HomeMy WebLinkAbout09/12/07_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
SEPTEMBER 12, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5: 15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (Two cases)
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Dave Champness, Riverlakes Community Church.
7. PLEDGE OF ALLEGIANCE by Baylee Starkey, 7'h Grade Student at Stockdale Christian School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to KC the Bull and William D. Blair, CEO, Great
Kern County Fair, proclaiming September 19 - 30, 2007, as Kern County Fair Days.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the August 29, 2007 Regular City Council Meeting.
Payments:
b. Approval of department payments from August 17, 2007 to August 30, 2007 in the amount of
$8,182,101.12 and self-insurance payments from August 17, 2007 to August 30, 2007 in the
amount of $237,966.10.
Ordinances:
c. First Reading of Ordinance amending Chapter 15.72 of the Municipal Code relating to the
Historic Preservation Commission. (Legislative & Litigation Committee)
(Ward 1,4,7)
d.
First Reading of Ordinance amending Sections 1.12.010, 1.12.040 and 1.12.070 of the
Municipal Code adding Annexation No. 536 consisting of 109.86 acres located north of E.
Panama Lane, on the east side of Union Avenue and Annexation No. 546 consisting of 22.32
acres located south of Berkshire Road, east of S. Union Avenue to Ward 1; Annexation No.
499 consisting of 1,681 acres located south of Seventh Standard Road, west of Allen Road
and Annexation No. 533 consisting of 53.25 acres located north of Snow Road, west of
Calloway Drive to Ward 4; and, Annexation No. 506 consisting of 183.99 acres located east
of Wible Road, south of Taft Highway to Ward 7.
(Ward 5)
(Ward 6)
(Ward 5)
(Ward 4,5)
(Ward 5,7)
(Ward 3,4,5)
(Ward 5)
(Ward 2)
(Ward 7)
12. CONSENT CALENDAR continued
e.
Adoption 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) (FR 08/29/07)
Adoption of Ordinance amending Title 17 of the Municipal Code (Zone Map No. 123-33) by
changing the zoning from A (Agriculture) to RE (Recreation) on 188 acres, C-21PCD
(Regional Commercial/Planned Unit Development Combining) on 37 acres and M-1 (Light
Manufacturing) on 22 acres bounded by Taft Highway (State Route 119) on the south, Ashe
Road on the east, Gosford Road on the west and the City's Wastewater Treatment Plant No.
3 on the north. (ZC 06-1002) (City of Bakersfield) (FR 08/15/07)
f.
Resolutions:
Resolution ordering the summary vacation of the 40 foot wide Gandola Street (County Road
No. 1985) at the southeast corner of Brimhall Road and Calloway Drive.
h. Resolution establishing new tow truck rates.
g.
I.
Resolution approving an application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 493 consisting of 1,813.08 acres located
west Allen Road, south of the Kern River.
Panama Lane Shopping Center and Gosford Village Shopping Center:
1. Resolution vacating Resolution No. 20-03 which certified Final Environmental Impact
Report, Resolution No. 26-03 which approved General Plan Amendment No. 02-193,
and Ordinance No. 4112 which approved concurrent Zone Change No. 02-0193 for
the Panama Lane Shopping Center.
2. Resolution vacating Resolution No. 21-03 which certified Final Environmental Impact
Report, Resolution No. 27-03 which approved General Plan Amendment No. 02-0300
and Ordinance No. 02-4110 which approved concurrent Zone Change No. 02-0030.
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 1-73 (Rosedale, Froehlich SE)
2. Area 3-67 (McCutchen, Old River NW)
3. Area 4-79 (Panorama, Juniper Ridge E)
4. Area 4-80 (Bernard, Oswell NW)
Resolution of Intention No. 1553 to add territory, Area 3-73 (McAllister Ranch #1) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1554 to add territory, Area 4-81 (California, P NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1555 to add territory, Area 5-39 (McCall, Mesa Grande NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
j.
k.
I.
m.
n.
2
City Council Meeting of 09/12/2007
(Ward 6)
12. CONSENT CALENDAR continued
o.
Curnow Planned Sewer Area:
(Ward 2)
(Ward 4,5)
(Ward 4)
(Ward 3)
(Ward 3)
(Ward 1-6)
1. Resolution of Intention No. 1556 to establish the Curnow Planned Sewer Area and
preliminarily approving the boundaries of the area and the cost and fee.
2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code
relating to sewer facilities by adding the Curnow Planned Sewer Area.
Agreements:
Agreement with HNTB Corporation ($8,871,673) for engineering and environmental design
services for the South Centennial Corridor. (TRIP)
Agreement with PB Americas, Inc. ($7,036,625) for engineering and environmental design
services for the West Beltway. (TRIP)
r. Agreement with ComplQ (not to exceed $150,000 for 12 month period) for Workers'
Compensation bill review services (self-insurance fund).
p.
q.
s. Agreement with Kern County ($50,000) for sharing the cost of consultant services of
Northcutt and Associates for coordination of the Metropolitan Bakersfield General Plan
update.
t. Agreement with Kern County ($698,974) for sharing the cost of consultant services of Pacific
Mutual Consultants for the preparation of the Metropolitan Bakersfield General Plan update.
Amendment No. 1 to Agreement No. 06-149 with JP/CP Development, Inc. for Tract 6295
Phase 1 located south of Brimhall Road and east of River Ranch Drive for developer to
retrofit the existing block wall at the south end of property to mitigate anticipated noise from
the proposed Westside Parkway.
Amendment No. 1 to Agreement No. 06-387 with Paladino West, LLC for the relocation of a
Southern California Edison transmission tower within the Paladino Drive right-of-way.
w. Amendment No. 1 to Agreement No. 05-443 with Mcintosh & Associates ($200,000; total not
to exceed $500,000) for Public Works project construction inspection services (calendar
years 2006 and 2007).
u.
v.
Bids:
x.
Reject all bids for traffic signal and lighting system modification at Columbus Street and Mt.
Vernon Avenue.
Miscellaneous:
y.
Street and Storm Drain Appropriations:
1. Appropriate $953,144 Gas Tax Fund Balance (Traffic Congestion Relief, Proposition
42 funds) to the Public Works Department Capital Improvement Budget for street
resurfacing and reconstruction.
2. Appropriate $225,634 Federal Surface Transportation funds to the Public Works
Department Capital Improvement Budget within the SAFETEA-LU Fund for the
2004/2005 Federally Funded Project for reconstruction of various streets.
3. Appropriate $45,610 Sewer Enterprise (Wastewater Treatment Plant 2) fund balance
to the Public Works Department Capital Improvement Budget for the Storm Drain
Improvements Project at S. Mt. Vernon Avenue and Columbus Street at University
Avenue.
3
City Council Meeting of 09/12/2007
12. CONSENT CALENDAR continued
(Ward 2,3,5)
Appropriate $20,000 contribution from First 5 Kern to the Capital Outlay Fund in the
Recreation and Parks Department Capital Improvement Budget for a mini-grant to provide
and install playground safety surfacing at Yokuts, University, Campus Park North and
Quailwood Parks.
