HomeMy WebLinkAbout08/29/07_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
AUGUST 29, 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
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 15, 2007 Regular City Council Meeting.
Payments:
b. Approval of department payments from August 3, 2007 to August 16, 2007 in the amount
of $11,190,339.14 and self-insurance payments from August 3, 2007 to August 16, 2007 in
the amount of $175,965.31.
Ordinances:
(Ward 5)
c.
First Reading of Ordinance amending Title 17 of the Municipal Code (Zone Map No. 122-22)
by changing the zoning from R-3/PUD (Multiple Family Dwelling/Planned Unit Development)
to R-1 (One Family Dwelling) on 42.40 acres for purposes of single family residential
development located at the southeast corner of Pensinger Road and Stetson Way in
McAllister Ranch (ZC 07-0999) (SunCal Companies representing LBREP/L - SunCal
McAllister Ranch LLC)
d. Adoption of Ordinance Revisions (FR 08/15/07):
(Ward 5.6)*
f.
1. Ordinance amending Section 5.16.030 relating to cardrooms.
2. Ordinance amending Section 5.23.030 relating to escorts and escort bureaus.
3. Ordinance amending Section 12.16.140 relating to construction work in streets.
4. Ordinance amending Section 12.56.050 relating to parks.
5. Ordinance repealing Chapter 2.52 relating to the Bakersfield Convention Center.
6. Ordinance repealing Chapter 9.32 relating to advertising matter and samples.
7. Ordinance repealing Chapter 12.24 relating to loose material.
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map
No. 124-08) by changing the zoning from R-S (Residential Suburban) to E (Estate One
Family Dwelling) on 1.83 acres generally located on the west side of Cottonwood Road,
south of Casa Loma Drive. (ZC 06-1909) (Applicant/Property Owner: Jimmy Crompton)
(FR 08/15/07)
Adoption of Ordinance approving the Development Agreement for West Ming Project on
2,182 acres located on property bounded by Ming Avenue, Southern Pacific Railroad
(Asphalto Branch), Buena Vista Road and West Beltway. (GPAlAC/SP No. 03-1544) (Castle
& Cooke, Inc.) (FR 08/15/07)
(Ward 1)
e.
. - upon annexation
4. CONSENT CALENDAR continued
(Ward 6)
(Ward 6)
(Ward 4,5)
(Ward 5)
(Ward 4)
(Ward 4)
(Ward 3)
(Ward 1) n.
(Ward 5) o.
(Ward 2) p.
q.
r.
s.
(Ward 1)
Resolutions:
Resolutions approving applications proposing proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 525 consisting of 32.54 acres located at the southeast corner of Taft
Highway and Ashe Road.
2. Annexation No. 576 consisting of 26.11 acres located at the southwest corner of Taft
Highway and Ashe Road.
Resolution approving Form and Substance of Acquisition & Disclosure Agreement and
authorizing changes to and execution of, for Assessment District No. 07-1 (Vista View
Estates) .
Resolutions 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 1-70 (Calloway, Brimhall SE)
2. Area 1-72 (7th Standard, Jewetta SE)
3. Area 3-72 (Gosford, McKee SW)
Resolution of Intention No. 1516 to add territory, Area 3-67 (McCutchen, Old River NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1524 to add territory, Area 1-73 (Rosedale, Froehlich SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1550 to add territory, Area 4-79 (Panorama, Juniper Ridge E) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1551 to add territory, Area 4-80 (Bernard, Oswell NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
g.
h.
i.
j.
k.
I.
m.
t.
Agreement with PCL Industrial Services, Inc. ($72,000 annually) to lease land at the
Bakersfield Municipal Airport to expand their operations.
Agreement with Standard Pacific Corp. ($133,000) to purchase real property located west of
Old River Road and north of Panama Lane for a water well site.
Agreement with Greater Bakersfield Convention and Visitors Bureau.
Agreement with Northcutt & Associates ($78,500) to prepare the update of the Housing
Element of the Metropolitan Bakersfield General Plan. (GPA No. 07-1519).
Agreement with Pacific Municipal Consultants (PMC) ($698,974) to prepare the update to the
Metropolitan Bakersfield General Plan.
Amendment NO.1 to Agreement No. 06-325 with United Pacific Services ($200,000; revised
not to exceed $450,000 and extending term one (1) year) for tree trimming for the
Recreation and Parks Department.
Amendment NO.1 to Agreement No. 07-037 with KSA Partners (not to exceed $850,000) for
HOME Investment Partnership funds to develop 72 affordable family apartments at 1601
Lotus Lane.
2
City Council Meeting of 08/29/2007
(Ward 2)
4. CONSENT CALENDAR continued
(Ward 3)
(Ward 1)
(Ward 1,3)
(Ward 2)
(Ward 4)
(Ward 1)
(Ward 1)
u.
v.
w.
Bids:
x.
y.
Amendment NO.1 to Agreement No. 06-324 with RM Industries ($80,000; revised not to
exceed $160,000 and extending term one (1) year) for janitorial and hardscape maintenance
for the Amtrak Station.
Amendment No.2 to Agreement No. 06-053 with Parsons Transportation Group, Inc.
($2,981,767) for construction management services of the freeway interchange construction
on State Route 178 at Fairfax Road.
Contract Change Order Nos. 4, 5, 6, 7 & 8 to Agreement No. 06-303 with Griffith Company
($122,785.32 increase; revised not to exceed $7,916,336.27) for Brundage Lane Sewer
Replacement.
Accept bid and award contract to Floyd Johnston Construction Company, Inc. ($1,361,050)
to construct Northeast Truck Sewer-Phase 2 Redbank Road Extension located along
Redbank Road from Oswell to approximately 1,400 feet west of Fairfax Road.
Accept bid from Bakersfield Truck Center ($95,087.12) for one additional three axle dump
truck for Street Maintenance Division.
z. Accept bid from Gibbs International, Inc. ($115,514.60) for one (1) additional knuckle boom
trash loader truck for Water Resources Department.
aa. Accept bid from Gibbs International, Inc. ($78,615.52) for one (1) replacement two-axle 7
cubic yard dump truck for Water Resources Department.
bb. Accept bid from Bakersfield Truck Center ($142,207.41 for one (1) additional four-axle roll-off
bin refuse truck for Solid Waste Division.
cc. Accept bid from Gibbs International, Inc. ($436,316.30) for three (3) replacement self-
contained patch trucks for Street Maintenance Division.
dd. Accept bid from Bakersfield Truck Center ($119,029.61) for one (1) replacement three-axle
dump truck with demolition body for Recreation and Parks Department.
Miscellaneous:
ee.
ff.
gg.
Amendment to the FY05/06 Action Plan to add a $3,750,000 Section 108 loan and a
$750,000 Brownfield Economic Development grant for the acquisition of real property,
economic development, job creation and relocation activities for the Mill Creek South mixed-
use project.
Quitclaim Deed to David R. Wilson, Trustee of the Wilson Revocable Trust and
Wilson/Brimhall, LLC for Drainage and Flowage Easement in Parcels 1 and 6 of Parcel Map
No. 11476 located at the northwest corner of Calloway Drive and Brimhall Road for
incorporation into their development.
Grant of Easement to California Water Service for a pipeline to 825 E. White Lane.
Staff recommends adoption of Consent Calendar items a through gg.
5. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution approving the issuance of bonds by the California
Statewide Communities Development Authority to benefit Bakersfield Pacific Associates for
the acquisition and construction of an 80 unit multi-family housing project located at 1629
Lotus Lane. (Staff recommends adoption of resolution.)
3
City Council Meeting of 08/29/2007
(Ward 1)
5. CONSENT CALENDAR HEARINGS continued
b.
(Ward 3)
(Ward 3)*
(Ward 4)
(Ward 4)
. - upon annexation
General Plan Amendment No. 07-0021; Cottonwood Villas, LLC, representing Cottonwood
Land Holdings, LLC (property owner) has applied for a general plan amendment on
approximately 40.26 acres located on the north side of E. White Lane and the west side of
Washington Street, south of E. Planz Road. (Staff recommends adoption of resolution.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential) to
LMR (Low Medium Density Residential) on 40.26 acres.
General Plan Amendment/Zone Change No. 06-2246; San Joaquin Engineering, Inc.,
representing Dorothy Lorraine Talbert, Suzanne Powell, Steve Alan Talbert, Elias N. Afana
Revocable Trust, John D. Afana, Terry and Kathy Talbert Family Trust, Nicole Afana & Janet
Gail Afana Revocable Trust, The Afana Family Trust, Marilyn G. Afana, and Jerrilyn S.
Frazee (property owners) has applied for a general plan amendment and zone change on
approximately 12.1 acres located adjacent to Rivani Drive, generally east of Morning Drive
and north of State Route 178. (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
HR (High Density Residential) on 12.1 acres.
2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and Zone Map No. 102-06 from R-1 (One Family Dwelling) to R-
3/PUD (Multiple Family Dwelling/Planned Unit Development) on 12.1 acres.
General Plan Amendment/Zone Change No. 06-0494; Mcintosh & Associates, representing
Douglas DeBerti and Sandye 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),
Y2 mile north of Breckenridge Road. (Staff recommends continuance of this item to the next
general plan cycle.)
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.
Public Hearing to consider Resolution ordering the vacation of a 25-foot wide sewer pipeline
easement at the northeast corner of Stockdale Highway and Buena Vista Road. (Staff
recommends adoption of resolution.)
Public Hearing to consider Resolution ordering the vacation of a 15-foot wide public utility
easement located north of Stockdale Highway and east of Buena Vista Road. (Staff
recommends adoption of resolution.)
g. Public Hearing to consider Resolution of Necessity to determine whether the public interest
and necessity require acquisition by eminent domain of right-of-way property situated at the
southwest corner of Mohawk Street and Rosedale Highway for the Westside Parkway
project. (Code Civ. Proc. ~ 1240.010)
c.
d.
e.
f.
Staff recommends adoption of the resolution.
4
City Council Meeting of 08/29/2007
(Ward 6)*
5. CONSENT CALENDAR HEARINGS continued
h.
General Plan Amendment/Zone Change No. 07-0514; Jim Clawson, Jr. (property owner) has
applied for a general plan amendment and zone change on 1 .55 acres located along the
south side of Taft Highway, generally west of Mountain Ridge Road (future alignment),
between Ashe Road and Stine 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 used designation from RR (Rural Residential) to GC
(General Commercial) on 1.55 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zone Map No. 142-03 from RS-20A (Residential
Suburban-20 acres minimum) to C-1/PCD (Neighborhood Commercial/Planned
Commercial Development Combining) on 1.55 acres.
General Plan Amendment/Zone Change No. 06-1689; Jim Marino, Marino & Associates,
representing KC Land Investor V, LLC (property owner), has applied for a general plan
amendment and zone change on 40 acres located at the northwest corner of Engle Road
and Wible Road. Jim Marino has appealed the Planning Commission decision. (Staff
recommends item be referred back to staff.)
1. Resolution approving the Negative Declaration, approving the appeal and adopting
the general plan amendment changing the land use designation from R-IA (Resource
Intensive Agriculture) to LR (Low Density Residential) on 49.52 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of Municipal Code and Zone Map No. 124-20 from A (Agriculture) to R-1 (One
Family Dwelling) on 49.52 acres.
6. CLOSED SESSION
(Ward 7)*
i.
a. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (Heinemann GPA issue)
b. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. City v City of Shafter, et al - KCSC Case No. S-1500-CV-260277-RJO
2. City v North Kern Water Storage Dist, et al- KCSC Case No. S-1500-CV-260360-
AEW.
3. City v Oildale Mutual Water Company, KCSC Case No. S-1500-CV-260384-LPE
RECONVENED MEETING - approximately 6:30 p.m.
7. ROLL CALL
8. INVOCATION by Pastor John May, Rio Bravo Valley Baptist Church.
9. PLEDGE OF ALLEGIANCE by Zowe Martin & Gennevieve Rodriquez, 4th Grade Students at Castle
Elementary School.
10. CLOSED SESSION ACTION
11. PRESENTATIONS
a. Presentation by Mayor Hall of Certificates to Kern River Volleyball Club's 13 & Under Elite
Team Champions.7
b. Presentation by Mayor Hall of Proclamation to Gregory D. Bynum proclaiming September 6,
2007, as Gregory D. Bynum Day.
5
City Council Meeting of 08/29/2007
(Ward 2)
(Ward 7)
(Ward 1)
(Ward 1)*
(Ward 3)
12. PUBLIC STATEMENTS
13. REPORTS
14. HEARINGS
Public Hearing to consider Resolution denying the appeal by Jason's Retreat (applicant) and
J. McFadden Rentals (property owner) of the Board of Zoning Adjustment decision denying
Modification No. 07-1040 to reduce the required off-street parking for a 26 person residential
facility with two employees from 22 spaces to 2 spaces in a C-1 (Neighborhood Commercial)
zone located at 2000 Baker Street. (Hearing opened & continued at 08/15/07 meeting.)
Staff recommends adoption of resolution.
b. Public Hearing to consider Resolution denying the appeal by Marcario Hernandez (applicant)
and upholding the Board of Zoning Adjustment decision denying Conditional Use Permit No.
07-1044 to permit the operation of a landscaping business, including outdoor storage of up to
6 vehicles, trailers, equipment $ landscape materials, on a 2.5 acre single family residential
lot in an R-S (Residential Suburban) and R-1 10K (One Family Dwelling-10,000 sq. ft.
minimum lot size) zone at 3649 Hosking Avenue.
Staff recommends adoption of resolution.
c. Amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport;
Jim Marino, Marino/Associates, representing Santa Barbara Capital (property owner), has
applied for an amendment to the Airport Land Use Compatibility Plan for the Bakersfield
Municipal Airport, changing a portion of Zone B-2 to Zone C. Jim Marino has appealed the
Planning Commission decision.
a.
1. Resolution approving the Negative Declaration, the appeal and amendment to the
Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport.
Staff recommends adoption of resolution.
d. General Plan Amendment/Zone Change No. 06-2275; Jim Marino, Marino/Associates,
representing the Garone Family Trust (property owner) has applied for a general plan
amendment and zone change on 49.52 acres located at the northwest corner of E. Panama
Lane and Cottonwood Road. Jim Marino has appealed the Planning Commission decision.
1. Resolution approving the Negative Declaration, approving the appeal and adopting
the general plan amendment changing the land use designation from R-IA
(Resource-Intensive Agriculture) to LR (Low Density Residential) on 49.52 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code (Zone Map No. 124-20) from A (Agriculture) to R-1 (One
Family Dwelling) on 49.52.
Staff recommends adoption of resolution and give first reading to ordinance.
e. General Plan Amendment/Zone Change No. 06-2254; Steven Boneso (property owner),
represented by Mcintosh & Associates, has applied for a general plan amendment and zone
change on approximately 20 acres generally located 600 feet north of Paladino Drive and is
divided by the future alignment of Rivani Drive. Roger Mcintosh, Mcintosh & Associates has
appealed the Planning Commission decision.
1. Resolution denying the appeal and the general plan amendment changing the land
use designation from LR (Low Density Residential) to HMR (High Medium Density
Residential) on approximately 20 acres.
2. Resolution denying the appeal and zone change from R-1 (Single Family Dwelling) to
R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on
approximately 20 acres.
Staff recommends adoption of resolutions.
6
City Council Meeting of 08/29/2007
14. HEARINGS continued
(Ward 5)
f.
General Plan Amendment/Zone Change No. 05-1580; Jim Manley, representing 10 Section
LLC (property owner) has applied for a general plan amendment and zone change on 200
acres located on the south of Panama Lane and east of Nord Avenue. Jim Manley has
appealed the Planning Commission decision.
1. Resolution denying the appeal and general plan amendment changing the land use
designation from R-MP (Resource-Mineral and Petroleum) and OS (Open Space) to
LR (Low Density Residential) on 220 acres.
2. Resolution denying the appeal and zone change from A (Exclusive Agriculture) to R-1
(One Family Dwelling) on 220 acres.
Staff recommends adoption of resolutions.
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
-
!
Tandy' 0-
City Manager
8/22/07 3:49pm
7
City Council Meeting of 08/29/2007
,"'
7
AGENDA HIGHLIGHTS
AUGUST 29, 2007 COUNCIL MEETING
REGULAR MEETING - 5:15 D.m.
CONSENT CALENDAR
Ordinances
Item 4c. First Readina of an Ordinance Amendina the Municioal Code by Chanaina the Zonina from R-
3/P.U.D. (Multiole-Family Dwellina/Planned Unit DeveloomenO to R-1 COne-FamilY Dwellina) on 42.40
Acres Located at the Southeast Corner of Pensinaer Road and Stetson Way in McAllister Ranch. SunCal
Companies, representing LBREP/L - SunCal McAllister Ranch LLC. proposes a single-family residential
development. The McAllister Ranch Specific Plan states that single-family residential projects of lesser
densities than permitted in the HR designation shall be allowed. Additionally, Condition 6 of Vesting
Tentative Tract Map 6558 required the site zoning be changed to R-1 prior to recordation of the final map.
On July 19, 2007, the Planning Commission recommended adoption by the City Council. No one spoke in
opposition to the project at the Planning Commission hearing.
Aareements
Item 4n. Aareement with PCL Industrial Services, Inc. to Lease Land at the Bakersfield Municioal Airoort to
Exoand their Ooerations for $72,000 oer Year. PCL Industrial Services, Inc. who is a full service heavy
industrial general contractor, desires to expand their operations for material and equipment storage and
assembly of large tanks. This will allow PCL to expand onto a part of the airport that is located outside the
northern runway protection zone. The rent monies will be used for beautification projects and other airport
improvements. This is a ten-year lease with two five-year options to extend, at $6,000 per month or
$72,000 annually with a CPI escalator.
Item 4p. Aareement with the Greater Bakersfield Convention and Visitors Bureau. This past year, staff
worked directly with the CVB Executive Committee and Board to identify a series of changes to the contract
that should improve the effectiveness of the use of the Transient Occupancy Tax monies allocated, so they
can focus more on attracting events and pay less on overhead and related cost.
Currently, the CVB has to pay for Human Resources, Finance, Legal, annual audit and other services,
whereas the City already employs applicable staff. In addition, the CVB Board has been drawn into
increased day-to-day operations rather than focusing' on policy issues and identification of priorities for
recruiting events. The board members are unpaid volunteers whose role should be on the large scale goals
and return on investments for sponsored events. Under this contract, City staff would operate the Bureau to
advise the policy decisions of the group.
The closest model in the City structure would be the Redevelopment Agency, where the City staffs the
function and the Board sets policy and long-term goals, subject to Council approvals. This contract follows
that model. Specific details are included in the administrative report.
Item 4r. Aareement with Pacific Municioal Consultants (PM C), a California Corooration, to Preoare the
Uodate to the Metrooolitan Bakersfield General Plan in the amount of $698.974. The update process began
on April 9, 2007 with a joint meeting of the City and County Planning Commissions. During May 2007, four
public workshops were held to gather input regarding the update and future growth in the metropolitan area.
