appeal and adopting the Resolutions and first reading of the
Ordinance.
ADMINISTRATIVE REPORT
Page 2
BACKGROUND:
The amendments to the Land Use Element and Circulation Element of the General Plan would
result in the development of commercial uses (55 acres) at the southwest corner of Gosford and
Panama Lane, light industrial uses (19.5 acres) south of the concrete batch plant east of
Progress Road, multiple family uses (62.9 acres) south of the light industrial area and single
family uses (143 acres) near the southern portion of the site, and another commercial area (9
acres) at the northwest corner of McCutchen and Gosford Roads. The Circulation Element is to
eliminate Progress Road between Panama Lane and McCutchen Road as a Collector segment
on the Circulation Map. This will allow the development of Progress Road as a local street.
The concurrent zone change will be consistent with the proposed land use amendment noted
above and will change to zone districts to M-1 on 19.5 acres, R-2 on 36 acres, MH on 28.8
acres, R-1 on 143 acres, and C-2/PCD on 67.28 acres.
The proposal provides a logical extension for a mixed use development in the path of
development south of the City of Bakersfield. The general plan encourages the orderly outward
expansion of new urban development that maintains continuity of existing development and
allows the incremental expansion of infrastructure and public services. The proposal complies
with the general plan's criteria. The general area north of the site, north of Panama Lane, has
been developed with urban uses including Silver Creek, Gosford Village and other residential
developments.
The Planning Commission conducted a public hearing on the general plan amendment/zone
change case and recommended approval to the City Council on July 7,2005. There were three
property owners that were in opposition to the project throughout the EIR process and the
GPA/ZC case, which included the industrial property owners adjacent to the project site. At the
July 7, 2005, public hearing, the representative from the Sierra Club spoke in opposition to the
project and gave testimony as to inadequacy of the environmental document. At the hearing the
environmental consultant along with city staff and other professional consultants gave
"testimony in the record" in response to the Sierra Club comments. George B. Martin
representing the Golden Empire Concrete and Structure Cast industrial companies filed
an appeal to the Planning Commission decision to approve the project without proper
buffering space between the industrial properties to the south of the site and the
residential property to the north of McCutchen Road. The development proposes a
commercial site along the north side of the industrial area and single family residential uses
north of McCutchen Road. McCutchen Road is designated as an Arterial segment and will have
an eventual width of 110 feet of right-of-way (with 6 lanes of traffic) and the requirement of a six
foot high masonry block wall along the street. In addition, the mitigation measures for the
proposal also provide for a final acoustical analysis to be conducted to confirm the required
location and height of sound walls when a site plan with sufficient detail is available (I.e., site
grading, pad heights, lot design, and setbacks). These noise measures were added to the
development due to comments received from the industrial property owners. Also, an odor
assessment was conducted through the EIR process for the project which found that odor
concentrations from the nearby sewage plant and industrial uses will not exceed the San
Joaquin Valley Air Pollution Control District thresholds.
ADMINISTRATIVE REPORT
Page 3
The Department of Conservation has opposed the cancellation of land conservation contract
(Williamson Act) on the project site. The Department does not agree with the three of the
findings made by city staff, which indicate the following: that removal of adjacent land from
agricultural use is unlikely, discontiguous patterns of urban development will not result if the
project site is left in the contract and there is no proximate noncontiguous land available for the
project development. There are several project proposals surrounding the project site for the
development of urban uses. Those projects
The California Environmental Quality Act (CEQA) requirements have been followed by staff and
the planning commission for the project. Staff conducted an initial study and it was determined
that the project could have a significant environmental effect. Therefore, an EIR was prepared,
in accordance with CEQA. The Planning Commission and Staff conducted several hearings on
the EIR including a public scoping meeting on October 21, 2004, an adequacy hearing to
receive comments on the Draft EIR on January 6, 2005, and a hearing on the EIR on July 7,
2005. The EIR was recommended for adoption by the Planning Commission on July 7, 2005.
Although compliance with local ordinances, state laws, construction to the Uniform Building
Codes and mitigation measures incorporated into the project as conditions of approval, there
are two impacts that are still significant. (These mitigation measures, along with the entire EIR
are contained on a disk within the Council Binders, available in the City Clerk's Office, the
Development Services Department and the City's webpage.) Unavoidable impacts which
cannot be reduced to less than significant levels through mitigation are: agriculture and
aesthetic issues. The EIR proposes a Statement of Overriding Considerations for these issues.
Staff recommends approval of the Final EIR, with mitigation measures and accompanying
mitigation monitor plan and the adoption of CEQA findings per Section 15091 and the
Statement of Overriding Considerations per Section 15093.
MO
Admin\9-7-0057
ADMINISTRATIVE REPORT
MEETING DATE: September 7, 2005
AGENDA SECTION: New Business
ITEM: IS.a.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD óZJS
CITY ATTORNEY yç
CITY MANAGER ((133
FROM:
Alan Tandy, City Manager
DATE:
September 2, 2005
SUBJECT: Memorandum of Understanding between the City of Bakersfield and the Bakersfield
Redevelopment Agency for the Sale of 1,280 Surplus Acres of City Property Commonly
Known as the 5,000 Acre Southeast Farm. (Ward 1)
RECOMMENDATION: Budget and Finance Committee recommends Council discussion and
consideration of the Memorandum of Understanding.
BACKGROUND: The City has a unique opportunity to attempt to realize a gain on land long held in
our ownership, which in our "hof' real estate market may have appreciated in value since it is now in the
pathway of development. The purpose of the Memorandum of Understanding is to provide a legal means
to explore the possibility and feasibility of such a gain. It needs to be made clear that there is no certainty
of a gain. While 14 groups have expressed some level of interest, none have yet been called upon to offer
guarantees. Also, the "offsef' costs to make the Wastewater Fund whole are not yet firm. The
recommended process will determine if the potential gain can be made real, or not.