Staff recommends adoption of Consent Calendar items a through z.
z.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
15. REPORTS
a. City Council Goals Update.
b. Mill Creek Linear Park Financing Option with State of California Infrastructure Bank (I-Bank).
16. DEFERRED BUSINESS
a. Resolution adopting Military Leave Policy.
Staff recommends Council determination.
b. Resolution adopting Educational Reimbursement Program.
Staff recommends Council determination.
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
&1W~''-1~~
Alan Tandy
City Manager
9/6/07 1 0:45am
4
City Council Meeting of 09/12/2007
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AGENDA HIGHLIGHTS
SEPTEMBER 12, 2007 COUNCIL MEETING
REGULAR MEETING - 5:15 D.m.
CLOSED SESSION
There will be a conference with legal counsel regarding two cases of potential litigation.
CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m.
CONSENT CALENDAR
Ordinances
Item 12c. First Readinc of an Ordinance amendinc the Municipal Code relatinc to the Historic Preservation
Commission. On July 16,2007, the Legislative and Litigation Committee reviewed the proposed changes
and recommended forwarding the revision to full Council for consideration. The current process to approve
a "designated cultural resource" or a "designated historic district" is extensive and requires City Council
Approval. However, the addition of the "areas of historic interest", designation would permit citizens to
recognize their historic neighborhoods and structures with fewer regulations and restrictions. This new
designation will not require City Council approval, but will include adding an appeal process of the City
Council.
Resolutions
Item 12). Resolution Vacatinc Resolutions Approvinc Environmental Impact. Reports. General Plan
Amendments and Zone Chances for the Panama Lane Shoppinc Center and Gosford Villace. As a result
of two lawsuits, the Fifth District Court of Appeal rendered an opinion which held that the EIRs and GPAlZC
for these shopping centers were inadequate. A writ of mandate was issued requiring the City to set aside
its certification of the EIRs and adoption of the GPAlZC. In compliance, the City is undergoing an extensive
environmental review and new EIRs and GPAlZC for both projects, and is vacating the original documents.
The new documents will be considered by the Planning Commission at its September 20,2007 meeting.
Aareements
Item 12p. Acreement with HNTB Corporation for Encineerinc and Environmental Desicn Services for the
South Centennial Corridor in the amount of $8.871.673. This project will consist of approximately three
miles of a six lane freeway facility generally located parallel to the Burlington Northern and Santa Fe rail line
and extending from the east end of the Wests ide Parkway east to Union Avenue, and then connecting north
along Union Avenue to SR 178. Twelve firms responded to the request for qualifications. Based on these
submittals, six firms were interviewed. Based on the rankings of the qualification submittals and the
interviews conducted by the selection committee, HNTB Corporation was selected to provide engineering
and environmental services for the South Centennial Corridor TRIP project. The work scheduled is
approximately 48 months.
Item 12q. Acreement with PB Americas. Inc. for Encineerinc and Environmental Desicn Services for the
West Beltwav. in the amount of $7.036.625. This project will include 12 miles of a new four/six-lane north-
south expressway facility (which will allow for future conversion to a freeway) from 7th Standard Road to SR-
119. Twelve firms responded to the request for qualifications. Based on these submittals, six firms were
interviewed. Based on the rankings of the qualification submittals and the interviews conducted by the
selection committee, PB Americas, Inc. was selected to provide engineering and environmental services for
the TRIP project West Beltway. In accordance with federal procurement procedures for these types of
services, PB Americas, Inc.'s costs for providing services were negotiated by the TRIP staff. The work
'I
schedule is approximately 48 months.
Items 12s & 12t. Aareements with Kern Countv for Sharina the Cost of Consultant Services. Preoaration.
and Coordination of the Metrooolitan Bakersfield General Plan Uodate. The Metropolitan Bakersfield
General Plan is a jointCity/County document that will be updated over the next two years. The City and
County agreed to share all costs. A consultant agreement with Northcutt and Associates in the amount of
$50,000 to coordinate the update, and Pacific Mutual Consultants (PMC) in the amount of $698,974 to
prepare the update was approved by Council on March 28, 2007 and August 27, 2007, respectively. The
County agrees to pay 50% of those costs up to $25,000 for Northcutt and Associates and up to $349,487
for PMC.
Miscellaneous
Item 12y. Street and Storm Drain Aoorooriations. This action appropriates specific funding sources to the
Public Works Department's Capital Improvement Budget: 1 ) Appropriation of $953,144 in Traffic
Congestion Relief (Proposition 42) funds the City received in early August 2006 for street resurfacing and
reconstruction; 2) $225,634 of available federal funds for reconstruction of various streets; and 3) $45,610
in Sewer Enterprise Funds for the previously approved storm drain improvements at 501 South Mt. Vernon
Avenue and Columbus Street at University Avenue.
REPORTS
Item 15a. Citv Council Goals Uodate. The City Council Goals were reformatted to better identify and focus
on significant Council goals and. incorporate other new major goals (such as the TRIP program, Mill Creek,
etc.). The new format identifies the targeted actions which support the completion of the goals. The
updated goals list was streamlined to remove items which were completed, duplicative or included within
other goals, or were no longer relevant. The document is being presented so that City Council can
determine how they want to work on it, that is a special meeting, series of workshops or some other choice.
Item 15b. Mill Creek Linear Park Fjnancina OotiQn with the State of California Infrastructure Bank (I-Bank),
The Bakersfield Redevelopment agency was' invited to submit an application to the State of California
Infrastructure Bank (I-Bank) to provide funding for the Mill Creek Linear Park Project. Staff will provide a
presentation and overview to the City Council regarding this outstanding financing option. Staff is proposing
to borrow approximately $10 million for the Mill Creek Linear Park Project.
DEFERRED BUSINESS
Item 16a. Resolution reaardina Militarv-Pav. The issue of compensation and"benefits for City employees
called to active - military duty was referred to the Personnel Committee. The City's policy was to provide for
military leave as required by law. The issue was discussed by the Personnel Committee on September 4,
2007. Present were Vice-Mayor Hanson and Council Member Weir.
Vice-Mayor Hanson proposed that the City adopt a policy which includes differential pay for a maximum of
15 months, and continuation of City contribution (80% of premium) to Health Benefits where the employee
continues to pay their current 20% of premium.
Council Member Weir proposed that the City use alternative options such as a Contribution Pool, with
vacation or comp time hours donated by other employees to cover Differential Pay and offer continued
Health Insurance using COBRA.
" Two resolutions were prepared to address the two alternates for Council consideration.
Item 16b. Resolution reaardinq Educational Reimbursement. As part of the 9 Point Recruitment &
Retention Plan, staff proposed an enhancement to the current Education Reimbursement Program. The
enhancement would give City employees the opportunity to continue their education by attending non-
September 12, 2007 Agenda Highlights
Page 2
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traditional accredited education institutions which better fit the employees work and life schedule. The
current educational reimbursement program is based on CSUB fee structure of 100% payment of tuition
and fees and 100% cost on required books.
