HomeMy WebLinkAbout05/09/07_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
MAY 9, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. APPOINTMENTS
(Ward 1,7)
Two appointments to the Planning Commission due to the expiration of terms of John
Spencer and Barbara Lomas, whose terms expired April 30, 2007.
Staff recommends Council determination.
a.
b. One appointment to the Fire Civil Service Board, due to the resignation of Stuart Gentry,
term expires December 31,2007.
Staff recommends Council determination.
c. Appointment(s) to the Ad Hoc Transportation Funding Task Force.
Staff recommends appointment(s) by Vice-Mayor.
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 25, 2007 Regular City Council Meeting.
Payments:
b. Approval of department payments from April 13, 2007 to April 26, 2007 in the amount
of $12,160,032.85 and self-insurance payments from April 13, 2007 to April 26, 2007 in the
amount of $319,607.52.
Ordinances:
c. First Reading of Ordinance amending Sections 14.12.030, 14.12.390 and 16.32.060E of the
Municipal Code relating to sewers.
d. Adoption of Ordinance adding Section 13.08.080 to the Municipal Code relating to
Redemption Premiums for 1915 Act Bonds and ratifying Redemption Premiums for such
bonds of Assessment District No. 06-1. (FR 04/25107)
(Ward 3,4)*
e.
Adoption of Ordinance amending Municipal Code Sections 1.12.030 and 1.12.040 by
adding Annexation No. 492 consisting of 80.98 acres located west of Miramonte Drive,
generally south of State Highway 178 to Ward 3; Annexation No. 482 consisting of 73.17
acres located on Brimhall Road, west of Jenkins Road and east of Heath Road; Annexation
No. 501 consisting of 89.59 acres located at the northeast corner of Jewetta Avenue and
Etchart Road; and, Annexation No. 537 consisting of 79.01 acres located north of Snow
Road between Coffee Road and Calloway Road, south of Etchart Road to Ward 4.
(FR 04125107)
Resolutions:
(Ward 4,5)
f.
Resolution ordering change of proceedings to reduce assessments for parcels located in
Assessment District No. 06-1 (Etcheverry/Un II/University Park).
. - upon annexation
4. CONSENT CALENDAR continued
(Ward 2)
(Ward 1,3-7)
(Ward 1)
. - upon annexation
g. Resolution authorizing the submittal of an application to the California Integrated Waste
Management Board (CIWMB) for a Rubberized Asphalt Concrete Use Grant.
h. Wireless Citations Technology:
1. Resolution determining that wireless citation devices cannot be reasonably abtained
through the usual bidding procedures and authorizing the finance director to dispense
with bidding and purchase 25 wireless Berendo citation devices with related
hardware/software from Advantidge, Inc., not to exceed $122,500.
2. Agreement with Advantidge, Inc. (not to exceed $122,500) to purchase 25 wireless
Berendo citation devices with related hardware/software.
i. Holmatro Rescue Equipment:
1. Resolution determining that Holmatro rescue equipment cannot be obtained through
the usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $53,000.
2. Approve the purchase of replacement Holmatro rescue equipment from FS3 in the
amount of $53,000.
j. Rubber Sidewalk Pavers:
1. Resolution determining that rubber sidewalk pavers cannot be obtained through the
usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $100,000.
2. Approve the purchase of rubber sidewalk pavers from Rubbersidewalks, Inc. in the
amount of $100,000.
Resolution authorizing the HOME Investment Partnership funded New City Employee Down
Payment Assistance Program.
Resolution adding territory, Area 4-52 (19th, Eye West) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1531 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Consolidated Maintenance District and its 2007-2008 budget;
setting time and place for hearing protests on the amount of street and median landscaping
assessments to be levied throughout the Consolidated Maintenance District.
Resolution of Intention No. 1532 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Consolidated Maintenance District and its 2007-2008 budget;
setting time and place for hearing protests on the amount of park landscaping assessments
to be levied throughout the Consolidated Maintenance District.
Resolution of Intention No. 1533 preliminarily adopting, confirming and approving Public
Works Director's report for twelve Traffic Signal Maintenance Districts and their 2007-2008
budgets; setting time and place for hearing protests on the amount of assessments to be
levied throughout each of the Traffic Signal Maintenance Districts.
Resolution of Intention No. 1534 to add territory, Area 5-36 (Berkshire, Marvin SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
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City Council Meeting of 05/09/2007
4. CONSENT CALENDAR continued
(Ward 1,3)
(Ward 1)
(Ward 1,3)
(Ward 2)
(Ward 2)
(Ward 6)
(Ward 2,3,4)
. - upon annexation
Agreements:
Tract Maps and Improvement Agreements:
1. Amendment NO.1 to Agreement No. 05-438 with Design Community Group, Inc. for
Tract 6413 Phase 1 located west of South Union Avenue and north of Linnell Way.
2. Final Map and Improvement Agreements with MVB Ventures, LLC, for Tract 6452
Phase 3 located at the southeast intersection of City Hills Drive and Canteria Drive.
Memorandum of Agreement with Kern Council of Governments ($100,000) for funding
assistance for the update of the Metropolitan Bakersfield General Plan's local land use and
circulation elements and appropriate $100,000 (KernCOG's contribution) to the Development
Services Capital Improvement budget in the Capital Outlay fund.
Agreement with Kern Charter Service, Inc. ($40 monthly fee) for the purposes of constructing
an aircraft storage hangar at the Bakersfield Municipal Airport.
Reimbursement Agreement with Kern High School District ($1,054,214) to construct
Northeast Trunk Sewer-Phase 2: Kern High School Frontage located along Redbank Road
from Fairfax Road westerly approximately 1 ,400 feet.
Amendment No.2 to Agreement No. 03-181 with Andre Family Rentals ($1,800 per month)
for leased space at 1420 G Street.
v. Amendment NO.1 to Agreement No. 06-163 with Orrick, Herrington & Sutcliffe LLP (total not
to exceed $20,000) for legal services relating to Community Facilities District No. 06-1 .
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W. Amendment NO.8 to Agreement No. 92-154, City Manager's Contract with Alan Tandy.
x.
Contract Change Order No. 1 to Agreement No. 06-067 with Griffith Company ($32,283.55
increase; revised not to exceed $1,955,022.55) for Chester Avenue Streetscape from 24th
Street to Garces Circle.
Bids:
Street improvements at the intersection of Panama Lane and Golden Gate Street:
1. Accept bid and award contract to Maverick Asphalt, Inc. ($661,585) for project.
2. Transfer $377,800 from Public Works Capital Improvement Project (Street
Improvement at College and Fairfax) and appropriate $22,200 fund balance to the
Capital Improvement Budget within the Transportation Development Fund to fund this
project.
z. Annual Contracts for Asphalt Rejuvenator and Sealant:
1. Accept bid and award contract to Burtch Construction (not to exceed $1,000,000) for
application of asphalt rejuvenator and sealant.
2. Accept bid and award contract to Alon Asphalt (not to exceed $200,000) to provide
ready to use asphalt rejuvenator and sealant.
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aa.
Install Traffic Signal Interconnect at Various City Locations - Part 4:
1. Accept low bid and award contract to MGE Underground, Inc. ($1,039,422) for the
project.
2. Appropriate $166,566 Congestion Mitigation and Air Quality Program funds to the
Public Works Department Capital Improvement Budget within the ISTEA Fund.
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City Council Meeting of 05/09/2007
4. CONSENT CALENDAR continued
Miscellaneous:
bb. Revised job specifications for Communications Coordinator and Communications Engineer.
cc. Acceptance of State Farm Good Neighbor Citizenship grant ($6,820) for the purpose of
educating the community on proper use and installation of child restraint systems; and,
appropriate $6,820 (contribution) to the Police Department operating budget in the General
Fund.
dd. Reclassification of two (2) Code Enforcement Officer II positions to Code Enforcement
Officer III positions in the Building Division.
ee. Appropriate $154,000 from Office of Emergency Services and USDA Forest Service to the
General Fund Fire Department Operating Budget for overtime costs incurred at mutual aid
assignments.
ff. Support of Residential Rehabilitation Facility Legislation, SB 100.
gg. US Department of Homeland Security Grant:
1. Accept Federal Grant ($90,864) from US Department of Homeland Security.
2. Appropriate $90,864 from Federal Grant Revenue to the General Fund Fire
Department Operating Budget for the purchase of fire shelters and protective wildland
apparel.
3. Authorization to purchase fire shelters from GSA Advantage ($48,606.13).
hh. Budget and Finance Committee Report regarding FY 07/08 Community Development Block
Grant (CDBG), HOME Investment Partnership, and Emergency Shelter Grant (ESG) Annual
Spending Plan.
Staff recommends adoption of Consent Calendar items a through hh.
5. CONSENT CALENDAR HEARINGS
a. General Plan Amendment No. 06-2290; The City has requested a general plan amendment
to incorporate land use and circulation map changes previously adopted by Kern County
Board of Supervisors and the City of Shatter. (Staff recommends adoption of resolution.)
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment to incorporate land use and circulation map changes approved by the
County of Kern and the City of Shatter.
b. General Plan Amendment No. 07-0246; The City has requested a general plan amendment
to revise the text of the Safety Element of the Metropolitan Bakersfield General Plan to
incorporate the adopted final Kern County, California Multi-Hazard Mitigation Plan. (Staff
recommends adoption of resolution.)
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment to incorporate text changes to the Safety Element to incorporate the
adopted final Kern County, California Multi-Hazard Mitigation Plan.
. - upon annexation
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City Council Meeting of 05/09/2007
5. CONSENT CALENDAR HEARINGS continued
(Ward 1)*
(Ward 1)
(Ward 3)
(Ward 4)*
* - upon annexation
c.
General Plan Amendment/Zone Change No. 06-1099; John Thomsen, representing John A.
& Terry Thomsen and Howard & Betty Lamond, property owners, has applied for a general
plan amendment and zone change on .87 acres located on the north side of Elcia Drive,
immediately west of the Highway 99 on-ramp. (Staff recommends adoption of resolution and
give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LMR (Low Medium Density
Residential) to HC (Highway Commercial) on .87 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code (Zone Map No. 123-02) from R-2 (Limited Multiple Family
Dwelling) to C-1 (Neighborhood Commercial) on .87 acres.
General Plan Amendment/Zone Change No. 05-1561; Jerry Hendricks, Hendricks
Engineering, representing Eagle Meadows of Bakersfield III, LLC, property owner, has
applied for a general plan amendment and zone change on 17.7 acres located along the
north side of E. Pacheco Road, generally west of Cottonwood Road. (Staff recommends
adoption of resolution and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from HI (Heavy Industrial) to LI (Light
Industrial) on 17.7 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 124-17) of the Municipal Code by change the zoning from M-3
(Heavy Industrial) to M-1 (Light Manufacturing) on 17.7 acres.
General Plan Amendment/Zone Change No. 06-2198; Mike Nelson, representing Danco
Development (property owner) has applied for a general plan amendment and zone change
on approximately 11.18 acres located on the north side of Niles Street, west of Park Drive.
An appeal of the Planning Commission's decision was submitted by Mike Nelson,
representing Danco Development. (Staff recommends adoption of resolution and give first
reading to ordinance.)
1. Resolution approving the Negative Declaration, denying the appeal and adopting the
general plan amendment changing the land use designation from LR (Low Density
Residential) to LMR (Low Medium Density Residential) on 11.18 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 103-25) of the Municipal Code from PUD (Planned Unit
Development) to R-2 (Limited Multiple Family Dwelling) on 11.18 acres.
General Plan Amendment/Zone Change No. 06-1688; Marino and Associates, representing
Paul Ridenour (property owner) has applied for a general plan amendment and zone change
on 4.4 acres located at the northwest corner of Stockdale Highway and Claudia Autumn
Drive. (Staff recommends adoption of resolution and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from SR (Suburban Residential) to LR
(Low Density Residential) on 4.4 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 101-34) of the Municipal Code from A (Agriculture) to R-1 (One
Family Dwelling) on 4.4 acres.
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f.
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City Council Meeting of 05/09/2007
(Ward 5,6)*
5. CONSENT CALENDAR HEARINGS continued
g.
General Plan Amendment/Zone Change No. 05-1947; Banducci Land, LLC, property owner,
has applied for a general plan amendment and zone change on approximately 46 acres
located at the northwest corner of Gosford Road and McKee Road (future alignment). An
appeal of the Planning Commission decision was submitted by Brent Dezember on behalf of
StructureCast. (Continued from 08116106,08130/06, 11/15/06,02/07/07 meetings) (Staff
recommends Item be referred back to staff.)
General Plan Amendment/Zone Change No. 06-1052; Maurice J. Etchechury, representing
the John M. Antongiovanni Trust (property owner), has applied for a general plan
amendment and zone change on approximately 18.7 acres located at the southwest corner
of Panama Lane and Ashe Road. (Staff recommends adoption of resolution and give first
reading to ordinance.)
1 . Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential) to
GC (General Commercial) on 18.7 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 123-28) of the Municipal Code from R-1 (One Family Dwelling) to
C-2/PCD (Regional Commercial/Planned Commercial Development) on 18.7 acres.
General Plan Amendment/Zone Change No. 06-1039; Mcintosh & Associates, representing
Bakersfield 19, LLC (property owner), has applied for a general plan amendment and zone
change on approximately 19.55 acres located on the north side of Engle Road, between
Ashe and Stine Roads. (Staff recommends adoption of resolution and give first reading to
ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to LMR (Low Medium Density Residential) on 19.55 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 142-03) of the Municipal Code from A (Agriculture) to R-2 (Limited
Multiple Family Dwelling) on 19.55 acres.
General Plan Amendment/Zone Change No. 06-1031; Dominique Minaberrigarai,
representing the Minaberri Family Trust (property owner), has applied for a general plan
amendment and zone change on approximately 38.48 acres located at the northeast corner
of Ashe and Engle Roads. (Staff recommends adoption of resolution and give first reading to
ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to GC (General Commercial) on 10.02 acres, LR (Low Density
Residential) on 24.74 acres, and HMR (High Medium Density Residential) on 3.72
acres.
(Ward 6)
(Ward 6)*
(Ward 6)*
* - upon annexation
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2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 142-03) of the Municipal Code from A (Agriculture) to C-2
(Regional Commercial) on 10.02 acres, R-1 (One Family Dwelling) on 24.74 acres
and R-2 (Limited Multiple Family Dwelling) on 3.72 acres.
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City Council Meeting of 05/09/2007
6. CLOSED SESSION
a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. North Kern Water Storage District v Kern Delta Water District, et al
Tulare County Superior Court Case No. 96-172919, Fitth Appellate District Court
Case No. F047706 and California Supreme Court
2. City v Kern Delta Water Storage District
Ventura County Superior Court Case No. CIV242067
3. City v City of Shatter, et al
Kern County Superior Court Case No. S-1500-CV-260277-RJO
4. City v North Kern Water Storage District, et al
Kern County Superior Court Case No. S-1500-CV-260360-AEW
5. City v Oildale Mutual Water Company
Kern County Superior Court Case No. S-1500-CV-260384-LPE
b. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9.
RECONVENED MEETING - approximately 6:30 p.m.
7. ROLL CALL
8. INVOCATION by Bishop Monte McKeon, The Church of Jesus Christ of Latter-day Saints.
9. PLEDGE OF ALLEGIANCE by Shaun Shermer, 6th Grade Student, Home School.
10. CLOSED SESSION ACTION
11. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Rodger Chambers, President, ABATE Local
#40, proclaiming May, 2007, as Motorcycle Awareness Month.
b. Presentation by Mayor Hall of Proclamation to Raul Rojas, City Public Works Director,
proclaiming May 20 - 26, 2007, as National Public Works Week.
12. PUBLIC STATEMENTS
13. REPORTS
a. Presentation of the Proposed FY 2007-08 Budget.
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City Council Meeting of 05/09/2007
(Ward 3)*
14. HEARINGS
a.