The property under consideration is currently being utilized as part of a 5,OOO-acre farm and is essentially
raw land upon which partially treated wastewater is spread and further treated through the growing of
plants. If this property is sold, it will be necessary to replace the lost sewer capacity either through a
subsequent replacement land purchase or by providing an upgrade of the sewer plant to include tertiary
treatment. This land is located in an area in the southeast part of town and is experiencing rapid
encroachment of urban uses.
The City and the Redevelopment Agency desire to help stimulate the economy and encourage community
development in the southeast. Staff has determined that a unique opportunity exists for redevelopment of
this property through a joint venture between the City and the Redevelopment Agency. The venture would
allow the City to convey the property to the Redevelopment Agency. Subsequent to this conveyance, the
property would be sold by the Agency upon receipt of an acceptable proposal by developer to both City
and Agency, in an amount sufficient to generate enough funds to meet the current and future sewer
capacity needs and also provide funds that could be used by the Redevelopment Agency for additional
redevelopment activities. The venture plan calls for the Redevelopment Agency to purchase it from the
City with certain conditions as detailed in a Memorandum of Understanding.
The attached Memorandum of Understanding provides the framework for the City and the Agency to
proceed in relationship to exploring this potential real estate transaction. The MOU is just the first ~tep i.n
the transaction. Once the MOU is executed, the key components of the actual real estate transaction will
S:\Admin Rpts\2005\CityFarm - New Bus - 090705.doc
91212005 9:03 AM
AT:al
ADMINISTRATIVE REPORT
Page 2
be clarified and incorporated into a purchase/sale agreement which will be bought back to the City Council
for approval at a later time.
Provisions of the Memorandum of Understanding are summarized as follows:
.:. The City will declare the property as surplus and convey the property to the Redevelopment
Agency, taking back a note. The proposed conveyance and its subsequent disposition to the
private sector for commercial and residential development will be subjected to appropriate
environmental review and all applicable entitlement processes.
.:. The sales price will be determined to be the cost of the necessary sewer replacement land and any
related costs associated with bringing required pipes to a new sewer farm spreading area, or the
cost of tertiary treatment equipment for the sewer plant. The final sales price could also include
the amount of any sewer funds that may be loaned to the Redevelopment Agency that would be
needed by the Agency to properly zone and entitle the property such as engineering, planning and
permitting costs in preparation for its resale to a private developer. This pricing procedure assures
that the City's sewer fund is made completely whole in the transaction under this scenario
.:. The Redevelopment Agency will take the necessary steps to have the property entitled. A
solicitation for developer qualifications and development proposals will be conducted by the
Redevelopment Agency, and a developer and development plan will be selected. The
Redevelopment Agency will negotiate and sell the property to one or more selected developers.
The Redevelopment Agency will pay the required sales price as outlined above to the City to
replenish the sewer fund immediately upon resale of all or part of the land to a developer.
.:. The City Council may retain or allocate all or a portion of any profits generated by the sale of the
property for any purpose they so choose.
.:. The City and Agency will be required to execute multiple, joint documents throughout this process.
It is the intent of the City and Agency that these documents will fulfill the full intent of this initial
Memorandum of Understanding.
Other Considerations:
California Community Redevelopment law does provide for authority of an agency to operate outside the
project area under certain circumstances. An agency, at the request of the legislative body (City Council)
of the community, may accept a conveyance of real property (located within or outside of a survey area)
owned by a public entity and declared surplus by the public entity or owned by a private entity (Health &
Safety Code 33396).
Staff believes that it is premature to allocate potential gains from the transaction, if any are realized,
Unrealistic expectations as to the amount and/or uses for the funds may the effect of producing negativity
or disappointment instead of an excellent opportunity for positive benefit to the community.
The Budget and Finance Committee met twice to review the proposed MOU and recommended some
changes to the document which provide for greater Council discretion regarding the process. The
Committee had some remaining questions and recommended that this item be discussed and considered
by the entire City Council.
Attached is a memo responding to questions asked of staff at the Budget and Finance Committee meeting
on August 31, 2005.
S:lAdmin Rpts\2005\CityFann - New Bus - 090705.doc
9/2120059:03 AM
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 17, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Report on the sale of the City Farm.
City Manager Tandy provided an overview, showed
maps and made staff comments.
Councilmember Carson requested the Budget and
Finance Committee review the information presented
and make a recommendation to the Council.
Council requested staff provide information regarding
circumstances surrounding the City's acquisition of the
land.
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 - Anthony
Campbell, et al v. City, et al.
Bakersfield, California, August 17, 2005 - Page 2
4.
CLOSED SESSION continued
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(1 )(3)(B) of Government Code Section 54956.9.
(One case - Surrounding Objections to GPA/ZC 04-
1704)
City Clerk McCarthy read into the record the
following additional information: "The facts and
circumstances which permit this Closed Session
include, but are not limited to, information that
neighbors surrounding this project have formed a
citizens' action group to protest this project, and,
retained an attorney to file an action against the
City."
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:47 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:27 p.m.
RECONVENED MEETING - 6:30p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Councilmember Carson
7. PLEDGE OF ALLEGIANCE by Randi Flores, 4th Grade
Student, and Toni Flores, 2nd Grade Student at Endeavor
Elementary School.
B. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 - Anthony
Campbell, et al v. City, et al.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subdivision
(b)(1 )(3)(B) of Government Code Section 54956.9.
(One case - Surrounding Objections to GPA/ZC 04-
1704)
b.
ACTION TAKEN
APPROVED
APPROVED
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, August 17, 2005 - Page 3
B.