On September 4, 2007 the personnel Committee supported the concept with a change to the benefits
exceeding the current plan that includes an additional 75% reimbursement up to the specific maximums for
amounts exceeding the 100% CSUBcost. This enhanced program will assist employees in furtherance of
their educational goals and eventually their promotional opportunities.
Approved:
Alan Tandy, City Manager
00: Department Heads
Rhonda Smiley, Assistant to the City Manager
City Manager's File
City Clerk's Office
News Media File
September 12, 2007 Agenda Highlights
Page 3
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Closed Session
ITEM: L{ . 0.. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
DEPARTMENT HEAD #-k
CITY ATTORNEY ~ ~
CITY MANAGER ()]D3
September 5, 2007
SUBJECT: Conference with Legal Counsel- Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (Two Cases.)
VG:dll
S:ICOUNCILICI SesslAdmins\07 -08109-12-07PotLit.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Presentations
ITEM: 'i.a..
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER 61u7
SUBJECT: Presentation by Mayor Hall of Proclamation to KC the Bull and William D. Blair, CEO of the
Great Kern County Fair, proclaiming September 19th through 30th, 2007, as "Kern County
Fair Days".
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
August 30,2007
ROVED
RECOMMENDATION:
BACKGROUND:
ndw
August 30, 2007, 11: 1 OAM
S:\MAYORIADMIN\2007\KERN COUNTY FAIR DAYS.DOC
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: 10-.0-.
TO:
Honorable Mayor and City Council
Pamela McCarthy, City Cler~
APPROVED
DEPARTMENTHEA~ ~ Rr
CITY ATTORNEY
CITY MANAGER ~
SUBJECT: Approval of minutes of the July 29, 2007 Regular Council Meeting.
FROM:
DATE:
August 31, 2007
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: ~.h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
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&07
August 30, 2007
SUBJECT: Approval of department payments from August 17, 2007 to August 30, 2007 in the amount
of $8,182,101.12. and self insurance payments from August 17, 2007 to August 30, 2007 in
the amount of $237,966.10.
RECOMMENDATION:
Staff recommends approval of payments totaling $8,420,067.22.
BACKGROUND:
RAR
August 30,2007, 12:24PM
S:\Richard\AP\ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: IJ.. C-.
TO:
Honorable Mayor and City Council
~OVED
DEPARTMENT H~61' j!JLt
CITY ATTORNEY t/ ~
FROM:
DATE:
Donna L. Kunz, Economic Development Director
August 29, 2007
CITY MANAGER
c\lus
SUBJECT: Ordinance amending Section Chapter 15.72 of the Bakersfield Municipal Code relating to
the Historic Preservation Commission.
RECOMMENDATION:
The Legislative and Litigation Committee recommends first reading of the ordinance.
BACKGROUND:
The Historic Preservation Commission has developed new language to be inserted into existing BMC
Chapter 15.72. The purpose of the new language is to develop "areas of historic interest" without the
regulations associated with a "designated cultural resource or a designated historic district." The Areas of
Historic Interest would be formed to bring attention to the many locations in Bakersfield that have historic
qualities and value. Areas of Historic Interest would permit citizens to recognize their historic
neighborhoods or structures. Requests would be submitted to the Historic Preservation Commission for
review and designation.
On July 16,2007, the City Council Legislative and Litigation Committee reviewed the proposed changes to
Chapter 15.72 for an "area of historic interest" and recommended forwarding the new language and
ordinance revision to the full Council for consideration. The current process to approve a "designated
cultural resource" or a "designated historic district" is much more extensive and requires City Council
approval. However, the addition of the "Areas of Historic Interesf' will not require City Council approval
but will include adding an appeal process of the City Council. Staff has reviewed Municipal Code Section
15.72 Historical Preservation with the City Attorney's Office and have incorporated the new appeal
process language and the "areas of historic interest" into the ordinance.
The Economic and Community Development Department will implement a recognition program utilizing
signage and updating walking tours brochures that depict these Areas of Historic Interest. Staff is also
developing an architectural design manual to provide property owners, builder/developers, and persons
interested in historical preservation based on good design plans to assist them in their historic
preservation efforts.
S:\Admins\City Council\City Council Admins 2007\HPC Ordinance 1st Reading.doc
9/4/2007 9:30 AM
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: 1.;2.. d.
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY .
CITY MANAGER ~
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections ~
1.12.010, ~1.12.040 and ~1.12.070 by adding Annexation No. 536 consisting of
109.86 acres, located north of East Panama Lane, on the east side of South Union
Avenue and Annexation No. 546 consisting of 22.32 acres, located south of Berkshire
Road, east of South Union Avenue to Ward 1, Annexation No. 499 consisting of 1,681
acres, located south of Seventh Standard Road, west of Allen Road and Annexation
No. 533 consisting of 53.25 acres, located north of Snow Road, west of Calloway
Drive to Ward 4, and Annexation No. 506 consisting of 183.99 acres, located east of
Wible Road, south of Taft Highway to Ward 7. (Wards 1 , 4 & 7)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
August 27,2007
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 536, 546, 499, 533 and 506 into
corresponding Council ward. These annexations were approved by LAFCO recently.
Annexation No. 536 is located north of East Panama Lane, on the east side of South Union Avenue.
The 109.86 acre site is undeveloped. The property owner proposes the development of single
family homes on the project site. The property owner requested annexation for development
purposes and to receive city services.
Annexation No. 546 is located south of Berkshire Road, east of South Union Avenue. The property
consists of 22.32 acres. The property owner proposes to develop approximately 93 single family
homes. The property owner requested annexation for development purposes and to receive city
services.
Annexation No. 499 is located south of Seventh Standard Road, west of Allen Road. This project
area is known as Rosedale Ranch and consists of 1,681 acres. The proposed is a planned
community development. The property owner requested annexation for development purposes and
to receive city services.
ADMINISTRATIVE REPORT
Page 2
Annexation No. 533 is located north of Snow Road, west of Calloway Drive. The property consists
of 53.25 acres. The property owner proposes to develop approximately 180 single family homes.
The property owner requested annexation for development purposes and to receive city services.
Annexation No. 506 is located east of Wible Road, south of Taft Highway. The property consists of
183.99 acres. The property owner requested annexation for development purposes and to receive
city services.
S:\Annexation\Ordinances\2007\admin\Admin Draft 9-12-07 499. 506.546,533 & 536.DOC
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1:2.. e.
TO:
FROM:
DATE:
SUBJECT:
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on August 29,2007.
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 PO (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.
8/27/2007
Prepared by KShea S:\Dana\ADMINS\2007\Sept\9-12-0999.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 CEQA 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.