(Ward 4)*
(Ward 4)*
General Plan Amendment/Zone Change No. 06-0494; Mcintosh and Associates,
representing Douglas DeBerti and San dye DeBerti (property owners) has applied for a
general plan amendment and zone change on 60 acres located on the east side of Edison
Road (future), ~ mile north of Breckenridge Road.
1. Resolution denying the general plan amendment changing the land use designation
from R-MP (Resource-Mineral Petroleum) and OS (Open Space) to LR (Low Density
Residential) on 60 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code (Zone Map No.
104-28) from A (Agriculture) to R-1 (One Family Dwelling) on 60 acres.
Staff recommends adoption of resolutions.
General Plan Amendment No. 06-1698; Louise Palmer, representing Adavco, Inc.
(developer) has applied for a general plan amendment on approximately 15 acres located
south of Seventh Standard Road and west of the Calloway Canal.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial) to
LMR (Low Medium Density Residential) on 15 acres.
Staff recommends adoption of resolution.
b.
General Plan Amendment No. 06-1699; Adavco, Inc., representing Michel & Margaret
Etcheverry Family, LLP (property owner) has applied for a general plan amendment on
approximately 23.45 acres of a 38.75 acre project site located at the southwest corner of
Seventh Standard Road and Calloway Drive intersection.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LMR (Low Medium Density
Residential) to GC (General Commercial) on approximately 10.6 acres and from SR
(Suburban Residential) to GC on approximately 12.85 acres.
Staff recommends adoption of resolution.
c.
15. NEW BUSINESS
a. Appropriate $420,000 Fund Balance within the Domestic Water Fund to pay application fees
to the State Water Resources Control Board to acquire unappropriated water on the Kern
River.
Staff recommends approval.
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
5/2107 1 :3Opm
Respectfully submitted,
/!:-- /~
Alan Tandy
City Manager
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City Council Meeting of 05/09/2007
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AGENDA HIGHLIGHTS
MAY 9, 2007 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
APPOINTMENTS
There will be two appointments to the Planning Commission and one appointment to the Fire Civil Service
Board. Appointments will also be made to the Transportation Funding Task Force.
CONSENT CALENDAR
Ordinances
Item 4c. First Readina of an Ordinance Amendina the Municioal Code relatina to Sewers. Periodically,
properties that are annexed are operating on septic systems. For environmental reasons, staff encourages
the property owners to hook up to the City sewer system. This involves abandoning the septic tank and
installing a pipeline from the home to connect to the sewer line in the street. The associated construction
costs, combined with sewer hook-up fees, make this an expensive endeavor for the homeowners. The City
offers assistance by permitting the homeowners to pay the fees over a period of five years, interest free.
This ordinance sets forth that the assistance program is available to existing single-family homeowners
currently operating on a septic system. It is not designed to assist property owners or developers where
there are no existing homes.
Resolutions
Item 4k. Resolution Adootina Council Policv. reaardina HOME Investment Partnershio Funded New Citv
Emolovee Down Pavment Assistance Proaram. Over the past few years, Bakersfield has experienced a
dramatic increase in home construction costs. Home prices have climbed and median income increases in
Bakersfield have not kept pace. The Economic and Community Development Department developed a
down payment program up to $40,000 from Federal HOME Funds designed to assist qualified homebuyers
purchase homes in redevelopment project areas. Staff proposes to expand the program to include $40,000
for qualified low income City employees seeking to purchase homes located in the City.
On April 23, 2007, the Personnel Committee recommended that the New City Employee Down Payment
Assistance Program be forwarded to the full City Council for consideration. It is intended to assist qualified
City employees in home ownership opportunities earning eighty percent (80%) or less of the area median
income. This income level is adjusted for household size, and is subject to revision annually by the
Department of Housing and Urban Development (HUD). Employees will be eligible to apply for down
payment assistance only upon completion of the probationary period and promotion to full time status.
More details and conditions of the program are attached to the administrative report.
Aareements
Item 4t. Reimbursement Aareement with Kern Hiah School District to Construct the Northeast Trunk
Sewer-Phase 2: Kern Hiah School Frontaae, Located alona Redbank Road from Fairfax Road Westerlv
aooroximatelv 1.400 feet. in the amount of $1.054.214. The first phase of this project is under construction.
The second phase has been designed, but not yet advertised for construction bids.
While preparing the design for Phase 2, City staff became aware that Kern High School District (KHSD) was
planning construction of a new high school campus at the southeast corner of Fairfax Road and Redbank
Road. The construction of the school would include construction of Redbank Road street improvements
along the school's frontage on that street. This portion of the sewer main needs to be constructed before
those road improvements are built. City staff and KHSD staff agreed that construction of this portion of the
sewer line would be best accomplished by KHSD's contractors. Separate construction plans for this portion
Agenda Highlights
May 9,2007
Page 2
of the sewer line were provided to KHSD staff who then received bids for construction of this sewer in
conjunction with construction of the high school campus. Staff anticipates that the award of a construction
contract for the remaining portions of Phase 2 will be on the Council agenda in July 2007. Sufficient funds
are budgeted for this reimbursement.
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Bids
Item 4z. Award Annual Contracts to Alon Asphalt to Provide Asphalt Reiuvenator and Sealant. and to
Burtch Construction to Apply this Product. in amounts not to exceed $200.000 and 1.000.000, respectivelv.
Three bids were received in response to the solicitation for bids. Bidders were given the option of providing
product, providing and spreading the product, or bidding on both options. Staff recommends awarding a
contract to Alon Asphalt to provide the product and to Burtch Construction to apply it.
Item 4aa. Award Contract to MGE Underarounds. Inc. for a Traffic Sianal Interconnect Proiect in Various
Locations in the amount of $1.039.422. This project will install traffic signal interconnect conduit and wiring
along: 1) Auburn Street between Oswell and Fairfax, 2) Coffee Road between Hageman and Meany, 3)
Columbus Street between Chester and Auburn, 4) Oswell Street between Auburn and Columbus, 5)
Stockdale Highway between Old River Road and Buena Vista, and 6) Truxtun Avenue between Mohawk
and Oak. This system will provide for. the traffic signal timing along these street segments to be optimized
to improve traffic flow.
This project will be funded predominantly with federal Congestion Mitigation and Air Quality Program
(CMAQ) funds. CMAQ funds will cover 88.53% of the project's cost. The remaining 11.47% will be covered
by revenue within the Gas Tax Fund. Three acceptable bids were received. Staff recommends award to
MGE Undergrounds, Inc.
Miscellaneous
Item 4ee. Accept and Appropriate Grant Funds to Purchase Fire Shelters and Protective Wildland Apparel.
The total cost of the shelters and gear is $113,580, $90,864 of which will be provided from a Grant from the
U.S. Department of Homeland Security. The remaining $22,716 will be paid by the City via internal savings
from the Fire Department's FY 2006/07 budget. The fire shelters can be purchased immediately through
GSA Advantage in the amount of $48,606, and Council is also asked to authorize this purchase. The
protective grassfire apparel will be purchased through the regular bid process.
CONSENT CALENDAR HEARINGS
With the exception of Item 5g., all items were heard by the Planning Commission on
either March 15, 2007 or April 5, 2007.
An appeal letter was submitted in regard to Item 5e., and Item 5h. generated
opposition. No opposition was expressed In regard to any of the other items.
Item 5a. General Plan Amendment to Incorporate Land Use and Circulation Map Chanaes PreviouslY
Adopted bv the County Board of Supervisors and the City of Shafter. The City of Bakersfield requested the
General Plan Amendment.
Item 5b. General Plan Amendment to Revise the Text of the Safety Element of the Metropolitan
Bakersfield General Plan to Incorporate the Adopted Final Kern County. California Multi-Hazard Mitiaation
Plan. The City of Bakersfield requested the General Plan Amendment. These amendments incorporate the
policies of the final Kern County, California Multi-Hazard Mitigation Plan (Plan) that was adopted by the City
Council on April 5, 2006. The purpose of the Plan is to assess the risks posed by natural hazards and
identify ways to reduce those risks. It will prOVide current information for preparation of environmental
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Agenda Highlights
May 9. 2007
Page 3
documents and guidance for the evaluation of project proposals and potential mitigation, and will result in
better land use planning.
The Kern County Board of Supervisors approved this matter on March 13, 2007, which included identical
text changes to Safety Element of the Metropolitan Bakersfield General Plan, along with similar changes to
the Safety Element of the Kern County General Plan.
Item 5e. General Plan Amendment and Zone Chance on 0.87 Acres. Located on the North Side of Elcia
Drive. Immediatelv West of the Hichwav 99 On-ramo. John Thomsen, representing John A. & Terry
Thomsen; Howard and Betty Lamond, the property owners, propose development of an additional 19,700
square feet of mini-storage space expansion on the site upon annexation. This project represents infill
development of vacant land adjacent to Freeway 99.
Item 5d. General Plan Amendment and Zone Chance on 17.7 Acres Located alonc the North Side of East
Pacheco Road. Generallv West of Cottonwood Road. Jerry Hendricks, Hendricks Engineering,
representing Eagle Meadows of Bakersfield III, LLC, the property owner, propose development of light
manufacturing uses on the site. This project was required by the previous approval of GPA/ZC 05-0412,
adjacent to the east on 22.3 acres to ensure better compatibility between that project's residential
development and this site.
Item 5e. General Plan Amendment and Zone Chance on Aooroximatelv 11.18 Acres Located on the
North Side of Niles Street. West of Park Drive. Mr. Mike Nelson representing Danco Development, the
property owner, proposes development of approximately 57 single-family dwelling units.
After approval by the Planning Commission, Mr. Nelson submitted an appeal to Condition #7 which requires
the developer to construct a street which aligns with Franklin Street. Mr. Nelson believes the Condition
negatively impacts the viability of his project. The Planning Department believes the Condition is necessary
for school access.
The Planning Commission recommended approval of the project and the condition of approval to the City
Council on April 5, 2007. The applicant submitted a letter to the City Clerk's office appealing the condition
on April 12, 2007.
One person spoke in opposition to the project citing drainage and traffic safety concerns. City staff, as well
as the applicant, addressed these issues.
Item 5f. General Plan Amendment and Zone Chance on 4.4 Acres. Located on the Northwest Corner of
Stockdale Hichwav and Claudia Autumn Drive. Marino and Associates, representing Paul Ridenour, the
property owner, propose development of 20 single-family residential dwelling units upon annexation.
Item 5g. General Plan Amendment and Zone Chance on Aooroximatelv 46 Acres Located at the Northwest
Corner of Gosford Road and McKee Road (future). This item first came before Council on August 16,
2006 and was continued several times since then at the applicant's request. The applicant, Banducci Land,
LLC, the property owner, and appellant, Brent Dezember, have met, but have yet to resolve their
differences. Staff recommends that this item be referred back to staff.
Item 5h. General Plan Amendment and Zone Chance on Aooroximatelv 18.7 Acres Located at the
Southwest Corner of Panama Lane and Ashe Road. Mr. Maurice J. Etchechury, representing the John M.
Antongiovanni Trust, the property owner, proposes development of approximately 146,000 square feet of
gross leasable area with two major tenants, four drive thru tenants, and three single or multiple-tenant retail
and/or restaurant buildings.
Agenda Highlights
May 9. 2007
Page 4
There were individuals present at the meeting that expressed concerns regarding the close proximity to
other commercial locations, enough market demand to support the project, traffic on Panama Lane, and
additional research on the possible economic and environmental impacts this project would bring to the
area. The proximity of this proposed project to other commercial location complies with General Plan
policies to encourage a separation of at least one-half mile between new commercial designations. At one
time commercial use was at the northeast corner of Panama and Ashe, but was replaced with residential
use. This is the only commercial use at this intersection of two arterial streets.
'.
Item 5i. General Plan Amendment and Zone Chance on ADoroximatelv 19.55 Acres Located on the North
Side of Encle Road. between Ashe and Stine Road. Mcintosh & Associates representing Bakersfield 19,
LLC, the property owner, propose development of approximately 200 single family dwelling units upon
annexation.
Item 5j. General Plan Amendment and Zone Chance on Aooroximatelv 38.48 Acres Located at the
Northeast Corner of Ashe Road and Encle Road. Mr. Dominique Minaberrigarai, representing the
Minaberri Family Trust, the property owner, proposes development of approximately 68 single- family
dwellings, 96 multi-family dwellings, and 95,000 square feet of commercial buildings upon annexation.
Additional mitigation was added to the project to address concerns presented to the Commission about
impacts to cultural resources.
CLOSED SESSION
There will be a conference with legal counsel regarding five cases of existing litigation and one case of
potential litigation.
CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m.
REPORTS
Item 13a. Presentation of the Pro Dosed Budcet for Fiscal Year 2007-08. The City Manager's Office will
provide a detailed overview of the FY 2007-08 proposed budget for the Operating, Capital Improvement,
and Bakersfield Redevelopment Agency.
HEARINGS
Item 14a. General Plan Amendment and Zone Chance on 60 Acres Located on the East Side of Edison
Road (future) and 1/2-Mile North of Breckenridce Road. Mcintosh and Associates, representing Douglas
DeBerti and Sandye Deberti, the property owners, propose development of 300 single-family residential
dwelling units upon annexation. The Planning Commission recommended denial based primarily on
isolation from other urban developments, inaccessibility, lack of infrastructure, and premature development.
The Commission also commented on the annexation, of the project site and that the Sphere of Influence
only offers up a protection barrier and does not indicate the opportunity to develop prematurely.
Multiple comment letters were submitted to the Planning Department and are included as back-up to the
administrative report. Other than the applicant, one person spoke in favor of the project. A few people
spoke in opposition at the hearing, citing premature and incontiguous residential development;
inconsistency with existing residential land uses located immediately to the west and further south of the
project site; existing agricultural zoning allowing large farm animals and agricultural uses that may cause a
nuisance to future residents; lack of infrastructure; soil conditions; and the need to mitigate flood planes
within the site.
Agenda Highlights
May 9, 2007
Page 5
Items 14b. and 14c. General Plan Amendments on Aooroximately 15 Acres Located South of 7th
Standard Road and West of the Calloway Canal. and on Aooroximately 23.45 Acres of a 38.75-Acre Proiect
Site Located on the Southwest Corner of the 7th Standard Road and Calloway Drive Intersection. The
Planning Commission recommended approval of both requests on April 5, 2007.
Louise Palmer, representing Adavco, Inc., the developer, proposes development of approximately 300
single-family and multi-family units on the first site upon annexation. The zone change portion of the
application was remanded to City staff per the request of the applicant to include 01 (Drilling Island) zoning
when the property is rezoned. No individuals or agencies present at the hearing opposed the request. The
Public Works Department placed conditions of approval regarding the improvement to 7th Standard Road
which are detailed in the administrative report. The applicant agreed to all conditions and mitigation for the
project.
Adavco, Inc. representing Michel & Margaret Etcheverry Family, LLP, the property owner, proposes
approximately 438,000 square feet of commercial retail space on the second site upon annexation. The
existing commercial use is proposed to change to residential use on 15 acres. With the adoption of both the
General Plan Amendment and this proposed project, the additional commercial use would increase by a
total of 8.45 acres, creating one larger commercial site instead of two smaller sites.
Several individuals present at the hearing opposed the proposed project. The individuals stated concerns
regarding the impacts to existing traffic conditions, the timing of the widening of 7th Standard Road and
rejecting the type of businesses commercial zoning allows. The Public Works Department placed conditions
of approval on the application regarding the improvement to 7th Standard Road, which are detailed in the
administrative report.
NEW BUSINESS
Item.15a. Aoorooriate $420.000 Fund Balance within the Domestic Water Fund to Pay Aoolication Fees to
the State Water Resources Control Board to Acauire Unaoorooriated Water on the Kern River. The 12-
year long Kern River 1 at Point lawsuit ended, which resulted in the Court declaring a substantial amount of
Kern River water forfeited and available for appropriation. There could be an average of more than 60,000
acre-feet annually of unclaimed water for appropriation. The City must now file with the California State
Water Resources Control Board - Division of Water Rights to claim ownership of the forfeited water. The
fee is $1,000 plus $15 per acre-foot, with a cap of $420,000.