CLOSED SESSION ACTION continued
City Attorney Gennaro announced Councilmember
Scrivner will recused himself on item 8.b. due to a
conflict of interest.
9. PRESENTATIONS
a. Presentation by Mayor Hall and City Council to
Congressman Bill Thomas in appreciation for
securing federal highway funding for five major local
transportation projects.
Congressman Thomas made comments and
accepted the Presentation.
10. PUBLIC STATEMENTS
a. Stan Shires, Executive Director of the North of the
River Chamber of Commerce, recognized
the City Council and the Public Works Department.
b. Robert Barnard spoke regarding train horn blowing.
Councilmember Benham requested staff respond to Mr.
Barnard's concerns and obtain contact information
from Mr. Barnard.
c. John Decker spoke regarding the street light in front
of 521 E. 18th Street and train noise.
Councilmember Benham requested staff provide an
explanation regarding the length of time involved in
repairing the street light.
Councilmember Maggard requested staff explore the
feasibility of requesting a City exemption from the law
requiring trains to blow whistles at all street crossings.
d. Shane Ellis, General Manager for Kern Charter
Services at the Municipal Airpark, and John Harmon
spoke regarding a possible restaurant at the Airpark.
e. Susan Salvucci spoke regarding the extension of
Belle Terrace.
Councilmember Carson requested staff contact Ms.
Salvucci and provide responses to her questions.
f. Ken Smokoska representing The California
Alternative Energies Corporation, spoke regarding
solar homes.
ACTION TAKEN
Bakersfield, California, August 17, 2005 - Page 4
11.
APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 20, 2005 Regular
Council Meeting.
Payments:
b. Approval of department payments from July 8, 2005
to August 4,2005 in the amount of $14,023,342.08
and self insurance payments from July 8, 2005 to
August 4, 2005 in the amount of $1 ,340,271.57.
Ordinances:
c.
First Reading of Ordinance adopting a negative
declaration and amending Section 17.06.020
(Zone Map NO.1 04-17) of the Municipal Code
changing the zoning from R-1 (One Family
Dwelling) zone to PUD (Planned Unit Development)
zone on 100.16 acres located on the southwest
corner of Panorama Drive and Masterson Street.
(File 05-0298)
d.
Adoption of Ordinance adopting a negative
declaration and amending Section 17.06.020
(Zone Map NO.1 04-17) of the Municipal Code
changing the zoning from R-1 (One Family Dwelling)
zone to PUD (Planned Unit Development) zone on
183.84 acres to allow a gated street seniors
development generally located between Paladino
and Panorama Drives, Masterson Street and
Vineland Road. (File 04-1572)
e.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the Municipal
Code and Zoning Map No. 102-05 from an A
(Agriculture) to E (Estate) on 98.7'!:. acres, located
on the southeast corner of Calloway Drive and
Etchart Road. (Applicant: SmithTech USA) (ZC 05-
0221).
ACTION TAKEN
FR
ORD 4262
ORD 4263
Bakersfield, California, August 17, 2005 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
Resolutions:
f. Assessment District No. 05-3 (Liberty II/Village
GreenrT esoro-Encanto/Lin/Rider/Diamond Ridge):
1. Resolution approving boundary map. RES 173-05
2. Resolution of Intention No. 1398. RO/1398
3. Resolution accepting petition and RES 174-05
determining to undertake special
assessment proceedings.
4. Agreement with Wilson & Associates for AGR 05-286
assessment engineering.
5. Agreement with Orrick, Herrington & Sutcliffe AGR 05-287
for legal services (bond).
6. Agreement with Pillsbury Winthrop Shaw AGR 05-288
Pittman LLP for legal services (disclosure).
g. Resolution determining that playground equipment RES 175-05
and structure components for Quailwood Park and
Campus Park North cannot be obtained through the
usual bidding procedures and authorizing the
Finance Director to dispense with bidding therefore,
not to exceed $102,000.00.
h. Resolution adding territory, Area 1-58 (Snow RES 176-05
Rd/Verdugo NW) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
i. Resolution adding territory, Area 3-35 (Hosking/99 RES 177-05
SW) to the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection
of assessments by the Kern County Tax Collector.
j. Resolution of Intention No. 1395 adding territory, ROt 1395
Area 3-36 (Hughes/McKee SE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Bakersfield, California, August 17, 2005 - Page 6
12.
CONSENT CALENDAR continued
ACTION TAKEN
k.
Resolution of Intention No. 1396 adding territory,
Area 3-37 (Panama/Buena Vista NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
RO/1396
L
Resolution of Intention No. 1397 adding territory,
Area 2-30 (Stockdale/Renfro SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
RO/1397
m. Resolution of Intention No. 1381 to order the RO/1381
vacation of 0 Street between Truxtun Avenue
and 17th Street. (Vacation of this street and alley
will be contingent upon GSA's award of contract to
TACT Development for the development of the
Federal Courthouse project.)
Agreements:
n. Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements AGR 05-289
with Bakersfield Panorama L.P. for Tract AGR 05-290
6193 Phase 1 located easterly of Kern
Canyon Road and north of Chase Avenue.
2. Improvement Agreement with Kern-HH&R AGR 05-291
Partners for Parcel Map 10898 located
south of Riverlakes Drive and west of Coffee
Road.
3. Final Map with Laurelglen Realty, LLC for
Tract 6348 located north of N. Half Moon
Drive and west of Ashe Road.
4. Final Map for Tract 6118 Unit 6 and AGR 05-292
Agreements with Centex Homes for Tract AGR 05-293
6118 Units 6, 7 and 8 located south of Snow AGR 05-294
Road and west of Old Farm Road.
5. Final Map for Tract 6195 Unit 5 and AGR 05-295
Agreements with Centex Homes for Tract AGR 05-296
6195 Units 5, 6, 7 and 8 located south of
Snow Road and east of Allen Road.