Staff subsequently completed interviews and selection of the consultant to prepare the update, including
finalization of the scope of work and cost. The $698,974 will be divided equally between the City and
County.
,
"-
"
Item 4v. Amendment No. 2 to Aereement 06-053 with Parsons Transoortation Grouo Inc. for Construction
Manaeement Services for the Freewaylnterchanee Construction on State Route 178 at Fairfax Road in the
amount of $2.981,767. There is no available staff to perform freeway and interchange construction
. management, so an outside consultant would need to be hired for Construction Management Services.
Parsons Transportation Group (Parsons) is currently under contract to perform Program Management
Services for the Thomas Road Improvement Program (TRIP). As part of Parsons' existing contract,
Construction Management was defined as an optional task. Parsons has been providing oversight
construction management services on various Capital Improvement Projects for the City, and staff has been
very pleased and impressed with their work and involvement in all areas.
Bids
Item 4x. Award Contract to Floyd Johnston Construction Comoany Inc. to Construct Northeast Trunk
Sewer-Phase 2: Redbank Road Extension alone Redbank Road from Oswell to aooroximatelv 1.400 feet
west of Fairfax Road in the amount of $1.361,050. The first phase of this sewer main is essentially
complete. Phase 2 runs from the Oswell Street / Redbank Road intersection going east along Redbank
Road to Fairfax Road, a portion of which will be constructed by the Kern High School District in front of the
new Mira Monte High School. Nine acceptable bids were received. Staff recommends awarding the
contract to Floyd Johnston Construction Company Inc. Funding for the project is from the Sewer Enterprise
Fund.
CONSENT CALENDAR HEARINGS
Item 58. Issuance of Bonds bv the California Statewide Communities Develooment Authority to Benefit
Bakersfield Pacific Associates for the Acauisition and Construction of. an 80-Unit. Multi-Family Housine
Proiect located at 1629 Lotus Lane. The bonds would be tax-exempt private activity bonds for the
purposes of th& Internal Revenue Code and, as such, require the approval of the elected body of the
governmental entity having jurisdiction over the area where the project to be financed is located. The Citv
will not be under any oblieation to reoay the ~ond indebtedness. In order for the bonds to be issued, the
City must conduct a public hearing, and approve of the bond issuance on behalf of the proposed financing.
Item 5b. General Plan Amendment on AooroximatelY 40.26 Acres Located on the North Side of East White
Lane and the West side of Washineton Street. South of East Planz Road. Cottonwood Villas, LLC,
representing Cottonwood Land Holdings, LLC, the property owner, proposes construction of a single-family
residential development. The vesting map approved for the project placed it over the allowable dwelling
units for its current land use designation. This change provides for -the buildout of the tract map as
proposed to be built in compliance with the 8.85 dwelling units per -net acre. The Planning Commission
recommended approval to the City Council on July 5. 2007. No individuals or agencies opposed the
request and the applicant agreed to all conditions and mitigation forthe project.
Item 5c. General Plan Amendment and Zone Chanee on Aooroximately 12.1 Acres Located Adlacent to
Rivani Drive. Generally East of Morninq Drive and North of State Route 178. San Joaquin Engineering,
Inc., representing multiple property owners, a list of whom is provided in the administrative report, proposes
construction of a multi-family residential development. The project is part of a larger development plan on
the same parcel that includes a park and community facilities. The Planning Commission recommended
approval to the City Council on June 21, 2007. No individuals or agencies opposed the request and the
applicant agreed to all conditions and mitigation for the project.
Item 5d. General Plan Amendment and Zone Ghanae on 60 Acres Located on the East side of Edison
Road (future),1/2-mile North of Breckenridae Road. Mcintosh and Associates, representing Douglas and
Sandye Deberti, the property owners, proposes constrlJction ota single-family residential development upon
annexation. This item was originally on the May 9, 2007 Council agenda. At the request from the applicant,
it was continued. The applicant requests further continuance of this item to the next General Plan cycle.
August 29, 2007 Agenda Highlights
Page 2
..
Items 5e. and 5f. Vacations of a 25-foot Wide Sewer Piceline Easement at the Northeast Corner of
Stockdale Hiahwav and Buena Vista Road and a 15-foot Wide Public Utilitv Easement North of Stockdale
Hiahwav. East of Buena Vista Road. Castle & Cooke is developing the area as a commercial center. In
order to do this, they ask that an old sewer easement and a public utility easement be vacated. This action
was found to be consistent with the 2010 General Plan. No objections have been received.
Item 5g. Public Hearina reaardina Acauisition of Procert'{ Located at the Southwest Corner of Mohawk
Street and Rosedale Hiahwav for the Wests ide Parkwav. The County gave its consent to the acquisition of
these properties. Offers have been made to the property owners and negotiations continue.
Item 5h. General Plan Amendment and Zone Chanae on 1.55 Acres Located alona the South Side of Taft
Hiahwav. Generallv West of Mountain Ridae Road (future alianment). between Ashe Road and Stine Road.
Jim Clawson Jr., the property owner, proposes a commercial development upon annexation. The Planning
Commission recommended approval to the City Council on July 5, 2007. No individuals or agencies are in
opposition, and the applicant agreed to all conditions and mitigation for the project.
Item 5/. General Plan Amendment and Zone Chanae on 40 Acres Located at the Northwest Corner of
Enale Road and Wible Road. Jim Marino, Marino & Associates, representing KC Land Investor V, LLC, the
property owner, proposes a residential development upon annexation. The Planning Commission
recommended denial to the City Council on June 21, 2007 based on public comments regarding road
improvements/access to the site, incompatible density, and sewer/septic issues. The applicant has
appealed this decision and requests that the item be referred back to City staff.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of potential litigation and three cases of
existing litigation.
CONTINUATION OF REGULAR MEETING - looroxlmatelv 6:30 o.m.
HEARINGS
Item 148. Public Hearina to Consider a Resolution Denvina the Acceal bv Jason's Retreat and J.
McFadden Rentals (Procertv Owner) of the Board . of Zonina Adiustment's Decision to Denv a Reauest to
Reduce the Reauired Off-StreetParkina for a 26-Person Resid~ntial Facilitv with 2 Emclovees from 22
Scaces to 2 Scaces in a C-1 (Neiahborhood Commercial) Zone District located at 2000 Baker Street. This
item was continued from the August 15, 2007 Council meeting to allow Councilmember Benham, the
representative of the area, to . be present during discussion. At the June 21, 2007 Board of Zoning
Adjustment (BZA) hearing, the applicant filed a modification to the original proposal, which was denied. An
appeal was filed. Staff recommends denying the appeal.
Item 14b. Public Hearina re9arding a Decision by the Board of. Zonina Adiustment to Denv a
Conditional Use Permit on a 2.5-Acre Sinale-Familv Residential Lot at 3649 Hoskina Avenue. Marcario
Hernandez, the applicant, would like to operate a landscaping business, including outdoor storage of up to
six vehicles, trailers, equipment and landscape materials, in an R-S (Residential Suburban) and R-1 10K
(One-Family Dwelling - 10,000 sq. ft. minimum lot size) zone. On July 10, 2007, the Board of Zoning
Adjustment (BZA) denied the request because the business is operating beyond the limitations of the
property owner's home occupation permit.
Two petitions in support of the proposal were submitted; however, objections have also been tendered based
on air pollution and noise issues, and incompatibility with other neighborhood uses. A number of neighbors
spoke both in favor and in opposition during the hearing. The BZA found that the intensity and nature of the
proposed use is incompatible with the surrounding neighborhood and is inconsistent with the site's residential
land use designation. The applicant filed an appeal. Because the required findings cannot be made to grant
the requested Conditional Use Permit, it is recommended that the appeal be denied.
August 29, 2007 Agenda Highlights
Page 3
~
"
Item 14c. Amendment to the Airoort Land Use Comoatibilitv Plan for the Bakersfield Munieioal Airoort.
Chancinc a Portion of Zone B-2 to Zone C. The amendment would shorten Zone B-2 south of the runway
from 10,000 feet to 7,000 feet. The area removed from Zone B-2 would be designated Zone C which would
allow for residential development.
The Planning Commission recommended disapproving the Negative Declaration and disapproving the
amendment to the City Council on June 7, 2007. Four- Commissioners voted to disapprove the item based
on health and safety factors, while the remaining three believed that the applicant's airport land use
consultant adequately addressed the safety and health concerns. The applicant appealed the decision to
deny the request. Staff recommends approval of the amendment and upholding the appeal as sufficient
justification has been provided to demonstrate that the public's exposure to excessive noise and safety
hazards within areas around public airports are minimized to less than significant.
Item 14d. General Plan Amendment and Zone Chance on 49.52 Acres Located at the Northwest Corner of
East Panama Lane and Cottonwood Road. Jim Marino, Marino/Associates representing the Garone Family
Trust, the property owner, proposes construction of a single-family residential development upon
annexation. The Planning Commission, by a count of 6-1, voted to deny the request on June 21, 2007
based on its proximity to the Farmer John Egg Poultry Farm. The applicant is appealing the decision. Staff
recommends upholding the appeal.
The City Council recently approved the change of land use and zoning for the property north of the project
site which is even closer to the Farm than the location of the current request. Mitigation measures from
both the Odor and Acoustical Studies were adopted to address these issues and the project was adopted.
Staff recommended similar mitigation measures from those same studies for this project to address these
issues.
Item 14e. General Plan Amendment and Zone Chance on Aooroximatelv 20 Acres Generallv Located 600
Feet North of Paladino Dr. and Divided bv the Future Alicnment of Rivani Drive. Steven Boneso, the
property owner, represented by Mcintosh & Associates, proposes a residential development. The Planning
Commission recommended denial of the entire project to the City Council on July 5, 2007. The denial was
based on concerns that the proposed density of the project is not compatible with adjacent uses, and does
not fit the intent of the Metropolitan Bakersfield General Plan regarding land use compatibility. Adjacent
property owners spoke in opposition for the same reason. The applicant is appealing the decision. Staff
recommends denying the appeal.
The representative of the applicant voiced disagreement with a proposed condition of approval that would
impose a fee to the developer intended to supplement funds for major planned transportation
improvements. That opposition constitutes a second reason to deny the appeal.
Item 14'. General Plan Amendment and Zone Chance on 220-Acres Located South of Panama Lane and
East of Nord Avenue. Jim Manley, representing 10 Section LLC, the property owner, proposes construction
of a single-family residential development. The Planning Commission recommended denial on June 21,
2007 based on concerns regarding the health, safety, and welfare of the adjacent water bank, as well as
area wildlife and mosquito issues dealing with disease. Representatives from the Kern Water Bank
Authority and Department of Fish and Game spoke in opposition. The applicant is appealing the decision.
Staff recommends denying the appeal.
Approved: If-r/tLL
AI~n Tlnely, City Mlnlgl' ~
cc: Department Heads
Rhonda Smiley, Assistant to the city Manager
City Manager's File
City Clerk's Office
News Media File
August 29, 2007 Agenda Highlights
Page 4
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: Ll.a..
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAQ.'-. AT
CITY ATTORNEY
CITY MANAGER ,4 Tj a..J-
SUBJECT: Approval of minutes of the July 18, 2007 Regular Council Meeting.
Honorable Mayor and City Council
Pamela McCarthy, City Cle~
August 17, 2007
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: L{ .b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
If- Tj tJL
August 15, 2007
SUBJECT: Approval of department payments from August 3, 2007 to August 16, 2007 in the amount of
$11,190,339.14. and self insurance payments from August 3, 2007 to August 16, 2007 in
the amount of $175,965.31.
RECOMMENDATION:
Staff recommends approval of payments totaling $11,366,304.45.
BACKGROUND:
RAR
August 16, 2007, 12:53PM
S:\Richard\AP\ADMIN-AP .doc
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: L\ (1_
MEETING DATE: August 29,2007
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady. Development Services Director DEPARTMENT HEAD ~
August 9,2007 CITY ATTORNEY
,
CITY MANAGER II- T / tl..l~
I
First reading of an ordinance amending Section 17.06.020 (Zone Map No. 122-22) of
Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-
3/P.U.D. (Multiple-Family Dwelling/Planned Unit Development) to R-1 (One-Family
Dwelling) on 42.40 acres for purposes of single family residential development, located
at the southeast comer of Pensinger Road and Stetson Way in McAllister Ranch
(ZC # 07-0999 - SunCal Companies representing LBREP/L - SunCal McAllister Ranch
LLC) (Ward 5).
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On July 19, 2007, the Planning Commission held an advertised public hearing on this zone change
request, and recommended adoption by the City Council. The zone change request consists of
changing the zoning from R-3/P.U.D. (Multiple-Family Dwelling/Planned Unit Development) to R-1
(One-Family Dwelling) on 42.40 acres for purposes of single family residential development. The
project site is depicted as High Density Residential (HR) on the McAllister Ranch Specific Plan. The
McAllister Ranch Specific Plan considers R-1 zoning to be consistent with the HR land use designation,
and states that single-family residential projects of lesser densities than permitted in the HR designation
shall be allowed. No one spoke in opposition to the project at the Planning Commission hearing.
Vesting Tentative Tract Map 6558, encompassing the project site, was originally approved by the
County of Kern on December 8, 2005 (County Resolution No. 278-05). The conditionally approved
map consists of 156 lots ranging in size from 6,789 square feet to 16,557 square feet, for single-family
residential purposes on existing R-3 PD (High-Density Residential/ Precise Development Combining -
County zoning) zoned property. Condition 6 of Vesting Tentative Tract Map 6558 required the site
zoning be changed to R-1 (Low Density Residential- County zoning) District prior to recordation of the
final map.
August 13, 2007, 9:16AM
KShsa S:\DanaIADMINS\2007\Aug\8-29-0999 1. doc
ADMINISTRATIVE REPORT
On July 19, 2006, the City Council approved Zone Change 06-0321, a pre-zoning action for the entire
McAllister Ranch Master-Planned community. This zone change approved a variety of City zoning
designations throughout McAllister Ranch comparable to previously approved County zoning, and
designated the project site to be zoned R-3/P.U.D. (Multiple-Family Dwelling/Planned Unit
Development).
On December 20,2006, this subdivision as part of the McAllister Ranch Annexation (Annexation # 518)
was annexed to the City of Bakersfield. The site is currently vacant.
An initial study was prepared for the original project of the subject property, and the McAllister Ranch
Specific Plan EIR was certified on November 15, 1993 by the County of Kern Board of Supervisors.
In accordance with Section 15162, 15182, and 15183 of the State CEOA Guidelines, this project
qualifies as a special situation and is exempt from the requirement for the preparation of environmental
documents. A Notice of Exemption has been prepared.
Staff recommends approval of the zone change.
August 13, 2007, 9:17AM
KShea S:\DanaIADMINS\2007\Aug\8-29-0999 1.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1.\ .d
TO:
Honorable Mayor and City Council
APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD t/&-
DATE: July 16, 2007 CITY ATTORNEY tit:-
CITY MANAGER 11-7/ d
SUBJECT: 1. Ordinances amending Bakersfield Municipal Code ("BMC") Section 5.16.030
relating to Cardrooms; BMC Section 5.23.030 relating to Escort Bureaus; BMC Section
12.16.140 relating to Construction Work in Streets and BMC Section 12.56.050 related to
Parks; and
2. Ordinances repealing Bakersfield Municipal Code ("BMC") Section 2.52 relating to
Bakersfield Convention Center; BMC Section 9.32 relating to Advertising Matter and
Samples; and, BMC Section 12.24 relating to Loose Material.
RECOMMENDATION:
Staff recommends adoption of these ordinance revisions.
BACKGROUND:
First reading was at the Council meeting on August 15, 2007. From time to time, City Staff
identifies sections within our Bakersfield Municipal Code that should be revised to clarify language,
remove ambiguity, reflect what is actually being done, and/or to correct typographical errors. Rather than
propose each ordinance revision when discovered, the City Attorney keeps track of the suggested
changes and then gathers them together for presentation to the City Council as part of a general "clean-
up."
1. The first two ordinance amendments involve deleting language regarding the taking of
fingerprints by the Bakersfield Police Department. The Department no longer takes fingerprints.
The third ordinance revision reduces the bond warranty period of 12 years from the recordation of
the notice of completion for work done in city streets to one year. The Public Works Department has
indicated that a one-year warranty period is consistent with all other projects. The fourth revision adds
launching rocket devices and possessing open alcohol containers to the list of acts prohibited in parks.
2. The first item involves repeal of the chapter relating to the Bakersfield Convention Center.
Since the Convention Center is now managed by SMG, all of the language in Chapter 2.52 is obsolete.
The second and third items concern chapters which were supposed to be repealed in 1986. When
the City Council adopted Ordinance No. 3070 N.S. in 1986, the title of that ordinance indicated that
Chapters 9.32 and 12.24 were to be repealed. However, the actual ordinance did not contain any
language repealing the chapters. The subject matter of those Chapters is covered elsewhere in the code,
so these chapters are repetitious.
VG:JS:dll
August 16, 2007, 9:00AM
S:\COUNCILlAdmins\07-08 Admins\Cieanup of Ordinances.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4e7..
August 14, 2007
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ?( ~
CITY ATTORNEY (ld >>14
CITY MANAGER-'T ';/ d
Adoption of an Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Maps 124-08) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from R-S (Residential Suburban) to E (Estate One Family Dwelling)
on 1.83 acres generally located on the west side of Cottonwood Road, south of Casa
Loma Drive. (ZC 06-1909 - Jimmy Crompton, applicant and property owner). 0Nard 1)
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 15, 2007.
The proposal would allow for the development of four single-family residential dwelling units on the 1.83
acre project site.
On July 5,2007, the Planning Commission held an advertised public hearing on this zone change request,
and recommend adoption by the City Council. The zone change request consists of changing the zoning
from an R-S (Residential Suburban) zone to an E (Estate Residential) on 1.83 acres. The reason for the
request is to allow for the development of four single-family residential dwelling units on the 1.83 acre
project site. The General Plan Land Use designation on the subject property is SR (Suburban
Residential). The site is currently occupied by a single family residence and a vehicle dismantling
business on the property fronting Cottonwood Road.
No one present at the hearing was in opposition to the request and the applicant agreed to all conditions
and mitigation for the project. There were no agencies in opposition to the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 16, 2007, in
accordance with CECA.
JS:MG
S:\ZoneChange\yr 2007\06-1909\CC\Admin Report.doc
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: ~..f.
MEETING DATE: August 29, 2007
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
August 14, 2007 CITY ATTORNEY _
CITY MANAGER If r; il .
Adoption of an ordinance approving the Development Agreement for the West Ming Project
on 2,182 acres located on property bounded by Ming Avenue, Southern Pacific Railroad
(Asphalto Branch), Buena Vista Road and West Beltway (GPAlZC/SP # 03-1544 - Castle
and Cooke, Inc.) (Ward 5 or 6 upon annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on August 15, 2007.