Approved:
Alan Tandy 4- T I A ~
Assistant City Manager ~
cc: Department Heads
Rhonda Smiley, Public Information Officer
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: May 9.2007
AGENDA SECTION: Appointments
ITEM: 3.Cl.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Roberta Gafford, Acting City Clerk DEPARTMENT HEAD~
April 26, 2007 CITY ATTORNEY
CITY MANAGER 1t-7j a.JL.
Two appointments to the Planning Commission due to the expiration of terms of John
Spencer 0Nard 1) and Barbara Lomas 0Nard 7), whose terms expire April 30, 2007.
SUBJECT:
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There two appointments to the Planning Commission due to the expiration of terms of John Spencer and
Barbara Lomas. The news release for this recruitment was posted on March 5. 2007.
Applications for appointment have been received from the following:
. William Andrews
. Marvin Dean
. Andy Stanley
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 1.
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 Councilmember.
April 26. 2007, 1 :50PM
S:\Bds&Comm\PLANNING\ADMIN April 2007.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2207
AGENDA SECTION: Appointments
ITEM: .~ b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Roberta Gafford, Acting City Clerk
April 27, 2007
APPROVED
DEPARTMENT HEAD 1ft
CITY ATTORNEY .
CITY MANAGER itTJ d
I
SUBJECT: One appointment to the Fire Civil Service Board, due to the resignation of Stuart Gentry,
term expires December 31, 2007.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Fire Civil Service Board due to the resignation of Stuart Gentry,
whose term expires December 31, 2007. The news release for this recruitment was posted on April
13, 2007.
Applications for appointment have been received from the following:
. Thomas Edmonds
. Joseph Hanson
. Lowell Manzer
The Fire Civil Service Board is an advisory body to the City Council. It is composed of three (3)
members, appointed by the full Council. Members must be residents of the City throughout their
three-year term and shall have no connection with City government.
The Board formulates rules and regulations governing the selection, promotion and discipline of
members of the Fire Department. All applicants have been encouraged to contact each
councilmember regarding their interest and qualifications. Meetings are held the second Monday of
each month at 3:00 p.m., at the Fire Administration Office. 2101 H Street, Bakersfield.
April 27, 2007, 10:34AM
S:\Bds&Comm\BRDA\FIRE\admin April 2007.dotApril 2007
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
May 3, 2007
AGENDA SECTION: Appointments
ITEM: 3.c,.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appointment(s) to the Ad Hoc Transportation Funding Task Force
APPROVED
RECOMMENDATION:
Appointment(s) by Vice Mayor.
BACKGROUND:
JWS:al
May 3,2007, 2:11PM
S:\Admin Rpts\2007\Trans Fund Tsk Frc - Appts 050907.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: ~. (1 .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Roberta Gafford, Acting City Clerk
April 26, 2007
APPROVED
DEPARTMENT HEAD-R _
CITY ATTORNEY 0
CITYMANAGER ltT/d
I
SUBJECT: Approval of minutes of the April 25, 2007 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
pi
ADMINISTRATIVE REPORT
MEETING DATE: May 09,2007
AGENDA SECTION: Consent Calendar
ITEM: ~,h
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~" ;( ,
CITY ATTORNEY j-j /1)',
CITY MANAGER !f-T/ cU2~
I
SUBJECT: Approval of department payments from April 13, 2007 to April 26, 2007 in the amount of
$12,160,032.85 and self insurance payments from April 13, 2007 to April 26, 2007 in the
amount of $319,607.52.
FROM:
Nelson K. Smith, Finance Director
DATE:
April 26, 2007
RECOMMENDATION:
Staff recommends approval of payments totaling $12,479,640.37.
BACKGROUND:
RAR
April 26, 2007, 4:19PM
S:\Richard\AP\ADMIN-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: ~,C.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
April 27, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER A- TI tt.t
I
SUBJECT: First Reading of Ordinance amending Sections 14.12.030, 14.12.390 and 16.32.060E of
the Municipal Code relating to Sewers.
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
Periodically, properties which are annexed into the City are operating on septic systems instead of being
connected to a sewer system. When it is feasible, the City constructs the requisite sewer pipelines and
other mechanisms to allow properties to abandon the septic systems and hookup to the sewer system.
When the City plans to construct the "infill" sewer conduits, the City Council adopts a resolution setting
forth the proportionate share of the construction costs which should be born by each property owner when
the property is connected to the sewer system. Both that construction cost and the sewer connection fee
must be paid in order for property owners to connect to the sewer system. Additionally, property owners
would need to abandon their septic tanks and install a pipeline from their home that will connect to the
sewer line in the street.
The City desires to encourage property owners in those areas to abandon their septic tanks and connect
to the sewer line as soon as such sewer line is completed to help reduce the amount of septic tank liquids
entering the ground and possibly leaching into the groundwater. However, elimination of septic tanks and
installations of sewer lines is a costly endeavor for the homeowners and the City desires to assist the
property owners to do so by permitting the property owner to pay the construction costs and connection
fees over a period of five years, interest free.
Over the years, the City has adopted planned sewer areas to defray the costs of sewer system
construction. This five-year payment option is specifically designed to assist current single-family
residence owners that are operating on a septic system. It is not designed to assist property owners or
developers where there are no existing homes.
This ordinance sets forth that the five-year payment option for connection and construction fees is only
available for existing single-family residential properties currently operating on a septic system located
within a designated planned sewer area. A designation of "Existing Residential Infill Sewer Area" has
April 27, 2007, 10:38AM
S:\COUNCIL\Admins\06-07 Admins\14.12.030etallamend.doc
ADMINISTRATIVE REPORT
been created and the municipal code is amended to clarify which planned sewer areas meet the criteria.
Currently, only the McDonald Planned Sewer Area meets the definition.
The City also currently allows property owners city-wide desiring to connect to the sewer system to spread
the connection fee over a period of three years, if certain hardship criteria are met. As sewer connection
fees are increasing, the ordinance is amended to allow the connection fee to be spread over five years,
interest free.
js
April 27, 2007, 10:38AM
S:\COUNCIL\Admins\06-07 Admins\14.12.030etallamend.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: Lt. d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
i2m<r
v
A)),' /i
/ // ~~"'>I-'
April 26, 2007
It -7 tvL
SUBJECT: Adoption of Ordinance adding Section 13.08.080 to the Municipal Code relating to
Redemption Premiums for 1915 Act Bonds and ratifying Redemption Premiums for such
bonds of Assessment District No. 06-1.
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
As the Council is aware, from time to time the City forms Assessment Districts to assist developers in the
financing of public improvements related to their projects. In that regard, the City provides for issuance of
bonds to finance those improvements. The costs associated with establishing the district are funded by
the developer and the City is not obligated in any way regarding the repayment of the debt issued.
In some cases, usually due to early repayment of property liens, the City will choose to payoff all or a
portion of the bonds ahead of their maturity. When it does so, the Assessment District is charged a
redemption premium on those bonds in addition to the regular interest due. The percentage for the
redemption premium is set by state law (the 1915 Bond Act).
This ordinance allows the City of Bakersfield, as a Charter city, to redeem bonds in advance of their
scheduled maturity, with or without redemption premiums. In the event a redemption premium is set, it
can be lower than the percentage prescribed by state law. This ordinance also ratifies the reduced
redemption premium set for the bonds in Assessment District No. 06-1.
Passage of this ordinance will allow the City to payoff bonds at lower rates. This savings will, in many
instances, be passed on to the homeowners within Assessment Districts which may be formed by the City.
This ordinance had first reading on April 25, 2007.
RMS:lsc
April 26, 2007, 1 :44PM
S:\COUNCIL\Admins\06-07 Admins\13.08.080add.AD06-1.2.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.\. e,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~tr-
CITY ATTORNEY ;?)nJ
CITY MANAGER If TI a....L
I
Adoption of ordinance amending Bakersfield Municipal Code Sections ~ 1.12.030 and
~1.12.040 by adding Annexation No. 492 consisting of 80.98 acres, located west of
Miramonte Drive, generally south of State Highway 178 to Ward 3, Annexation Nos. 482
consisting of 73.17 acres, located on Brimhall Road, west of Jenkins Road and east of
Heath Road, Annexation No. 501 consisting of 89.59 acres, located at the northeast
corner of Jewetta Avenue and Etchart Road and Annexation No. 537 consisting of 79.01
acres, located north of Snow Road, between Coffee Road and Calloway Road, south of
Etchart Road to Ward 4. (Wards 3 & 4)
April 26, 2007
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on April 25, 2007.
This ordinance amends the ward boundaries to include Annexations 492, 482, 501 & 537 into the
corresponding Council wards. These annexations were approved by LAFCO recently.
This ordinance amends the ward boundaries to add Annexations 492, 482, 501 & 537 into the
corresponding Council wards. These annexations were approved by LAFCO recently.
Annexation No. 492 is located west of Miramonte Drive, generally south of State Highway 178. The
80.98 acre site is undeveloped. The site is designated for residential development. The property owner
requested annexation for development purposes and to receive city services.
Annexation No. 482 is located on Brimhall Road, west of Jenkins Road, east of Heath Road. The 73.17
acre site includes a park, a residential dwelling and undeveloped land. The property owners requested
annexation for development purposes and to receive city services.
Annexation No. 501 is located on the northeast corner of Jewetta Avenue and Etchart Road. The 89.59
acres site is undeveloped. The site is designated for residential development. The property owner
requested annexation for development purposes and to receive city services.
ADMINISTRATIVE REPORT
Page 2
Annexation No. 537 is located north of Snow Road, between Coffee Road and Calloway Road, south of
Etchart Road. The 79.01 acre site is undeveloped. The site is designated for residential development.
The property owner requested annexation for development purposes and to receive city services.
S:\Annexation\Ordinances\Admin adopt 492, 482. 501 & 554.DOC
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: ~ . f.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ~~
.DATE: April 17, 2007 CITY ATTORNEY ;f?rrw.
CITY MANAGER If T/ ttL
I
SUBJECT: Resolution ordering change of proceedings to reduce assessments to for parcels located
in City of Bakersfield Assessment District 06-1 (Etcheverry/Linll/University Park).
RECOMMENDATION:
Staff recommends adopting resolution.
BACKGROUND:
On August 16, 2006 council approved the resolution of intention No. 1473 for the formation of
Assessment District 06-1 (Etcheverry/LinIl/University Park).
On March 14, 2007, Council adopted Resolution No. 053-07 which levied assessments in the amount
of $5,070,000. The actual amount of bonds issued for the district was $5,010,000 ($60,000 less than
originally estimated). Savings resulted from favorable bond interest rates and timing adjustments
associated with the bond issuance process.
This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount for
the various parcels within the assessment district, as detailed in Exhibit A to this resolution. The
amended levy amounts are lower than the original levy amounts and they more accurately reflect the
actual amount of unpaid principal bonds outstanding.
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: '1.q .
u
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD~
DATE: April 26, 2007 CITY ATTORNEY 'yl
CITY MANAGER fr7Jd...
SUBJECT: A resolution authorizing the submittal of an application to the California Integrated Waste
Management Board (CIWMB) for a Rubberized Asphalt Concrete Use Grant. (All Wards)
RECOMMENDATION: Staff recommends approval of resolution.
BACKGROUND: The California Integrated Waste Management Board (CIWMB) awards grants to public
entities to fund public works projects that use Rubberized Asphalt Concrete (RAC). Procedures
established by the CIWMB for grant application by local governments require applicants to certify approval
of the application prior to submission to the State. Once a grant is awarded the applicant enters into an
agreement with the State of California for development of the project.
This resolution will authorize and approve the submittal of a grant application to CIWMB.
bbu
April 26, 2007, 3:18PM
G:\GROUPDA T\ADMINRPT\2007\05-09\Rubberized Asphalt Concrete Use Agr.doc
J~'JJ1i!r~
AU:" '-,,">
~;\\"" Al\e~
f~~"-~~) ADMINISTRATIVE
\:~:o,
REPORT
MEETING DATE: May 9,2007
Consent Calendar
TO:
FROM:
DATE:
Honorable Mayor and City Council
W. R. Rector, Chief of Police
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
iJ . .'
AI/v;
~~
April 27, 2007
SUBJECT: Wireless Citations TechnoloGY .
1) Resolution determining that wireless citation devices cannot be reasonably obtained through the
usual bidding procedures and authorizing the finance director to dispense with bidding therefore
and purchase 25 wireless Berendo citation devices with related hardware/software from
Advantidge, Inc., not to exceed $122,500.00.
2) Agreement with Advantidge, Inc. to purchase 25 wireless Berendo citation devices with related
hardware/software, not to exceed $122,500.00.
RECOMMENDATION: Staff recommends adoption of the proposed resolution and approval of associated
agreement.
BACKGROUND:
The Bakersfield Police Department generates a large number of citations throughout the year. Our
citations are handwritten notices to appear and the data gleaned from them must be entered into our
records system by hand and again entered into the court system in the same manner, prior to the
processing of the citation. This manual triple-entry system, coupled with the volume of citations issued,
has created a consistent backlog at the department level and with the court system. This has resulted in
violators not being dealt with in an expedient manner. The officers in the field are also tied up for extended
periods of time issuing citations written by hand. The quicker the officer completes and issues the citation,
the more time he/she can spend enforcing the I~ws and promoting traffic and public safety. The sooner the
data from these citations is entered into our records system and the court system, the sooner the violator
can be dealt with and any restrictions or warrants can be available to the officer on the street.
In order to expedite the process of issuing citations, the Bakersfield Police Department would like to
purchase 25 Berendo electronic citation devices from Advantidge, Inc. These devices are hand-held
computers (palm pilot type) with portable printers and will be issued to officers assigned to the Traffic
Division. The devices will provide for more legible citations, faster issuance, and immediate downloading
of data into our records management system as well as immediate entry of data into the court system for
citation processing.
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 06-07IADMIN RPT - SOLE SOURCE RES - BERENDO CITIATION
DEVICES.doc
4/26/2007 9:48 AM Page 1 of 2
ADMINISTRATIVE REPORT Page 2
The entire purchase will be funded through the S.T.E.P. grant from the Office of Traffic Safety (approved
by City Council on 11/15/06). These items will be a sole-source purchase due to the specificity of the
software/hardware configurations and the compatibility issues with the Kern County Superior Court
information system. The Kern County Superior Court is also a recipient of a grant from the Office of Traffic
Safety, and will be purchasing Berendo citation devices from Advantidge, Inc.. Ten of these devices will
be for the Bakersfield Police Department. Therefore, it is imperative that the equipment is compatible with
the Court's system.
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 06-07\ADMIN RPT - SOLE SOURCE RES - BERENDO CITIATION
DEVICES.doc
4/26/20079:48 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: '1-. i.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: April 26, 2007
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY cd--
(/
CITY MANAGER /tTlal
I
SUBJECT: Purchase of Holmatro Rescue Equipment.
1. Resolution determining that Holmatro rescue equipment cannot be obtained through
the usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $53,000.00.
2. Approve the purchase of replacement Holmatro rescue equipment from FS3 in the
amount of $53,000.00.
: RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase.
BACKGROUND: Holmatro rescue equipment has been used by the City of Bakersfield Fire Department
for approximately ten years. The equipment has an excellent track record and has become the standard
for the Fire Department. Holmatro rescue equipment is only available from Fire Service Specification and
Supply (FS3). Funds for the purchase of the Holmatro rescue equipment units are in the FY 2006-2007
Adopted Budget.
Purchasing Division
DW
S:\PURCH\ADMIN\Holmatro Rescue Equipment Sole Source, FS3. May 9. 2007.doc
Created on 4/26/2007 12:20:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: Y. L
u
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ~*~
CITY ATTORNEY fl4:--
CITY MANAGER If T / ~
I
DATE: April 26, 2007
SUBJECT: Purchase of Rubber Sidewalk Pavers.
1. Resolution determining that rubber sidewalk pavers cannot be obtained through the
usual bidding procedures and authorizing the Finance Director to dispense with
bidding therefore, not to exceed $100,000.00.