Bakersfield, California, August 17, 2005 - Page 7
12.
CONSENT CALENDAR continued
ACTION TAKEN
o. Baker Street Crossing:
1.
Agreement with Union Pacific Railroad
(estimated cost $99,855.00) for improvement
of the Baker Street crossing of the Union
Pacific tracks.
AGR 05-297
2. Void existing Agreement No. 05-028 with
Union Pacific Railroad for same crossing.
p. Agreement with J. Stanley Antongiovanni (not to AGR 05-298
exceed $1.00 per year for three years) to rent a
future city park site located north of Hosking Road,
east of Ashe Road and south of Berkshire Road for
farming purposes.
q. Mesa Marin Softball and Soccer Recreation REMOVED FOR
Complex: SEPARATE
CONSIDERA TION
1. Agreement with Total Concept Landscape
Architecture (not to exceed $20,000.00) to
provide design services in the conceptual
planning of the Mesa Marin Softball and
Soccer Recreation Complex.
2. Appropriate $20,000.00 Park Improvement
Fund Balance (Northeast-Zone 3) for
Mesa Marin design services.
Ground Lease with John Harmon for purposes of REMOVED FOR
r. SEPARATE
constructing a restaurant at the Bakersfield CONSIDERA TION
Municipal Airport.
Contribution Agreement with the Bakersfield AGR 05-300
s.
Symphony Orchestra ($50,000.00) for Fiscal
Year 2005-06.
t. Agreement with California Water Service Company AGR 05-301
for construction of a booster station on
Paladino Drive, east of Masterson Drive.
u. Amendment NO.1 to Agreement No. 05-130 with AGR 05-130(1)
Marderosian, Runyon, Cercone, Lehman & Armo
($50,000.00, total contract not to exceed
$100,000.00) for outside legal services in the
matter of Anthony Campbell, et al v. City, et al.
Bakersfield, California, August 17, 2005 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
v. Amendment NO.3 to Agreement No. 01-018 with AGR 01-018(3)
AmeriNational Community Services, Inc. to add
specific language to the existing agreement
regarding the City's down payment
assistance programs.
w. Amendment NO.1 to Agreement No. 04-293 AGR 04-293(1)
($1,500,000.00, revised contract not to exceed
$3,000.000.00) with Granite Construction Co. for
street materials for the Streets Division.
x. Improvement Plan Checking Engineering Services:
1. Amendment NO.1 to Agreement No. PW05- AGR 05-302
028 with CRC Enterprises, Inc.,
($50,000.00, total contract not to exceed
$70,000.00) for design engineering
assistance in the updating of City standards,
specifications and ordinances.
2. Appropriate $30,000.00 Capital Outlay Fund
balance to the Capital Improvement
Budget.
y. Amendment NO.1 to Agreement No. 02-077 with AGR 02-077(1)
State of California, Department of Transportation
(Caltrans) for the preparation of plans and
specifications for the interchange on State Route
178 at Fairfax Road.
z. Street Improvements - Right Turn Lanes at Truxtun
@ Office Park, Truxtun @ Commercial Way, and,
Ming Ave. @ SR99:
1. Contract Change Order NO.1 to Agreement AGR 04-336 CC01
No. 04-336 with Griffith Co. ($24,189.34,
revised contract not to exceed $401,766.34)
for projects.
2. Appropriate $25,000.00 Gas Tax Fund
balance to the Capital Improvement Budget.
Bids:
aa. Accept bid to award contract to AC Electric AGR 05·303
($88,980.00) for median modification and traffic
signal and lighting installation (signal portion only)
on Q Street at 14th Street.
-_._-_..~_._..-
Bakersfield, California, August 17, 2005 - Page 9
12.
CONSENT CALENDAR continued
bb.
Bakersfield Municipal Airport Resurfacing Project:
1. Accept bid to award contract to Valley Slurry
Seal Company ($238,743.19) for
construction of the project.
2. Grant Agreement with California Department
of Transportation ($85,000.00) for the
project.
3. Appropriate $85,000.00 California Aid to
Airports Program Grant funds and
$29,000.00 General Aviation Fund Balance
to the Capital Improvement Budget within
the General Aviation Fund.
cc.
Accept bid to award contract to Griffith Company
($1,475,475.00) for the resurfacing of
various streets - 04/05 VLF Phase 1.
dd. Accept bids from McCain Traffic Supply
($64,833.91), Western Pacific Signal LLC
($62,961.33) and GDI Communications ($3,513.51)
for traffic signal equipment for the Public Works
Department. (Total $131,308.75)
ee. Accept bid from Sunrise Lighting Systems
($234,594.36) for signal poles for various
intersections for the Public Works Department.
ff. Accept bid from Econolite Control Product, Inc.
($132,271.43) for machine vision detection
systems at various traffic signal locations for the
Public Works Department.
gg. Accept bid from Rehrig Pacific Co. ($572,929.50) for
refuse, green waste and recyclable containers for
the Solid Waste Division of Public Works.
hh. Reject bids for annual contract for lubricating
products for various City departments.
Miscellaneous:
iL
Granting of relocated waterline easement by
Dollinger Bakersfield Associated II for Parcel 1
of Parcel Map 9301 located north of White Lane
along the east side of Gosford Road.
ACTION TAKEN
REMOVED FOR
SEPARATE
CONSIDERA nON
AGR 05-306
DEED 6285
Bakersfield, California, August 17, 2005 - Page 10
12.
CONSENT CALENDAR continued
jj.
Extension of water main and granting of waterline
easement from Scott A. McMillan & Tani McMillan
for water service to La Cabana Restaurant located
at 6261 White Lane.
kk.