In accordance with Government Code Section 65867.5, a development agreement is required to be
approved by ordinance. On August 15, 2007, the City Council approved the West Ming project including
certification of the West Ming EIR, approval of General Plan Amendments, adoption of the West Ming
Specific Plan that includes zoning. The applicant has agreed to all conditions of approval and mitigation
measures.
The 2,184-acre West Ming project is on the edge of new development in southwest Bakersfield. The
proposal would accommodate the development of a new master planned community featuring a balance
of residential, retail, employment, recreation, and public facilities. A mixed-use Village Center is proposed
as the focal point of the new community, linked to residential neighborhoods by a system of multi-purpose
trails and local streets. The proposal consists of up to 7,450 dwelling units, a Town Center with 331,200
square feet of retail and office development, 478,880 square feet of commercial and 1,135,000 square feet
for special uses including light industrial and oil extraction. The proposal features a Town Center as the
retail and recreational focal point, a variety of residential densities, public and private parks, trails and
schools. The West Ming Specific Plan contains Implementation Measures that will guide development of
the master-planned community. A Development Agreement which sets forth the developer's financial
responsibilities in return for the ability to proceed with the project in accordance with the existing policies,
rules, and regulations is proposed.
The Planning Commission conducted a public hearing on this project on December 21, 2006, and on
January 4, 2007, adopted a resolution recommending approval of the West Ming project to the City
Council. The applicant has agreed to all conditions of approval and mitigation measures. The City Council
August 14, 2007, 8:22AM
Jeng /S:\DanaIADMINS\2007\Aug\8-29-1544.doc
ADMINISTRATIVE REPORT
considered this project on February 7 and 28, 2007. However, prior to Council action, the applicant
request the EIR be recirculated to provide adequate public review.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. In accordance with CEQA, an EIR was prepared.
The Planning Commission and staff conducted several hearings on the original EIR and the Recirculated
EIR. The Recirculated Final EIR was recommended for certification by the Planning Commission on June
21, 2007. Copies of the Recirculated Final EIR were provided to the City Council in July 2007 and
additional CDs and hard copies of the Final EIR are available in the City Clerk's Office.
Adoption of a Statement of Overriding Considerations is necessary for the following impacts that can not
be mitigated to a less than significant level: traffic impacts, increased noise levels and loss of agricultural
resources, and would remain significant. Certification of the Final EIR included accompanying mitigation
monitoring and reporting program and the adoption of CEOA findings and a statement of overriding
considerations as required pursuant to State CEOA Guidelines Sections 15091 and 15093.
August 14, 2007, 8:23AM
Jeng /S:\Dana\ADMfNS\2007\Aug\8-29-1544. doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lj. lA .
Iv)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ,;d1n4
August 9, 2007
CITY MANAGER It 7 Ifi' i!
SUBJECT: Resolutions approving applications proposing proceedings for annexation of
uninhabited territory to the City identified as:
1. Annexation No. 525 consisting of 32.54 acres, located at the southeast comer
of Taft Highway and Ashe Road. (Ward 6)
2. Annexation No. 576 consisting of 26.11 acres, located at the southwest comer
of Taft Highway and Ashe Road. (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolutions of application propose proceedings for annexation of uninhabited territory to the
City of Bakersfield are identified as Annexation No. 525 consisting of 32.54 acres of land, located
at the southeast comer of Taft Highway and Ashe Road and Annexation No. 576 consisting of
26.11 acres of land, located at the southwest comer of Taft Highway and Ashe Road.
These annexations are adjacent to the City limits and are within the City's Sphere of Influence
boundary. The property owners have consented to annexation. The proposal is to annex the
land for development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
S:\Annexation\Res of Applic\Admin Draft 525 & 576.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4. h,
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER If 'I d
TO: Honorable Mayor and City Council
August 14,2007
SUBJECT: Assessment District No. 07-1, (Vista View Estates).
1. Resolution Approving Form and Substance of Acquisition and Disclosure Agreement and
Authorizing Changes Thereto and Execution Thereof. (Ward 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On June 20, 2007, Council adopted the Resolution Approving the Boundary Map,
Resolution of Intention 1540 and the Resolution Accepting Petition and Determining to Undertake Special
Assessment Proceedings.
The proposed assessment district is named Vista View Estates and is located east of Gosford Road, south
of Berkshire Road, west of Reliance Drive and north of McCutchen Road and is planned for new
residential development. The applicant Petrini Bakersfield 5 Ventures, LLC plans to sell a portion of the
property to merchant builders who will construct residential units, with acquisition of the improvements
occurring upon completion. The improvements include road construction of McCutchen Road, Gosford
Road and Berkshire Road. Other improvements will be street signs, street lights, survey monuments,
curbs, gutters, sidewalks and storm drains, block walls, grading and paving improvements.
The Resolution Approving the Acquisition and Disclosure Agreement references an agreement between
the City and the property owners for acquisition of public improvements within the boundaries of the
Assessment District No 07-1.
Once the Resolution is adopted, the next step is for the Assessment Engineer to prepare the preliminary
Engineer's Report.
jas
August 15, 2007, 3:38PM
G:\G ROUPOA T\AOMI N RPT\2007\08-29\A007 -1 acqagree.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: 4.;
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD A1~
CITY ATTORNE~
CITY MANAGER If TI IlL
I
Resolutions 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. (Wards 4, 5)
TO:
FROM:
DATE:
Honorable Mayor and City Council
August 16,2007
SUBJECT:
1. Area 1-70 (Calloway, Brimhall SE)
2. Area 1-72 (th Standard, Jewetta SE)
3. Area 3-72 (Gosford, McKee SW)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On August 15,2007 the Council adopted Resolution of Intention No's. 1547,1548 and
1549 to add the above territories 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 parks and/or street landscaping. The areas will be under park and/or streetscape zones
of benefit and will be assigned the appropriate tier levels when parks and/or 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 letters from the owners of the properties described above which
waive 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 owners also
have submitted Proposition 218 ballots indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenant have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps.
Aug 29_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4. ~ .
o
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /~
DATE: August 10, 2007 CITY ATTORNEY ;8?n4
CITY MANAGER fl-T/ ttL
I
SUBJECT: Resolution of Intention No. 1516 to add territory, Area 3-67 (McCutchen, Old River NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6739 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-67 is generally bounded by a line approximately one-half
mile north of McCutchen Road on the north, Old River Road on the east, McCutchen Road on the south
and a line approximately 1,300 feet east of Buena Vista Road on the west. This area will be under the
park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 10, 2007, 3:38PM
MD3-67Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: t.t. K
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
11l-
M
fr,/d
SUBJECT: Resolution of Intention No. 1524 to add territory, Area 1-73 (Rosedale, Froehlich SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel
Map Waiver No. 07-0709 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping. Area 1-73 is generally bounded by Rosedale Highway on the north, a
line approximately 350 feet east of Froehlich Street on the east, a line approximately 520 feet south of
Rosedale Highway on the south and Froehlich Street on the west. This area will be under the streetscape
zone of benefit and will be assigned an appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 15, 2007, 10:29AM
MD1-73Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.\. L
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAD ;!2 -
CITY ATTORNEY tdtnlL
CITYMANAGER f(7/~
SUBJECT: Resolution of Intention No. 1550 to add territory, Area 4-79 (Panorama, Juniper Ridge E)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Directors Report. 0Nard 3).
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 13,2007
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of
Tentative Tract No. 6539 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. Area 4-79 is generally bounded by a line
approximately 2600 feet north of Panorama Drive on the north, a line approximately 970 feet east of
Juniper Ridge Road on the east, a line approximately 1380 feet south of Panorama Drive on the south
and Juniper Ridge Road on the west. This area will be under the park and streetscape zones of benefit
and will be assigned appropriate tier levels when a park has been constructed and street landscaping
has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next
City Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also
has submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
August 13, 2007, 11:58AM
MD4-79Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4.m.
TO:
FROM:
DATE:
Honorable Mayor and City Council
August 13, 2007
APPROVED
DEPARTMENT HEAD /L _
CITY ATTORNEY /JJn.J
CITY MANAGER A T/&."L
I
Resolution of Intention No. 1551 to add territory, Area 4-80 (Bernard, Oswell NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
Raul M. Rojas, Public Works Director
SUBJECT:
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map Waiver No. 07-0268 to be included into the Consolidated Maintenance District as required by
section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a public park and street landscaping. Area 4-80 is generally bounded by a line
approximately 660 feet north of Bernard Street on the north, a line approximately 660 feet west of Oswell
Street on the east, Bernard Street on the south and a line approximately 1320 feet west of Oswell 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
August 13, 2007, 11:32AM
MD4-80Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: 'to n .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
Alj
!'
August 21, 2007
CITY MANAGER
SUBJECT: Agreement with PCL Industrial Services, Inc. to lease land at the Bakersfield Municipal Airport
to expand their operations for $72,000 per year. (Ward 1)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On January 29, 1997 the City of Bakersfield acquired approximately 54 acres of land from Castle & Cooke
to provide a runway protection zone for the northern approach at the Bakersfield Municipal Airport. While
the runway protection zone only impacted a portion of the property the seller requested the City purchase
their entire property.
Recently the City of Bakersfield was approached by a neighboring property owner (PCL) who needed
additional land to expand their operations. PCL Industrial Services, Inc. who is a full service heavy
industrial general contractor. According to their website, "In May 2002, PCL Industrial Services, Inc.
became a member of the PCL family of companies. PCL is one of the largest general contracting
organizations in North America." So City staff in coordination with the FAA negotiated a lease with PCL to
allow them to expand their operations onto a part of the airport that is located outside the northern runway
protection zone. PCL's primary purpose for the property will be for material and equipment storage and
assembly of large tanks. The rent monies will be used for beautification projects and other airport
improvements.
The salient terms of the lease are:
Term: ten (10) years with two (2) five year options to extend
Size: approximately ten acres of unimproved light industrial zoned land.
Rent: $6,000 per month or $72,000 annually with a CPI escalator
Use: for material and equipment storage and assembly of large tanks
August 21,2007, 8:30AM
P:IMyFileslAdmin ReportslPCL lease.doc
DMA/s
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: 't.o.
FROM:
APPROVED
DEPARTMENT HEAD //1
CITY ATTORNEY ~
CITY MANAGER A-f I.Jl
SUBJECT: Agreement with Standard Pacific Corp. to purchase real property located west of Old River
Road, and north of Panama Lane for $133,000 for a water well site. (Ward 5)
Honorable Mayor and City Council
TO:
Nelson K. Smith, Finance Director
DATE:
August 15,2007
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is acquiring a single family lot to construct a domestic water well site. The
purchase price of $133,000 represents the property's fair market value as established by an independent
appraisal prepared by Karpe, Fisher, Merriman, Inc.
A Phase I Environmental Site Assessment has been completed by the Seller. Also, the Planning
Department will be asked to find this acquisition consistent with the Metropolitan Bakersfield 2010 General
Plan.
August 15, 2007, 9:47AM
P:\MyFiles\Admin Reports\Centex.doc
DMAls
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: 1.\-.0.
I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Alan Tandy, City Manager
August 3, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with the Greater Bakersfield Convention and Visitors Bureau
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND: On a periodic basis, we update and alter our contract with the Bakersfield
Convention and Visitors Bureau (CVB). We contract for services with them using Transient Occupancy
Tax funds (Hotel Tax) to bring convention, sporting events, and related attractions to Bakersfield to fill our
hotel rooms.
This past year, we have worked directly with the CVB Executive Committee and Board to identify a series
of changes to the contract that we believe will improve the effectiveness of the use of the dollars allocated,
so they can focus more on attracting events and pay less on overhead and related cost.
The City, of course, has a Human Resources Department, Finance Office, Legal Department, annual audit
and other services for City operations. The CVB has been paying for all these things from private sources,
which only reduces the money available to attract events and activities.
In addition, the CVB Board has been drawn into day to day operations more and more, with repeated staff
vacancies, rather than focusing on pOlicy issues and identification of priorities for recruiting events. The
board members are unpaid volunteers whose role should be on the large scale goals and return on
investments for sponsored events, rather than on day to day operations. The closest model in the City
structure would be the Redevelopment Agency, where the City staffs the function and the Board sets
policy and does long term goals, subject to Council approvals. This contract amendment follows that
model by having the City oversee the day to day operation, while the board attends to the broader
priorities and issues.
Other contract conditions include:
. The board has agreed to payoff the building mortgage.
. The building will be in joint tenancy between the City and CVB.
. Future budgets will be based on normal City budgeting practices, rather than the past fixed 11 %
of Transit Occupancy Tax allocation.
. The term would be for ten years with two five year renewal options.
. Current CVB employees will be given the opportunity to hire on with the City, subject to Civil
Service and related processes.
Thanks are due to the CVB Board of Directors for cooperating in a program that we believe will improve
the efficiency and effectiveness of the dollars invested.
August 20,2007, 10:03AM
AT:mm:al
S:\Admin Rpts\2007\CVB Agreement 082907.dot
ADMINISlRA liVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: L\.4.
U
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD~
August 17, 2007 CITY ATTORNEY~
CITY MANAGER If 7/ d
TO:
FROM:
DATE:
SUBJECT:
Housing Element Update for General Plan Amendment No. 07-1519 (Housing Element
Update) located citywide. (All Wards).
1. Agreement with Northcutt & Associates ($78,500) to prepare the Housing
Element of the Metropolitan Bakersfield General Plan.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Department of Housing and Community Development (HCD) requires the City's Housing Element
to be up-dated every five years. The HCD deadline for the 2008 - 2013 Housing Element is June 30,
2008.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of the Housing Element for GenerCiI
Plan Amendment No. 07-1519 by Northcutt & Associates.
CG: S:\Housing Element\2008 UpdatelAdmin Reporldoc
ADMINISTRATIVE REPORT
MEETING DATE:
August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM NO: L.\-. y-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
August 10, 2007
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ;1-1/ ti.L
SUBJECT: Metropolitan Bakersfield General Plan Update. (All Wards)
1. Agreement with Pacific Municipal Consultants (PMC), a California Corporation ($698,974)
to prepare the update to the Metropolitan Bakersfield General Plan.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
On April 9, 2007, the City of Bakersfield and Kern County Planning Commissions held a joint meeting to officially
kickoff the update to the Metropolitan Bakersfield General Plan. The goals of this update included:
. Clearly communicate the extent of urbanization projected within the City/County metropolitan boundary.
. Address issues of special interest including agriculture land conversion, air quality, patterns of
development, traffic and circulation. This would likely result in new mitigation programs and development
policies and ordinances.
. Update base data assumptions based on projected build out of the designated urban territory within the
General Plan.
During the month of May 2007, the City and County Planning Departments working in partnership with Greater
Bakersfield Vision 2020 and the Kern Council of Governments Blueprint Program held four publiC workshops
throughout the metropolitan area so that residents could provide comments regarding the update and future
growth in the metropolitan area. Staff subsequently completed interviews and selection of the consultant to
prepare the update, including finalization of the scope of work and cost.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of the update to the Metropolitan Bakersfield
General Plan by PMC. The $698,974 cost will be split between the city and county (50/50).
AUQUSt 10, 2007, 9:19AM
JGE: S:\DIJnaIADMINSI2OO7lAuglB-29-General Plan Update (sgraernent).doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGEN9~ SECTION: Consent Calendar
ITEM: ., .S.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
N?
;8;rtJ
IrrjaL
August 15,2007
SUBJECT: Amendment No. 1 to Agreement No. 06-325 with United Pacific Services ($200,000.00,
revised not to exceed $450,000.00 and extending the term for one (1) year) for the annual
contract for tree trimming for the Recreation and Parks Department. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On October 25, 2006, Council awarded the Annual Contract for Tree Trimming for the
Recreation and Parks Department, in the amount of $250,000.00. The Agreement includes provisions for
extension for four additional one-year terms and price escalation based on the Consumer Price Index.
City staff and United Pacific Services agree to an extension of Agreement with a 2.7% price escalation
based on the Consumer Price Index. Extending the Agreement allows the City to continue working with a
good provider and saves staff time and efforts required if this item were to be re-bid. Sufficient funds are
budgeted to cover this contract amendment.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-325, United Pacific Services, AC for Tree Trimming, August 29, 2007.doc
August 15, 2007, 8:27AM
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
Consent Calendar
TO: Honorable Mayor and City Council
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER It- T/ d
SUBJECT: Amendment No. 1 to Agreement No. 07-037 with KSA Partners, a California limited
partnership for HOME Investment Partnership (HOME) funds (not to exceed $850,000) to
develop 72 affordable family apartments at 1601 Lotus Lane. (Ward 1)
FROM:
DATE:
Donna L. Kunz, Economic Development Director
August 16,2007
RECOMMENDATION:
Staff recommends approval of Amendment No. 1 to the agreement and authorization for the City Manager
or his designee to execute all necessary subordinations and documents.
BACKGROUND:
Last February an agreement with KSA Partners, a California limited partnership, was approved by Council
for HOME funds (not to exceed $850,000) to develop 72 affordable family apartments at 1601 Lotus Lane
with a minimum twenty year affordability. The project is called King's Square Family Apartments and is
now under construction with an anticipated completion date by early next year. The King's Square Family
Apartments will have eleven HOME assisted units. KSA Partners is now requesting an amendment to the
agreement at the behalf of their investor limited partner.
The total project cost is about $13,500,000 and low income housing tax credits (L1HTC) are expected to
partially finance the project which will require a fifty-five year minimum affordability period. As part of the
overall financing, KSA Partners will also be receiving construction financing from Washington Mutual Bank
(WMB) that will convert to permanent financing upon completion, with WMB's security interest in a first
position and the City's security interest in a second position.
In connection with the federal tax credit financing, the developer's investor limited partner, Wachovia
Affordable Housing Community Development Corporation (WAHCD), has initially agreed to make an
equity investment in the KSA Partners housing development for the purchase of low-income housing tax
credits granted for the project. However, in order for WAHCD to remain involved in the project, and as a
condition of its equity investment, they are requesting that Agreement No. 07-037 be amended.
The amendment reflects about six substantive changes (non financial) to the original agreement dealing
with rights for curing of default, transferring of interest, removal of KSA general partners, amending the
KSA partnership agreement, obligating condemnation proceeds from the project, and effects of
foreclosure pursuant to a senior deed of trust on restrictions.
The proposed changes have been reviewed by legal counsel and staff, and are acceptable for approval.