2. Approve the purchase of rubber sidewalk pavers from Rubbersidewalks, Inc. in the
amount of $100,000.00.
,RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase.
BACKGROUND: The City of Bakersfield has received a grant from the California Integrated Waste
Management Board to purchase rubber sidewalk pavers for installation in various areas throughout the
City. Rubbersidewalks, Inc. is the manufacturer and sole source supplier for high-density rubber sidewalk
pavers made with recycled California tires. There is no known substitute or approved equivalent to the
rubber sidewalk pavers manufactured and sold by Rubbersidewalks, Inc.
Purchasing Division
OW
S:\PURCH\AOMIN\Rubber Sidewalk Pavers Sole Source, Rubbersidewalks, Inc., May 9, 2007.doc
Created on 4/27/2007 8:38:00 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: Y. .
APPROVED
/--....,
DEPARTMENT HEAD &
CITY ATTORNEY I/~
CITY MANAGER 11-1 ~
SUBJECT: Resolution authorizing the HOME Investment Partnership funded City Employee
Downpayment Assistance Program. (All Wards)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
April 30,2007
RECOMMENDATION:
Approval of the resolution authorizing the City Employee downpayment program guidelines. authorization
for the City Manager or his designee to implement the City Employee down payment program, execute
any and all documents and make minor revisions if necessary.
BACKGROUND:
Over the past few years, Bakersfield has experienced a dramatic increase in costs associated with
housing construction and development. At the same time our home prices have climbed and median
income increases in Bakersfield have not kept pace. This has created an even greater housing
affordability gap for households of low to moderate income. The Economic and Community Development
Department developed a down payment program up to $40,000 from Federal HOME Investment
Partnership (HOME) funds designed to assist qualified homebuyers purchase homes in the
redevelopment project areas. The downpayment program is proposed to be expanded to include a
special program up to $40,000 for qualified low income City employees seeking to purchase homes
located anywhere within the City of Bakersfield.
On April 23, 2007, the Personnel Committee recommended that the City Employee Downpayment
Assistance Program be forwarded to the full City Council for consideration. The proposed downpayment
assistance program is intended to assist qualified City of Bakersfield employees in homeownership
opportunities earning eighty percent (80%) or less of the area median income. This income level is
adjusted for household size, and is subject to revision annually by the U.S. Department of Housing and
Urban Development (HUD).
The Employee Downpayment Assistance program will utilize HOME recapture guidelines HUD 24 CFR
92.254 (b) (5), (ii) recapturing one half of its HOME investment. Homeownership assistance will be
furnished as a deferred loan (silent second) for amounts up to $40,000. to assist with downpayment and
closing costs. These loans will have a 10 year affordability period and loan term of 15 years with no
monthly payment of principal and will not accrue interest. Upon reaching year 5 of the affordability period
one fourth (1/4) of the assistance amount will be forgiven. Upon reaching year 10 of the affordability
period one fourth (1/4) of the assistance amount will be forgiven. The loan balance upon reaching year
S:\Admins\City Council\City Council Admins 2007\CityEmployeeHOMEDownPaymentProgram4.26.2007.doc
4/30/20074:21 PM
ADMINISTRATIVE REPORT Page 2
fifteen shall be due and payable. During the 10 year affordability period the property must be sold at an
affordable price, and to a low-income household, as defined by HUD. If at anytime during the term of the
note, the property is sold, transferred, refinanced, or upon a change in title to the property the loan
balance shall be due and payable in full. In the event of foreclosure, the recapture amount will be based
on the net proceeds available from the sale rather than on the entire amount of the HOME Investment
These funds will be used within the boundaries of the City of Bakersfield.
Attached to the administrative report are the details and conditions of the program. City employees will
be eligible to apply for downpayment assistance only upon completion of the probationary period and
status as a full time employee.
S:\Admins\City Council\City Council Admins 2007\CityEmployeeHOMEDownPaymentProgram4.26.2007.doc
4/30/20074:21 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: "i. l .
TO:
Honorable Mayor and City Council
APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD gi,^
DATE: April 3, 2007 CITY ATTORNEY ~
CITY MANAGER 1f1j d .
SUBJECT: Resolution adding territory, Area 4-52 (19th, Eye W) 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 2)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On April 25, 2007 the Council adopted Resolution of Intention No. 1444 to add
territory, Area 4-52 (19th, Eye W), 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 Area 4-52 consisting of two parcels identified with
assessor's tax numbers (ATN's) 005-491-06-00-3 and 006-011-04-00-4. These two parcels are located
on the west side of Eye Street and to the north and south of 19th Street. 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/developer to be recorded with the
subdivision map.
de
April 12, 2007, 3:51PM
S:\PROJECTS\MAI NDIST\ADMIN RPT\MD4-52_Est-May9-07 .dot
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: &i. m.
APPROVED
DEPARTMENT HEAD ~~'^
CITY ATTORNEY ~
CITY MANAGER It 1/ ttL
SUBJECT: Resolution of Intention No. 1531 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Consolidated Maintenance District and its 2007-2008
budget; setting time and place for hearing protests on the amount of street and median
landscaping assessments to be levied throughout the Consolidated Maintenance District.
(All Wards).
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 24, 2007
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance
District at the time of their formation.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2007-2008
budget for the Consolidated Maintenance District.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for
the maintenance of street and median landscaping and park maintenance within the Consolidated
Maintenance District.
As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from
public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition
218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban
Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates
will remain at the 2004-2005 level. The proposed 2007-2008 budget, Exhibit "0" is attached to the
Resolution of Intention. The Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B",
the Benefit Formula, Exhibit "C", and the Assessor's Roll, Exhibit "E", are on file in the City Clerk's Office.
This Resolution sets the protest hearing for the Council meeting on Wednesday, June 6, 2007, at 6:30
P.M.
de
de
April 24, 2007, 12:05PM
S:\PROJECTS\MAINDIST\ADMINRPT\ADM_CMD_07-0B_Roi_St.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: t{. n .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEADBCL\
CITY ATTORNEY ~
,
CITY MANAGER 1rT/ ~
I
SUBJECT: Resolution of Intention No. 1532 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Consolidated Maintenance District and its 2007-2008
budget; setting time and place for hearing protests on the amount of park landscaping
assessments to be levied throughout the Consolidated Maintenance District. (All Wards).
April 24, 2007
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance
District at the time of their formation.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2007-2008
budgets for the Consolidated Maintenance District.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for
the maintenance of street and median landscaping and park maintenance within the Consolidated
Maintenance District.
As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from
public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition
218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased
annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban
Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates
will remain at the 2004-2005 level. The proposed 2007-2008 budget, Exhibit "D" is attached to this
Resolution of Intention. The Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B",
the Benefit Formula, Exhibit "C" and the Assessor's Roll, Exhibit "E" are on file in the City Clerk's Office.
The Resolution sets the protest hearing for the Council meeting on Wednesday, June 6, 2007, at 6:30
P.M.
de
April 24, 2007, 4:09PM
S:\PROJECTS\MAINDIST\ADMINRPT\ADM_CMD_07 -08_RoLPk.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: y.. 0 '
APPROVED
DEPARTMENT HEAD~~IA
CITY ATTORNEY ~
CITY MANAGER /I- T/ IlL
f
SUBJECT: Resolution of Intention No. 1533 preliminarily adopting, confirming and approving Public
Works Director's report for twelve Traffic Signal Maintenance Districts and their 2007-2008
budgets; setting time and place for hearing protests on the amount of assessments to be
levied throughout each of the Traffic Signal Maintenance Districts. (Wards 1, 3, 4, 5, 6
and 7)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
April 12, 2007
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: City Resolution 161-94 was approved on September 28, 1994 which allows the City to
collect maintenance and operating costs for "convenience" traffic signals. Since then, the Council has
approved twelve (12) Traffic Signal Maintenance Districts including TS-1 (Marketplace), TS-2 (NW
Promenade), TS-3 (Rosedale, Jet Way), TS-4 (Calloway, Gleneagles), TS-5 (NW Promenade, Phase 2),
TS-6 (E. Brundage, Hayes), TS-7 (Mt. Vernon, Bernard NE), TS-8 (Calloway, Hageman NE), TS-9
(Gosford Village), TS-12 (Panama and Wible Shopping Center), TS-13 (Panama and Stine Shopping
Center) and TS-14 (Ming, S. Allen SE). The Bakersfield Municipal Code requires an annual hearing to
set the assessments for each parcel. Because only a small number of property owners involved and in
order to simplify the hearing process, hearings for all twelve districts will be combined into one. However,
the budget for each district will remain separate. Since there is no increase in assessments for all the
districts, they are exempt from the procedures and approval process of Proposition 218. Except for the
2007-2008 proposed budgets in Exhibits "D" are attached hereto this Resolution of Intention, the Legal
Description in Exhibits "A"; the Map and Assessment Diagram in Exhibits "B"; the Benefit Formula in
Exhibits "C" and the Assessment Roll in Exhibits "E" are all on file in the City Clerk's Office.
This resolution preliminarily approves the Public Works Director's Report, the 2007-2008 proposed
budgets and sets the protest hearing for the Council meeting on Wednesday, June 6,2007 at 6:30 pm.
de
April 12, 2007, 3:33PM
S:\PROJECTS\MAINDIST\TRAFSIG\Admin\TS_FY07-0B-ROI-All.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: li.o.
,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ,?glA.
CITY ATTORNEY /81JZi
CITY MANAGER II-TI LL
,
April 25, 2007
SUBJECT: Resolution of Intention No. 1534 to add territory, Area 5-36 (Berkshire, Marvin SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6520 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 5-36 is generally bounded by Berkshire Road on the north,
a line approximately 1,370 feet east of Marvin Street on the east, a line approximately 1,980 feet south of
Berkshire Road on the south and Marvin Street on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process 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
April 25, 2007, 9:41AM
MD5-36Ri05.dot
ADMINISTRA liVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: L.\. q.
l)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
/:
l//
DEPARTMENT HEAD , /1 ',,-
CITY ATTORNEY {//!Jln4.
CITY MANAGER ;r T / tt.L
I
April 20, 2007
SUBJECT: Tract Maps and Improvement Agreements
1. Amendment No. 1 to Improvement Agreement No. 05-438 with the Design
Community Group, INC., for Tract 6413 Phase 1 located west of South Union
Avenue and North of Linnell Way. (Ward 1)
2. Final Map and Improvement Agreements with MVB Ventures, LLC., for Tract
6452 Phase 3 located at the southeast intersection of City Hills Drive and
Canteria Drive. (Ward 3)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
April 20, 2007, 9:02AM
G:\groupdat\adminrpt\2007\05-09\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: t4 . .,...
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
April 18, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
~
to/n4
frT/~
f
SUBJECT: Memorandum of Agreement with Kern Council of Governments for funding assistance
with the Metropolitan Bakersfield General Plan update of the land use and circulation
elements.
1. Memorandum of Agreement with Kern Council of Governments ($100,000.00) for
assisting with the update of Metropolitan Bakersfield General Plan's local land use
and circulation elements and appropriate $100,000.00, (Kern Council of
Government's contribution) to the Development Services Capital Improvement
budget in the Capital Outlay Fund.
RECOMMENDATION:
Staff recommends approval of the agreement and the appropriation of funds.
BACKGROUND:
The Fiscal Year 2006/07 Capital Improvement Budget includes funding of $1,000,000 for updating the
Metropolitan Bakersfield General Plan. These are additional funds available from the Kern Council of
Governments to be used towards updating the land use and circulation elements of the Metropolitan
Bakersfield General Plan.
The Metropolitan Bakersfield General Plan Update is a joint effort of the City of Bakersfield and Kem
County and is funded by permit fees collected by the city and county to offset the cost of updating and
maintaining the Metropolitan Bakersfield General Plan. The city and county are sharing the cost of
updating the general plan.
In March of this year Northcutt and Associates was contracted as an extension of staff to develop a
final work program, prepare the Request for Proposal for the environmental document, and coordinate
the update to the Metropolitan Bakersfield General Plan. The final work program is nearing completion
and publiC workshops have been scheduled for May 2007.
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: L\-. 6.
I MEETING DATE: May 9, 2007
April 17 , 2007
APPROVED
DEPARTMENT HEAD ~~
CITY AlTORNEY :1:1.
CITY MANAGER fJ- TI aJL
/
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
SUBJECT: Bakersfield Municipal Airport Ground Lease (Ward 1):
Ground Lease Agreement with Kern Charter Service Inc. for the purposes of constructing
an aircraft storage hangar, for a monthly lease fee of $40.
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the
purpose of ground leases which allowed for the construction of owner-hangars. Currently there are 21
such Ground Lease Agreements and constructed hangars. The term of this agreement is for a period of
twenty years with the option of two five-year extensions. The approximate size of the aircraft storage
hangar is 2,000 square feet. The land lease agreement generates $40 per month in revenue.
Bbu
G:\GROUPDAl\ADMINRPT\2007\OS-09\Ground Lease - Kern Charter.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: L-/. t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
APPROVED
DEPARTMENT HEAD i/I/(
CITY ATTORNEY ~
.
CITY MANAGER If T/ d..
I
Reimbursement agreement with Kern High School District ($1,054,214) to construct
Northeast Trunk Sewer-Phase 2: Kern High School Frontage (along Redbank Road from
Fairfax Road westerly approximately 1,400 feet) (Wards 1 and 3).
Raul M. Rojas, Public Works Director
April 26, 2007
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Currently, the City is constructing a sewer main east of Wastewater Treatment Plant #2
(WWTP #2) to increase the City's ability to collect sanitary sewer flows from the developing areas of
Northeast Bakersfield. The first phase of this sewer main, from WWTP #2 going east along Planz Road to
Oswell Street and then north along Oswell Street to Redbank Road, is currently under construction. The
second phase, from the Oswell Street / Redbank Road intersection going east along Redbank Road to
South Vineland Road and then north along South Vineland Road to Brundage Lane, has been designed,
but not yet advertised for construction bids.
While preparing the design for Phase 2, City staff became aware that Kern High School District (KHSD)
was planning construction of a new high school campus at the southeast corner of Fairfax Road and
Redbank Road. The construction of the high school would include construction of Redbank Road street
improvements along the school's frontage on that street. The City's sewer main along the high school's
frontage on Redbank Road needs to be constructed before those road improvements were built, since the
sewer line will be in the ground underneath the street pavement. Coordinated construction efforts would
be critical to ensuring this sewer line being in the ground before the KHSD started construction of the
street improvements. To achieve the coordination needed between the two agencies, City staff and KHSD
staff agreed that construction of the City's sewer line would be best accomplished by KHSD's contractors.
KHSD's construction of this portion of the sewer main would also help ensure that the sewer line was
operational before the high school opens in late summer 2008. City staff provided separate construction
plans for the portion of the sewer line along the high school's frontage to KHSD staff who then received
bids for construction of this sewer in conjunction with construction of the high school campus.
Staff anticipates that the award of a construction contract for the remaining portions of Phase II will be on
the agenda of the City Council in July 2007.
Sufficient funds are budgeted to award this reimbursement agreement.
REB/pw
April 26, 2007, 3:59PM
G:\GROUPDATlADMINRPT\2007\05-09\Kern Schools Reimbursement for Sewer.doc
Project #E5K1 OO-Phase 2
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lt. lA..
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ,/1/'5
DATE: April 18, 2007 CITY ATTORNEY ~
CITY MANAGER /IT/ ~
I
SUBJECT: Amendment NO.2 to Agreement No. 03-181 with the Andre Family Rentals for leased space
at 1420 "G" Street for $1,800.00 per month. (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On June 25, 2003, the City of Bakersfield entered into Agreement No. 03-181 with the Andre Family
Rentals to lease approximately 4500 square feet of warehouse space at 1420 "G" Street. The additional
space was needed by the Police Department to store various records and property. The original term of
that lease was for three years. On June 7,2006, the lease was amended to extend the term one year to
allow time to explore other leasing options. It has been determined that it would be advantageous to
continue leasing this space until other options become available. This amendment extends the term of
the lease and additional three years with the rent for the first year at $1 ,BOO/month, the second year at
$1,900/month and the final year at $2,000/month.