8/27/2007
Prepared by KShea S:\Dana\ADMINS\2007\Sept\9-12-0999.Doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: 1;2.. f-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
August 22, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
x;---
I~
~
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zoning Map No. 123-33) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agricultural)
to RE (Recreation) on 188 acres, C-2/P.C.D. (Regional Commercial/Planned Commercial
Development Combining) on 37 acres and M-1 (Light Manufacturing) on 22 acres bounded
by Taft Highway (State Route 119) on the south, Ashe Road on the east, Gosford Road on
the west, and the City of Bakersfield's Wastewater Treatment Plant No. 3 on the north (ZC
06-1002 - City of Bakersfield) (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on August 15, 2007.
The proposed zone change would accommodate the development of the 247-acre Bakersfield Sports
Village Project, which will provide state-of-the-art facilities for a number of active sports, two commercial
sites totaling 37 acres, and 22 acres for a City corporation yard annex, police substation, fire station, and
additional City facilities and offices to support the various uses of the site.
The Planning Commission conducted a public hearing on this zone change and recommended approval to
the City Council on July 5, 2006. 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 could have a significant
environmental effect. Therefore, in accordance with CEQA, an EIR was prepared. The Final EIR was
certified by the City Council on August 15, 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, project related aesthetics (cumulative light and glare
impacts), air quality (cumulative impacts), noise (project mobile noise impacts), and traffirJaccess
(cumulative impacts) impacts would remain significant. Therefore, adoption of CEQA findings and a
statement of overriding considerations by the City Council were required pursuant to Sections 15091 and
15093 of the State CECA Guidelines.
S:\GPA 2nd 2007\06-1002 (Sports Village EIR)\Staff ReportslAdmin Report 9-12-07.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: \~.q.
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
/~PPROVED
DEPARTMENT HEAD Y ./
Ii/)
CITYATTORNEvW4J5 t/J'-f d
CITY MANAGER ~
August 31, 2007
SUBJECT: Resolution ordering the summary vacation of the 40-foot wide Gandola Street (County
Road No. 1985) at the southeast corner of Brimhall Road and Calloway Drive (Ward 5)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, Bakersfield Center Limited, LLC, wants to continue its commercial development of its
property. The new construction will be shops in this area. In order to continue the commercial
development the street needs to be vacated.
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
City has a water line and sewer line in the area and is reserving the street as a Public Utility Easement.
The utility companies serving the area have been notified by mail. The Gas Company also wants an
easement and will be covered in the Public Utility Easement.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area.
The proposed vacation was approved by the Planning Department on August 31, 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.
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: l~. h.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~
SUBJECT: Adoption of Resolution Establishing New Tow Truck Rates
TO:
FROM:
DATE:
Honorable Mayor and City Council
W. R. Rector, Chief
August 31, 2007
RECOMMENDATION: Staff recommends adoption of the new rates for tow truck companies.
BACKGROUND:
The current rates for tow truck services were established in 2005. Due to increases in operational costs
which include fuel, liability, workers compensation insurance, wages, and updated equipment, a rate
increase is requested. The proposed increases align allowable City of Bakersfield tow rates with allowable
tow rates for the Bakersfield Office of the California Highway Patrol.
The proposal would adopt a flat rate system currently in use by the California Highway Patrol and Kern
County Sheriff's Department. This system does away with confusing charges associated with mileage,
winching, and the use of dollies to remove vehicles. The new system would be based on a flat hourly rate
billed in 15 minute increments.
The Bakersfield Police Department completed an annual audit on July 27, 2007 of the tow companies
contracted by the City of Bakersfield. This audit found all contracted companies to be in compliance with
the adopted rates of City Resolution No. 089-05. During this audit it was determined that the average
price per tow was approximately $125.00. The proposed increase to $148.00 hourly reflects an 18%
increase or twenty five dollars per tow, consistent with increases approved in City Resolutions No. 15-95
and 089-05
City Resolution NO.089-05 allows the tow companies to charge $100.00 per tow for light-duty services.
The average rate of $125.00 discovered in the recent audit was attributed to allowable costs specifically
associated with mileage charges beyond a five mile radius of City Hall. The mileage rate allows the tow
companies to charge $5.00 for each mile beyond a five mile radius of City Hall. The provision is both
confusing and antiquated. A flat hourly rate would allow for more expeditious audits of allowable charges
and eliminate costly mileage charges for those residents who live outside the five mile radius of City Hall.
Attempts to locate a "City Radius Map" as referenced in City Resolution NO.15-95 could not be located by
the Bakersfield Police Department or City Attorneys Office.
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 07-08IADMIN RPT (9-13-07) TOW TRUCK RATES. doc
Page 1 of 2
ADMINISTRATIVE REPORT
The proposed rates were calculated using the averaged allowable rates from the California Highway
Patrol's 2007-2008 Rate Schedules for the six tow companies who have current contracts with both the
City of Bakersfield and the Bakersfield Office of the California Highway Patrol. Those companies are:
Golden Empire Towing, H &8 Towing, Barnett's Towing, Louie's Towing, Jim's Towing and Randy's
Towing.
\\citynas\homedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 07-08IADMIN RPT (9-13-07) TOW TRUCK RATES.doc
Page 2 of 2
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I~.i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
August 17, 2007
CITY ATTORNEY
APPROVED
DEPARTMENT HEAD ~
;JmJ
CITY MANAGER X1.J7
SUBJECT: Resolution approving an application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 493 consisting of 1,813.08
acres located west of Allen Road, south of the Kern River. (Wards 4 and 5)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the City of
Bakersfield. The proposed annexation identified as Annexation No. 493 (West Ming) consists of
1,813.08 acres of land. The City Council approved the West Ming project by resolution August 15,
2007, including approval of a general plan amendment, specific plan adoption, zone change, and
development agreement.
The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The
property owner has consented to annexation. The proposal is to annex for development purposes and
to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax split
agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and County of
Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement
"Annexation of Uninhabited Land and Residential Development."
DL:dc
S:\Annexation\Res of Applic\Admin Draft 493.doc
ADMINistRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I~. i.
\J
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
v?
t/~
(j1u7
August31,2007
SUBJECT: 1. Resolution vacating Resolution No. 20-03, which certified final Environmental Impact
Report, Resolution No. 26-:03, which approved General Plan Amendment No. 02-193, and
Zone Change Ordinance No. 4112, which approved concurrent Zone Change No. 02-0193
for the Panama Lane Shopping Center.
2. Resolution vacating Resolution No. 21-03, which certified final Environmental Impqact
Report, Resolution No. 27'-03, which approved General Plan Amendment No. 02-0030,
and Zone Change Ordin~nce No. 4110, which approved concurrent Zone Change No. 02-
0030 for Gosford Village Shopping Center.
RECOMMENDATION:
Staff recommends adoption of the proposed resolutions.
BACKGROUND:
In February 2003, City Council approved an EIR, General Plan Amendment, and Zone Change for
two retail commercial centers, one knowh as the Panama Lane Shopping Center and the other known as
the Gosford Village Shopping Center.