However, as a note of clarification, one particular section of the amendment (Section 9) dealing with the
S:\Admins\City Council\City Council Admins 2007\KSA Affordable Hsng Admin_No1_amend.doc
8/16/2007 1 :09 PM
ADMINISTRATIVE REPORT
Page 2
effects of foreclosure and termination of city covenants (under the proposed amendment the City must
approve in its reasonable discretion) has historically not been part of the City's normal practice since
HOME funded project agreements require a recorded Declaration of Restrictions enforcing long term
housing affordability issues for low income tenants. In the remote event of any potential foreclosure
looming and possible subsequent transfer of title, or KSA Partner's interest, W AHCD, as the limited
investor, would most likely act to cure any defaults and remove and replace the general partner with an
affiliate in order to continue to restrict the units (Le., maintain rent restrictions), and avert any recapture of
credits by the IRS or loss of value from their investment.
S:\Admins\City Council\City Council Admins 2007\KSA Affordable Hsng Admin_No1_amend.doc
8/16/200712:35 PM
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: t.{. u. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
fJrrU
#7/ d
August 15,2007
SUBJECT: Amendment NO.1 to Agreement No. 06-324 with RM Industries ($80,000.00, revised not to
exceed $160,000.00 and extending the term for one (1) year) for the annual contract for
janitorial and hardscape maintenance for the Amtrak Station. (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On October 25, 2006, Council awarded the Annual Contract for Janitorial and
Hardscape Maintenance for the Amtrak Station to RM Industries, Bakersfield, CA, in the amount of
$80,000.00. The Agreement includes provisions for extension for four additional one-year terms and price
escalation based on the Consumer Price Index. City staff and RM Industries agree to an extension of
Agreement with a 2.7% price escalation based on the Consumer Price Index. Extending the Agreement
allows the City to continue working with a good provider and saves staff time and efforts required if this
item were to be re-bid. Sufficient funds are budgeted to cover this contract amendment.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-324, RM Industries, AC Janitorial and Hardscape Maintenance for the Amtrak
Station, August 29, 2007.doc
August 15, 2007, 8:25AM
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: L\. v.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~-
,
fF1/ d
August 16, 2007
SUBJECT: Approve Amendment NO.2 to Agreement 06-053 with Parsons Transportation Group Inc,
for Construction Management Services for the freeway interchange construction on State
Route 178 at Fairfax Road ($2,981,767).
RECOMMENDATION: Staff recommends award of amendment to agreement.
BACKGROUND: The work to be performed consists, in general, of Construction Management
Services for the freeway interchange on State Route 178 (SR-178) at Fairfax Road. The project includes
the extension of the freeway from 0.19 miles west of Morning Drive to approximately 0.12 miles east of
Oswell Street Overcrossing.
Security Paving Company, Inc. was awarded the construction contract for the SR-178 and Fairfax Road
Interchange Project on August 15, 2007. It is anticipated that construction will begin late September 2007
for a duration of approximately 20 months. Because there is no available staff to perform freeway and
interchange construction management, an outside consultant would need to be hired for Construction
Management Services.
Parsons Transportation Group (Parsons) is currently under contract to perform Program Management
(PM) Services for the Thomas Road Improvement Program (TRIP). As part of Parsons existing PM
contract, Construction Management was defined as an optional task. Parsons took on a key role during
the constructability review and bidding of the SR-178 and Fairfax Road Interchange Project. In addition,
Parsons Transportation Group has been providing oversight construction management services on
various Capital Improvement Projects for the Public Works Department. Staff has been very pleased and
impressed with their work and involvement in all the above mentioned areas. Based on this, and the fact
that the cost proposal is well within industry standards for similar types of projects, the City recommends
Parsons Transportation Group to be selected to perform Construction Management services for this
project.
August 16, 2007, 1 :21 PM
G:\GROUPDAT\ADMINRPT\2007\08-29\Parsons Amendment 2 - Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: L..\. W .
CITY MANAGER
ACOVED
j/(
';flmA
It- Tj telL
TO:
Honorable Mayor and City Council
FROM:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
August 14, 2007
CITY ATTORNEY
SUBJECT: Contract Change Order Nos. 4,5,6,7, & 8 to Agreement No. 06-303 with Griffith Company
($122,785.32 increase, for a revised not to exceed amount of $7,916,336.27) for Brundage
Lane Sewer Replacement (Ward 1).
RECOMMENDATION: Staff recommends approval of Contract Change Orders.
BACKGROUND: This project provides for replacement of a sewer line on Brundage Lane and on ilL"
Street.
Change Order NO.4 provides for production loss due to relocation of a gas line. This gas line was much
closer to the construction of the sewer line than originally anticipated. As such, this gas line needed to be
relocated. While the contractor is still able to work, this relocation has affected the normal pipe laying
production rate. The contractor also assisted PG&E in this relocation effort so that it could be done in a
timely manner. The contractor has agreed to accept a lump sum of $16,444.01 as full compensation for
these items.
Change Order NO.5 provides for revising the method of sewer pipe installation at the railroad tracks south
of Dr. Martin Luther King Jr. Blvd. Utility marking, done before construction as a part of Underground
Service Alert revealed the presence of a previously undetected fiber optic cable at the railroad tracks.
Through extensive efforts by the contractor, it was discovered that this fiber optic cable conflicted with the
planned boring operation at this location. As such, the pipe must be relocated and installed in an open
trench. This will require the railroad to shut down their track over a weekend and the contractor working
24 hours a day during this time frame in order to install the pipe and keep the railroad functional. The
contractor has agreed to accept a lump sum of $59,146.95 for this work.
Change Order NO.6 provides for connection of twenty (20) sewer laterals to the new main line. These
previously undetected sewer laterals were discovered in various locations on ilL" Street during the
construction of the sewer main. Since these are active sewer laterals, they must be connected to the new
main line. The contractor has agreed to accept a lump sum of $9,140.63 for this work.
Change Order NO.7 provides for production loss due to the relocation of a water line. During construction,
a water line was found to be in conflict with the new sewer main. This water main needed to be relocated
in order for sewer construction operations to continue. The contractor assisted the utility company in the
relocation of this water line so that it could be done on the same day that it was discovered. The
contractor has agreed to accept $6,905.37 for this item.
G:\GROUPDATIADMINRPT\2007\08-29\CCO 4-8 Brundage Sewer Project.doc
SP
ADMINISTRATIVE REPORT
Change Order No. 8 provided for removal of a previously undiscovered concrete vault. This concrete
vault, which is a part of the sewer system being replaced, is in poor condition due to corrosion caused by
sewer gasses. This vault will need to be removed and the sewer pipe configuration modified in this area in
order to maintain the same capacity of the sewer system. These modifications will include the addition of
two sewer manholes. The contractor has agreed to do this work for the lump sum price of $31,148.36.
The net cost increase of Change Order numbers 4 through 8 is $122,785.32. This provides a total cost
increase of $155,425.27 (which is an increase of 2.00% of the original contract amount) as illustrated
below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$7,760,911.00
$7,916,336.27
$ 155,425.27
.
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDATlADMINRPT\2007\08-29\CCO 4-8 Brundage Sewer Project.doc
SP
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: '-\.')(.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER 11-1/ ~
SUBJECT: Accept bid and award contract to Floyd Johnston Construction Company Inc., ($1,361,050)
to construct Northeast Trunk Sewer-Phase 2: Redbank Road Extension (along Redbank
Road from Oswell to approximately 1,400 feet west of Fairfax Road) (Wards 1 and 3).
FROM:
DATE:
Raul M. Rojas, Public Works Director
TO: Honorable Mayor and City Council
August 9,2007
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
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 essentially complete.
This second phase, which is the subject of tonight's Council action, runs from the Oswell Street / Redbank
Road intersection going east along Redbank Road to Fairfax Road; a portion of which will be constructed
by the Kern High School District in front of the new Mira Monte High School.
The final phase of this trunk sewer is planned to continue east on Redbank Road, from Fairfax Road to
South Vineland Road and then north along South Vineland Road to Brundage Lane. That section of the
line should be advertised for bids sometime in September 2007, with bid opening and Council award to
follow thereafter.
Funding for the project is from Sewer Enterprise Fund. The Engineer's Estimate for the Redbank Road
Extension-Phase 2 was $2,397,980.
Nine acceptable bids were received on August 7,2007 as follows:
Floyd Johnson Construction
2301 Heardon
Clovis, CA 93611 (Out of Town)
in amount of
$1,361,050.00
Don Kelly Construction, Inc.
6861 N. Oracle Rd.
Tucson, AZ 85704 (Out of Town)
Griffith Co.
1898 South Union Avenue
Bakersfield, CA 93307 (City)
in amount of
$1,484,957.00
in amount of
$1,581,025.00
August 10, 2007, 1:34PM
G:\GROUPDAT\ADMINRPT\2007\08-29\NE Trunk Sewer Phase 2 Redbank Extension.doc
Project #E5K1 00-Phase2:Redbank Extension
ADMINISTRATIVE REPORT
Nicholas Construction, Inc.
1975 Airport Drive
Bakersfield, CA 93308 (County) in amount of $1,789,888.00
W.M. Lyles Co.
1210 W. Olive Avenue
Fresno, CA 93728 (Out of Town) in amount of $1,857,963.50
Teichert Construction
13281 Golden State Blvd.
Kingsburg, CA 93631 (Out of Town) in amount of $1,869,261.00
HPS Mechanical
3100 E. Belle Terrace
Bakersfield, CA 93307 (City) in amount of $1,983,285.00
Specialty Construction, Inc.
645 Clarion Court
San Luis Obispo, CA 93401 (Out of Town) in amount of $2,106,908.00
Blois Construction, Inc.
3201 Sturgis Road
Oxnard, CA 93030 (Out of Town) in amount of $2,799,044.00
reb
August 10, 2007, 1:34PM
G:\GROUPDAT\ADMINRPT\2007\08-29\NE Trunk Sewer Phase 2 Redbank Extension.doc
Project #E5K1 OQ-Phase2:Redbank Extension
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: L-\.".
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
tJ?
/21114
A-1aL
August 15, 2007
SUBJECT: Accept bid from Bakersfield Truck Center in the amount of $95,087.12 for one additional
three-axle dump truck for the Street Maintenance Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to eighty-eight (88) suppliers for providing one (1) additional
three-axle dump truck 56,000 GVW to be used by the Street Maintenance Division.
Four (4) acceptable bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$95,087.12
Bakersfield Truck Center
Bakersfield, California
Gibbs International, Inc.
Bakersfield, California
$95,999.68
Trans-West Truck Center
Fontana, California
$113,819.69
Rush Truck Centers of California
Sylmar, California
$116,140.29
Staff finds the low bid to be acceptable and recommends award of the bid to Bakersfield Truck Center,
Bakersfield, California.
Purchasing Division
Kb
S:\PURCH\ADMIN\Three-axle dump truck 56,000 GVW, 07-08-04.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~.7-.
APPROVED
DEPARTMENT HEAD #7
CITY ATTORNEY 0rrlA
CITY MANAGER 1t1j ~
SUBJECT: Accept bid from Gibbs International, Inc. in the amount of $115,514.60 for one (1)
additional knuckle-boom trash loader truck for the Water Resources Department.
(Citywide)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
August 15, 2007
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to eighty-eight (88) suppliers for providing one (1) knuckle-
boom trash loader truck to be used by the Water Resources Department.
Three (3) acceptable bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$115,514.60
Gibbs International, Inc.
Bakersfield, California
Bakersfield Truck Center
Bakersfield, California
$119,954.61
Trans West Truck Center
Fontana, California
$129,843.34
Staff finds the low bid to be acceptable and recommends award of the bid to Gibbs International, Inc.,
Bakersfield, California.
Purchasing Division
Kb
S:\PURCH\ADMIN\Knuckle-boom trash loader truck, 07 -08-02.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
Mrz4-
It Tj d.-
August 15, 2007
SUBJECT: Accept bid from Gibbs International, Inc. in the amount of $78,615.52 for one (1)
replacement two-axle 7 cubic yard dump truck for the Water Resources Department.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to one hundred twenty-eight (128) suppliers for providing
one (1) two-axle 7 cubic yard dump truck 33,000 GVW to be used by the Water Resources Department.
Three (3) acceptable bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$78,615.52
Gibbs International, Inc.
Bakersfield, California
Bakersfield Truck Center
Bakersfield, California
$84,847.40
Trans West Truck Center
Fontana, California
$98,425.53
Staff finds the low bid to be acceptable and recommends award of the bid to Gibbs International, Inc.,
Bakersfield, California.
Purchasing Division
Kb
S:\PURCH\ADMIN\Two-axle 7 CY dump truck 33,000 GVW, 07-08-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: L\. t>b .
TO:
Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD J'V?
DATE: August 15, 2007 CITY ATTORNEY i2tn4--
CITY MANAGER It T/ a.L
I
SUBJECT: Accept bid from Bakersfield Truck Center in the amount of $142,207.41 for one (1)
additional four-axle roll-off bin refuse truck for the Solid Waste Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to one hundred sixty (160) suppliers for providing one (1)
additional four-axle roll-off bin refuse truck for the Solid Waste Division.
Three (3) acceptable bids were received in response to solicitation and are as follows.
Bakersfield Truck Center
Bakersfield, California
AMOUNT
$142,207.41
BIDDER
Gibbs International, Inc.
Bakersfield, California
$143,247.40
Rush Peterbilt
Sylmar, California
$156,383.99
Staff finds the low bid to be acceptable and recommends award of the bid to Bakersfield Truck Center,
Bakersfield, California.
Purchasing Division
Kb
S:\PURCHIADMIN\Four-axle roll-off bin refuse truck. 07-08-01.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: tf. c.c- .
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD #'7
CITY ATTORNEY .fC?1)1,f
CITY MANAGER .41/ d
SUBJECT: Accept bid from Gibbs International, Inc. in the amount of $436,316.30 for three (3)
replacement self-contained patch trucks for the Street Maintenance Division. (Citywide)
FROM:
Nelson K. Smith, Finance Director
DATE:
August 15, 2007
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to eighty-eight (88) suppliers for providing three (3)
replacement self-contained patch trucks to be used by the Street Maintenance Division.
Two (2) acceptable bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$436,316.30
Gibbs International, Inc.
Bakersfield, California
Bakersfield Truck Center
Bakersfield, California
$443,982.15
Staff finds the low bid to be acceptable and recommends award of the bid to Gibbs International, Inc.,
Bakersfield, California.
Purchasing Division
Kb
S:\PURCH\ADMIN\Self-contained patch trucks, 07 -08-03.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: l\. dd
TO:
Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ./f/?
DATE: August 15, 2007 CITY ATTORNEY i21rkI
CITY MANAGER frT/aL
I
SUBJECT: Accept bid from Bakersfield Truck Center in the amount of $119,029.61 for one
replacement three-axle dump truck with demolition body for the Recreation and Parks
Department. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to eighty-eight (88) suppliers for providing one (1)
replacement three-axle dump truck with demolition body to be used by the Recreation and Parks
Department.
Four (4) acceptable bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$119,029.61
Bakersfield Truck Center
Bakersfield, California
Gibbs International, Inc.
Bakersfield, California
Trans-West Truck Center
Fontana, California
$122,214.80
$131,381.87
Rush Truck Centers of California
Sylmar, California
$147,871.28
Staff finds the low bid to be acceptable and recommends award of the bid to Bakersfield Truck Center,
Bakersfield, California.
Purchasing Division
Kb
S:\PURCHIADMIN\Three-axle dump truck with demo body, 07-0B-05.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: t.t. e.t. .
DATE:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER /tr/ a 1Z.
I
Amendment to the FY05/06 Action Plan to add a $3.750 million Section 108 loan and a
$750,000 Brownfield Economic Development grant for the acquisition of real property,
economic development, job creation and relocation activities for the Mill Creek South
mixed-use project. (Ward 2)
Donna L. Kunz, Economic Development Director
TO:
FROM:
Honorable Mayor and City Council
August 22, 2007
SUBJECT:
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
The City of Bakersfield received notification from HUD approving a $3.75 million Section 108 loan and
$250,000 Brownsfield Economic Development Grant for the Millcreek South Mixed Use Project on
September 20, 2006. Upon notification of approval from HUD, staff was required to conduct a requisite
HUD amendment that is needed to obtain the release of funds for the acquisition of property, economic
development, job creation and relocation activities associated with the project. Upon reviewing our
records, staff discovered this requirement was inadvertently overlooked at the time the project received
the funding award. Staff must still comply with the HUD amendment requirements and this amendment as
proposed, will comply with the HUD requirements and correctly amend the action plan for the year that the
project was awarded in 2006. The Mill Creek South project site is bounded by Burlington Northern &
Santa Fe railroad tracks on the north, "a" Street on the west, California Avenue on the south, and "S"
Street on the east.
A notice was published on July 25, 2007 requesting comments for a 30 day period and to date no
comments have been received. On August 30, 2007 the City will be submitting the amendment to the
Federal Department of Housing and Urban Development notifying them of the adopted changes.
S:\Admins\City Council\City Council Admins 2007\Amend add mill creek south project.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Consent Calendar
ITEM: 4.~.
TO:
FROM:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
IrL
;?;rz4
1tT/~
Raul Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
July 11, 2007
CITY ATTORNEY
SUBJECT: Quitclaim Deed to David R. Wilson, Trustee of the Wilson Revocable Trust, and
Wilson/Brimhall, LLC, for Drainage and Flowage Easement in Parcels 1 and 6 of Parcel
Map No. 11476, located at the northwest corner of Calloway Drive and Brimhall Road for
incorporation into their development (Ward 4).
RECOMMENDATION: Staff recommends approval of quitclaim deed.
BACKGROUND: Parcel Map No. 11476 is located at the northwest corner of Brimhall Road and Calloway
Drive. The commercial complex was originally designed with a private on-site sump in the northwest
corner of the property. A Drainage and Flowage Easement was recorded since it does take public water
from Brimhall Road. The private sump was immediately adjacent to an existing County basin for the
residential tract at Harvey Court. After the easement was recorded and the sump was constructed, it was
agreed by the County & City to merge the County basin and the private sump with the commercial
development then taking responsibility for the maintenance. The modified sump dimensions allowed
additional room for parking in the commercial center. It was agreed by the City, upon the existing Drainage
& Flowage Easement, which would now partially include a parking lot, would be quitclaimed with a new
document, representing the dimensions of the modified sump, recorded simultaneously. In accordance
with that agreement, both documents were prepared and submitted to the City for recordation. Public
Works had reviewed their request and has determined that a drainage and flowage easement is not
needed where they would not be able to drain and should be formally quitclaimed.
G:\GROUPDAT\ADMINRPT\2007\08.29\Quitclaim Deed PM 11476 Parcel 1 and 6.doc
Mb
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: L.\.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD ......-u..$
DATE: August 17, 2007 CITY ATTORNEv/i,(l-? 1~ t!i~71. S
CITY MANAGER f1-7JtJ.L
SUBJECT: Grant of easement to the California Water Service Company for a pipeline to 825 East
White Lane. (Ward 1)
RECOMMENDATION: Staff recommends approval of grant of easement.