April 18, 2007, 9:38AM
P:\MyFiles\Admin Reports\1420 G Street 2nd Amend.doc
DMAls
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: t1. \I.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATIORNEY
APPROVED
6.J]/? ..1 ..
~-. ," ,I }, ./:;.-. / ,
Y,/. I" l./.,.,J
t"\ 1
....J f'l/~ .f
v J f I).-i/
April 26, 2007
CITY MANAGER II- T /d...
I
SUBJECT: Amendment No. 1 to Agreement No. 06-163 with Orrick, Herrington & Sutcliffe LLP for legal
services relating to CFD No. 06-1, in a total contract amount not to exceed $20,000.
RECOMMENDATION:
Staff recommends approval of Amendment No. 1 to Agreement No. 06-163.
BACKGROUND:
On June 21, 2006, the City entered into an Agreement for Legal Services with Orrick,
Herrington & Sutcliffe LLP to act as Bond Counsel in the formation of Community Facilities District
(CFD) No. 06-1 (McAllister Ranch). Recently, the Panama-Buena Vista School District has been in
discussions with SunCal, the developer of McAllister Ranch. SunCal and the School District are
proposing to form a School District CFD which would direct a portion of the proceeds of the first
bond sale of that CFD for acquisition of improvements which would become property of the City.
Proceedings under CFD No. 06-1 will be deferred to a later date.
In order to provide legal services for the City with regard to the formation of the School
District CFD, staff is proposing an amendment to the current CFD No. 06-1 agreement with Bond
Counsel. Under the amendment, Bond Counsel will be compensated on an hourly basis, not to
exceed $20,000. Legal fees for these services, just as the fees for legal services under City CFD
06-1, are paid for entirely by the developer.
RMS:lsc
April 26, 2007, 4:45PM
S:\COUNC IL \Admins\06-07 Admins\OrrickHerringtonAmd1 Agr06-163.doc
ADMINISlRA liVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: L.\. w .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
May 1, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment NO.8 to Agreement No. 92-154 - City Manager's Contract
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
This contract amendment implements changes to the City Manager's contract in accordance with his
annual evaluation which concluded on April 25, 2007. The amendment allows for an increase to deferred
compensation and restricts the amount of deferred compensation that can be converted to regular salary.
S:\COUNCIL\Admins\06-07 AdminsIMgr.Agr Amd8.doc
May I. 2007.9:11 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: 4.X.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY %'
{/4 "_/J
CITY MANAGER II 'I ~
SUBJECT: Contract Change Order NO.1 to Agreement 06-067 with Griffith Company ($32,283.55
increase for a revised not to exceed amount of $1,955,022.55) for Chester Avenue
Streetscape from 24th Street to Garces Circle. (Ward 2)
FROM:
Raul Rojas, Public Works Director
DATE:
April 25, 2007
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for median islands, landscaping, and street lighting on Chester
Avenue from 24th Street to the Garces Circle.
During construction operations, it was discovered that additional concrete needed to be removed and
replaced around 64 of the specified new tree grates. This work is needed so that the sidewalk area
matches the height of the new tree grates thereby avoiding a possible trip hazard. The contractor has
agreed to accept a lump sum of $14,400 to perform this work ($225 per tree grate).
During the installation of the irrigation control system, it was discovered that a separate electrical circuit is
needed for the irrigation control clocks. The contractor has agreed to install this additional electrical circuit
for a lump sum price of $2,773.05.
In order to construct the project per the plans and specifications, several contract item quantities needed
to be either increased or decreased. These increases and decreases are outlined in the attached
Contract Change Order. The largest increase in contract items quantities was a result of the need to
remove and replace additional curb and gutter in the vicinity of the Garces Circle. This became necessary
when it was discovered that the original curb and gutter was not allowing for proper drainage thereby
creating an area of ponding water. The net effect of these contract item quantity increases and decreases
is a net increase of $15,110.50.
This is the first change order to be submitted for this project. This change order will increase the project
total by $32,283.55 (which is an increase of 1.7% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$1,922,739.00
$1,955,022.55
$ 32,283.55
.
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDA1\ADMINRPT\2007\OS-09\CCO 1 Chester Streetscape.doc
RU
ADMINISTRATIVE REPORT
MEETING DATE: May 09,2007
AGENDA SECTION: Consent Calendar
ITEM: "1. .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEA .
CITY ATTORNEY
April 26, 2007
CITY MANAGER If T/ ~
I
SUBJECT: Street Improvements at the Intersection of Panama Lane at Golden Gate Street (Ward 6):
1. Accept bid and award contract to Maverick Asphalt, Inc. ($661,585) for project.
2. Transfer $377,800 from Public Works Capital Improvement Project (Street Improvement
at College and Fairfax) and appropriate $22,200 fund balance to the Capital
Improvement Budget within the Transportation Development Fund to fund this project.
RECOMMENDATION:
Staff recommends acceptance of low bid, award of contract, and approval of
transfer and appropriation.
BACKGROUND: This project consists of street improvements along Panama Lane at the intersection of
Golden Gate Street to reconstruct the westbound travel lanes and eliminate standing surface storm water
run-off. The project is funded by both the Transportation Development Fund and the Sewer Enterprise
Fund. The Sewer Enterprise Fund will cover storm drain improvements.
On April 04, 2007, four acceptable bids were received as follows:
Maverick Asphalt, Inc.
6900 Meany Ave.
Bakersfield, California 93308 (City) in the amount of
$661,585.00
Granite Construction
3000 James Road
Bakersfield, California 93308 (County) in the amount of
John Madonna Construction Company, Inc.
12165 Los Os os Valley Road
San Luis Obispo, California 93405 (Out of Area) in the amount of
Griffith Company
1898 S. Union Ave.
Bakersfield, California 93306 (City) in the amount of
$708,847.50
$814,025.80
$890,098.00
This Administrative Report also includes a request for additional funding. Staff recommends deferring the
Street Improvements at College and Fairfax project since it is a lower priority project.
April 26, 2007, 4:12PM
G:\GROUPDAT\ADMINRPT\2007\05-09\T5K116-Panama at Golden Gate Street Improvements. doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~.~.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ./f/~
DATE: April 27,2007 CITY ATTORNEY k 1~ J S
/
CITY MANAGER 111 ~
SUBJECT: Annual Contracts for Asphalt Rejuvenator and Sealant. (Citywide)
1. Accept bid and award contract to Burtch Construction (not to exceed $1,000,000) for
the annual contract - provide and apply asphalt rejuvenator and sealant.
2. Accept bid and award contract to Alon Asphalt (not to exceed $200,000) for the
annual contract - provide ready-to-use asphalt rejuvenator and sealant.
RECOMMENDATION: Staff recommends acceptance of the bids, award of the contracts and
authorization for staff to renew the agreements annually for four (4) consecutive one year periods upon
mutually agreeable terms.
BACKGROUND: Invitations to Bid were sent to over four hundred (400) suppliers and contractors for the
Annual Contract for Asphalt Rejuvenator and Sealant for the Public Works Department Streets Division.
Prospective bidders were provided the bidding options of providing ready-to-use product for City use,
providing and spreading the product or bidding on both options. Three (3) bids were received in response
to solicitation and are as follows:
ContractorlS u pplier
Provide and Apply Asphalt
Rejuvenator & Sealant
Provide
Ready-to-Use Product
for City Use
Burtch Construction
~~~~rt;n~I~!gt. .
Pavement Recycling
CA
Alon Asphalt
B~ker~field, CA
.. i . mm. ....... ......~.1:~}?~p~rg~ll(?rl..
No Bid
~? 9~p.~r..g.~IJgrl
No Bid
No Bid
. .~J.1.9,p~r.g~ll(?rl
In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the
bid on the basis of total bid. Contract pricing is based on multiplying the unit prices provided by the
bidders, by the estimated amount of work to be done. The actual budget available for the work is
$1,200,000. Staff is recommending award of two contracts; one contract to Burtch Construction in the
amount of $1 ,000,000 for providing and spreading the asphalt rejuvenator and sealant and one contract to
Alon Asphalt in the amount of $200,000 for providing only the product which will be used by the City's
Public Works Department Streets Division.
Purchasing Division
S:\PURCH\ADMIN\AC Asphalt Rejuvenator and Sealant, 06-07-80, Alon Asphalt & Burtch Construction, May 9. 2007,doc
Created on 4/27/200710:12:00AM
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: ~ .a.d .
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
April 26, 2007
SUBJECT: Install Traffic Signal Interconnect at Various City Locations- Part 4 (Wards 2, 3, and 4):
1. Accept low bid and award contract to MGE Underground, Inc. ($1,039,422) for the
project.
2. Appropriate $166,566 Congestion Mitigation and Air Quality Program funds to the
Public Works Department Capital Improvement Budget within the ISTEA Fund.
RECOMMENDATION:
Staff recommends acceptance of low bid, award of contract, and approval of
appropriation.
BACKGROUND: This project will install traffic signal interconnect conduit and wiring along: 1) Auburn
Street between Oswell and Fairfax, 2) Coffee Road between Hageman and Meany, 3) Columbus Street
between Chester and Auburn, 4) Oswell Street between Auburn and Columbus, 5) Stockdale Highway
between Old River Road and Buena Vista, and 6) Truxtun Avenue between Mohawk and Oak. With the
installation of this new interconnect, the traffic signal timing along these street segments can be optimized
to improve traffic flow.
This project will be funded predominantly with federal Congestion Mitigation and Air Quality Program
(CMAQ) funds. CMAQ funds will cover 88.53% of the project's cost. The remaining 11.47% will be
covered by revenue within the Gas Tax Fund. The Engineer's Estimate for this project is $925,000.
Three acceptable bids were received on Tuesday, February 20,2007, as listed below:
MGE Underground, Inc.
P.O. Box 4189
Paso Robles, CA, 93447 (Out of Town)
in the amount of
$1,039,422.00
P & G Communications, Inc.
P.O. Box 2545
Visalia, CA 93278 (Out of Town)
in the amount of
$1,326,989.00
A.C. Electric Company
315 34th Street
Bakersfield, CA 93301 (City)
in the amount of
$1,364,632.50
April 27. 2007. 10: 12AM
G:\GROUPDA T\ADMINRPT\2007\05-09\Admin_RpC T6K 1 06.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.f . b .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manager~ / DEPARTMENT HEAD
April 20, 2007 CITY ATTORNEY
CITY MANAGER
SUBJECT: Revised Job Specifications: Communications Coordinator and Communications
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
At the request of the Public Works Operations Manager, the job specifications for Communications
Coordinator and Communications Engineer have been reviewed and revised as they were last updated in
1989. Specifically, the specifications have been revised to reflect changes in requirements from the
Federal Communications Commission (FCC) which no longer requires the FCC General Radiotelephone
Operator License, the APCO and the NABER Certifications. Additionally, both job specifications have
been updated with language which includes the installation and maintenance of local government
television equipment and to reflect current technology.
There is no budgetary impact as the salaries will remain the same. The revised job specifications were
presented and approved by the Miscellaneous Civil Service Board at their April 17, 2007 meeting.
(pr)
S:\Admin Reports - 2007\Communications\Communications Coordinator & Engineer.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: "i. cc.. .
TO: Honorable Mayor and City Council
FROM:
DATE:
W. R. Rector, Chief of Police
DEPARTMENT HEAD
CITY ATTORNEY
April 27, 2007
CITY MANAGER ftTI d
I
SUBJECT: Accept a State Farm Good Neighbor Citizenship grant, in the amount of $6,820; and
appropriate the $6,820 contribution to the Police Department operating budget in the
General Fund for the purpose of educating the community on proper use and installation of
Child Restraint Systems.
RECOMMENDATION:
Staff recommends the acceptance of the grant money and the appropriation.
BACKGROUND:
The City of Bakersfield Police Department has been awarded a Good Neighbor Citizenship grant in the
amount of $6,820.00 from State Farm Mutual Automobile Insurance Company. The Police Department
will use this grant to purchase a Dial-A-Belt Seat Simulator, 20 carseats, and to print education materials
for the purpose of educating the community on the proper use and installation of Child Restraint Systems
(CRS).
Educating the community on the importance of proper usage of child restraint systems will help to
decrease the amount of injury and death to children involved in vehicle collisions. For parents with
financial hardships, replacing damaged, recalled, or seats which children have outgrown will also keep
children safer while traveling in vehicles. The items purchased with the State Farm Good Neighbor
Citizenship grant will be used to educate many members of the community including children of
elementary age. There will also be the opportunity for hands on experience, along with materials to read
should the parents have further questions. In certain cases, families will receive new car seats.
\\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 06-07\ADMIN RPT - STATE FARM GRANT. doc
4/25/20073:10 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA S~CTION: Consent Calendar
ITEM: 'i.dd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley Grady, Development Services Director DEPARTMENT HEAD
APPROVED
April 26, 2007
CITY ATTORNEY
CITY MANAGER
~
~
ItT/~
SUBJECT: Reclassification of Two (2) Code Enforcement Officer II's to two (2) Code
Enforcement Officer Ill's in the Building Division of the Development Services
Department.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Code Enforcement Section of the Building Division has recently established a systematic pro-
active enforcement team. After implementing the team, it has become apparent that additional
field supervision is needed for Code Enforcement activities.
Code Enforcement currently has one filled supervisory position (Code Enforcement Officer III) and
13 code enforcement officers. This does not provide an adequate span of control to fully oversee
various activities within the section. During the past 12 months, Code Enforcement's work load
has increased over 50% since implementation of the new "pro-active" neighborhood cleanup
program. The reclassified positions of Code Enforcement Officer III will supervise more effectively
two separate teams (1 pro-active and 1 reactive) to monitor, coordinate, assign, review corrective
actions, and handle conflicts between the publiC and code enforcement officers.
There will be minimal budgetary impact, as two current positions of Code Enforcement Officer II will
be eliminated once the in-house promotional process is complete. The Code Enforcement Section
has adequate salary savings to cover additional cost in the current budget year. The
reclassification for two positions is included in the Development Services Department budget for
the FY2007-2008.
CL:do
April 26, 2007, 2:28PM
S:\Budget 2008\CEIII-admin.doc
ADMINISTRATIVE REPORT
MEETING DATE May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: to{. ee-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY J:!
CITY MANAGER It- r; tJL
Appropriate $154,000 from Office of Emergency Services and USDA Forest Service to the
General Fund Fire Department Operating Budget for overtime costs incurred at mutual aid
assignments.
Ron Fraze, Fire Chief
April 26, 2007
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Bakersfield Fire Department was involved in numerous Strike Teams during the 2006 fire season.
The total amount reimbursed was $154,102.36. Of this amount, $154,000 will be appropriated to the Fire
Department to reimburse actual overtime costs.
The Office of Emergency Services' fires attended were Arco, Edgemont, Prado mobHization, Auberry
Complex, Esperanza Fire, and Shekell Fire. The United States Forest Service fires attended were Miller,
Sand Flat, Orleans, and North Bar Complex.
sc
April 27. 2007, 8:37AM
S:\SUSAN\Admin Report Word\strike team fires.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: 'f .-fr.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/~
(/6-
It r/ d
/
April 27, 2007
SUBJECT: Support of Residential Rehabilitation Facility Legislation, SB 1000.
RECOMMENDATION:
Staff recommends sending a letter in support of Senate Bill 1 000.
BACKGROUND:
Staff supports sending a letter in support of Senate Bill 1000. As City Council is aware, issues involving
residential recovery centers or "group houses" have arisen several times in the past three years. Current
law restricts regulation of these facilities by the City. This legislation may offer cities across the state
additional tools to monitor and regulate such facilities. A sample letter is attached and staff recommends
Council authorize support.