Quitclaim Deed to Lincoln Trust Company for an
emergency access easement over lots 114
and 115 of Tract 4159 located at 8000 and 8004
Latham Court.
Quitclaim Deed to Lincoln Trust Company for an
emergency access easement over lots 114 and 115
of Tract 4159 located at 8000 and 8004 Latham
Court.
mm. Appropriate $50,000.00 Park Improvement Fund
balance (Central- Zone 2) for the demolition of
Saunders Pool.
II.
Water Board Report No. 1-05 regarding water
supplies for the City.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.nn. with the removal of
items 12.q., 12.r., 12.bb., 12./1. and 12.nn. for separate
consideration.
nn.
q. Mesa Marin Softball and Soccer Recreation
Complex:
1. Agreement with Total Concept Landscape
Architecture (not to exceed $20,000.00) to
provide design services in the conceptual
planning of the Mesa Marin Softball and
Soccer Recreation Complex.
2. Appropriate $20,000.00 Park Improvement
Fund Balance (Northeast-Zone 3) for
Mesa Marin design services.
Motion by Councifmember Maggard to refer item 12.q.
to the Planning and Development Committee.
.. '-"-..-,-_.
ACTION TAKEN
DEED 6286
DEED 6287
REMOVED FOR
SEPARATE
CONSIDERA TION
REMOVED FOR
SEPARATE
CONSIDERA TION
APPROVED
APPROVED
Bakersfield, California, August 17, 2005 - Page 11
12.
CONSENT CALENDAR continued
r.
Ground Lease with John Harmon for purposes of
constructing a restaurant at the Bakersfield
Municipal Airport.
Counilmember Carson announced she will support
the Lease Agreement with the understanding she
will be referring the issue of the economic feasibility
of selling the airport to the Budget and Finance
Committee later in the meeting.
Motion by Councilmember Carson to approve the
Lease Agreement.
bb. Bakersfield Municipal Airport Resurfacing Project:
Accept bid to award contract to Valley Slurry
Seal Company ($238,743.19) for
construction of the project.
Grant Agreement with California Department
of Transportation ($85,000.00) for the
project.
3. Appropriate $85,000.00 California Aid to
Airports Program Grant funds and
$29,000.00 General Aviation Fund Balance
to the Capital Improvement Budget within
the General Aviation Fund.
1.
2.
Motion by Councilmember Carson to approve item
12.bb.
II. Consideration of request for funding in the amount
of $5,000.00 for the Bakersfield Downtown Business
and Property Owners Association (DBA) to be used
for consulting services to assist in the formation of a
new Community Benefit District (CBD) for
downtown.
Motion by Councilmember Benham to approve item
12./1.
nn. Water Board Report No. 1-05 regarding water
supplies for the City.
Motion by Vice-Mayor Maggard to accept the Report.
ACTION TAKEN
AGR 05-299
APPROVED
AGR 05-304
AGR 05-305
APPROVED
APPROVED
APPROVED
Bakersfield, California, August 17, 2005 - Page 12
13.
CONSENT CALENDAR HEARINGS
a. General Plan Amendment/Zone Change No. 04-
1570; Project Design Consultants, representing
Lenox Homes, property owner, has proposed a
general plan amending and zone change on 100
acres located on the east side of S. Union Avenue,
north and south of E. Berkshire Road, for which
annexation into the City is proposed.
1.
Resolution adopting the Negative
Declaration and approving a general plan
amendment to change the land use
designation from SR (Suburban Residential)
to ER (Estate Residential) on 33 acres and
from SR to LR (Low Density Residential) on
67 acres.
First Reading of Ordinance adopting the
Negative Declaration and approving an
amendment to Title 17 of the Municipal Code
from A (Agriculture) to E (1 acre minimum)
on 33 acres and from R-S (Residential
Suburban) and E (Estate One Family
Dwelling) on 67 acres.
2.
b. General Plan Amendment/Zone Change 04-1763;
SmithTech/USA Inc., representing Jean Ollivier, et
ai, property owner, has applied for a general plan
amendment on 17 acres located along the north
side of E. Berkshire Road, generally east of S.
Union Avenue, for which annexation to the City is
proposed.
1.
Resolution adopting the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential).
First Reading of Ordinance adopting the
Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No.
101-01 from A (Agriculture) to R-1 (One
Family Dwelling) zone.
2.
ACTION TAKEN
RES 178-05
FR
RES 179-05
FR
Bakersfield, California, August 17, 2005 - Page 13
113.
CONSENT CALENDAR HEARINGS continued
c. General Plan Amendment/Zone Change No. 04-
1766; SmithTech/USA Inc., representing Michel
Etcheverry, property owner, has proposed a general
plan amendment and zone change on 80.24 acres
located at the southeast corner of Seventh Standard
Road and Jewetta Avenue (future), for which
annexation into the City is proposed.
1.
Resolution adopting the Negative
Declaration and approving a general plan
amendment to change the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on 80.24
acres.
2.
First Reading of Ordinance adopting the
Negative Declaration and approving an
amendment to Title 17 of the Municipal Code
from A (Agriculture) to R-1 (One Family
Dwelling) on 80.24 acres.
d. General Plan Amendment No. 05-0403; Cal-Kern
Development, LLC, property owner, has proposed a
general plan amendment on 58 acres located north
of State Route 178, approximately 600 feet east of
the intersection on Morning and Panorama Drives.
1.
Resolution adopting the Negative
Declaration and approving a general plan
amendment to change the land use
designation from R-MP (Resource-Mineral
and Petroleum to LR (Low Density
Residential) on 58 acres.
e. General Plan Amendment/Zone Change No. 05-
0535; The Keith Companies, representing
Panorama Highlands Development, property owner,
has proposed a general plan amendment on 11.58
acres and zone change on 12 acres located on the
north and south sides of Panorama Drive,
approximately'h mile east of Fairfax Road.