BACKGROUND: In September of 1993, the City of Bakersfield acquired approximately 8.5 acres of
property from Donald and Alice Brindle for the Bakersfield Municipal Airport's Southern Clear Zone. The
property is unimproved and is being maintained by the adjoining property owner, Alan Chavez, under
Agreement No. PW07-051. Previously, the Mr. Chavez accessed his property along the Kern Island
Canal right of way. In consideration for allowing Mr. Chavez to cross the City's property to access his he
agreed to maintain the Southern Clear Zone thereby relieving the City of the cost to do so. Now Mr.
Chavez is developing his property and desires to extend water service south from White Lane. To
accomplish this California Water Service Company is requiring him to obtain an easement across the
City's property for their pipeline. Since the easement is within the access road this should not adversely
impact the City property.
August 17,2007, 11:10AM
P:\MyFiles\Admin Reports\Cal Water2 ease.doc
DMAls
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Hearings
ITEM: 6.4..
SUBJECT:
Honorable Mayor and City Council APPROVED
Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~
August 8,2007 CITY ATTORNEY ~
CITY MANAGER !t-rj d
Resolution approving the issuance of bonds by the California Statewide Communities
Development Authority to benefit Bakersfield Pacific Associates for the acquisition and
construction of an 80-unit multi-family housing project located at 1629 Lotus Lane. (Ward
1) .
TO:
FROM:
DATE:
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
The City has received a request from the California Statewide Communities Development Authority (the
"Authority") to join its Amended and Restated Joint Exercise of Powers Agreement and conduct a public
hearing as required by the Internal Revenue Code in order to issue tax-exempt revenue bonds (the
"Bonds") in an aggregate amount not to exceed $36 million on behalf of the Central Valley Coalition for
Affordable Housing (the "Developer"). The Developer will use the proceeds of the Bonds for the
acquisition and construction of an 80-unit multifamily housing project located in the City of Bakersfield (the
"Projecf'). The Project will be on 6.55 acres with a pool, fitness center, and community amenities such as
a recreation room, computer-learning center and barbeque area.
The Bonds would be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and,
as such, require the approval of the elected body of the governmental entity having jurisdiction over the
area where the project to be financed is located. The City will not be under any obliaation to reoav the
Bond indebtedness.
In order for the Authority to issue such Bonds, the City must (1) conduct a public hearing allowing
members of the public to comment on the proposed Project, and (2) approve of the Authority's issuance of
Bonds on behalf of the proposed financing. Although the Authority (not the City) will be the issuer of the
tax-exempt revenue bonds for the Project, the financing cannot proceed without the City becoming a
member of the Authority and, as the governmental entity having jurisdiction over the site, approving of the
Authority's issuance of indebtedness.
S:\Admins\City Council\City Council Admins 2007\TEFRA Bksfd Family Apts.doc
8/8/2007 3:26 PM
ADMINISTRATIVE REPORT
Page 2
The Authority is a California joint exercise of powers authority, organized and existing under the laws of
the State of California (specifically, California Government Code Section 6500 and following), and is
sponsored by the League of California Cities and the California State Association of Counties. Under the
California Government Code, cities and counties are authorized to form by agreement a governmental
entity that combines the powers of such entities to perform certain governmental functions specifically
outlined in the Agreement. With respect to the Authority, over 480 California cities, counties and special
districts have entered into and executed the Agreement to become a member of the Authority. The
Authority is authorized to assist in the financing of multifamily housing projects.
There is no direct or indirect financial impact to the City of Bakersfield as a result of this proposed
financing. The Authority will issue tax-exempt revenue bonds on behalf of the Project. The tax-exempt
revenue bonds are payable solely out of the revenues derived by the Developer from the applicable
Project. No financial obligations are placed on the City for project financing costs or debt repayment.
S:\Admins\City Council\City Council Admins 2007\TEFRA Bksfd Family Apts.doc
8/8/20073:26 PM
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Hearings
ITEM: S. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEA~
CITY ATTORNEY _
CITY MANAGER If T/ cd..-
I
August 10, 2007
SUBJECT: General Plan Amendment 07-0021 (Ward 1)
Cottonwood Villas, LLC, representing Cottonwood Land Holdings, LLC, the property
owner, has applied for a general plan amendment on approximately 40.26 acres
located on the north side of East White Lane and the west side of Washington Street,
south of East Planz Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density
Residential) to LMR (Low Medium Density Residential) on 40.26 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment.
BACKGROUND:
A General Plan AmendmentlZone Change (no. 05-0417) was originally approved for this project in
November 2005. The General Plan Amendment changed the project site land use designation from
LI (Light Industrial) to LR (Low Density Residential) on 2 acres, from HI (Heavy Industrial) to LR on 33
acres and from P (Public Facilities) to LR on 5 acres. The concurrent zone change approved the
change from M-1 (Light Manufacturing) to R-1 (One Family Dwelling) on 2 acres and from M-3
(Heavy Industrial) to R-1 on 38 acres for up to 240 single family residential units. A Vesting Tentative
Tract Map (No. 6871) was approved, with 222 buildable lots, for the project site on December 7,
2006, which required the land use to change from LR to LMR. A concurrent zone change was
approved to change from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 40.6
acres. The VTM reflects a net acreage of 25.079 acres, which placed the project over the allowable
dwelling units per net acre for its current LR land use designation. VTM No. 6871 has a density of
8.85 dwelling units per net acre. The maximum allowed in the existing LR designation is 7.26
dwelling units per net acre.
The Planning Commission conducted a public hearing on this general plan amendment on July 5,
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.
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 May 2,
2007, in accordance with CEQA. Air quality and cultural resource studies were completed on the
project. Conditions of approval and mitigation measures which address air quality, cultural resources,
airport hazards and noise, wastewater treatment plant interface, transportation fees, traffic, public and
development improvements are recommended as part of the project approval.
CG-5:\GPA 2nd 2007\07-{J021\Staff Reports\Admln Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Hearings
ITEM: 6. c--.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD 9(.J-
August 10, 2007 CITY ATTORNEY i1n4
CITY MANAGER fr T/ d_
I
SUBJECT: General Plan AmendmentlZone Change 06-2246 (Ward 3)
San Joaquin Engineering, Inc., representing Dorothy Lorraine Talbert, Suzanne
Powell, Steve Alan Talbert, Elias N. Afana Revocable Trust, John D. Afana, Terry and
Kathy Talbert Family Trust, Nicole Afana & Janet Gail Afana Revocable Trust, The
Afana Family Trust, Marilyn G. Afana, and Jerrilyn S. Frazee, the property owners,
has applied for a general plan amendment and zone change on approximately 12.1
acres located adjacent to Rivani Drive, generally east of Morning Drive and north of
State Route 178.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density
Residential) to HR (High Density Residential) on 12.1 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 102-06 from R-1 (One
Family Dwelling) to R-3/PUD (Multiple Family Dwelling/Planned Unit
Development) on 12.1 acres.
RECOMMENDATION:
Staff-Tecommends 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 302 multi-family dwellings at 25 units
per acre, with residential structures up to three floors. There will be 615 parking spaces including 302
garages and 313 open spaces. The project is part of a larger development plan on the same
assessor parcel, with single family housing as well as park and community facilities.
Traffic, biological, air quality and cultural resource studies were completed on the project. Conditions
of approval and mitigation measures which address air quality, biological resources, cultural
resources, hazardous materials, transportation fees, and traffic, publiC and development
improvements are recommended as part of the project approval.
ADMINISTRATIVE REPORT
Page 2
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on June 21, 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.
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 April 24,
2007, in accordance with CEQA.
CG-S:\GPA 2nd 2007\06-2246\Staff Reports\Admln Reportdoc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Hearings
ITEM: 4.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
SUBJECT:
Mcintosh and Associates, representing Douglas DeBerti and Sandye Deberti, the property
owners, has applied for a general plan amendment and zone change on 60 acres, located
on the east side of Edison Road (future), 1/2-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 and
amendment to Zoning Map No. 104-28 from A (Agriculture) to R-1 (One Family
Dwelling) on 60 acres.
RECOMMENDATION:
In accordance with a request from the applicant (see attached August 6, 2007 letter), staff recommends a
continuance of this item to the next general plan cycle.
BACKGROUND:
The City Council publiC hearing for this item was initially scheduled for May 9, 2007; in accordance with
the applicant's request, the Council continued the item to this general plan cycle. The applicant has filed
another request to the next general plan cycle.
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 unanimously 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 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
ADMINISTRATIVE REPORT
Page 2
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
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 GPAlZC
06-0494 on the grounds of proposing premature and incontiguous residential development. She stated
that the proposed Watennark 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 De Berti 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 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, and lacks infrastructure.
Commission commented on the annexation of the project site and that the Sphere of Influence only offers
ADMINISTRATIVE REPORT
Page 3
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.
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 2nd 2007\06-0494\Staff Reports\Admin Report 08-29-07 (Continuance).doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Hearings
ITEM: 5. e..-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Jf[
V I8JM
Irr/ ~
I
July 5, 2007
SUBJECT: Resolution ordering the vacation of a 25-Foot Wide Sewer Pipeline Easement at the
northeast corner of Stockdale Highway and Buena Vista Road (Ward 4)
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, Castle and Cook, is developing the area as a commercial center with shops. In order
to do this, they want the old sewer easement to be vacated. The sewer pipeline was relocated in 1997.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from said owners as of the date of
this report.
The proposed vacation was approved by the Planning Department on April 4, 2007 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1544 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of July 18, 2007.
Notice of this public hearing has been duly advertised and posted as required by law.
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Hearings
ITEM: '3 .f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
AP~OVED
t!1
MtU
<<1 ~
August 21,2007
SUBJECT: Public Hearing to consider Resolution ordering the vacation of a 15-Foot Wide Public Utility
Easement located north of Stockdale Highway and east of Buena Vista Road (Ward 4)
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, Castle and Cook, is developing the area as a commercial center with shops. In order
to do this, they want the old sewer easement to be vacated. The Public Utility Easement is not in use.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from said owners as of the date of
this report.
The proposed vacation was approved by the Planning Department on June 11, 2007 per local ordinance
and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CECA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
Resolution of Intention No. 1545 declaring intention to order said proposed street vacation was adopted by
City Council at the regular meeting of July 18, 2007.
Notice of this publiC hearing has been duly advertised and posted as required by law.
G:\GROUPDAl\ADMINRPT\2007\08-29\1545 Admin-Hearing Final PUE N Stockdale E of Buena Vista. doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Hearings
ITEM: f5.a.
....J
TO: Honorable Mayor and City Council
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ft-rj ~
SUBJECT: Public hearing on Resolution of Necessity to determine whether the public interest and
necessity require acquisitIon by eminent domain of "right-of-way" property situated at the
southwest corner of Mohawk Street and Rosedale Highway, Bakersfield, Kern County,
California (Gribben & Grealish property) for the Westside Parkway project. (Code Civ.
Proc. ~ 1240.010) (Ward: N/A)
FROM:
DATE:
Virginia Gennaro, City Attdt'ney
August 14,2007
RECOMMENDATION:
Staff recommends adoption of tHe Resolution.
BACKGROUND:
The Wests ide Parkway Project (Project) will create a new east-west, multi-lane highway
beginning at the intersection of Stockdale Highway and Heath Road and extending eastward
parallel to the Cross Valley Canal and Kern River, crossing the Kern River near the existing
BN&SF Railroad bridge and ending near Highway 99. Right- of-way for eight lanes must be
acquired but initial construction will be limited to four lanes from Stockdale Highway/Heath Road
to Allen Road, six lanes from Allen Rdad to Coffee Road, eight lanes from Coffee Road to
Mohawk Street and six lanes from Mohawk Street to the eastern term inus of the Project. The
Project will also include the constructioh of interchanges at Allen Road, Calloway Drive, Coffee
Road and Mohawk Street; the extension of Mohawk Street south from Rosedale Highway
across the Kern River to Truxtun Avenue; and a grade separation at the intersection of Mohawk
Street and the BN&SF Railroad.
The subject real properties (APN 332-260-22 and APN 332-260-27) are located in the
County and are necessary for the Rosedale Highway/Mohawk Street Widening and Mohawk
Street Grade Separation. The County gave its consent to the acquisition of these properties on
July 18, 2006. The proposed real prbperty located in APN 332-260-22 is a strip of land
consisting of approximately 2,27 4 s~. feet and bordering Mohawk Street. A temporary
construction easement for approximately 9,821 sq. feet is also being sought. The proposed real
property located in APN 332-260-27 is a strip of land, consisting of approximately 840 sq. feet,
bordering Mohawk Street. A temporary construction easement for approximately 3,360 sq. feet
is also being sought. Both parcels will remain economically viable.
August 14, 2007, 12:45PM
S :\COUNCIL \Admins\07 -08 Admins\G ribben&Grealish. RON .dot
ADMINISTRATIVE REPORT
An original offer of $18,642.00 for APN 332-260-22 and $1,470.00 for APN 332-260-27
was mailed to the owners on July 13, 2005. Negotiations followed without result. A second
offer of $28,000.00 for both properties Was mailed on August 9, 2006. More negotiations were
held without result. The most recent ottet of $35,800.00 was hand delivered to the real property
owners on July 10, 2007. Negotiations continue between the real property owners and City
Staff. However, it does not appear tHat an agreement will be reached in a timely fashion.
Therefore, it is necessary to begin the cbhdemnation process without further delay.
Staff recommends adoption of tHe RON authorizing acquisition by eminent domain of
that certain real property owned by James E. Gribben, Carole A. Gribben, John E. Grealish, Jr.,
Debra G. Grealish, John E. Grealish, St., and Bonnie R. Grealish situated at the southwest
corner of Mohawk Street and Rosedale Highway. A proposed RON is attached to this report
and includes legal descriptions and plat maps of the real property to be acquired. All statutory
findings have been made and are set forth in the RON.
RMS:lsc
August 14,2007, 12:44PM . .
S:\COUNCIL \Adm i ns\07 -08 Admins\G ribben&Grealish. RON .dot
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Hearings
ITEM: . h .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
August 10, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
71/
~
;:rTj t~
SUBJECT: General Plan Amendment/Zone Change 07-0514. (Ward 6 Upon Annexation)
Jim Clawson Jr., the property owner, has applied for a general plan amendment and
zone change on 1.55 acres located along the south side of Taft Highway, generally west
of Mountain Ridge Road (future alignment), between Ashe Road and Stine Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from RR (Rural Residential) to
GC (General Commercial) on 1.55 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zone Map No. 142-03 from RS-20A
(Residential Suburban - 20 acres minimum Zone) to C-1/PCD (Neighborhood
Commercial/Planned Commercial Development Combining Zone) on 1.55 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 commercial uses on the 1.55 acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on July 5, 2007. No individuals or agencies were
present at the hearing and the applicant agreed to all conditions and mitigation for the project.
The applicant requested a general plan amendment to General Commercial and a zone change to C-
2/PCD (Regional Commercial/Planned Commercial Development) which would allow for the
development of commercial uses on the 1.55 acre project site. City staff and the Planning Commission
recommended a C-1/PCD (Neighborhood Commercial/Planned Commercial Development) zone that
would allow commercial uses compatible with the future residential adjacent to the project site. The
applicant was in agreement with this action.
Existing access to the site is via Taft Highway (State Route119), which is designated as an Expressway
on the Metropolitan Bakersfield Circulation Map. The existing two structures on the site are vacant.
Once the site is developed, access will be limited to the future alignment of Mountain Ridge Drive
(collector) along the 'east side of the project site. The proposal would provide for commercial
ADMINISTRATIVE REPORT
Page 2
development on a site that has limited development potential. The project site is configured and
located in relation with future developments in the vicinity that will not allow for a feasible development
other than commercial. This is primarily due to the required expansion of Taft Highway and Mountain
Ridge Drive, along the northern and eastern boundaries of the site, with access via the future alignment
of Mountain Ridge Drive. The remaining site, once the expansion of Taft Highway and Mountain Ridge
Drive is constructed, would contain less than 1.5 acres. The proposal would provide for commercial
services to both the traveling public and the adjacent residential areas surrounding the site. Staff would
restrict the development of the site to allow neighborhood commercial uses which would not be
obtrusive to the residential development adjacent to the site.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on May 18, 2007, In
accordance with CECA.
MO:dc - S:\GPA 2nd 2007\07-Q514\Adm SR\Admin Report 07-Q514.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Hearings
ITEM: . i.
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD~
August 13,2007 CITY ATTORNEY ~
CITY MANAGER A- r/6-1-
I
General Plan Amendment/Zone Change 06-1689, appealed. (Ward 7 upon annexation)
Jim Marino, Marino & Associates representing KC Land Investor V, LLC, the property
owner, has applied for a general plan amendment and zone change on 40 acres located
at the northwest comer of Engle Road and Wible Road. An appeal of the Planning
Commission's decision was submitted by Jim Marino.
1. Resolution denying the appeal and the general plan amendment changing the land
use designation from R-IA (Resource-Intensive Agriculture) to LMR (Low Medium
Density Residential) on 40 acres.
2. Resolution denying the appeal and the Zone Change from A (Agriculture) to R-2
(Limited Multiple Family Dwelling) Zone on 40 acres.
RECOMMENDATION:
Staff agrees with the applicant's request and recommends that this item be referred back to city staff.
BACKGROUND:
City staff received the attached letter from the applicant requesting that this item be referred back to
staff.
The proposal would allow for the development of 350 homes on the 40 acre project site.
The Planning Commission conducted a public hearing on the proposed general plan amendment and
the concurrent zone change to LMR and R-2 (Limited Multiple Family Dwelling Zone) on 40 acres and
recommended denial of the entire project to the City Council on June 21, 2007.
The adjacent area to the north of the project site was recently annexed to the City (Annexation No. 506,
completed April 16, 2007). The annexation area is zoned A (Agriculture). The property remains under
a Land Conservation (Williamson Act) Contract.
All properties surrounding the project site are in agricultural use and are not currently proposed for
urban development. The properties lying to the south, east, and west are all zoned for Exclusive
Agriculture. Surrounding properties consist of cultivated agricultural land to the north, west and portion
of the area south of the site. South of the site is developed with two rural residences and a landscape
nursery. East of the site is developed with a small dairy operation and agriculture. The dairy operation
has a potential for 200 cows, based on approvals by the County of Kern.
ADMINISTRATIVE REPORT
Page 2
Richard Alec, who owns a nursery south of the project site, expressed concerns with the proposal at
the public hearing. His concerns dealt with road improvements/access to the site, the proposed density
is not compatible with the surrounding uses, and sewer/septic issues. Tom Sandrini who is a farmer in
the area, Robert Sandrini who owns property in the area and Jim Boonie who also is an owner in the
area, expressed concerns with the timing of the site turning to urban, creating an "island" of urban in the
middle of agricultural uses, and the need for infrastructure (sewer system and roads improvements) for
the project at the hearing as well.