MR:dll
April 27, 2007. 8:25AM
S:ICQUNCIL IAdminsl06-D7 AdminslSB1000ResRecSupLtr.doc
ADMINISTRATIVE REPORT
MEETING DATE May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: 't.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
~ROVED
DEPARTMENT HEAD .!1 -~
CITY ATTORNEY Jf-
CITY MANAGER l7 Jt1 J.-
April 26, 2007
SUBJECT: US Department of Homeland Security Grant
1. Accept Federal Grant for $90,864 from US Department of Homeland Security.
2. Appropriate $90,864 from Federal Grant Revenue to the General Fund Fire Department
Operating Budget for the purchase of fire shelters and protective wildland apparel.
3. Authorization to purchase fire shelters from GSA Advantage in the amount of
$48,606.13 (Citywide).
RECOMMENDATION:
Staff recommends approval to accept and appropriate the Federal Grant and to authorize the purchase of
fire shelters from GSA Advantage.
BACKGROUND:
The Bakersfield Fire Department has been approved for a Federal Grant from the US Department of
Homeland Security. The approved project is $113,580, of which the Federal share is $90,864, and the
City share is $22,716. Fire Shelters and wildland protective grassfire jackets and pants are to be
purchased for all sworn personnel from this FY 2006 Assistance to Firefighters' Grant. The Fire Shelters
can be purchased immediately through GSA; therefore, the request for authorization is noted above. The
protective grassfire apparel will go through the City bid process and will be purchased as soon as the
process is complete.
The Fire Department is responsible for funding 20% of the grant, which is $22,716; however, an additional
appropriation will not be needed for the Fire Department's portion because internal savings from the
current year 2006-07 budget can fund the amount needed.
The General Services Administration (GSA) permits local agencies to purchase public safety supplies from
GSA pricing schedules. The GSA has an existing contract for fire shelters which are used by fire
personnel for protection from radiant and convective heat in entrapment situations when fighting wildland
fires. Due to changes in National Fire Protection Association codes (NFPA 1977-2005), the Fire
Department must replace 180 fire shelters. NFPA 1977-2005-compliant fire shelters are included on the
GSA pricing schedule. Purchasing staff priced the fire shelters and the GSA pricing schedule will save the
City approximately $7,200.
May 2, 2007, 9:22AM
S:\SUSAN\Admin Report Word\fire shelters.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~.Vlh.
TO:
FROM:
Honorable Mayor and City Council
DATE:
APPROVED
",-p-- .
DEPARTMENT HEAD ~.
CITY ATTORNEY
CITY MANAGER If 7/ aJL
Budget and Finance Committee Report regarding FY 07/08 Community Development Block
Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Shelter Grant
(ESG) Annual Spending Plan. (ALL WARDS)
Donna L. Kunz, Economic Development Director
April 26, 2007
SUBJECT:
RECOMMENDATION:
The Budget and Finance Committee recommends acceptance of the report, and authorizes the City
Manager to execute all necessary HUD documents.
BACKGROUND:
The Budget and Finance Committee met on March19, 2007 to review and consider the Annual HUD
Action Plan for FY 2007-2008. The proposed 2007/2008 Annual Action Plan is the third year of the
Consolidated Plan 2010 and represents activities to be funded with Community Development Block Grant
(CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter Grant (ESG)
entitlements. The total funds available for FY 07/08 is $5,594,518 which represents $3,653,927 of CDBG
funds (includes program income of $250,000), $1,794,324 of HOME funds (includes program income of
$200,000), and $146,267 of ESG funds.
A public notice was published on April 1 , 2007 concerning the availability of the draft annual action plan for
a HUD required 30-day citizen review and comment period. As part of the public review and comment
process, a public meeting was held on April 18, 2007. The public review period ended on May 1, 2007 and
no public comments were received on the proposed use of HUD funds for FY 07/08.
Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the City to
address community development and housing needs identified in the five-year Consolidated Plan adopted
by City Council in May 2005. The attached public notice outlines the proposed funding to address these
needs by project/program.
The deadline for submittal of the Action Plan to HUD is May 15, 2007. HUD will then have 45 days to
review the Action Plan for compliance with federal regulations. Funds are expected to be available after
July 1,2007.
The Budget and Finance Committee unanimously supported the proposed HUD Action Plan for next fiscal
year and recommended staff to proceed with the publiC notice and forward the FY 2007/08 CDBG, HOME
and ESG annual spending plan to the City Council in May for review and approval.
S:\Admins\City Council\City Council Admins 2007\Action plan FY07-08_admin.doc
4/26/2007 4:44 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Hearings
ITEM: 5.a.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD 71~
DATE: April 26, 2007 CITY ATTORNEY fJJr1A
CITY MANAGER /I- r/l'c..L
I
SUBJECT: General Plan Amendment No. 06-2290. (Metro-Wide, Wards 1-7)
The City of Bakersfield has requested a general plan amendment to incorporate land
use and circulation map changes previously adopted by the County Board of
Supervisors and the City of Shatter.
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment to incorporate land use and circulation map changes approved by the
County of Kem and the City of Shatter.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Notice of Exemption and approving the
general plan amendment.
BACKGROUND:
The Planning Commission conducted a public hearing on this general plan amendment and
recommended approval to the City Council on April 5, 2007. No individuals or agencies present at the
hearing opposed the request.
Staff determined that the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)
(3) does not apply to the proposed project, since amending the City's Land Use and Circulation
Element maps for consistency with previously adopted County and City of Shatter changes does not
have a potential to cause significant adverse environmental impacts. Therefore, a Notice of Exemption
was prepared, in accordance with CEQA.
MO:dc
S:\GPA 1 st 2007\06-2290\SR Admin\Admin Report 06-2290.doc
ADMINISlRA liVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Consent Calendar - Hearings
ITEM: 6. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
April 26, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
~
(rJ;n4
!1rd-
SUBJECT: General Plan Amendment No. 07-0246. (Metro-Wide, Wards 1-7)
The City of Bakersfield has requested a general plan amendment to revise the text of the
Safety Element of the Metropolitan Bakersfield General Plan to incorporate the adopted
final Kern County, California Multi-Hazard Mitigation Plan.
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment to incorporate text changes to the Safety Element to incorporate the
adopted final Kern County, California Multi-Hazard Mitigation Plan.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Notice of Exemption and approving the
general plan amendment.
BACKGROUND:
This project is an amendment to the goals, polices, and implementation measures of the Safety
Element of the Metropolitan Bakersfield General Plan. These amendments incorporate the policies of
the final Kern County, California Multi-Hazard Mitigation Plan (Plan) that was adopted by the City
Council On April 5, 2006 (Resolution 094-06). The purpose of the Plan is to assess the risks posed by
natural hazards and identify ways to reduce those risks. As a source document, it will provide current
information for preparation of environmental documents and guidance for the evaluation of project
proposals and potential mitigation. The incorporation of this document will provide comprehensive
background information to assess project impacts that involve natural hazards and public safety, and
will result in better land use planning.
A recent amendment to the California Disaster Assistance Act (California Assembly Bill 2140, Exhibit B)
requires local governments to develop and adopt a Hazard Mitigation Plan as defined by DMA-2000.
The amendment further requires that local governments incorporate that Plan into the Safety Element
of the General Plan to be eligible for full State reimbursement of certain disaster related costs. Local
governments that do not meet that requirement will be limited to 75 percent reimbursement of eligible
State costs resulting from a declared disaster event.
The Kern County Board of Supervisors approved this matter on March 13, 2007, which included
identical text changes to Safety Element of the Metropolitan Bakersfield General Plan, along with
similar changes to the Safety Element of the Kern County General Plan.
ADMINISTRATIVE REPORT
Page 2
Staff determined that the California Environmental Quality Act (CEQA) pursuant to Sections 15162
(Special Situation), 15183 (Special Situation), and 15061 (b) (3) (General Rule) of the CEQA
Guidelines does not apply to the proposed project, since there is no possibility these text changes could
have a significant effect on the environment. Therefore, a Notice of Exemption was prepared, in
accordance with CEQA.
The Planning Commission conducted a public hearing on this general plan amendment and
recommended approval to the City Council on April 5, 2007. No individuals or agencies present at the
hearing opposed the request.
KS:dc
S:\GPA 1st 2007\07-0246\Admin Report 07-0246.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Hearings
ITEM: 5. c. .
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: April 26, 2007 CITY ATTORNEY f3IJld
CITY MANAGER frTJ U-
(
SUBJECT: General Plan Amendment/Zone Change 06-1099 (Ward 1, upon annexation).
John Thomsen, representing John A. & Terry Thomsen; Howard and Betty Lamond, the
property owners, has applied for a general plan amendment and zone change on 0.87
acres, located on the north side of Elcia Drive, immediately west of the Highway 99 on-
ramp.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LMR (Low Medium Density
Residential) to HC (Highway Commercial) on 0.87 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 123-02 from R-2 (Limited
Multiple Family Dwelling) to C-1 (Neighborhood Commercial) on 0.87 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of an additional 19,700 square feet of mini-storage space
expansion on the 0.87 acre project site. This project represents infill development of vacant land adjacent
to Freeway 99.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
March 15, 2007, and recommended approval to the City Council. No individuals or agencies present at
the hearing opposed the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on February 14, 2007,
in accordance with CEQA.
S:\GPA 1st 2007\06-1099\Staff Reports\Admin Report_1st Reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Hearings
ITEM: 5.d.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: April 26, 2007 CITY ATTORNEY IJJn,I
,
CITY MANAGER frrj a.JL
SUBJECT: General Plan Amendment/Zone Change 05-1561. (Ward 1)
Jerry Hendricks, Hendricks Engineering, representing Eagle Meadows of Bakersfield III,
LLC, the property owner, has applied for a general plan amendment and zone change
on 17.7 acres located along the north side of East Pacheco Road, generally west of
Cottonwood Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from HI (Heavy Industrial) to LI
(Light Industrial) on 17.7 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Section 17.06.020 (Zone Map No. 124-17) of Title Seventeen of the Bakersfield
Municipal Code by changing the zoning from M-3 (Heavy Industrial Zone) to M-1
(Light Manufacturing Zone) on 17.7 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of light manufacturing uses on the 17.7 acre project site.
This project was required by the previous approval of GPA/ZC 05-0412, adjacent to the east on 22.3
acres to ensure better compatibility between that project's residential development and this site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on March 15,2007. No individuals or agencies were
present at the hearing and the applicant agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on February 1, 2007,
in accordance with CECA.
MO:dc - S:\GPA 1st 2007\05-1561\S R Admin\Admin Report 05-1561.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Hearings
ITEM: 6. e...
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ' It 7/ a-i..
SUBJECT: General Plan Amendment/Zone Change 06-2198, Appealed (Ward 3)
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
April 26, 2007
Mr. Mike Nelson representing Danco Development, the property owner, has applied
for a general plan amendment and zone change on approximately 11.18 acres
located on the north side of Niles Street, west of Park Drive. An appeal of the
Planning Commission's decision was submitted by Mike Nelson, representing Danco
Development.
1. Resolution approving the Negative Declaration, denying the appeal and adopting
the general plan amendment changing the land use designation from LR (Low
Density Residential) to LMR (Low Medium Density Residential) on 11.18 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 103-25 from P.U.D.
(Planned Unit Development) to R-2 (Limited Multiple Family Dwelling) on 11.18
acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, denying the appeal
and approving the proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 57 single family dwelling units on the
11.18 acre project site.
The Planning Commission conducted a publiC hearing on this general plan amendment/zone change
on April 5, 2007, and recommended approval to the City Council. There was one member from the
publiC present who spoke in opposition to the project. Sherri Minetti, representing Anxious Acres, an
orchard operation on the south side of Niles Street stated that the project area has always presented
a drainage problem for the orchard. She also pointed out the intersection of Park Drive and Niles
Street is the location of many traffic accidents and this project will exacerbate the problem. Children
from the existing residential area to the west walk across the project site to Hort Elementary School
on Park Drive. Without access across this site, school children would have to utilize Niles Street (an
arterial) to reach the school, a potentially unsafe situation caused by the project.
ADMINISTRATIVE REPORT
Page 2
City staff, as well as the applicant, Mike Nelson, addressed the issues raised by Ms. Minetti.
According to staff, a sump is planned just south of the project which will be of adequate capacity to
handle drainage issues. Staff also indicated that access to the school will be provided from the tract,
than what is already approved 'for the site. Mr. Nelson added that this project proposes a much less
intensive development. The existing PUD approved for the site would permit 284 senior housing
units.
Mr. Nelson, the applicant, expressed concerns to the recommended condition of approval from Public
Works (see page 2 "Mitigation/Conditions of Approval" condition 7) requiring the developer to
construct a street near lot 16 which aligns with Franklin Street to the west and to acquire the required
60' wide right of way across the SCE easement west of the boundary for the future Franklin Avenue.
Mr. Nelson felt that the proposed condition limits the viability of the project and suggested that the
connection be made with Azalea Street instead of Franklin Avenue. Staff responded that Azalea
Street is not a desirable alignment because this would create a straight alignment from Fairfax Road
through to Morning Drive which may encourage speeding. The Planning Commission recommends
approval of the condition. A letter appealing this condition was received in the City Clerk's office on
April 12, 2007.
Conditions of approval and mitigation measures which address cultural resources, neighborhood
access, traffic and public improvements are recommended as part of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on February
19,2007, in accordance with CECA.
S:\GPA 1st 2007\06-2198\Admin Staff Reports\Admin Report (appeal).doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Hearings
ITEM: 5.f.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD n..--
April 26, 2007 CITY ATTORNEY ~
CITYMANAGER ;rT/~
I
SUBJECT: General Plan Amendment/Zone Change 06-1688 (Ward 4, upon annexation)
Marino and Associates, representing Paul Ridenour, the property owner, has applied for a
general plan amendment and zone change on 4.4 acres, located at the northwest corner of
Stockdale Highway and Claudia Autumn Drive.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from SR (Suburban Residential) to
LR (Low Density Residential) on 4.4 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 101-34 from A (Agriculture) to
R-1 (One Family Dwelling) on 4.4 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of 20 single-family residential dwelling units on the 4.4 acre
project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
March 15, 2007, and recommended approval to the City Council. No individuals or agencies present at
the hearing opposed the request.
Staff conducted an initial study and it was detennined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on February 19, 2007,
in accordance with CECA.
S:\GPA 1st 2007\06-1688\Staff Reports\Admin Report 05-09-07.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Hearings
ITEM: 6.(.t.
J
TO:
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
CITY A TIORNEY Ii3!ilA
CITY MANAGER In! <<.L
SUBJECT: General Plan Amendment/Zone Change 05-1947, Appealed (VVard 5/6 Upon
Annexation)
Honorable Mayor and City Council
FROM:
DATE:
April 18, 2007
Banducci Land, LLC, the property owner, has applied for a general plan amendment and
zone change on approximately 46 acres located at the northwest comer of Gosford
Road and McKee Road (future). An appeal of the Planning Commission's decision was
submitted by Brent Dezember.
1. Resolution approving the Negative Declaration, upholding the appeal modifying
conditions of approval, and adopting the general plan amendment changing the
land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low
Density Residential) on approximately 46 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map No. 123-32 from A
(Agriculture Zone) to R-1 (One-Family Dwelling Zone) on approximately 46
acres.
RECOMMENDATION:
Staff recommends that this item be referred back to staff.
BACKGROUND:
The City Council public hearing for this item was initially scheduled for August 16, 2006; in accordance
with the applicant's request, the Council continued the item several times and lastly until this meeting
date
Subsequently, the applicant and appellant met but have yet to resolve their differences. Staff
recommends that this item be referred back to staff. At the time when either the applicant and
appellant have resolved their differences or have determined that no further negotiations will be
conducted, staff will schedule this item for the next available City Council general plan amendment
cycle meeting.
MO - S:\GPA 1st 2007\05-1947 (cc cont)\Admin\Admin Report 5-1947.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Hearings
ITEM: 6. h.