ACTION TAKEN
RES 180-05
FR
RES 181-05
Bakersfield, California, August 17, 2005 - Page 14
13.
CONSENT CALENDAR HEARINGS
Item 13.e. continued
1.
Resolution adopting the Negative
Declaration and approving the general plan
amendment and changing the land use
designation from OS-P (Open Space-Park)
to LR (Low Density Residential) on 11.58
acres and from HR (High Density
Residential) to LR on 12 acres.
First Reading of Ordinance adopting the
Negative Declaration and approving the
request to amend Title 17 of the Municipal
Code from R-3 (Limited Multiple Family
Residential) on 10.17 acres and R-3-MH
(Limited Multiple Family Residential-Mobile
Home) to R-1 (One Family Dwelling) on 1.82
acres.
2.
City Clerk McCarthy announced there was an error
in the staff report and the staff recommendation is to
approved the item and not deny.
f.
General Plan Amendment 04-2005; The City has
proposed a general plan amendment to the
Circulation Element and adopting a Specific Plan
Line for the Washington Street alignment.
1. Resolution adopting the Negative
Declaration and general plan amendment to
the Circulation Element and, adoption of a
specific plan line.
g. General Plan Amendment/Zone Change No. 04-
1764; SmithTech/USA, Inc., representing Kevin
Pascoe, property owner, has proposed a general
plan amendment and zone change on 41.89 acres
located on the southeast corner of Panama Lane
and Buena Vista Road, for which annexation into
the City is proposed.
1.
Resolution adopting the Negative
Declaration and approving a general plan
amendment to change the land use
designation from R-IA (Resource Intensive
Agricultural) to LR (Low Density Residential)
on 41.89 acres.
-~-----~-----
ACTION TAKEN
RES 182-05
FR
REMOVED FOR
SEPARATE
CONSIDERA nON
RES 183-05
Bakersfield, California, August 17, 2005 - Page 15
B13. CONSENT CALENDAR HEARINGS
Item 13.g. continued
2.
First Reading of Ordinance adopting the
Negative Declaration and approving an
amendment to Title 17 of the Municipal Code
from County A (Agriculture) to R-1 (One
Family Dwelling) on 41.89 acres.
Hearings opened at 7:24 p.m.
At a citizen's request item 13.f. was removed from
Consent Calendar Hearings and moved to the
Hearings portion of the meeting as item 14.f.
Hearings closed at 7:27 p.m.
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearing items 13.a. through 13.g. with the
removal of item 13.f. for separate consideration.
Regarding item 13.d., Vice-Mayor Maggard thanked Mr.
Davis for his commitment to the community and stated
for the record the applicant has agreed to the following
condition: "Prior to recordation any subdivision or
portion thereof for residential development, the
applicant shall provide the City Recreation and Parks
Department $100,000 for enhanced improvements in
the community park site located approximately ~ mile
north of the project site. Payment may be deferred to
recordation of Phase 2 at the discretion of staff. "
14. HEARINGS
a. General Plan Amendment/Zone Change No. 04-
0815; McMillan Homes has appealed the Planning
Commission's decision to deny the proposal by
Pacific Engineering, Maurice Etchechury, on behalf
of James Etcheverry, et al for a general plan
amendment and zone change on 82.5 acres located
along the north side of Snow Road, generally
between Allen Road and Calloway Drive.
1 . Resolution adopting the Negative
Declaratiç>n and requested general plan
amendment from SR (Suburban Residential)
to LR (Low Density Residential).
2. First Reading of Ordinance adopting the
Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No.
101-01 from A (Agriculture) to R-1 (One
Family Dwelling).
ACTION TAKEN
FR
APPROVED
Bakersfield, California, August 17, 2005 - Page 16
14.
HEARINGS continued
Item 14.a. continued
Development Services Director Grady made staff
comments.
Hearing opened at 7:31 p.m.
Councilmember Couch announced his intention to
make a motion to delay this hearing to the
September 7th Council meeting.
Gary Buntman, Vice-President and Co-Owner of
Crimson Resource Management, and Tom
Gelanardo, California Division of Oil, Gas and
Geothermal Resources, spoke in opposition to the
staff recommendation.
Jeff Guiterrez, Dewalt Corporation, spoke in support
of Councilmember Couch's proposal to delay the
hearing until September 7, 2005.
Motion by Councilmember Couch to continue the
hearing to September 7, 2005.
b. General Plan Amendment/Zone Change No. 03-
1188 and Tentative Tract 6352; The Sierra Club has
appealed the Planning Commission's decision
approving a proposal by David Pitcher, representing
Eagle Meadows, for a general plan amendment,
zone change and Tentative Tract 6352 located
between State Routes 178 and 184, east of
Vineland Road for purposes of developing a single
family residential subdivision.
1.
Resolution denying the appeal and certifying
the Final Environmental Impact Report
for the Eagle Meadows development.
Resolution denying the appeal and
approving a general plan amendment to
change the land use designation from OS
(Open Space) to LR (Low Density
Residential) on 2.7 acres and a change to
the Circulation Element to add the collector
designation to Highland Knolls Drive, east of
Vineland, and amend the Bikeways Master
Plan for a Class II bike lane on the same
segment of Highland Knolls.
2.
ACTION TAKEN
APPROVED
RES 184-05
RES 185-04
Bakersfield, California, August 17, 2005 - Page 17
14.
HEARINGS continued
Item 14.b. continued
3.
First Reading of Ordinance denying the
appeal and approving an amendment to Title
17 of the Municipal Code from OS to R-1
(One-Family Dwelling) on 2.7 acres.
Resolution denying the appeal and
approving Tentative Tract 6352.