At this time, the proposal would not provide for the logical extension of residential development, the
project site is not contiguous to similar or other planned development. The area east of Wible Road is
used as a diary. Staff is in agreement with the Planning Commission recommendation.
The public works department is anticipating that a sewer assessment district would be formed by the
property owners from Gosford Road to Wible Road along the south side of Taft Highway to Engle
Road. It is anticipated that this assessment district would take several years to form and install the
improvements.
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 12,2007,
in accordance with CEQA. The Planning Commission did not recommend adoption of the Negative
Declaration.
The applicant has appealed the Planning Commission decision to deny the project.
MO:dc - S:\GPA 2nd 2007\06-1689\Admin\Adm Rpt refer back 06-1689.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Closed Session
ITEM: L,. 0. .\ b .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
DEPARTMENT HEAD I/~
CITY ATTORNEY l/~
CITY MANAGER_A-TI a..L
,
August22,2007
SUBJECT: 1.
Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section
54956.9. (Heinemann GPA issue).
2. Conference with Legal Counsel- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Three cases).
· City of Bakersfield v. City of Shafter, 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. Oi/dale Mutual Water Company
Kern County Superior Court Case No. S-1500-CV-260384-LPE
VG:dll
S:ICQUNCILlCI SesslAdminsl07 -OBIOB-29-07ExislLit3PotLit.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Presentations
ITEM: Ii. CA .
DEPARTMENT HEAD
CITY ATTORNEY
CITYMANAGER /f1jaL
SUBJECT: Presentation by Mayor Hall of Certificates to Kern River Volleyball Club's 13-and-under
Elite Team Champions
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
August 17,2007
OVED
RECOMMENDATION:
BACKGROUND:
ndw
August 17, 2007, 1:28PM
S:\MAYORIADMIN\2007\KERN RIVER VOLLEYBALL.dot
ADMINISTRATIVE REPORT
MEETING DATE: August 29,2007
AGENDA SECTION: Presentations
ITEM: I'. b .
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
CITY MANAGER 1+7/ a.L
SUBJECT: Presentation by Mayor Hall of Proclamation to Gregory D. Bynum, proclaiming September
6,2007, as "Gregory D. Bynum Day".
FROM:
Mayor Harvey L. Hall
DATE:
August 20, 2007
RECOMMENDATION:
BACKGROUND:
ndw
August 20,2007, 3:01PM
S:\MAYORIADMIN\2007\EUGENE VOlLAND DAY.DOC
ADMINISTRATIVE REPORT
MEETING DATE:
August29,2007
AGENDA SECTION: Hearings
ITEM NO: I Lf, t\,.
APPROVED
DEPARTMENTHEAD ~~
CITY ATTORNEY 1/a-
CITY MANAGER ~
SUBJECT: Jason's Retreat has applied for Modification No. 07-1040 to reduce the required off-street
parking for a 26-person residential facility with two employees from 22 spaces to 2 spaces in a C-
1 (Neighborhood Commercial) zone district located at 2000 Baker Street. An appeal of the Board
of Zoning Adjustment's decision was submitted by Jason's Retreat and J. McFadden Rentals,
property owner (Ward 2).
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
August 17, 2007
1. Resolution denying the appeal and denying Modification No. 07-1040.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On June 21, 2007, the Board of Zoning Adjustment (BZA) considered a request to reduce required off-street
parking for a 26-person residential facility with two employees from 22 spaces to 2 spaces in a C-1
(Neighborhood Commercial) zone district located at 2000 Baker Street.
Prior to the BZA hearing, correspondence was received from Douglas Campbell of 605 Knotts and William
McCalla, a Certified Public Account whose office is directly across the street at 623 Grace Street. Mr. Campbell
stated that although he has no problem with the facility itself he objects to the proposed lack of parking. Mr.
McCalla stated that his parking lot is being used, without his consent, by customers of other businesses in the
area and that in his opinion the proposal would worsen the current on-street parking shortage and requested
denial of the proposal. Dan Neil, speaking for Hulda Magnus of 2001 Baker Street, stated during the BZA
hearing that many of the neighbors in the area are against the proposal. He expressed concern about the ability
of two facility staff to oversee 26 residents living one block from a park and a school, stated that he is afraid that
the residents would overflow into the park and surrounding community, and urged denial of the proposal.
During the BZA hearing, a representative for the property owner, Jonathan Hudson, stated that after becoming
aware of staff's recommendation to require the partial development of the unimproved alley along the western
property boundary they would like to modify their proposal since they have plans to close the alley and develop
the surrounding properties to the north and west which are also owned by the owner of the subject property. He
stated that they would like to provide parking off-site in an existing two-car garage on the property immediately to
the west, not improve the alley, and continue with the application to close the alley and develop the whole comer.
Subsequent discussion occurred surrounding conditions of approval related to alley improvements and the
location of proposed parking both on-site and off-site, all which were different from the applicant's proposal and
staff's recommendation. No agreement between the BZA and the applicant could be reached. The proposed
August 21, 2007, 1:3gPM
S:lDanaIADMINS12007\AugIB-29-1040 8ZA MOD. doc
ADMINISTRATIVE REPORT
page 2
modification was denied by the BZA by operation of law as a result of the failure of a motion to approve the
project as originally proposed, subject to conditions of approval.
The applicant and property owner filed an appeal of the BZA's decision on July 2, 2007. The letter of appeal
does not contain the reasons why the appellants believe the BZA's decision should not be upheld.
Pursuant to Bakersfield Municipal Code Section 17.64.060.B, the bllowing findings must be made in older to
grant a modification:
1. The granting of such modification would not be materially detrimental to the public welfare, nor
injurious to the property or improvements in the zone or vicinity in which the property is located; and
2. The granting of the modification is necessary to permit an appropriate improvement or improvements
on a lot or lots, including but not limited to, modification of such regulations for some or all lots within
a subdivision to facilitate zero-lot-line or other atypical subdivision development; and
3. The granting of the modification would not be inconsistent with the purposes and intent of Title 17 of
the Bakersfield Municipal Code.
With respect to required finding #1 above, based upon the correspondence submitted prior to the BZA hearing
from a neighborhood resident and the owner of a business across the street from the subject property and
testimony received during the BZA hearing from a neighborhood resident, the granting of the modification could
be materially detrimental to the public '.IWlfare and injurious to properties in the immediate \1cinity.
With respect to required finding #2 above, the granting of the modification is not necessary to permit appropriate
improvements on the subject property as it is a fully developed property containing a single-family residence with
two accessory detached guesthouses. The size and shape of the 20,250 square foot subject property, either by
itself or in combination with the adjacent vacant properties to the north and west which are owned by the owner
of the subject property, are suitable to accommodate the redevelopment of the property with commercial uses
pursuant to the property's C-1 zoning without the need for a modification.
Because two of the three required findings cannot be made to allow the requested modification, it is
recommended that the appeal be denied.
August 21,2007, 1:39PM
S:lDansIADMINS\2oo7\Aug\8.29-1040 BZA MOD. doc
ADMINISTRATIVE REPORT
MEETING DATE:
August 29, 2007
AGENDA SECTION: Hearings
ITEM: I L.{. . b .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~A
CITY ATTORNEY .l!Ztl.!::-v
August 9,2007 TI
CITY MANAGER g'l d
Public Hearing to consider Resolution denying the appeal by Marcario Hernandez, the
applicant, and upholding the Board of Zoning Adjustment decision denying Conditional Use
Permit No. 07-1044 which would permit the operation of a landscaping business, including
outdoor storage of up to six vehicles, trailers, equipment and landscape materials, on a 2.5-acre
single-family residential lot in an R-S (Residential Suburban) and R-110K (One-Family Dwelling
- 10,000 sq. ft. minimum lot size) zone district located at 3649 Hosking Avenue. (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On July 10, 2007, the Board of Zoning Adjustment (BZA) denied a proposed conditional use permit to legalize an
existing landscaping business that is operating beyond the limitations of the property owner's home occupation
permit. The applicant requested a conditional use permit to allow for the storage of up to six commercial
vehicles, trailers, equipment and landscape materials on a 2.5-acre single-family residential lot.
The applicant submitted two petitions in support of their proposal, one of which included 31 persons residing
within one-half mile of the subject property and another which was limited to residents of abutting properties and
other properties in the immediate vicinity. With respect to the latter petition, occupants of all abutting properties
signed the petition with the exception of one; however, as described below two of the persons who signed the
petition spoke during the BZA hearing, one in opposition and another who didn't clearly express support or
opposition. Robert and Cynthia Schellenberg of 8301 Tamworth Street, which abuts the subject property,
submitted a letter in opposition to the proposal. Their objections are based on air pollution issues due to dust
from the dirt stockpile within the rear portion of the site blowing into their yard and swimming pool as well as noise
from vehicles and equipment. They further stated that the site is in a residential area which currently has no other
businesses. Although they recognize that the applicant's large lot is amenable to various uses, such uses should
not be conducted at the expense of neighboring properties. They concluded that if the conditional use permit is
granted, they would request that a block wall be required to help alleviate air and noise pollution, that no fertilizer
be stored near the property line, and that no use of equipment be allowed during early morning or late evening
hours.
A number of neighbors spoke in favor and in opposition to the proposal during the BZA hearing. Tommy Guerra
of 3602 Essendon Court stated that the applicant has made a lot of improvements over the past couple of years
and that he has no problem with the proposal. Greg Oja of 3603 Essendon Court stated that he is not totally
opposed to staff's recommendation (to deny the proposal) and that they're trying to state their concerns in a
neighborly fashion. He further stated that although he signed the applicant's petition, they are concerned about
opening up the opportunity for others in the area wanting to turn their properties into commercial facilities.
ADMINISTRATIVE REPORT
Page 2
Richard Paglia of 3607 Essendon Court apologized to the applicants, stating that although he signed the petition
in support, after speaking to his wife and other neighbors he is no longer in favor of approval. He stated that the
neighborhood should not be disturbed at 6 A.M. in the moming because Mr. Hemandez's workers are banging
things around in the yard while loading the trucks, and that a lot of dust gets into their swimming pool due to
traffic on the site. He stated that he guesses property values will plummet in the area from having a business
next door. He stated that things have quieted down recently since filing their application, but that he doesn't
know if that will be an ongoing situation or just until the permit is approved, and that he hopes that it will be quiet
from now on.
AI Johnson of 3608 Alice Meadows Court submitted a letter in opposition and spoke during the BZA hearing. He
stated that a large amount of dirt is blown into the neighboring properties to the south, including their swimming
pools on a consistent basis and from vehicles on the site in the moming and evening. He stated that the workers
sit around and play music after work and load their equipment in the moming when the neighbors are trying to
sleep, so the operation does impact the neighbors to the south tremendously. He further stated that there are
other people in opposition to the proposal who weren't able to attend the meeting. Diane Moore of 3612 Alice
Meadows Court stated that she spoke wth the applicant and that although they're trying to accommodate the
concerns of the neighbors she still has some concems. She is concemed about how big the operation could
get, citing a landscaping company on Wible Road with large boulders and a lot of activity, stating that the
applicant's business could grow. She is also concemed about the potential for other neighbors on similarly large
properties in the area wanting to establish businesses. She stated that her property is directly behind the subject
property and that the applicant has put a tarp over the mound of dirt which cuts down the dust which she
appreciates and that there used to be a lot of noise which was a concern, but that lately it's been a lot quieter.
She stated that theyre out of town a lot, so they don't get the same impact the other close neighbors do.
The intent of the Zoning Ordinance is that a home occupation be conducted so that the average neighbor, under
normal circumstances, would not be aware of its existence. The standards for home occupations are intended
to ensure that such businesses retain the residential environment of the property and are compatible with the
residential character of the neighborhood. Conditional use permits may be granted if they are found to be
essential or desirable to the public convenience or welfare, and are in harmony with the various elements or
objectives of the general plan. The BZA found that the intensity and nature of the proposed use is incompatible
with the surrounding neighborhood and is inconsistent with the site's residential land use designation.
The applicant filed an appeal of the BZA's decision on July 10, 2007. The applicant's appeal letter states that
they were not given the opportunity to respond to the issues raised by staff and neighbors and that the BZA
lacked relevant information. Persons wishing to speak in opposition to the staff recommendation to deny the
proposal were given the opportunity to speak first; among those who spoke in opposition to the staff
recommendation was Jim Marino, the applicant's representative. The appeal letter lists the following issues
raised by staff and neighbors and the applicant's brief responses to these issues.
1. Issue: A dirt stockpile within the southern portion of the property.
ResDonse: The dirt has been watered down and covered with a tarp.
2. Issue: Dust from vehicles.
ResDonse: Unpaved vehicular use areas would be covered with gravel.
3. Issue: Noise generated from loading/unloading.
ResDonse: All loading occurs in the evening.
4. Issue: Use is presumed to be a landscaping business.
ResDonse: Use is actually a gardening business, not a landscaping business.
Because the required findings cannot be made to grant the requested conditional use permit, it is recommended
that the appeal be denied.
S:\BZA_SPR\CUP\2007\07-1044 3649 Hosking landscap bus\Admin Rpt Appeal 07-1044.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
August 10, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
~
V?-
A-TjtLR-
SUBJECT: Amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal
Airport; Jim Marino, Marino/Associates, representing Santa Barbara Capital (property
owner), has applied for an amendment to the Airport Land Use Compatibility Plan for the
Bakersfield Municipal Airport, changing a portion of Zone B-2 to Zone C. Jim Marino has
appealed the Planning Commission decision.
1. Resolution approving the Negative Declaration, upholding the appeal and
approving the amendment to the Airport Land Use Compatibility Plan for the
Bakersfield Municipal Airport.
RECOMMENDATION:
Staff recommends adoption of a resolution, approving the Negative Declaration, approving the appeal,
and approving of the Amendment to the Airport Land Use Compatibility Plan for the Bakersfield Municipal
Airport changing Zone B-2 as shown on Exhibit A-2.
BACKGROUND:
The amendment to the Airport Land Use Compatibility Plan (ALUCP) for the Bakersfield Municipal
Airport would shorten Zone B-2 south of the runway from 10,000 feet to 7,000 feet. The area removed
from Zone B-2 would be designated Zone C. Zone C allows for residential development with a density
of 15 dwelling units per acre or fewer. Exhibit A-1 shows the subject site proposed to change from a
Zone B-2 to a Zone C.
The Planning Commission conducted a public hearing on January 4, 2007, at which time a continuance
was granted until January 18, 2007. A public hearing was held on the amendment to the ALUCP on
January 18,2007 and continued the public hearing on June 7,2007. On June 7, 2007, the Commission
recommended disapproving the Negative Declaration and disapproving the amendment to the ALUCP to
the City Council. Commissioners Blockley, Johnson, Tragish and Tkac voted in favor of the disapproval
based on health and safety factors. Commissioners Stanley, McGinnis and Andrews opposed the
disapproval because they believed that the applicant's airport land use consultant adequately addressed
the safety and health concerns.
No one spoke at the January 4, 2007 public hearing. During the January 18, 2007 public hearing,
Christian Gadbois, a member of Aircraft Owners and Pilots Association (AOPA) and a pilot for SRT
August 21, 2007, 2:09PM
Planner PE / S:\Dana\ADMINS\2007lAug\8-29-Bksfld Municipal Airport. doc
ADMINISTRATIVE REPORT
Helicopters, stated that pilots would like the opportunity to be involved in providing comments on the
proposal. AOPA provided a letter in opposition to the change in Zone B-2 prior to the June 7, 2007
public hearing (See Exhibit H for the letter and Exhibit F for the staff memo in response). Only the
applicant and Trisha Hager spoke during the public hearing on June 7, 2007. No one spoke in
opposition to the amendment.
An appeal of the recommendation of the Planning Commission by Mr. Jim Marino was received in the
City Clerk's office on June 12, 2007.
On March 8, 2006, City Council approved Zone Change 05-1507 to change land within Zone B-2 from A
(Agriculture) to R-1 (One Family Dwelling) including Condition of Approval No.8 which stated:
"Within five months of the effective date of this zone change, the applicant shall submit an
application to the City to amend the B-2 zone of the Kern County Airport Land Use
Compatibility Plan (1996) (ALUCP) from 10,000 feet to 7,000 feet which will remove the
project site from the B-2 zone. The applicant will pay application fees and all costs for
required studies. If the amendment application is not submitted in five months or the
amendment to B-2 zone change is denied, the Planning Director may initiate a zone
change to revert the zoning in the B-2 back to a zone designation compatible with the B-2
zone."
Zone B-2 specifies a maximum density of 0.5 dwelling units per acre. The R-1 zone allows one dwelling
unit per 6000 square feet, or the equivalent of 7.26 dwelling units per acre.
The City Council has the authority to amend the ALUCP because the ALUCP directs local jurisdiction to
update their specific Compatibility Plan in Policy 1.2.2 Updating the Plans: "Upon adoption of the relevant
Compatibility Plans by the County and affected cities, each separate jurisdiction shall be responsible for
updating the individual airport policies, compatibility maps, and background data as it pertains to the
airport(s) within each separate jurisdiction. The agency will forward copies of the amended individual
airport plans to the Department of Transportation, Division of Aeronautics."
PROJECT ANALYSIS:
Exhibit B, located in the "Backup" section, is a diagram of the Bakersfield Municipal Airport, showing the
approach runway (Runway 34) and the departure runway (Runway 16). Exhibit C shows the Current
Land Use Compatibility Plan for the Bakersfield Municipal Airport. Zone B-2 (Extended
Approach/Departure Zone) is shown on the south side of the airport runway and is aligned with the
approach to the runway. There is no B-2 zone on the departure side of the runway.
Zone B-2 was designated in the Airport Land Use Compatibility Plan (ALUCP) as the Extended
Approach Zone. The maximum residential density allowed in this area is 0.5 dwelling units per acre,
and there is a requirement for 30% of open space. The requirement for open space is to allow pilots an
extra emergency landing area if problems occur on descent. Currently, 60% of the B2 zone, in the area
closest to the runway, is developed by an existing housing development, Rexland Acres. (Exhibit C)
This development existed prior to the adoption of the ALUCP.
The ALUCP utilized the California Airport Land Use Planning Handbook (1993 edition) (Handbook) for
August 21. 2007, 2:09PM
Planner PE / S:\DanaIADMINS\2007\Aug\8-29-Bksfld Municipal Airport. doc
ADMINISTRATIVE REPORT
the formulation of its "Primary Compatibility Criteria Zones" of A, B1, B2, C, D and E (Exhibit C). The
Handbook's Zones are numbered 1 through 6. Handbook Zone 4 is the equivalent in purpose to ALUCP
Zone B-2. While the Handbook gives guidelines that it should be no less than 7,000 feet, the ALUCP
extends Zone B-2 to 10,000 feet.
The addition of the 3000 feet to the end of Zone B-2 provides additional open space, but it does not give
open space where statistically most accidents occur; that is, closer to the runway. According to the
Handbook, for airports with runways that are of similar length to Bakersfield Municipal Airport's, the area
beyond 7000 feet has shown a low frequency of accidents occurring.