Subsequently, the adequacy of the EIRs, General Plan Amendments, and Zone Changes were
challenged in two lawsuits filed in Kern County Superior Court, each entitled "Bakersfield Citizens for Local
Control v. City of Bakersfield, et al." In December 2004, the Fifth District Court of Appeal rendered an
opinion which held that the EIRs were inadequate in certain respects and directed that a writ of mandate
issue requiring the City to set aside its certification of the EIRs and adoption of the General Plan
Amendments and Zone Changes.
In compliance with the writ of mahdate, the City is undergoing an extensive environmental review
and new EIRs, General Plan Amendments, and Zone Changes for both projects are scheduled to be
considered by the Planning CommissioN at its September 20, 2007 meeting. In further compliance with
the writ of mandate, the City must vacate and void the original EIRs, General Plan Amendments, and
project approvals. These resolutions accomplish the Court's direction in this regard.
RMS:lsc
August 31, 2007, 12: 1 OPM
S:\CQUNC ILlAdmins\07-08 AdminsIVacE IR.Pan99&GosViII.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: IQ.~.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 30, 2007
APPROVED
DEPARTMENT HEAD ~/{/t
CITY ATTORNEY '1C14J-
CITY MANAGER ~
SUBJECT: 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 3, 4, 5)
1. Area 1-73 (Rosedale, Froehlich SE)
2. Area 3-67 (McCutchen, Old River NW)
3. Area 4-79 (Panorama, Juniper Ridge E)
4. Area 4-80 (Bernard, Oswell NW)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On August 29, 2007 the Council adopted Resolution of Intention No's. 1516, 1524,
1550 and 1551 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. ~
Sep 12_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1:1. I.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD /L
CITY ATTORNEY ~
CITY MANAGER ~
August29,2007
SUBJECT: Resolution of Intention No. 1553 to add territory, Area 3-73 (McAllister Ranch #1) 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 owner(s) of
Tentative Tract No's. 5900, 6558, 6559, 6560, 6561, and 6563 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 3-73 is generally bounded by a line approximately 500 feet south of Pacheco Road on
the north, Comenius Road on the east, Panama Lane on the south and Stetson Way 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(s) 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(s)
also have submitted a Proposition 218 ballot 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,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps. A copy of these covenants is attached for reference.
mr
August 29,2007, 11 :10AM
MD3-73Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I~. fY\.
TO:
FROM:
DATE:
PROVED
'I '
DEPARTMENT HEAD ,/ ( l
CITY ATTORNEY /8trJJ
CITY MANAGER ~
SUBJECT: Resolution of Intention No. 1554 to add territory, Area 4-81 (California, "P" NW)) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 2).
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August 28, 2007
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11740 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 4-81 is generally bounded by a line
approximately 600 feet north of California Avenue on the north, lip" Street on the east, California Avenue
on the south and "M" 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 28, 2007. 12:30PM
MD4-81 RiOS.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: 1.;2.. n.
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY~
CITY MANAGER ~
SUBJECT: Resolution of Intention No. 1555 to add territory, Area 5-39 (McCall, Mesa Grande NW) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 7).
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
August28,2007
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of the
property described as 2900 and 2904 McCall Avenue and 3501 and 3505 Mesa Grande Street to be
included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal
Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park
and street landscaping. Area 5-39 is generally bounded by a line approximately 330 feet north of McCall
Avenue on the north, Mesa Grande Street on the east, McCall Avenue on the south and a line
approximately 132 feet west of Mesa Grande Street on the west. This area will be under the park and
streets cape 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 28, 2007. 11 :50AM
MD5-39Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: 1c2.0.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
, I/;
1
, ,i
~
~
August 27, 2007
SUBJECT: Curnow Planned Sewer Area (VVard 6):
1. Resolution of Intention No. 1556 to establish the Curnow Planned Sewer Area and
preliminarily approving the boundaries of the area and the cost and fee schedule.
2. First Reading of Ordinance amending Section 16.32.060 of the Bakersfield
Municipal Code relating to Sewer Facilities by adding the Curnow Planned Sewer
Area.
RECOMMENDATION: Staff recommends adoption of resolution of intention and give first reading to
ordinance.
BACKGROUND: The City plans to construct a sewer trunkline in Ashe Road and Curnow Road west of
Ashe Road to serve an area generally bounded by Hosking Road and McKee Road on the north, Stine
Road on the east, Engle Road on the south and Eberle Road on the west. This project will be funded
through developer contributions and assessment district proceedings. These funds will be reimbursed as
new developments and existing parcels within the area connect to the sewer trunkline.
This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the
assessment fee schedule.
This ordinance adds the Curnow Planned Sewer Area to the list of Sewer Areas for which developers and
residents are charged at time of development or connection to pay the cost of constructing the sewer
facilities.
mps
August 30,2007, 10:06AM
G:\GROUPDA T\ADMINRPT\2007\09-12\Curnow Psa ROlls.DOC
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I~.o.
,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
,,~ROVED
DEPARTMENT HEAD (/1 L
CITY ATTORNEY ~
CITY MANAGER C105
August29,2007
SUBJECT: Design Consultant Agreement with HNTB Corporation ($8,871,673) for Engineering and
Environmental Services for the South Centennial Corridor. (Ward 2)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Engineering and Environmental
Services for Thomas Road Improvement Program (TRIP) Large-Sized Projects. Twelve firms responded
to this RFQ:
DMJM Harris (Orange County, California)
HNTB Corporation (Santa Ana, California)
Nolte/Mark Thomas (San Jose, California)
Parsons Brinckerhoff (Los Angeles, California)
Tetra Tech, Inc. (Longmont, Colorado)
Washington Group International (Irvine, California)
Lim and Nascimento (San Bernardino, California)
Mark Thomas (San Jose, California)
Moffatt & Nichol (Long Beach, California)
PSOMAS (Sacramento, California)
Katz, Okitsu (Monterey Park, California)
RBF (Camarillo, California)
Based on a review of their qualification submittals, the selection committee invited the first six of the firms
listed above to interview with the committee. Interviews were held on September 13 and 14, 2006. Based
on the rankings of the qualification submittals and the interviews, HNTB Corporation was selected to
provide engineering and environmental services for the South Centennial Corridor TRIP project. In
accordance with federal procurement procedures for these types of services, after HNTB Corporation was
selected, their cost for providing these services was then negotiated by the TRIP staff.
The scope of services provided by HNTB will include: project management, preliminary engineering,
environmental document preparation and approval, geotechnical support, and public outreach. Conceptual
engineering provided will support the environmental document and meet the needs of the National
Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) requirements. The
work schedule for HNTB is approximately 48 months.
August 29, 2007, 11 :55AM
G:\GROUPDAl\ADMINRPT\2007\09-12\HNTB Agreement Admin.doc
ADMINISTRATIVE REPORT
This project will consist of approximately three miles of a six lane freeway facility generally located parallel
to the Burlington Northern and Santa Fe rail line and extending from the east end of the Westside Parkway
east to Union Avenue, and then connecting north along Union Avenue to SR 178.
Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's
Office for review.
August 29, 2007, 11 :55AM
G:\GROUPDAl\ADMINRP1\2007\09-12\HNTB Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: August 29, 2007
AGENDA SECTION: Consent Calendar
ITEM: 12.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
~
~
August 16, 2007
CITY MANAGER n10s
SUBJECT: Design Consultant Agreement with PB Americas, Inc., ($7,036,625) for Engineering and
Environmental Services for West Beltway. (Wards 4 and 5)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Staff issued a Request for Qualifications (RFQ) for Engineering and Environmental
Services for Thomas Road Improvement Program (TRIP) Large-Sized Projects. Twelve firms responded
to this RFQ:
DMJM Harris (Orange County, California)
HNTB Corporation (Santa Ana, California)
Nolte/Mark Thomas (San Jose, California)
PB Americas, Inc. (Parsons Brinckerhoff ) (Los Angeles, California)
Tetra Tech, Inc. (Longmont, Colorado)
Washington Group International (Irvine, California)
Lim and Nascimento (San Bernardino, California)
Mark Thomas (San Jose, California)
Moffatt & Nichol (Long Beach, California)
PSOMAS (Sacramento, California)
Katz, Okitsu (Monterey Park, California)
RBF (Camarillo, California)
Based on a review of their qualification submittals, the selection committee invited the first six of the firms
listed above to interview with the committee. Interviews were held on September 13 and 14, 2006. Based
on the rankings of the qualification submittals and the interviews, PB Americas, Inc. was selected to
provide engineering and environmental services for the TRIP project West Beltway. In accordance with
federal procurement procedures for these types of services, after PB Americas, Inc. was selected, their
cost for providing these services was then negotiated by the TRIP staff. --
The scope of services provided by PB Americas, Inc. will include: project management, preliminary
engineering, environmental document preparation and approval, geotechnical support, and public
outreach. Conceptual engineering provided will support the environmental document and meet the needs
of the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA)
requirements. The work schedule for PB Americas, Inc. is approximately 48 months.
August 30, 2007, 2:38PM
G:\GROUPDAT\ADMINRPT\2007\09-12\PB Agreement Admin.doc
ADMINISTRATIVE REPORT
This project environmental document will include 12 miles of a new four/six-lane north-south expressway
facility (which will allow for future conversion to a freeway) from ih Standard Road to SR-119. The
alignment is generally parallel to and between Heath Road and Allen Road. Intersections/future
interchanges are anticipated at ih Standard Road, Kratzmeyer Road, Hageman Road, Rosedale Highway,
Brimhall Road, Westside Parkway, Ming Avenue, White Lane, Panama Lane, McCutcheon Road, and Taft
Highway.
Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's
Office for review.
August 30, 2007, 2:38PM
G:\GROUPDAl\ADMINRPl\2007\09-12\PB Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: I~. '(",
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Ol~
t~ -h-r.-. ~/ {:-
610
August 7, 2007
SUBJECT: Agreement with ComplQ for Workers' Compensation Bill Review Services in an amount not to
exceed $150,000 for a twelve-month period to be paid from the Self-Insurance Fund.
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
In July 2005, the City Council approved an agreement with the workers' compensation bill review
firm of ComplQ to provide medical bill review services that consist of reducing medical provider charges to
conform to State mandated guidelines.
The agreement approved in 2005 was for a term of two years with an optional third year at the
discretion of the City. The City has been very pleased with the services received from ComplQ and
wishes to exercise its option to renew the contract for the third year.
ComplQ charges $7 per bill reviewed plus twenty percent (20%) of savings realized. During the
past twelve (12) months, the City has realized a net savings of $1,807,829.56. Gross fees paid to
ComplQ during that period totaled $73,290.32. The contract calls for fees not to exceed $150,000 in any
single year.
RAK
August 7,2007, 1 :26PM
S\Ralph\Contracts\CompIQ Admin Report--2007.doc
ADMINISTRATIVE REPORT
MEETING DATE:
September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM NO: 1;;2...5.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
August29,2007
APPROVED
DEPARTMENT HEAD ~.
CITY ATTORNEY ~
CITY MANAGER --61l:Z.
SUBJECT: Metropolitan Bakersfield General Plan Update. (All Wards)
1. Agreement with Kern County ($50,000) for sharing the cost of consultant services of
Northcutt and Associates for coordination of the Metropolitan Bakersfield General Plan
update.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Metropolitan Bakersfield General Plan is a joint City of Bakersfield/Kern County adopted general plan
document that will be updated over the next two years. A consultant agreement with Northcutt and Associates to
coordinate the update was approved by the City Council on March 28, 2007. The City and County previously
agreed to share all costs associated with the update and this agreement formalizes that arrangement with fixed
costs. The approved agreement with Northcutt and Associates to coordinate the update is $50,000, of which the
County agrees to pay 50% of those costs up to $25,000. The total cost of the update is already budgeted for this
fiscal year.
August 29, 2007, 8:22AM
JGE: S:\DanaIADMtNS\2007\Sept\9-12 KC agreement-NA.doc
ADMINISTRATIVE REPORT
MEETING DATE:
September 12,2007
AGENDA SECTION: Consent Calendar
ITEM NO: l~. t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
August29,2007
APPROVED
DEPARTMENTHEAD ~
CITY ATTORNEY Pln4
CITY MANAGER (j]A~
SUBJECT: Metropolitan Bakersfield General Plan Update. (All Wards)
1. Agreement with Kern County ($698,974) for sharing the cost of consultant services of
Pacific Mutual Consultants for the preparation of the Metropolitan Bakersfield General
Plan update.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
The Metropolitan Bakersfield General Plan is a joint City of Bakersfield/Kern County adopted general plan
document that will be updated over the next two years. A consultant agreement with Pacific Mutual Consultants
(PMC) to prepare the update was approved by the City Council on August 27,2007. The City and County
previously agreed to share all costs associated with the update and this agreement fonnalizes that arrangement
with fixed costs. The approved agreement with PMC to prepare the update is $698,974, of which the County
agrees to pay 50% of those costs up to $349,487. The total cost to prepare the update is already budgeted for
this fiscal year.
August 29, 2007, 8:23AM
JGE: S:\DanaIADMINS\20071Sept\9-12 KC agreement-PMC.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Consent Calendar
ITEM: (;t. u..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
tfll/
I8m1
August 24, 2007
CITY MANAGER 0/A57
SUBJECT: Tract Maps and Improvement Agreements
1. Amendment No. 1 to Improvement Agreement No. 06-149 with JP/CP
Development, INC., for Tract 6295 Phase 1 located south of Brimhall Road and
east of River Ranch Drive. Developer shall retrofit the existing block wall at the
south end of the property, to mitigate anticipated noise from the proposed
Westside Parkway. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
August 24, 2007, 9:40AM
G:\GROUPDA T\ADMINRPT\2007\09-12\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I~. V,
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER4kJ5,
August 1, 2007
SUBJECT: Amendment No. 1 to Agreement No. 06-387 with Paladino West, LLC, for the relocation of
a Southern California Edison transmission within the Paladino Drive right-of-way. (Ward 3)
RECOMMENDATION: Staff recommends approval of the amendment to the agreement.