4.
Development Services Director Grady made staff
comments.
Hearing opened at 7:57 p.m.
Gordon Nipp, on behalf of the Sierra Club, spoke in
opposition to the staff recommendation.
Hearing closed at 8:05 p.m.
Motion by Vice-Mayor Maggard to adopt the
Resolutions with conditions included, and an
amendment providing for the right of way for an
interchange at Vineland and Hwy. 178, certify the EIR
and give first reading to the Ordinance.
c. General Plan Amendment/Zone Change No. 04-
0853; GFC Properties has proposed a general plan
amendment and zone change for property generally
bounded by the Rio Bravo Country Club property on
the north, Comanche Drive to the west, and
Breckinridge Road to the south for purposes of
developing single and multi-family residences.
1.
Resolution certifying the Final Environmental
Impact Report for Rio Bravo NO.3
Annexation, General Plan Amendment/Zone
Change No. 04-0853.
"_..,-_.~."-
ACTION TAKEN
FR
RES 186-05
APPROVED
RES 187-05
14.
Bakersfield, California, August 17, 2005 - Page 18
HEARINGS continued
Item 14.c. continued
2.
Resolution approving a general plan
amendment to change the land use
designation from R-EA (Resource -
Extensive Agriculture) to LR (Low Density
Residential) and LMR (Low Medium Density
Residential) and approving the requested
general plan amendment to change the
Circulation Element by eliminating one
unnamed collector street segment extending
from Chase Avenue within the Project site
and reclassifying a separate unnamed
collector street extending from Miramonte
Drive connecting to the Rio Bravo Country
Club to a local street designation.
First Reading of Ordinance approving
amendment to Title 17 of the Municipal Code
from A (Agriculture) to R-1 (One Family
Dwelling) and R-1-HD (One Family
Dwelling-Hillside Development) on 600
acres and R-2 (Limited Multiple Family
Dwelling) and R-2-HD (Limited Multiple
Family Dwelling-Hillside Development) on
17 acres.
3.
Development Services Director Grady made staff
comments.
Hearing opened at 8:15 p.m.
Randy Steinart and Gordon Knipp, on behalf of the
Sierra Club, spoke in opposition to the staff
recommendation.
Ron Hunter, Kelly Lucas and Ed Coyne spoke in
favor of the staff recommendation.
Gordon Nipp, on behalf of the Sierra Club, spoke in
rebuttal opposition to the staff recommendation.
Ron Hunter spoke in rebuttal support of the staff
recommendation.
Hearing closed at 8:39 p.m.
ACTION TAKEN
RES 188-05
FR
Bakersfield, California, August 17, 2005 - Page 19
14.
HEARINGS continued
Item 14.c. continued
ACTION TAKEN
At Vice-Mayor Maggard's request for the record, Tom
Fallgatter Esq., on behalf of Mr. Coyne agreed to the
following:
· The applicant will mitigate to zero standard as
stipulated in the EIR
· One of two easements remain flexible to
becoming possible alternative road ways should
the public interest be better served
· A third roadway will be built into Rio Bravo
· A roadway will be built connecting Miramonte
and Comanche
· Four foot shoulders for class three bike lanes
from Hwy. 178 on Comanche to Edison Hwy. will
be built
· Applicant will provide the striping required on
either side of the roadway to attain class three
bike lane standard
Vice-Mayor Maggard read into the record: "City is
willing to enter into a Reimbursement Agreement for
the PWD Conditions of Approval identified in numbers
3 and 12 below subject to approval of appropriate City
Staff and, if necessary, City Council. Reimbursement
shall be predicated on subsequent development of the
area benefited. "
Motion by Vice-Mayor Maggard to deny any appeals,
certify the EIR, include stipulations between the
developer and the City, include co"ections and
approve the Resolutions and give first reading to the
Ordinance.
APPROVED
Recess taken from 9:02 to 9:15 p.m.
d. General Plan Amendment/Zone Change No. 04-
1704; Jimmy and Robin Tabangcora have appealed
the Planning Commission's decision approving
proposal by Gerald Almgren, Kern Delta Land
Development Corp. for a general plan amendment
on 2.83 net acres and zone change on 2.04 net
acres located on the east side of Wible Road
approximately 200 feet south of Berkshire Road.
Bakersfield, California, August 17, 2005 - Page 20
14.
HEARINGS continued
Item 14.d. continued
ACTION TAKEN
1. Resolution adopting the Negative
Declaration and approving a general plan
amendment to change the land use
designation from LMR (Low Medium
Residential) to HMR (High Medium
Residential) on 2.83 net acres.
2. First Reading of Ordinance adopting the
Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map 123-
25 from R-1 (One Family Dwelling) to R-2
(Limited Multiple Family Dwelling) on 2.04
acres.
Staff comments by Development Services Director
Grady.
Hearing opened at 9:21 p.m.
Attorney Richard Harriman spoke on behalf of the
Wible Road Action Group and Valley Advocates in
opposition to the staff recommendation and
provided written material.
Attorney Tom Fallgatter, on behalf of the applicant,
Matt Kedzierski and Todd Funk spoke in favor of
the staff recommendation.
Richard Harriman and Lisa Hess spoke in rebuttal
opposition to the staff recommendation.
Motion by Councilmember Hanson to continue the
hearing to the September 'f'1' Council meeting.
APPROVED
AS SCRIVNER
e. Hearing to consider Resolution amending the City's
Sphere of Influence, approval of updated Municipal
Services Review and adoption of a Negative
Declaration.
City Clerk McCarthy announced four pieces pf
correspondence had been received by the City
Clerk's office regarding the issue, two in support of
the staff recommendation and two opposed to the
staff recommendation.
-~~
Bakersfield, California, August 17, 2005 - Page 21
14.