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: April 26, 2007 CITY ATTORNEY tf;t4
CllY MANAGER f/-1 ttL
SUBJECT: General Plan Amendment/Zone Change 06-1052 (Ward 6)
Mr. Maurice J. Etchechury, representing the John M. Antongiovanni Trust, the
property owner, has applied for a general plan amendment and zone change on
approximately 18.7 acres located at the southwest corner of Panama Lane and Ashe
Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density
Residential) to GC (General Commercial) on 18.7 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 123-28 from R-1 (One
Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial
Development) on 18.7 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 146,000 square feet of gross
leasable area with two major tenants, four drive thru tenants, and three single or multiple-tenant retail
and/or restaurant buildings.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on March 15,2007, and recommended approval to the City Council. There were individuals present
at the meeting that expressed concerns with this project regarding the close proximity to other
commercial locations, enough market demand to support the project, traffic on Panama Lane, and
additional research on the possible economic and environmental impacts this project would bring to
the area. The proximity of this proposed project to other commercial location complies with General
Plan policies to encourage a separation of at least one-half mile between new commercial
designations. At one time commercial use was at the northeast corner of Panama and Ashe, but was
replaced with residential use. This is the only commercial use at this intersection of two arterial
streets.
ADMINISTRATIVE REPORT
Page 2
Traffic impact, air quality and cultural resource studies were completed on the project. An urban
decay study was not prepared for the project because the project was under the adopted thresholds
for the preparation of an urban decay study.
The applicant agreed to all conditions and mitigation for the project. Conditions of approval and
mitigation measures which address air quality, cultural resources, neighborhood access, traffic and
public improvements are recommended as part of the project approval. Additional mitigation was
added to the project to address concerns presented to the Commission about impacts to cultural
resources.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on February
15,2007, in accordance with CEQA.
CG-5:\GPA 1st 2007\06-1052\Staff Reports\Admln Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Hearings
ITEM: 6. j.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEA~
April 26, 2007 CITY ATTORNEY _
CITY MANAGER 117 ttL
General Plan Amendment/Zone Change 06-1039 (Ward 6, upon annexation)
Mcintosh & Associates representing Bakersfield 19, LLC, the property owner, has
applied for a general plan amendment and zone change on approximately 19.55
acres located on the north side of Engle Road, between Ashe and Stine Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource - Intensive
Agriculture) to LMR (Low Medium Density Residential) on 19.55 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 142-03 from A
(Agriculture) to R-2 (Limited Multiple Family Dwelling) on 19.55 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 200 single family dwelling units.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on March 15, 2007, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation
for the project. Additional mitigation was added to the project to address concerns presented to the
Commission about impacts to cultural resources. Conditions of approval and mitigation measures
which address air quality, cultural resources, hazardous materials, Williamson Act land use contract
cancellation, bike circulation, odor impacts, traffic and public improvements are recommended as part
of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on February
8,2007, in accordance with CECA.
CG-S:\GPA 1st 2007\06-1039\Staff ReportslAdmin Reportdoc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Hearings
ITEM: '5. \.
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
April 26, 2007
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD %--
CITY ATTORNEY ~
CITY MANAGER ITr/ ~
I
General Plan Amendment/Zone Change 06-1031 (Ward 6, upon annexation)
SUBJECT:
Mr. Dominique Minaberrigarai, representing the Minaberri Family Trust, the property
owner, has applied for a general plan amendment and zone change on approximately
38.48 acres located at the northeast comer of Ashe Road and Engle Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource - Intensive
Agriculture) to GC (General Commercial) on 10.02 acres, LR (Low Density
Residential) on 24.74 acres, and HMR (High Medium Density Residential) on
3.72 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 142-03 from A
(Agriculture) to C-2 (Regional Commercial) on 10.02 acres, R-1 (One Family
Dwelling) on 24.74 acres, and R-2 (Limited Multiple Family Dwelling) on 3.72
acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of approximately 68 single family dwellings, 96 multi-
family dwellings, and 95,000 square feet of commercial buildings.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on March 15, 2007, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation
for the project. Additional mitigation was added to the project to address concerns presented to the
Commission about impacts to cultural resources. Conditions of approval and mitigation measures
which address air quality, cultural resources, Williamson Act land use contract cancellation, bike
circulation, neighborhood access, traffic and public improvements are recommended as part of the
project approval.
ADMINISTRATIVE REPORT
Page 2
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 January
26,2007, in accordance with CECA.
CG-S:\GPA 1st 2007\06-1 031 \Staff ReportslAdmln Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
TO:
FROM:
DATE:
AGENDA SECTION: Closed Session
ITEM:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
!/&-
vCr-
A-7jt1L
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Five cases).
May 2, 2007
· North Kern Water Storage District v. Kern Delta Water District, et al
Tulare County Superior Court Case No. 96-172919
Fifth Appellate District Court Cast No. F047706
California Supreme Court
· City of Bakersfield v. Kern Delta Water Storage District
Ventura County Superior Court Case No. CIV242067
· City of Bakersfield v. City of Shaffer, et al
Kern County Superior Court Case No. S-1500-CV-260277-RJO
· City of Bakersfield v. North Kern Water Storage District, et al
Kern County Superior Court Case No. S-1500-CV-260360-AEW
· City of Bakersfield v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-1500-CV-260384-LPE
VG:dll
S:ICQUNCILICI SesslAdminsI06-07\05-09-07ExislLit5cases.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Closed Session
ITEM: {,. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
1&
1/(;-
iT
r
April 30, 2007
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1)(3){A) of Government Code section
54956.9.
VG:vl
S:\CQUNCIL ICI SesslAdminsl06-O 7\04-30-07RailroadQuiatzones-Polenliallil.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Presentations
ITEM: /I.a..
FROM:
DATE:
Mayor Harvey L. Hall
April 26,2007
DEPARTMENT HEAD
CITY ATTORNEY
TO: Honorable Mayor and City Council
CITY MANAGER II-r/ ~
I
SUBJECT: Presentation by Mayor Hall of Proclamation to Rodger Chambers, President of ABATE
Local #40, proclaiming May, 2007, as "Motorcycle Awareness Month".
RECOMMENDATION:
BACKGROUND:
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April 26, 2007, 10:05AM
S:\MAYOR\ADMIN\2007\MOTORCYCLE AWARENESS MONTH.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Presentations
ITEM: l\ .b.
DEPARTMENTHEAD~
CITY ATTORNEY
CITY MANAGER A-7j aL
SUBJECT: Presentation by Mayor Hall of Proclamation to Raul Rojas, Public Works Director, City of
Bakersfield, proclaiming May 20 through 26,2007, as "National Public Works Week".
TO:
Honorable Mayor and City Council
FROM:
Mayor Harvey L. Hall
DATE:
April 26, 2007
RECOMMENDATION:
BACKGROUND:
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April 26, 2007, 10:02AM
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ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Reports
ITEM: 13.a..
TO
Honorable Mayor and City Council
DATE
April 30, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
&Js
f/{J-
If r/ ILL
I
FROM
John W, Stinson, Assistant City Manager
DEPARTMENT HEAD
SUBJECT: Presentation of the Proposed FY 2007 - 08 Budget
RECOMMENDA TION:
BACKGROUND: The City Manager's Office will provide a detailed overview of the FY 2007-08
proposed budget for the Operating, Capital Improvement and Bakersfield Redevelopment Agency
budgets,
JWSal
April 30,2007, 1141AM
S 'Admin Rpts\2007\Proposed Budget Workshop 050907,dot
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Hearings
ITEM: 1'-\. a .
TO:
FROM:
DATE:
SUBJECT:
RECOMMENDATION:
Staff recommends adoption of resolutions denying the general plan amendment and the ordinance.
BACKGROUND:
The proposal would allow for the development of 300 single-family residential dwelling units on the 60 acre
project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
April 5, 2007, and recommended denial to the City Council. Staff made a presentation of the proposed
project and recommended approval to the Planning Commission. The project site is currently vacant land
with moderately rolling hills and is designated as resource mineral petroleum and open space. The
subject site is within the Breckenridge Planned Drainage Area which designates drainage facilities through
this area. Various properties surrounding the project site are in the process or proposed for urban
residential development, most are in connection of the recently approved Riverview project (GPAlZC 06-
0961) located 1/2-mile north of the project site and the proposed Watermark project (GPAlZC 06-0960)
located immediately west of the project site. The Planning Commission denial was based primarily on
isolation from other urban developments, inaccessibility, lack of infrastructure, and premature
development. This would be the first urban designation within all of Section 28.
Mr. Sam Crawford and Mrs. Bonnie Crawford, representing "Save Our Animals", Ms. Louise Stevenson,
Ms. Pauline Bartlett, and Mr. Jim Lamberson submitted comment letters to the Planning Department dated
ADMINISTRATIVE REPORT
Page 2
for February 1, 2007, February 11, 2007, March 29, 2007, and April 5, 2007, which are included in the
back-up for this item.
Ms. Terrie Stoller with Stoller Family Farms addressed the Planning Commission during the hearing and
expressed her opposition to the proposal. Ms. Stoller requested the Planning Commission deny GPA/ZC
06-0494 on the grounds of proposing premature and incontiguous residential development. She stated
that the proposed Watermark project located immediately to the west is long way off from completion and
that the proposed 60 acre project site will be isolated from existing development. Ms. Stoller further stated
that she would like to encourage the city to wait until there is a tangible plan in hand and the proper
infrastructure is in place.
Ms. Louise Stevenson expressed her opposition to the proposal. She stated that the proposed project is
inconsistent with the existing rural residential, estate residential, and suburban residential land uses
located immediately to the west and further south of the project site. Ms. Stevenson further stated that the
existing agricultural zoning surrounding the project site allows for the keeping of large farm animals and
agricultural uses that may cause a nuisance to future residents. Ms. Stevenson added that there is no
infrastructure for roads, utilities, and telephones and that the County of Kern had recently rejected thirteen
plans due to the lack of infrastructure.
Terry Boner expressed his opposition to the proposal. He stated that this area is full of clay and the roads
become very hazardous and slippery.
Mr. Jim Lamberson expressed his opposition to the proposal. Mr. Lamberson owns a horse ranch
adjacent to the 60 acre project site. He stated his concerns over the lack of infrastructure for roads and
the need to mitigate flood planes within the proposed 60 acre project site.
Mr. David Dominguez expressed his opposition to. the proposal. Mr. Dominguez would like to include
additional cultural mitigation measures in this proposed 60 acres project site.
Mr. Roger Mcintosh, with Mcintosh and Associates representing Douglas and Sandye DeBerti, addressed
the Planning Commission during the public hearing and spoke in favor of the proposal. Mr. Mcintosh
stated that there are a number of proposed developments along Highway 178 and that there is a one mile
separation between the edge of the urban growth area and the 60 acre project site. Mr. Mcintosh further
stated that there are enough buffers surrounding the project site that meet all city requirements for a
separation from animals and agricultural uses. Mr. Mcintosh also added that future residents within the
project site will be notified of the agricultural uses surrounding the project site. Mr. Mcintosh stated that
there are no flood channels and no designated flood zones within the property.
Eric Powers, a partner with the DeBerti family, addressed the Planning Commission during the public
hearing and spoke in favor of the proposal. Mr. Powers stated that the DeBerti family owns 100% of the
mineral rights and have rehabilitated the 60 acre project site. Mr. Powers further state that he would like
to see the proper infrastructure in place and development to done correctly.
Planning Commission expressed concerns regarding premature development of the 60 acre project site.
Commission feels the proposal is isolated from other developments, inaccessible, lacks infrastructure, and
is premature based on other developments in the area. Commission also commented on the annexation
of the project site and that the Sphere of Influence only offers up a protection barrier and does not indicate
the opportunity to develop prematurely. Commission also expressed concerns over lot size inconsistency
based on the adjacent land uses and zoning and would be more enthusiastic about supporting the project
if the adjacent land uses were already developed with the opportunity to provide the proper infrastructure.
ADMINISTRATIVE REPORT
Page 3
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 March 7, 2007, in
accordance with CEQA.
S:\GPA 1st 2007\06-0494\Staff Reports\Admin Report 05-09-07.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Hearings
ITEM: 111. b .
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
April 18, 2007 CITY ATTORNEY ~
CITY MANAGER 11-1 d
SUBJECT: General Plan Amendment 06-1698. (Ward 4 upon annexation)
TO:
FROM:
DATE:
Louise Palmer, representing Adavco, Inc., the developer, has applied for a general plan
amendment on approximately 15 acres located south of Seventh Standard Road and
west of the Calloway Canal.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial)
to LMR (Low Medium Density Residential) on 15 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment.
BACKGROUND:
Upon rezoning and annexation into the City, the proposal would allow for the development of
approximately 300 single-family and multi-family units on the total 43-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment and
recommended approval of the general plan amendment to the City Council on April 5, 2007. The zone
change portion of the application was remanded to city staff by the Planning Commission per the
request of the applicant to include DI (Drilling Island) zoning when the property is rezoned. No
individuals or agencies present at the hearing opposed the request and the applicant agreed to all
conditions and mitigation for the project. Conditions of approval and mitigation measures which
address cultural resources and traffic are recommended as part of the project approval.
The City Public Works department has placed conditions of approval on the application regarding the
improvement to Seventh Standard Road that include the following:
. The applicant is required to dedicate sufficient right-of-way to accommodate a six-lane, 126-foot
right of way along Seventh Standard Road to conform to Expressway standards;
. The city/county are to construct the internal four lanes of Seventh Standard Road; the applicant
is required to construct the outside eastbound lane;
. The applicant is required to construct any additional turn lanes that will service the subject
property; and
ADMINISTRATIVE REPORT
Page 2
· The applicant is required to dedicate sufficient right-of-way and construct an additional 30 feet of
landscaping along the south side of Seventh Standard Road (20 feet more than the requirement
for Arterial standards).
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on February 26, 2006,
in accordance with CEQA.
RB - S:\GPA 1st 2007\06-1698\S R Admin\Admin Report 1698.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9, 2007
AGENDA SECTION: Hearings
ITEM: 1'4.c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEA~
CITY ATTORNEY _
CITY MANAGER It T/ ~
I
April 26, 2007
SUBJECT: General Plan Amendment 06-1699 0Nard 4 Upon Annexation)
Adavco, Inc. representing Michel & Margaret Etcheverry Family, LLP, the property
owner, has applied for a general plan amendment on approximately 23.45 acres of a
38.75-acre project site located on the southwest comer of the Seventh Standard Road
and Calloway Drive intersection.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LMR (Low Medium Density
Residential) to GC (General Commercial) on approximately 10.6 acres and from
SR (Suburban Residential) to GC (General Commercial) on approximately 12.85
acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment.
BACKGROUND:
The proposal would allow for the development of approximately 438,000 square feet of commercial
retail space.
The Planning Commission conducted a public hearing on this general plan amendment on April 5,
2007, and recommended approval to the City Council. The proposed project is related to GPA1ZC 06-
1698 located approximately one mile west of the project site along the Calloway Canal. The existing
commercial use at GPA1ZC 06-1698 is proposed to change to residential use on 15 acres. With the
adoption of both GPA/ZC 06-1698 and this proposed project, the additional commercial use would
increase of by a total of 8.45 acres, creating one larger commercial site instead of two smaller sites.
Several individuals present at the hearing opposed the proposed project. The individuals stated
concerns regarding the impacts to existing traffic conditions, the timing of the widening of 7th Standard
Road and rejecting the type of businesses commercial zoning allows. The City Public Works
department has placed conditions of approval on the application regarding the improvement to
Seventh Standard Road that include the following:
ADMINISTRATIVE REPORT
Page 2
· The applicant is required to dedicate sufficient right-of-way to accommodate a six-lane, 126-
foot right of way along Seventh Standard Road to conform to Expressway standards;
· The city/county are to construct the internal four lanes of Seventh Standard Road; the
applicant is required to construct the outside eastbound lane;
· The applicant is required to construct any additional turn lanes that will service the subject
property; and
· The applicant is required to dedicate sufficient right-of-way and construct an additional 30 feet
of landscaping along the south side of Seventh Standard Road (20 feet more than the
requirement for Arterial standards).