BACKGROUND: On December 13, 2006, the City entered into an agreement with Paladino Hills, LLC,
for the relocation of a Southern California Edison (SCE) transmission tower. This agreement required that
the relocation of this tower be completed within 270 days of the execution of the agreement. The City has
been notified by letter (attached) that SCE will be unable to complete the tower relocation by the original
date. SCE had problems in ordering the parts for the new tower, which has delayed the project until after
their peak demand period - May through September.
Staff is recommending a one year extension of the agreement.
mps
August 17, 2007, 11:44AM
G:\GROUPDAT\ADMINRPT\2007\09-12\amend 1 to 06-387 Paladino Hills.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENqA SECTION: Consent Calendar
ITEM: 1~.vJ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
ffL
MnA
61cJ7
August 21, 2007
SUBJECT: Amendment NO.1 to Agreement No. 05-443 with Mcintosh & Associates, ($200,000 for a
total not-to-exceed compensation clause of $500,000) for Construction Inspection Services
for Public Works Projects, Calendar Years 2006 and 2007.
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: Agreement No. 05-443 with Mcintosh & Associates was approved by the City Council
on December 14, 2005 with a not to exceed compensation clause of $300,000. The amount of
compensation was estimated based upon 1) previous years' contracts for inspection services, 2) projected
amount of inspection services needed for the budget years covered, and 3) current and projected hourly
rates of the construction inspection service providers.
The projected amount of construction services needed for this contract was based on the level of
residential and commercial development activity from the years prior to the contract. The City has
experienced unanticipated inspection needs resulting from .unprecedented growth during this period.
While the growth of residential development has recently leveled off, an increase in commercial and permit
related construction has more than made up for the decline in tract construction.
In addition, because of several vacancies within the Construction Division, the use of outside inspection
services has increased.
This amendment adjusts the total compensation to $500,000. No appropriations are necessary since
these agreements will be funded by either budgeted capital improvement projects or by inspection fees
collected from developers.
G:\GROUPDAMDMINRPT\2007\09-12\Admin.Report Amend 1 to 05-443.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: 161 . X'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
1/
DEPARTMENT HEAD'! i,1 "
CITY ATTORNEY ~
CITY MANAGER (f1Ao
August 30, 2007
SUBJECT: Reject all bids for Traffic Signal and Lighting System Modification at Columbus Street
and Mt Vernon Avenue (Ward 3).
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: This project includes modification of a traffic signal and lighting system at the
intersection of Columbus Street and Mt Vernon Avenue. Two bids were received on July 18, 2007. Both
bids were significantly higher than the engineer's estimate of $117,350.00.
Staff will review the project and look for alternative ways of construction.
Two bids were received on July 18, 2007 as follows:
Freeway Electric
5942 Acorn Street
Riverside, CA 92504
(Out of town)
I n the amount of
$183,590.00
Loop Electric
7040 Downing Avenue
Bakersfield, CA 93308
(County)
In the amount of
$212,680.00
kb
Project # T7K130
G:\GROUPDA T\ADMINRPT\2007\09-12\AdminRpt TS Columbus Mt Vernon.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I:l..v.
I
TO:
Honorable Mayor and City Council
FROM:
Raul Rojas, Public Works Director
DATE:
August 22, 2007
SUBJECT: Street and Storm Drain Appropriations:
1. Appropriate $953,144 Gas Tax Fund Balance (Traffic Congestion Relief, Proposition 42
funds) to the Public Works Department's Capital Improvement Budget for street
resurfacing and reconstruction.
2. Appropriate $225,634 Federal Surface Transportation funds to the Public Works
Department's Capital Improvement Budget within the SAFETEA-LU Fund for the
2004/2005 Federally Funded Project for Reconstruction of Various Streets (Wards 2, 3,
4, 5, and 6).
3. Appropriate $45,610 Sewer Enterprise (Wastewater Treatment Plant 2) fund balance to
the Public Works Department's Capital Improvement Budget for the Storm Drain
Improvements Project at South Mt. Vernon Avenue and Columbus Street at University
Avenue (Wards 1 and 3).
RECOMMENDATION: Staff recommends approval of appropriations.
BACKGROUND: This Administrative Report appropriates specific funding sources to the Public Works
Department's Capital Improvement Budget.
Item 1: This item appropriates the remaining Traffic Congestion Relief (Proposition 42) funds the City
received in early August 2006. The funds will be used for street resurfacing and reconstruction.
Item 2: At the April 26, 2006 Council meeting, the 2004/2005 Federally Funded Project for Reconstruction
of Various Streets was awarded. There is an additional $225,634 of federal funds available for this project
which needs to be appropriated.
Item 3: At the August 15, 2007 Council meeting, a contract was awarded to Montes Pacific Engineering
for storm drain improvements at 501 South Mt. Vernon Avenue and Columbus Street at University
Avenue. Sewer Enterprise funds should have been appropriated at the time of award for this bid.
G:\GROUPDA TlADMINRPTI2007\09.12\Mlsc Approprlatlons.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Consent Calendar
ITEM: I~. 2..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Dianne Hoover, Director of Recreation & Parks
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY /R
CITY MANAGER 6l<s7
August 30, 2007
SUBJECT: Appropriate $20,000 contribution from First 5 Kern to the Capital Outlay Fund in the
Recreation and Parks Department Capital Improvement Budget for a mini-grant to provide
and install playground safety surfacing at Yokuts, University, Campus Park North and
Quailwood Parks (Wards 2,3 and 5).
RECOMMENDATION:
Staff recommends approval of appropriation.
BACKGROUND:
In July 2006, the Recreation and Parks Department received a $20,000 "mini-grant" from First 5 Kern to
provide and install playground safety surfacing at specific city parks. The project consists of installing
approximately 500 square feet each of ADA-rubberized surfacing at Yokuts, University, Campus Park
North, and Quailwood. The project will insure an accessible path and resilient safety surface is provided
to the 2-5 year old play structures at these parks.
By utilizing funds which had already been budgeted in the Capital Improvement Program to install
playground safety surfacing at Yokuts and University Parks, the City was able to provide a 100% match
and add Campus Park North and Quailwood Park to the project. Council approved the original
appropriation for this grant on July 19, 2006 to the Recreation and Parks Department General Fund
Operating Budget; however, the funds need to be re-appropriated to the Capital Outlay Fund as part of the
projects already budgeted for Yokuts and University Parks.