HEARINGS continued
Item 14.e. continued
Staff comments by Development Services Director
Grady, who noted a change in the staff
recommendation pro~osing the matter be continued
to the September 28' Council meeting, and City
Manager Tandy.
Hearing opened at 10:09 p.m.
Gordon Nipp and Bob Shore spoke in opposition to
the proposed item.
Dave Dmohowski, Project Design Consultants,
spoke on behalf of Flying Seven Ventures and Rio
Bravo Ranch in favor of the proposed item.
Councilmember Benham requested staff provide
information regarding provisions of the Williamson Act,
Super Williamson Act, time frame for obtaining
Williamson Act designation and Farmland
Conservation Easements.
Councilmember Couch staff provide a transcript of the
City Manager's introductory comments and report
to Council regarding the impact on farms/farmers
should adjacent properties outside the Sphere of
Influence request City services.
Vice-Mayor Maggard requested staff meet with Mr.
Shore to address his concerns.
Motion by Vice-Mayor Maggard requested the hearing
be continued to September 28, 2005; staff to develop a
strategy to communicate the City's position regarding
the Sphere of Influence to aI/local print media.
f. General Plan Amendment 04-2005; The City has
proposed a general plan amendment to the
Circulation Element and adopting a Specific Plan
Line for the Washington Street alignment.
1. Resolution adopting the Negative
Declaration and general plan amendment to
the Circulation Element and, adoption of a
specific plan line.
Hearing opened at 10:38 p.m.
Father Joseph Chaffee spoke in opposition to the
staff recommendation.
.-.--.---..-
ACTION TAKEN
APPROVED
Bakersfield, California, August 17, 2005 - Page 22
ACTION TAKEN
City Manager Tandy requested Council continue the
item to the September 7th Council meeting.
Motion by Councilmember Carson to continue the
hearing to September 7'h.
15. MAYOR AND COUNCIL STATEMENTS
APPROVED
Councilmember Benham requested staff research
utilizing video surveillance for anti-graffiti enforcement
and provided an informational article.
Councilmember Benham requested staff clean up
hydraulic fluid spilled by a sanitation vehicle.
Councilmember Benham presented Councilmember Couch
with a birthday proclamation.
Councilmember Scrivner requested staff provide a
report regarding reducing length of time signal lights
are not timed after a power outage.
Council member Scrivner thanked Kappa Alpha Fraternity
and Phi Sigma Sigma Sorority for the recent graffiti clean-
up.
Councilmember Sullivan requested staff fill pothole
at 1217 Club View Drive and 3713 Lillian Way.
Councilmember Sullivan requested information
regarding resurfacing of streets in the Westwood
Estates area.
Councilmember Sullivan requested staff determine
responsibility for maintenance of the alley behind
3100 Ashe Road and assure repair of the chain link
fence and alleyway.
Councilmember Sullivan requested Code Enforcement
assure the Grissom, Coldwell and Hartford area north
of White Lane be compliant with City standards.
Councilmember Sullivan requested repairs and
resurfacing be performed on Hempstead.
Councilmember Sullivan requested removal of dead
animals from City streets be by the end of the day
reported and removal be made a top priority.
Councilmember Couch thanked everyone for the birthday
wishes.
'_...._~.----....,....-._..-.
Bakersfield, California, August 17, 2005 - Page 23
15.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Couch requested input regarding
clustering of fire stations, police sub-stations, parks
and schools.
Councilmember Couch submitted a letter from Barbara
May for the record regard continued hearing 14.a.,
Snow Road.
Councilmember Couch requested staff respond to
Terry Stoller regarding the Sphere of Influence, the
Williamson Act and the Super Williamson Act.
Councilmember Couch staff review compromising on
usual landscaping standards for the David Gay
project at the northeast corner of Brimhall and
Calloway to enable the roadway to be deemed an
arterial.
Councilmember Carson requested the Budget and
Finance Committee address the sale of the municipal
airport land to mitigate the negative effect
present flight plans have on property values and
development in the southeast; encourage housing
development, commercial development, schools and
creation of jobs.
Councilmember Carson requested the Legislation and
Litigation Committee address developing an Ordinance
limiting the number of sex offenders being
released in the City and regulate numerical
concentration in the areas where they reside.
Councilmember Carson expressed appreciation to the
Mayor and delegates who made the recent trip to
Bakersfield's new Sister City, Queretaro Mexico;
additionally requested staff provide input regarding
ways to enhance cultural improvement between
Bakersfield and each of her Sister City Projects; and
explore use of video cameras to reduce crime as has
been done in the Mexican Sister City.
Councilmember Carson requested the meeting be
adjourned in memory of Sherman L. Tyler.
Vice-Mayor Maggard requested staff facilitate a Council
Goal by exploring a proposal by Bakersfield Memorial
Hospital to enhance and expand the 34th Street
medical corridor, particularly from Union Avenue west
to Chester Avenue by converting the area to a campus.
Bakersfield, California, August 17, 2005 - Page 24
15.
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Maggard expressed appreciation for
highway funds recently awarded to the Bakersfield
area and requested key staff be hired to facilitate each
phase of the road projects so the process moves
forward as quickly as possible.
Mayor Hall made comments regarding the recent trip to
new Sister City Queretaro.
Mayor Hall thanked Councilmember Scrivner for the recent
graffiti clean-up and Councilmember Benham for the
Adopt a Highway Clean Up Agreement with one of her
neighbors on the Bike Path.
Mayor Hall congratulated City Manager Tandy on his
thirteenth anniversary with the City of Bakersfield.
16. ADJOURNMENT
Mayor Hall adjourned the meeting at 11:27 p.m. in
memory of Sherman L. Tyler.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
---.---""'...-. --
ACTION TAKEN