Access to commercial property from Seventh Standard Road is permitted only with the construction of
a fourth auxiliary access lane along the commercial area with right in and right out only, to and from
Seventh Standard Road. In addition, access to the proposed commercial site from the surrounding
neighborhood is improved with the project condition that requires local roads on the western and
southern boundaries of the project site. The local roads will decrease the amount of traffic entering
the site from Calloway Drive and 7th Standard Road.
A condition was also added to allow the City to restrict the zoning to include a PCD overlay and allow
limitations to the types of uses that could be allowed. Staff held a meeting with the applicant and
some individuals that were present at the Commission meeting with concerns on the types of use C-2
zoning allows. The result was an added condition on the C-2 PCD Zone Change application to
prevent the following uses on the project site: adult entertainment establishments, card room, bingo
parlor, funeral services, crematories, sanitarium and pawnshops.
The related C-2 PCD Zone Change will be considered at a future City Council meeting.
Various technical studies were completed for the project including traffic impact, air quality, cultural
resource and urban decay studies. The applicant agreed to all conditions and mitigation for the
project. Conditions of approval and mitigation measures which address air quality, cultural resources,
neighborhood access, zoning limitations, traffic and public improvements are recommended as part of
the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on March 12,
2007, in accordance with CEQA.
CG-S:\GPA 1st 2007\06-1699\Staff Reports\Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 9,2007
AGENDA SECTION: Consent Calendar
ITEM: 16.a...
TO: Honorable Mayor and City Council APPROVED
FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD~ ~
DATE: May 1,2007 CITY ATTORNEY //(;
CITY MANAGER 11-7/ ~
SUBJECT: Appropriate $420,000 Fund Balance within the Domestic Water Fund to pay application
fees to the State Water Resources Control Board to acquire unappropriated water on the
Kern River.
RECOMMENDATION: Staff recommends approval of appropriation.
BACKGROUND: The 12 year long Kern River 1st Point lawsuit has ended. On April 25, 2007, the
Supreme Court of California denied the requests from North Kern Water Storage District and Kern Delta
Water District to review the Fifth District Appellate Court's decision on the case. The conclusion of the
case has resulted in the court declaring a substantial amount of Kern River water forfeited and now
available for appropriation. There could be an average of more than 60,000 acre-feet annually of
unclaimed water for appropriation. The City must now file with the California State Water Resources
Control Board - Division of Water Rights to claim ownership of the forfeited water. Recent revisions in the
application fee structure have increased the cost to file. The fee is now $1,000 plus $15.00/acre-foot with a
cap of $420,000.
May 1, 2007, 12: 16PMR - Water Resources
S:\2007 ADMIN REPORTS\050907unappropwater.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 25, 2007
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 Hanson,
Councjlmembers Carson, Benham, Weir,
Couch, Hanson, Sullivan (seated at 5:16
p.m.),
Absent:
Councilmember Scrivner
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Canyons, LLC, et al v City Kern County
Superior Court Case No. S-1500-CV-
259731-LPE
2. OKS Investments, LLC, et al v City
Kern County Superior Court Case No. S-
1500-CV-259731-LPE
3. John M. Tarabino, et al v City KCSC Case
No. S-1500-CV-257620-SPC
Bakersfield, California, April 25, 2007 - Page 2
Motion by Vice-Mayor Hanson to adjourn the
meeting to Closed Session at 5:22 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:27 p.m.
RECONVENED MEETING - 6:39 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Couch, Weir,
Sullivan
Absent:
Councilmembers Benham, Scrivner
6. INVOCATION by Rabbi Shmuel Schlanger, Chabad of
Bakersfield
7. PLEDGE OF ALLEGIANCE by Councilmember Weir
8. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1.
Canyons, LLC, et al v City Kern County
Superior Court Case No. S-1500-CV-
259731-LPE
2.
DKS Investments, LLC, et al v City
Kern County Superior Court Case No. S-
1500-CV-259731-LPE
3.
John M. Tarabino, et al v City KCSC Case
No. S-1500-CV-257620-SPC
Mayor Hall announced the evaluation of the City
Manager has been concluded with an exceptional
outcome. The City Council has approved an increase
in the City Manager's deferred compensation from
$14,373.00 to $20,500.00 per year, an increase of
$6,126.69.
ACTION TAKEN
APPROVED
AB SCRIVNER
APPROVED
AB SCRIVNER
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, April 25, 2007 - Page 3
9.
PRESENTATIONS
Assistant City Clerk Gafford announced
representatives of Mothers Against Senseless
Killings have been delayed and item 9.b. will be
moved forward.
b. Presentation by Mayor Hall of Proclamation to Tony
Martinez, Community Relations Specialist, City of
Bakersfield, proclaiming May, 2007, as Graffiti
Awareness Month.
Mr. Martinez accepted the Proclamation and made
comments.
Mayor Hall announced representatives of Mothers
Against Senseless Killings have not yet arrived and
if and when they arrive the Proclamation will be
made if time allows.
Mayor Hall acknowledged students from Ridgeview
High School and Bakersfield College in attendance
at the meeting.
10. PUBLIC STATEMENTS
a. Lee Williams, LC National Sportsman Foundation,
spoke requesting endorsement and assistance to
show appreciation to veterans and provided written
materials.
b. David Torres spoke regarding train whistles.
c. Kara Cieri, on behalf of the Junior League of
Bakersfield, spoke regarding donations by the
Junior League to the Police and Fire Departments
and made presentations to department
representatives.
9. PRESENTATIONS continued
a. Presentation by Mayor Hall of Proclamation to
Mickey Sturdevant and Shirley Harris,
Mothers Against Senseless Killings, proclaiming
May, 2007, as Let No Mother Lose a Child Month.
Ms. Sturdevant accepted the Proclamation and
made comments.
ACTION TAKEN
Bakersfield, California, April 25, 2007 - Page 4
11.
APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 11 , 2007 Regular
City Council Meeting.
Payments:
b.
Approval of department payments from March 30,
2007 to April 12, 2007 in the amount of
$12,376,066.87 and self-insurance payments from
March 30, 2007 to April 12, 2007 in the amount of
$126,475.98.
Ordinances:
c.
First Reading of Ordinance adding Section
13.08.080 to the Municipal Code relating to
Redemption Premiums for 1915 Act Bonds and
ratifying Redemption Premiums for such
bonds of Assessment District No. 06-1.
First Reading of Ordinance amending Municipal
Code Sections 1.12.030 and 1.12.040 by adding
Annexation No. 492 consisting of 80.98 acres
located west of Miramonte Drive, generally south of
State Highway 178 to Ward 3; Annexation No. 482
consisting of 73.17 acres located on Brimhall Road,
west of Jenkins Road and east of Heath Road;
Annexation No. 501 consisting of 89.59 acres
located at the northeast corner of Jewetta Avenue
and Etchart Road; and, Annexation No. 537
consisting of 79.01 acres located north of Snow
Road between Coffee Road and Calloway Road,
south of Etchart Road to Ward 4.
e. Adoption of Ordinance adding Section 17.04.367
(Large Retail Development definition), 17.04.502
(Retail Establishments definition), and 17.08.140
relating to architectural design standards and criteria
for large retail developments.
d.
ACTION TAKEN
ASS WEIR
FR
FR
ORD 4427
Bakersfield, California, April 25, 2007 - Page 5
12.
CONSENT CALENDAR continued
ACTION TAKEN
f.
Adoption of Ordinance approving a Negative
Declaration and amending Section 17.06.020
(Zone Map No. 104-18) of the Municipal Code by
changing the zoning from R-1 (One Family Dwelling)
to R-1/PUD (One Family Dwelling/Planned Unit
Development) on 29.07 acres located at the
southwest intersection of City Hills Drive and
Vineland Road (future). (ZC 06-1829) (Applicant:
Mcintosh and Associates/Property Owner: Mountain
View Bravo, LLC and S&J Alfalfa)
ORD 4428
Resolutions:
g. Resolution authorizing the submittal of applications RES 078-07
for all Used Oil Recycling and Household
Hazardous Waste for Fiscal Years 2007/08 through
2011/12.
h. Resolution adding the following territories 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.
1. Area 2-34 (Tubac, White SE) RES 079-07
2. Area 3-68 (Berkshire, Reliance SE) RES 080-07
3. Area 4-77 (Auburn, Fairfax NE) RES 081-07
i. Sewer Connection Fee Assessments:
RES 082-07
1. Resolution confirming assessments for
sewer connection fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
2. Agreement with Nunez Family Trust (co- AGR 07-122
trustees Joe M. Nunez and Ida M. Nunez),
137 Dunlap Street, to pay sewer connection
fee in installments and notice of special
assessment lien.
j. Resolution of Intention No. 1444 to add territory, RO/1444
Area 4-52 (19th, Eye West) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Bakersfield, California, April 25, 2007 - Page 6
12. CONSENT CALENDAR continued
Agreements:
k. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6333 Unit 2 located at the southeast
corner of E. Panama Lane and S. Union
Avenue.
2.
Final Map and Improvement Agreements
with Regent Land Investment, LLC and K.
Hovnanian @ Rosemary Lantana, LLC for
Tract 6498 Phase 2 located at the
intersection of Panorama Drive and
Masterson Street.
I.
Agreement with T -Mobile USA for replacement and
relocation of the microwave communication system
used by the City, at no cost to the City.
Common Use Agreement with Rosedale Ranch
Improvement District of the North Kern Water
Storage District for an irrigation easement within
Vega Meadows located at Renfro and Reina Roads.
m.
n. Specific Plan Lines for future Grade Separation
Projects along the Burlington Northern Santa
Fe Railway Company (BNSF) Mainline in northwest
Bakersfield:
1.
Agreement with County of Kern and Greater
Bakersfield Separation of Grade District
($40,000) for the engineering, selection and
adoption of the above mentioned Specific
Plan Lines.
2. Appropriate $40,000 Transportation
Development Fund Balance to the Public
Works Department's Capital Improvement
Budget to fund this agreement.
ACTION TAKEN
AGR 07-123
AGR 07-124
AGR 07-125
AGR 07-126
AGR 07-127
AGR 07-128
AGR 07-129
12.
Bakersfield, California, April 25, 2007 - Page 7
CONSENT CALENDAR continued
o. Improvements on Sumner Street at the Burlington
Northern Santa Fe Railway Company (BNSF)
Mainline:
Reimbursement Agreement with BNSF
Railway Company (not to exceed $132,000)
for installation of concrete crossing surface
on Sumner Street at the BNSF mainline.
2. Transfer $132,000 from various budgeted
capital improvement projects within the
Gas Tax Fund to fund this Agreement.
1.
p.
Hosking Avenue Interchange at Highway 99:
1. Agreement with John Giumarra, Jr. and
Terra Investments, Inc. to expedite design
phase of Hosking Avenue Interchange.
2. Agreement with Parsons ($2,849,749.82) for
engineering services for Project Approval
and Environmental Documents Plans
(PA&ED) and Specifications and Estimate
(PS&E).
q.
Contract Change Order Nos. 1, 2 & 3 to Agreement
No. 06-303 with Griffith Company ($32,639.95
increase, revised not to exceed $7,793,550.95) for
Brundage Lane Sewer Replacement.
Bids:
Miscellaneous:
r. Formation of a City Council Ad Hoc Committee to
discuss the new train horn rule.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item
12.b.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through 12.r., with the removal of
item 12.p. for separate consideration.
ACTION TAKEN
AGR 07-130
REMOVED FOR
SEPARA TE
CONSIDERA TION
AGR 06-303CC01
AGR 06-303CC02
AGR 06-303CC03
APPROVED
AB BENHAM,
SCRIVNER
Bakersfield, California, April 25, 2007 - Page 8
12.
CONSENT CALENDAR continued
p. Hosking Avenue Interchange at Highway 99:
1.
Agreement with John Giumarra, Jr. and
Terra Investments, Inc. to expedite design
phase of Hosking Avenue Interchange.
Agreement with Parsons ($2,849,749.82) for
engineering services for Project Approval
and Environmental Documents Plans
(PA&ED) and Specifications and Estimate
(PS&E).
2.
Motion by Councilmember Couch to approve the
Agreements.
13. CONSENT CALENDAR HEARINGS
a. Panama and Union Planned Sewer Area
1.
Resolution adopting the Panama and Union
Planned Sewer Area and making
findings thereto.
Adoption of Ordinance amending Section
16.32.060 of the Municipal Code relating to
sewer facilities.
2.
b. Allen Road II Planned Sewer Area
1.
Resolution adopting the Allen Road II
Planned Sewer Area and making findings
thereto.
Adoption of Ordinance amending Section
16.32.060 of the Municipal Code relating to
sewer facilities.
2.
c.
Public Hearing to consider Resolution establishing
industrial and commercial sewer service user
surcharges for Fiscal Year 2007-08.
Hearings opened at 7:15 p.m.
No one spoke.
Hearings closed at 7:15 p.m.
Motion by Vide-Mayor Hanson to approve Consent
Calendar Hearings 13.a. through 13.c.
ACTION TAKEN
AGR 07-132
AGR 07-133
APPROVED
AB BENHAM,
SCRIVNER
RES 083-07
ORD 4429
RES 084-07
ORD 4430
RES 085-07
APPROVED
AB BENHAM,
SCRIVNER
Bakersfield, California, April 25, 2007 - Page 9
14.
HEARINGS
None.
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Carson noted Pastor Tolliver's fifty years of
service, Pastor Kimbrough's thirty-six years of spiritual
leadership in the community, the passing of retired Fire
Chief Hailey and the passing of Juanita McDonald of
Carson who served the people as a Councilmember,
Assemblymember and U.S. House of Representatives
member.
Councilmember Carson announced there will be a
celebration honoring Pastor Calhoun's twenty-four years of
service.
Councilmember Carson offered condolences to the families
of the two young people murdered this week and thanked
M.A.S.K. for holding a vigil in their honor.
Councilmember Carson requested meetings with EDCD
Director Kunz and Recreation and Parks Director
Hoover.
Co uncilmember Couch requested the City Clerk
and Mayor's office provide Proclamations honoring
Judge Robert Anspah on his receipt of the Bench and
Bar Award on May 4th. Additionally he requested
Councilmembers attend if possible.
ACTION TAKEN
Bakersfield, California, April 25,2007 - Page 10
18.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Couch announced the LAFCO Board
has voted to televise their meetings; additionally
meeting dates will be changed due to the venue
change. The change will create occasional conflicts
with scheduled City Council meetings. Therefore, on
conflicted days staff to prepare agendas with Hearings
and Closed Session as later items and staff to consider
LAFCO meeting dates when proposing the 2008
Council calendar.
Councilmember Couch thanked Solid Waste staff for
processing senior citizen rebates and provided two
more boxes of mail; additionally he provided emails
from people who qualified for the rebate and did not
receive letters, and requested their applications be
processed.
Councilmember Couch announced he has expressed
interest in serving on the Emergency Transportation
Funding Task Force. If two members of the
Planning and Development Committee serve on the
body, special noticing will be required to comply with
Brown Act requirements and staff is to assure noticing
is in compliance.
Councilmember Sullivan made comments regarding
calls from citizens concerning train whistle noise.
Councilmember Sullivan requested staff investigate
number of dogs being kept in a backyard and provided
information.
Councilmember Sullivan made comments regarding
memorials for the victims of the Virginia Tech shootings.
Vice-Mayor Hanson requested he be informed if Recreation
and Parks staff is contacted regarding soccer issues in
parks.
Vice-Mayor Hanson made comments regarding alley
maintenance.
Vice-Mayor Hanson requested Finance respond to a
letter from Mr. Hinds.
Vice-Mayor Hanson reiterated the City is willing to work
with the County to improve roads.
ACTION TAKEN
18.
Bakersfield, California, April 25,2007 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Hanson wished City Clerk McCarthy well as
she recovers from her recent surgery.
Vice-Mayor Hanson wished Mayor Hall well as he departs
for Korea on Tuesday.
Mayor Hall made comments regarding the Police
Department Graffiti Suppression Team and encouraged
community efforts to abate graffiti.
19. ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at 7:35 p.m..
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
S:\Council\MINUTES\2007\April 25.doc
ACTION TAKEN