ENVIRONMENTAL REVIEW AND DETERMINATION:
Zone B-2 of the Airport Land Use Compatibility Plan is surrounded by the Bakersfield Municipal Airport,
open space and existing residential dwellings.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and the Initial Study is attached. Special studies were provided by
the applicant for consideration in the Initial Study. (Preliminary Evaluation of ALUC Safety Zones, Walter
E. Gillfillan and Associates (March 2006)) The study evaluated Zone B-2 in terms of obstructions to air
navigation, noise compatibility and risk exposure to the public. Exhibit D shows the noise contours as
shown in the ALUCP. Exhibit E outlines the conclusions of the Walter E. Gillfillan and Associates
evaluation.
On February 1, 2007, the Initial Study/Negative Declaration was sent to the California State
Clearinghouse for distribution to agencies involved in CEQA review (State Clearinghouse #
2007021003). The comment period ended on March 2, 2007. From this process, comments were
received from California Department of Transportation, Division of Aeronautics. Additionally, Kern
County Planning Department and County of Kern Department of Airports commented on CEQA issues
related to noise, hazards, land use/planning and population housing. Kern County also questioned the
ability of the City of Bakersfield to modify the ALUCP without the County's approval. Comment letters are
shown in Exhibit H. The applicant utilized Chevalier, Allen & Lichman, LLP, Attorneys at Law to provide
responses to those comments (Exhibit I). Exhibit F is a summary table of responses to CEQA issues.
CONCLUSION:
Staff recommends approval of the amendment of the Airport Land Use Compatibility Plan adopted by the
City of Bakersfield to change the length of the Extended Approach/Departure Zone (Zone B-2) for the
Bakersfield Municipal Airport from 10,000 feet from the start of Runway # 34 (approach runway) to 7,000
feet. Sufficient justification has been provided by Walter E. Gillfillan and Associates in the "Preliminary
Evaluation of ALUC Safety Zones" and from the responses from Chevalier, Allen & Lichman, LLP on
behalf of the applicant to demonstrate that the public's exposure to excessive noise and safety hazards
within areas around public airports are minimized to less than significant.
August 21, 2007, 2:09PM
Planner PE / S:\DanaIADMINS\2007\Aug\8-29-Bksfld Municipal Airport. doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER A--l u.L
General Plan AmendmentlZone Change 06-2275, appealed. (Ward 1, upon
annexation).
August 10, 2007
Jim Marino, Marino/Associates representing the Garone Family Trust, the property
owner. applied for a general plan amendment and zone change on 49.52 acres
located at the northwest comer of East Panama Lane and Cottonwood Road. An
appeal of the Planning Commission decision was submitted by Jim Marino.
1. Resolution approving the Negative Declaration, approving the appeal and
adopting the general plan amendment changing the land use designation from
R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on
49.52 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Title 17 of the Municipal Code and amending Zoning Map No. 124-20 from A
(Agriculture Zone) to R-1 (One Family Dwelling Zone) on 49.52 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution. approving the Negative Declaration, approving the appeal
and approving the general plan amendment and first reading of the ordinance.
BACKGROUND:
This proposal will allow for the development of 300 single family dwelling units.
The Planning Commission conducted a public hearing on the proposed general plan
amendment/zone change on June 21, 2007, and recommended denial to the City Council.
Commissioner Andrew did not agree with the denial. Commissioner Andrew stated that his decision
was based on the approval of the property to the north of this site to single family residential by the
City Council at a previous action. The applicant submitted an appeal to the decision of the Planning
Commission. No agencies were present at the Planning Commission public hearing opposed the
request and the applicant agreed to all conditions and mitigation for the project.
Andrea Selvidge of the Law Offices of Young Wooldridge representing Ken Nelson, Jr. and Carla
Nelson, Jr., who reside south and east of East Panama Lane and Cottonwood Road, submitted a
letter opposing the proposed project and staff recommendation to approve the project. The letter
stated that additional analysis was needed to evaluate the Farmer John Egg Poultry Farm, Air
Quality, Agricultural Land Conversion, and Traffic Study. Staff contends that professional studies for
the project proposal adequately analyzed all the impacts associated with this opposition. The
ADMINISTRATIVE REPORT
Page 2
applicant at the Planning Commission public hearing presented facts to address concerns raised by
Ms. Selvidge.
The City Council recently approved the change of land use and zoning for the property north of the
project site to LR and R-1. The property north of the site is adjacent to the chicken ranch and feed
mill that was brought up by Ms. Selvidge. Odor Analysis and an Acoustical Study were prepared to
analysis any impacts associated with the chicken ranch and feed mill. Mitigation measures from both
the Odor and Acoustical Studies were adopted to address these issues and the project was adopted.
Staff recommended similar mitigation measures from those same studies for this project to address
these issues.
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 CEQA.
MO:dc\\S:\GPA 2nd 2007\06-2275\Admin SR\Admin Rpt 06-2275.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD~
August 10, 2007 CITY ATTORNEY~
CITY MANAGER ,4-7 t"tL
General Plan Amendment/Zone Change 06-2254, appealed. (Ward 3)
SUBJECT:
Steven Boneso, the property owner, represented by Mcintosh & Associates, has applied
for a general plan amendment and zone change on approximately 20 acres generally
located 600 feet north of Paladino Dr, and is divided by the future alignment of Rivani
Drive. An appeal of the Planning Commission's decision was submitted by Roger
Mcintosh from Mcintosh & Associates.
1. Resolution denying the appeal and the general plan amendment changing the land
use designation from LR (Low Density Residential) to HMR (High Medium Density
Residential) on approximately 20 acres.
2. Resolution denying the appeal and the Zone Change from R-1 (Single-Family
Dwelling Zone) to R-2/PUD (Limited Multiple Family Dwelling Zone Planned Unit
Development) on approximately 20 acres.
RECOMMENDATION:
Staff recommends adoption of resolutions denying the appeal, the general plan amendment and the
zone change.
BACKGROUND:
The proposal would allow for the development of 348 units on the approximate 20 acre project site.
The Planning Commission conducted a public hearing on the proposed general plan amendment and
the concurrent zone change to HMR and R-2/PUD on approximately 20 acres and recommended
denial of the entire project to the City Council on July 5, 2007.
The subject property is currently within the City of Bakersfield, and a tentative tract map (6730) for
single-family residential units has already been approved for the project site under the existing R-1
zoning.
All properties surrounding the project site to the north, south, and west are open space or used for
mineral extraction; however the properties to the north and south are currently proposed for urban
development. Properties adjacent to the east are developed with large-lot residential with horses. The
property to the south is zoned for commercial use but is undeveloped. Property to the north is zoned
for single-family residential and is also currently undeveloped. Property to the west is zoned for large-
lot residential and is currently used for resource extraction.
ADMINISTRATIVE REPORT
Page 2
Property owners adjacent to the east of the subject property have expressed concerns regarding the
compatibility of the proposed residential density and the existing large-lot single-family residences With
horses.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on May 11, 2007,in
accordance with CEQA. The Planning Commission did not recommend adoption of the Negative
Declaration.
The Planning Commission voiced concerns that the proposed density of the project is not compatible
with adjacent uses, and does not fit the intent of the Metropolitan Bakersfield General Plan regarding
land use compatibility. Also, the representative of the applicant voiced disagreement with a proposed
condition of approval that would impose a fee to the developer which would supplement funds for major
planned transportation improvements. For the aforementioned reasons, the Planning Commission has
recommended denial of the project. The applicant has appealed the Planning Commission decision to
deny the project.
City planning staff supports the recommendation of the Planning Commission to deny the project.
RB: - S:\GPA 2nd 2007\06-2254\S R Admln\Admln Report 2254.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Hearings
ITEM: ('-\ .T-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
August 10, 2007
CITY ATTORNEY
CITY MANAGER ,41 eeL
SUBJECT: General Plan Amendment/Zone Change 05-1580 (Ten Section), Appealed (Ward 5)
Jim Manley, representing 10 Section LLC, the property owner, has applied for a general
plan amendment and zone change on 220-acres located on the south of Panama Lane and
east of Nord Avenue. An appeal of the Planning Commission's decision was submitted by
Jim Manley, for 10 Section LLC.
1. Resolution denying the appeal and the general plan amendment changing the land
use designation from R-MP (Resource - Mineral and Petroleum) and OS (Open
Space) to LR (Low Density Residential) on 220-acres.
2. Resolution denying the appeal and the Zone Change from A (Exclusive Agriculture)
to R-1 (One Family Dwelling) on 220-acres.
RECOMMENDATION:
Staff recommends adoption of resolutions denying the appeal, the general plan amendment and the zone
change.
BACKGROUND:
The project is commonly known as the Ten Section - Project #05-1580 and consists of approximately 220
acres. For purposes of analyzing the environmental impacts of the project, the EIR considered impacts of
constructing a maximum of 788 single-family residential units on the project site, a concurrent general plan
amendment and zone change, and land subdivision.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was
prepared. The Planning Commission and staff conducted several hearings on the EIR including a public
scoping meeting on October 16, 2006, an adequacy hearing to receive comments on the Draft EIR on
March 1, 2007, and a hearing on the Final EIR on June 21,2007. The Final EIR was recommended for
denial by the Planning Commission on June 21, 2007.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
June 21, 2007, and recommended denial to the City Council. Staff made a presentation of the proposed
project and recommended approval to the Planning Commission.
ADMINISTRATIVE REPORT
Page 2
John Parker, General Manager of Kern Water Bank Authority, provided testimony to the Planning
Commission during the hearing. Mr. Parker's primary issues of concern were 1) the impact the project will
have on the surrounding habitat, 2) water supply, and 3) concerns about the compatibility of the project
with surrounding land uses as the Kern Water Bank is home to abundant wildlife, including coyotes,
bobcats, rabbits, squirrels, snakes, and when the recharge ponds are in operation during warm weather
mosquitoes.
Annette Tenneboe, an environmental specialist representing the Department of Fish and Game, also
provided testimony to the Planning Commission during the hearing. Ms. Tenneboe's primary issues of
concern were of the repeated land use decisions, which are eroding key habitat protection measures
inherent in the Metropolitan Bakersfield Habitat Conservation Plan.
Jim Manley, the applicant and owner of the project, addressed the Planning Commission during the public
hearing and spoke in favor of the proposal. Mr. Manley stated he spoke with Mr. Parker with regard to a
providing a wall separating the project from the water bank area, as well as having a condition placed on
the tract map and future covenant conditions of the property notifying future home owners of susceptible
exposures to mosquitoes and possibly fish smells.
Planning Commission expressed concerns regarding significant amounts of water surrounding the project
site, which is fertile ground for mosquitoes and may raise health factors that walls and landscaping do not
prevent. Commission also expressed concerns over the location and proximity of the project, pointing out
that the area adjacent to the water bank is still quite rural and inhabited by various creatures. Commission
raised concerns with the health, safety, and welfare of the water bank itself, as well as the wildlife, and
mosquito issues dealing with disease. A letter appealing this project was received in the City Clerk's office
on June 27,2007.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as
conditions of approval, and construction in accordance with the Uniform Building Codes, aesthetics, light
and glare, traffic and circulation, and air quality impacts would remain significant. Staff and the Planning
Commission recommend denial of the Final EIR.
S:\GPA 2nd 2007\05-1580 (Ten Section EIR)\Staff Report\Admin Report 8-15-Q7.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 15, 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, Councilmembers Carson, Weir,
Couch, Hanson, Sullivan, Scrivner (seated
at 5:20 p.m.)
Absent:
Councilmember Benham
2. PUBLIC STATEMENTS
None.
3. APPOINTMENTS
None.
4. CONSENT CALENDAR
Minutes:
a.
Approval of minutes of the July 11, 2007 Special
Council Meeting and July 18, 2007 Regular
City Council Meeting.
Payments:
AS COUCH
b.
Approval of department payments from July 7,2007
to August 2, 2007 in the amount of $31,129,072.68
and self-insurance payments from July 7, 2007 to
August 2,2007 in the amount of $1,572,274.59.
AS WEIR
Ordinances:
c. First Reading of Ordinance Revisions:
1.
Ordinance amending Section
5.16.030 relating to card rooms.
Ordinance amending Section
5.23.030 relating to escorts and
escort bureaus.
FR
2.
FR
3.
Ordinance amending Section
12.16.140 relating to construction work in
streets.
FR
4.
Bakersfield, California, August 15, 2007 - Page 2
CONSENT CALENDAR continued
Item 4.c. continued
d.
Ordinance amending Section 12.56.050
relating to parks.
Ordinance repealing Chapter 2.52 relating to
the Bakersfield Convention Center.
Ordinance repealing Chapter 9.32 relating to
advertising matter and samples.
Ordinance repealing Chapter 12.24 relating
to loose material.
First Reading of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map No.
124-08) by changing the zoning from R-S
(Residential Suburban) to E (Estate One
Family Dwelling) on 1.83 acres generally located on
the west side of Cottonwood Road, south of Casa
Loma Drive. (ZC 06-1909) (Applicant/Property:
Jimmy Crompton)
4.
5.
6.
7.
e.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
NO.1 01-34) of the Municipal Code by changing the
zoning from E (Estate) to C-1/PCD (Neighborhood
Commercial/Planned Commercial Development) on
2.98 acres located on the southwest corner of
Renfro Road and future Brimhall Road. (ZC 07-
0768) (Applicant: Porter-Robertson
Engineering/Property Owner: Froelich, Inc.)
f.
Adoption of Ordinance amending Title 17(Zone Map
Nos. 102-31 & 102-32) of the Municipal Code by
changing the zoning from C-1 (Neighborhood
Commercial) to C-2 (Regional Commercial) on 5.02
acres and from R-1 (One Family Dwelling) to C-2 on
.4 7 acres located at the southeast corner of
Calloway Drive and Brimhall Road. (ZC 06-1660)
(Applicant: M.S. Walker & Assoc/Property Owner:
Bakersfield Center Limited)
ACTION TAKEN
FR
FR
FR
FR
FR
ORD 4447
ORD 4448
Bakersfield, California, August 15, 2007 - Page 3
4.
CONSENT CALENDAR continued
Resolutions:
g. Streetscape Improvements - 34th Street from Q
Street to Union Avenue:
1.
Resolution authorizing the Public Works
Director or his designee to apply for and
execute a Program Supplement Agreement
with California Department of Transportation
to receive Transportation Enhancement
Activities (TEA) funding ($561,000) for
project.
2. Authorize Economic and Community
Development Department to form a
Maintenance District for this project.
h.
Resolution confirming approval by the Assistant City
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of certain weeds,
debris and waste matter and demolition of
dangerous buildings, authorize collection of the
assessments by the Kern County Tax Collector.
i.
Resolution approving an application proposing
proceeding for annexation of uninhabited
territory to the City identified as Annexation No. 574
consisting of 139.89 acres located south of Seventh
Standard Road, east of Allen Road, north of Snow
Road.
j.
Resolution approving an application proposing
proceedings for annexation of inhabited
territory to the City identified as Annexation No. 590
consisting of 83.30 acres located east and west of
S. Union Avenue, between Berkshire Road and
Hosking Avenue.
ACTION TAKEN
RES 153-07
RES 154-07
RES 155-07
REMOVED FOR
SEPARA TE
CONSIDER A TION
Bakersfield, California, August 15, 2007 - Page 4
4. CONSENT CALENDAR continued ACTION TAKEN
k. Sewer Connection and Construction Fee
Assessments for the McDonald Area Sewer
Project:
1. Resolution confirming assessments for RES 157-07
sewer connection fee, including construction
fee, and authorizing collection of
assessments by Kern County Tax Collector.
2. Agreements with 54 property owners to pay AGR 07-231
sewer connection and construction THROUGH
fee in installments and notice of special AGR 07-284
assessment lien.
I. Resolution adding Area 4-47 (Alfred Harrell, Lake RES 158-07
Ming SE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
m. Resolution of Intention No. 1547 to add territory, RO/1547
Area 1-70 (Calloway, Brimhall SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
n. Resolution of Intention No. 1548 to add territory, RO/1548
Area 1-72 (ih Standard, Jewetta SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
o. Resolution of Intention No. 1549 to add territory, RO/1549
Area 3-72 (Gosford, McKee SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Bakersfield, California, August 15, 2007 - Page 5
4.
CONSENT CALENDAR continued
p. New job specification and change to salary
schedule:
Amendment NO.9 to Resolution No. 049-06
approving Memorandum of Understanding
for employees of the Blue and White Collar
Units and adopting salary schedule and
related benefits for Assistant Code
Enforcement Officer.
2. New job specification for Assistant Code
Enforcement Officer.
1.
Agreements:
q.
Agreement with Rick Maharrey dba Kern County
Slow-Pitch Softball (not to exceed $45,900)
to provide officiating services for the City adult
softball program.
r.
Agreement with the Law Offices of Hanna, Brophy,
MacLean, McAleer & Jensen (not to exceed
$125,000 in a 12 month period) for Workers'
Compensation Legal Services (to be
paid from Self-Insurance Fund).
s.
Agreement with RJC Inc. ($54,957) for design of
drive entrances and parking lot remodel for
United States Postal Service regarding State Route
178 and Fairfax Interchange Project.
Agreement with Clifford & Brown ($125,000) for
outside legal services in the matter of Robert
Pratt v City, et al (KCSC Case No. S-1500 CV-
253264-RJA); Robbie Pratt v Alan Tandy, et
al (KCSC Case No. S-1500-CV -256401; and,
Robert Pratt v City, et al (KCSC Case No. S-
1500-CV-259414-AEW 257620-SPC).
t.
u.
Agreement with Lennar Homes of California, Inc.
($169,950) to purchase real property located at the
northwest corner of Berkshire Road and Mountain
Vista Drive for a water well site.
ACTION TAKEN
AGR 049-06(9)
AGR 07-285
AGR 07-286
AGR 07-287
AGR 07-288
AGR 07-289
DEED 7646
Bakersfield, California, August 15, 2007 - Page 6
4. CONSENT CALENDAR continued ACTION TAKEN
v. MaintStar Work Order System for the Public Works
Department:
1. Agreement with MaintStar, Inc. ($377,500) to AGR 07-290
install, customize and provide support
for the MaintStar Public Works Work Order
System.
2. Transfer $420,000 from Public Works Capital
Improvement Project (Fleet Services
Building Remodel) to the Capital
Improvement Budget within the Capital
w. Assignment of Agreement No. 06-323 with Harry AGR 07-291
Hackner to John Mackessy for ground
lease of hangar space 0-3.
x. Agreement with Federal Aviation Administration AGR 07-292
($300,000) to accept grant offer for infrastructure
improvements to allow further hangar development
at the Airport.
y. Reimbursement Agreement with Lennar Homes of AGR 07-293
California (not to exceed $760,402) for installation of
4,808 linear feet of the backbone sewer system
within the Panama and Union Planned Sewer Area.
Final Tract Map and Improvement Agreements with AGR 07-294
z. AGR 07-295
Centex Homes for Tract 6491 Phase 3 located north
of Taft Highway (Hwy 119), east of Ashe Road.
aa. Contributions to Bakersfield Museum of Art and
Bakersfield Symphony:
1. Agreement with Bakersfield Museum of Art AGR 07-296
($27,500) for Fiscal Year 2007-08.
2. Agreement with Bakersfield Symphony AGR 07-297
($55,000) for Fiscal Year 2007-08.
Bakersfield, California, August 15, 2007 - Page 7
4. CONSENT CALENDAR continued ACTION TAKEN
bb. Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 07-0655
(SR99/Hosking Commercial Center).
1. Agreement with Woodmont Bakersfield, LP AGR 07-298
($215,639) for the preparation of the EI R.
2. Agreement with Jones and Stokes AGR 07-299
Associates, Inc. ($162,134) to prepare the
EIR.
3. Appropriate $162,134 (developer's
contribution) to the Development Services
Operating Budget in the General Fund for
the EIR consultant.
cc. Environmental Impact Report for General Plan
Amendment/Zone Change No. 03-1544
(West Ming, formally known as Buena Vista Ranch).
1. Amendment NO.2 to Agreement No. 04-085 AGR 04-085(2)
with Michael Brandman and Associates
($169,062) for preparation of the EIR.
2. Appropriate $169,062 (developer's
contribution) to the Development Services
Operating Budget in the General Fund for
the EIR consultant.
dd. Environmental Impact Report for General Plan
Amendment/Zone Change No. 03-0337 (The
Canyons).
1. Amendment NO.2 to Agreement No. 03-215 AGR 03-215(2)
with Michael Brandman and Associates AS WEIR
($160,557) for preparation of the EIR.
2. Appropriate $160,557 (developer's
contribution) to the Development Services
Operating Budget in the General Fund for
the EIR consultant.
ee. Amendment No. 1 to Agreement No. 05-445 with AGR 05-445(1)
Strategic Design Services, LLC ($1,625; total not to
exceed $30,035) for additional hours of consultation
required to finalize the security and access control
system project at Police Department Headquarters
and West Area Substation.
4.
Bakersfield, California, August 15, 2007 - Page 8
CONSENT CALENDAR continued
ff.
Amendment NO.2 to Agreement No. 04-236 with
Borton Petrini, LLP ($2,500; total not to exceed
$152,500) for outside legal services in the
acquisition of offsite real property interest
for Vesting Tentative Parcel Map 11013 (City in the
Hills-Mountian View Bravo, Developer).
gg.
Amendment NO.2 to Agreement No. 05-228 with
Kern Affordable Housing, Inc. (KAH) for
rehabilitation of Park Real Apartment complex to
revise the timeline (no budgetary action).
hh.
Amendment NO.1 to Agreement No. 06-388 with
Jacobs Civil Inc. ($347 decrease; reallocation of
resources) to provide construction management
services for Wastewater Treatment Plant 3 - 2007
Expansion Project.
ii.
Amendment NO.2 to Agreement No. 98-145 with
Bryan A. Stirrat & Associates ($133,000; revised not
to exceed $450,000) for preparation of design
modifications for the Bakersfield Landfill closure.
jj.
Amendment NO.2 to Agreement No. 05-246 with
Hargis and Son ($80,000; revised not to exceed
$240,000) for the biosolids hauling and spreading
annual contract.
kk.
Amendment No. 1 to Agreement No. 06-391 with
Bradco Industrial Corporation dba Bradco
Environmental ($383,000; revised not to exceed
$559,000) for the wood grinding and screening
annual contract.
II. 2004/2005 Federally Funded Reconstruct Various
Streets Project:
Contract Change Order NO.3 to Agreement
No. 06-109 with AlC Materials, Inc.
($24,136.52; revised total not to exceed
$4,487,316.29) for project.
2. Appropriate $21,369 Federal Surface
Transportation Program funds to the Public
Works Department Capital Improvement
Budget.
1.
ACTION TAKEN
AGR 04-236(2)
AGR 05-228(2)
AGR 06-388(1)
AGR 98-145(2)
AGR 05-246(2)
AGR 06-391(1)
ceo 06-109(3)
Bakersfield, California, August 15, 2007 - Page 9
4. CONSENT CALENDAR continued ACTION TAKEN
Bids:
mm. Accept bid and award contract to Griffith Company AGR 07-300
($208,705) for median island improvements-
various streets.
nn. Accept bid and award contract to Loop Electric AGR 07-301
($131,765.65) for the traffic signal and
lighting system installation at the intersection of
Calloway Drive and Noriega Road.
00. Accept bid and award contract to Kiewit Pacific AGR 07-302
Company ($211,021,000) for construction
services to upgrade and expand Wastewater
Treatment Plant 3.
pp. Accept bid and award contract to Nicholas AGR 07-303
Construction Inc. ($448,146) for rehabilitation of
the Farmers-Stine-Anderson Weir on the Carrier
Canal.
qq. Accept bid and award contract to Security Paving AGR 07-304
Company, Inc. ($28,929,446.10) to
construct the State Route 178 (SR 178) and Fairfax
Road Interchange Project.
rr. Accept bid and award contract to Hudson Custom AGR 07-305
Construction, Inc. ($142,300) for Fire Station NO.1
Arson Unit Remodel.
ss. Accept bid and award contract to Klassen AGR 07-306
Corporation ($724,321) to construct Saunders
Park Recreation Facility.
tt. Accept bid and award contract to A-C Electric AGR 07-307
Company ($118,176.25) for traffic signal
lighting system installation on Ming Avenue at
Highway 99 on-ramp.
uu. Accept bid and award contract to Montes Pacific AGR 07-308
Engineering ($45,610) for storm drain improvements
for 501 S. Mt. Vernon Avenue and Columbus Street
at University Avenue.
w. Accept bid and award contract to Carollo Engineers AGR 07-309
($239,748) for consulting services to complete
Regional Water Quality Control Board requirements
concerning Wastewater Treatment Plant 3.
Bakersfield, California, August 15, 2007 - Page 10
4. CONSENT CALENDAR continued ACTION TAKEN
Miscellaneous:
ww. Transfer $1,200,000 from developer contributions
within the Park Improvement Fund to the
Recreation and Parks Department Capital
Improvement Budget for development of
Greystone Park located at the southwest corner of
Mountain Vista Drive at Harris Road.
xx. Assessment District and related Public Financing
Authority (PFA) Bond Call:
1. Appropriate $465,166 fund balances to the
Operating Budgets within various special
assessments funds and PFA Debt Service
Fund to facilitate advance redemption of
Assessment and related PFA Bonds.
2. Appropriate $343,290 fund balance to
reimburse developer for approved costs that
exceeded original estimates for Assessment
District No. 04-3.
yy. City's position on 2007 League of California
Cities Resolutions.
ZZ. Appointment of League of California Cities APPOINT PIO AS
Voting Delegate and Alternate for 2007 DELlGA TE, CITY
Annual Conference. CLERK AS
AL TERNA TE
City Clerk McCarthy announced corrections to items
4.a. and 4.tt.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.,
item4.1., interest in real property nearby, and item
4.dd., potential conflict of interest.
Councilmember Couch announced he would abstain
from item 4.a. due to his absence during part of that
meeting.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 4.a. through item 4.zz. with correction
to items 4.a. and 4.tt. and the removal of item 4.j. for
separate consideration.
APPROVED
AB BENHAM
Bakersfield, California, August 15, 2007 - Page 11
4.
CONSENT CALENDAR continued
j.
Resolution approving an application proposing
proceedings for annexation of inhabited
territory to the City identified as Annexation No. 590
consisting of 83.30 acres located east and west of
S. Union Avenue, between Berkshire Road and
Hosking Avenue.
Motion by Vice-Mayor Hanson to adopt the Resolution.
5. CONSENT CALENDAR HEARINGS
None.
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. City v Kern Delta Water District - KCSC
Case No. S-1500-CV-258097-NFT (now
known as Ventura County Case No.
CIV242067)
2. Chanel McBride and Deondre Donte
Marzette, Jr. (minor), by and through his
Guardian Ad Litem, Yessenia Revles v
Valley Plaza Mall; General Growth
Properties; City; County of Kern - KCSC
Case No. S-1500-CV-259634-AEW
3. Essex Insurance Company v City, D.A.R.E.,
Inc., et al- KCSC Case No. S-1500-CV-
256273-AEW
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:23 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6: 10 p.m.
RECONVENED MEETING - 6:30 p.m.
7. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Weir,
Couch, Sullivan, Scrivner
Absent:
Councilmember Benham
ACTION TAKEN
RES 156-D7
APPROVED
AB BENHAM
ABS WEIR
APPROVED
AB BENHAM
APPROVED
AB BENHAM
Bakersfield, California, August 15, 2007 - Page 12
INVOCATION by Reverend William R. Ekhardt, Northminster
Presbyterian Church.
8.
9. PLEDGE OF ALLEGIANCE by Hannah Cooper, ih Grade
Student at Earl Warren Junior High.
Mayor Hall acknowledged Boy Scout Troop 317
members Ryan Stancliffe, Tim Jones and their
Scout Master in attendance at the meeting.
10. CLOSED SESSION ACTION
a. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1.
City v Kern Delta Water District - KCSC
Case No. S-1500-CV-258097-NFT (now
known as Ventura County Case No.
CIV242067)
Chanel McBride and Deondre Donte
Marzette, Jr. (minor), by and through his
Guardian Ad Litem, Yessenia Revles v
Valley Plaza Mall; General Growth
Properties; City; County of Kern - KCSC
Case No. S-1500-CV-259634-AEW
Essex Insurance Company v City, D.A.R.E.,
Inc., et al- KCSC Case No. S-1500-CV-
256273-AEW
2.
3.
None.
11. PRESENTATIONS
12. PUBLIC STATEMENTS
a. Ryan Nance spoke regarding skate parks.
Councilmember Sullivan requested the Community
Services Committee address installing skate park
facilities in all City parks.
b. Elcio Cancellier spoke regarding the condition of the
street in front of Wayside school.
Councilmember Carson requested staff investigate the
jurisdiction regarding the street in front of Wayside
School, and ask the County to address the problem if in
their jurisdiction.
ACTION TAKEN
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, August 15, 2007 - Page 13
12.
PUBLIC STATEMENTS continued
c. Marvin Dean spoke regarding proposed immigration
Resolutions.
13. REPORTS
None.
14. HEARINGS
a.
Public Hearing to consider the appeal by Jason's
Retreat and J. McFadden Rentals (property owner)
of the Board of Zoning Adjustment decision denying
Modification No. 07-1040 to reduce the required off-
street parking for a 26 person residential facility
with two employees from 22 spaces to 2 spaces in
a C-1 zone district located at 2000 Baker Street.
(Applicant: Jason's Retreat)
City Clerk McCarthy announced the hearing will be
opened and continued to the August 29th Council
meeting.
Hearing opened at 6:48 p.m.
b. General Plan Amendment/Zone Change No. 06-
1002; The City of Bakersfield (property owner) has
applied for a general plan amendment and zone
change on 247 acres bounded by Taft Highway
(State Route 119) on the south, Ashe Road on the
east, Gosford Road west, and City's Wastewater
Treatment Plant NO.3 on the north. (Bakersfield
Sports Village)
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for GPAlZC No. 06-1002.
Resolution adopting the general plan
amendment changing the land use
designations from P (Public Facilities) to OS-
P (Open Space-Parks) on 185 acres and GC
(General Commercial) on 38 acres.
First Reading of Ordinance amending Title
17 of the Municipal Code (Zone Map No.
123-33) from A (Agricultural) to RE
(Recreation) on 185, C-2/PCD (Regional
Commercial/Planned Commercial
Development) on 37 acres and M-1 (Light
Manufacturing) on 22 acres.
2.
3.
ACTION TAKEN
CONTINUED TO
8-29-07
RES 159-07
RES 160-07
FR
Bakersfield, California, August 15, 2007 - Page 14
14. HEARINGS continued
Item 14.b continued
Staff comments and by Development Services
Director Grady staff comments. Recreation and
Parks Director Hoover made comments and
presented a video.
Hearing opened at 6:57 p.m.
Gordon Nipp, Oscar Sandoval, Ryan Nance, Lori
DeLeon, Russell Warren Dunlap, Jr. spoke in
support of the of the staff recommendation.
Hearing closed at 7:04 p.m.
Councilmember Sullivan requested the Community
Services Committee review lighting for the Sports
Village and placement of future skate parks;
additionally she requested information regarding a
projection for completion of projects. Recreation and
Parks Director Hoover responded.
Motion by Councilmember Sullivan to approved the
Resolutions and give first reading to the Ordinance.
c. General Plan Amendment/Specific Plan/Zone
Change No. 03-1544; Castle and Cooke,
California, Inc. (property owner) has applied for a
general plan amendment, specific plan adoption,
zone change and development agreement approval
for the West Ming project on 2,184 acres generally
located between Ming Avenue (extended) and the
Southern Pacific Railroad, Buena Vista Road and
future West Beltway.
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EI R) for General Plan
Amendment/Specific Plan Approval/Zone
Change No. 03-1544, known as the West
Ming Project.
ACTION TAKEN
APPROVED
AB BENHAM
RES 161-07
14.
Bakersfield, California, August 15, 2007 - Page 15
HEARINGS continued
Item 14.c. continued
2.
Resolution adopting the general plan
amendment changing the land use
designations from R-IA (Resource-Intensive
Agriculture), R-MP (Resource-Mineral
Petroleum) and OS (Open Space) to West
Ming Specific Plan and change the Kern
River Plan Element Land Use Designations
from 8.1 (Intensive Agriculture), 8.1/2.1
(Intensive Agriculture/Seismic Hazard
Overlay), 8.4 (Mineral and Petroleum) to
West Ming Specific Plan and amending the
Circulation Element to change the
Circulation Element alignment of the
collector roads within the project boundaries
to deviate from the current grid pattern, re-
designate White Lane and Ming Avenue
(west of S. .Allen Road) from arterials to
collectors as shown in the West Ming
Specific Plan.
3.
Resolution approving the West Ming Specific
Plan changing the existing Metropolitan
Bakersfield General Plan and the Kern River
Plan Element Land Use Elements to WM-LR
(West Ming-Low Density Residential) on 448
acres; to WM-LMR (West Ming-Low Medium
Residential) on 980 acres; to WM-HMR
(West Ming-High Medium Density
Residential) on 378 acres, to WM-HR (West
Ming-High Density Residential) on 43 acres,
to WM-GC (West Ming-General Commercial)
on 41 acres, to WM-OC (West Ming-Office
Commercial) on 9 acres, WM-MU (West
Ming-Mixed Use) on 63 acres and to WM-SU
(West Ming-Special Use) on 220 acres.
ACTION TAKEN
RES 162-07
RES 163-07
Bakersfield, California, August 15, 2007 - Page 16
14.
HEARINGS continued
Item 14.c. continued
4.
Resolution approving amendment to Title 17
of the Municipal Code by adopting the
West Ming Specific Plan zoning for the
project site changing the zoning to WM-R1
(West Ming One Family Dwelling) on 448
acres, WM-R2 (West Ming Limited Multiple
Family Dwelling) on 1,358 acres, to WM-R3
(West Ming Limited Multiple Family
Dwelling) on 43 acres, to WM-CO (West
Ming Professional and Administrative Office)
on 41 acres, to WM-GC (West Ming General
Commercial) on 9 acres to WM-TC
(West Ming Town Center) on 63 acres and to
WM-SU (West Ming Special Use) on
220 acres.
5.
First Reading of Ordinance approving the
Development Agreement.
Staff comments by Development Serviced Director
Grady; additionally Mr. Grady made reference to
correspondence received from the City of Shafter
and Kern County.
Public Works Director Rojas made staff comments.
Hearing opened at 7:25 p.m.
Gordon Nipp, on behalf of the Sierra Club and
Russell Warren Dunlap, Jr., spoke in opposition to
the staff recommendation.
Bruce Freeman, President, Castle & Cooke,
spoke and provided written material, Roger
Mcintosh, Mcintosh & Associates, on behalf of
Castle & Cooke, spoke and provided written
material, Pat McCarthy Thompson, Executive
Director, Sequoia Riverlands Trust, Scott Spear,
Chairman of the Board, Sequoia Riverlands Trust,
Phil Gaskill and Russell Warren Dunlap, Jr., spoke
in support of staff recommendation.
Hearing closed at 7:48 p.m.
Councilmember Hanson provided an overview of
the project.
ACTION TAKEN
RES 164-07
FR
Bakersfield, California, August 15, 2007 - Page 17
14.
HEARINGS continued
Item 14.c. continued
Motion by Councilmember Hanson to adopt the
Resolutions and give first reading to the Ordinance
with appropriate comments and recommendations from
Development Services Director Grady incorporated.
15. NEW BUSINESS
None.
16. MAYOR AND COUNCIL STATEMENTS
Councilmember Carson made comments regarding
foreclosures and requested staff formulate a plan to
charge property owners for abatement of
standing water and return to Council.
Councilmember Carson requested Development
Services provide a status update regarding the old
golf course property on Belle Terrace.
Councilmember Carson made comments regarding a
recent family reunion.
Councilmember Couch requested staff investigate
purchase of properties currently for sale on Rosedale
for the purpose of road widening.
Councilmember Couch requested staff encourage the
County to investigate purchasing properties on Olive
Dr. for the purpose of road widening.
Councilmember Couch requested staff refurbish the
walls on River Run Blvd; additionally requested
information regarding who is responsible for
replacement of signs, ie 'Celebrations' and
securing of cable boxes on the same street.
Councilmember Couch requested trash be picked up at
Rosedale and Coffee.
Councilmember Couch requested the Personnel
Committee investigate implementing a clear policy and
make a recommendation to the Council supporting
reservists called to active duty in the military.
Additionally he provided a copy of the County's Military
Leave Benefits Program.
ACTION TAKEN
APPROVED
AB BENHAM
Bakersfield, California, August 15, 2007 - Page 18
16.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Couch requested the Planning &
Development Committee analyze implementing a
Citywide Park Development fee.
Councilmember Sullivan requested staff contact
developers regarding the large mountains of dirt at the
intersection of Hwy. 178 and Comanche Dr. to
determine plans for removal and report back to
Council.
Councilmember Sullivan provided an update regarding In
God We Trust America and stated that twenty-six cities
have now determined to display the motto in their city halls.
Councilmember Hanson requested Public Works staff
review a letter from Mr. Danford regarding handicapp
parking in the City.
Councilmember Hanson announced he will delay
discussion of Councilmember Weir's proposal to form an
Ad Hoc Committee on immigration until Councilmember
Benham's return.
17 . ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at 8:09 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\August 15.doc