August 30, 2007, 11 :40AM:rlj
S:IADMINISTRATION DIVISIONlAdmin Rpts\2007 Admins\First 5 Grant-Admin_S-Q7.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12,2007
AGENDA SECTION: Reports
ITEM: 1'5.a .
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
September 5, 2007
APPROVED
DEPARTMENTHEAD~,
CITY ATTORNEY~
CITY MANAGER (flA-6
SUBJECT: City Council Goals Update
RECOMMENDATION: Council Determination.
BACKGROUND:
Attached is an updated version of City Council Goals which have been reformatted to better identify and
focus on significant Council goals and incorporate other new major goals (such as the TRIP program, Mill
Creek, etc.). The new format also identifies the targeted actions which support the completion of the
goals. The updated goals list has been streamlined to remove those items which have been completed,
were duplicative or were included within other goals, or were no longer relevant. Additionally, a review
was done to relocate some items which were common among several goals (such as pursuit of grant
funding) to the "Guiding Principles" section to eliminate duplication among goals. The goals have been
reviewed and discussed with the Department Heads, who have contributed to the update and changes.
There are three documents included with this administrative report. The first is a summary which shows
just the major goals. The second includes the goals with the Target Actions and Guiding Principles. The
third is a copy of the goals that were adopted in 2005.
Council goals provide policy guidance to staff for budgetary and program implementation. The Council
may choose to further update these goals or make additional modifications as desired.
September 5,2007, 8:14AM
S:\Admin Rptsl2005\Council goals admin 09-12-07.doc
JWSal
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Reports
ITEM: 1'5.b.
TO:
Honorable Mayor and City Council
~
DEPARTMENTH~~
CITY ATTORNEY ~
CITY MANAGER ()105
FROM:
DATE:
Donna L. Kunz, Economic Development Director
September 5, 2007
SUBJECT: Millcreek Linear Park Financing Option with the State of California Infrastructure Bank (1-
Bank). (Wards 1 & 2)
RECOMMENDATION:
No action required.
BACKGROUND:
The Bakersfield Redevelopment Agency has been invited to submit an application to the State of
California Infrastructure Bank (I-Bank) to provide funding for the Mill Creek Linear Park Project.
Staff will provide a presentation and overview to the City Council regarding this outstanding financing
option which provides low interest, 3.5% loans to pUblic agencies for a wide variety of infrastructure
projects including canal & recreational facility improvements. Staff is proposing to borrow approximately
$10 million for the Mill Creek Linear Park Project. Repayment of the loan would come from the Old Town
Kern and Southeast Project Areas combined and will be repaid over a period of 30 years.
S:\Admins\City Council\City Council Admins 2007\Millcreek Linear Park Financing Option(IBank).doc
9/5/2007 8:29 AM
REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Deferred Business
ITEM: (~.4...
TO:
FROM:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
00?
J/~
0lJ7
Javier Lozano, Human Resources Manager
DATE:
September 6, 2007
DEPARTMENT HEAD
CITY ATTORNEY
SUBJECT: Resolution adopting a Military Leave Policy
RECOMMENDATION:
City Council Determination
BACKGROUND:
Councilmember Couch referred the issue of the City's Military Leave Policy to the Personnel Committee
for review. Questions have been raised concerning compensation and benefits for City employees called
to active military duty. The City's policy has been to provide for military leave as required by law. The
policy applies whether the employee is being placed on annual active duty training status of a few weeks
or for longer assignments as required by law.
The Personnel Committee met on September 4, 2007 to review the issue and the attached memo dated
August 30, 2007, entitled Military Leave Changes was provided by staff for discussion purposes. Present
were Vice-Mayor Hanson and Council Member Weir. Both members present had differing proposals so
Staff is seeking input and direction from City Council.
Alternate A
Vice-Mayor Hanson has proposed that the City adopt a policy which includes:
. Differential pay for a maximum of 15 months; and
. Continuation of City contribution (80% of premium) to Health Benefits where employee continues
to pay their current 20% of premium.
Alternate B
Council Member Weir has raised concerns with cost and proposed that the City explore alternative options
such as a Contribution Pool where other employees can voluntarily donate vacation and compensatory
time. This time would then be allocated to employees on Military Leave to cover Differential Pay and
Benefit cost.
Two alternative resolutions have been prepared which address the two alternates discussed by the
Personnel Committee members for Council consideration. Staff will update the Military Leave Policy to
reflect adopted changes and to meet compliance with any updated laws and regulations pertaining to
military leave. All City employees will be subject to this updated Military Leave Policy.
S:\Resolutions - 2007\Military Leave\Military Leave Admin 9-07.doc
ADMINISTRATIVE REPORT
MEETING DATE: September 12, 2007
AGENDA SECTION: Deferred Business
ITEM: It,. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
September 6, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
6ZU7
V~
(jh)7
Javier Lozano, Human Resources Manager
DEPARTMENT HEAD
SUBJECT: Resolution adopting Education Reimbursement Program
RECOMMENDATION:
The Personnel Committee recommends adoption of resolution.
BACKGROUND:
As part of the Recruitment & Retention effort Staff has proposed an enhancement to the current Education
Reimbursement Program offered by the City. This effort was to address the opportunity for City employees
to continue their education by attending non-traditional accredited educational institutes (e.g. University of
La Verne, University of Phoenix, National University, online programs, etc.) which better fit the City
employee's work and life schedule. This is particularly important for employees who do shift work (e.g.
Public Safety) who have difficulty taking traditional University programs.
Currently the educational reimbursement program is based on the California State University
Bakersfield (CSUB) fee structure. The program consists of the following features:
. 100% payment of tuition and fees equivalent to the CSUB tuition and fees
. 100% cost on required books
This enhancement would encourage education through accredited non-traditional education sources,
making it easier for any employee to continue their education.
The Personnel Committee met on September 4, 2007 to review a proposed enhancement and supported
the concept with a change to the benefits exceeding the current plan. The plan would be changed to
include an additional 75% reimbursement up to the specific maximum for any amount exceeding the 100%
CSUB cost. Attached you will find a copy of the proposed enhancement with the recommended change.
Enhancing the City's current Education Reimbursement program was part of the 9 Point Recruitment
and Retention Plan proposed to the Personnel Committee in April 2007. The Personnel Committee
supported the concept but needed additional clarity on whether the City could legally have a
promissory note obligation for any monies invested in an employee's education. While the promissory
note was note feasible, it is recommended that employees participating in the program sign a pledge
note which requires a pro-rated repayment if the employee leaves City employment within 24 months
of receiving reimbursement from the City. The purpose of the enhancement was to encourage
employees to continue their education and therefore develop them as better qualified candidates for
S:\Resolutions - 2007\Education Reimbursement\Education Reimbursement 9-07.doc
ADMINISTRATIVE REPORT
Page 2
future City positions. This Policy would be a benefit for City employees to continue their education
and not a requirement of employment or a condition of continued employment.
S:\Resolutions - 2007\Education Reimbursement\Education Reimbursement 9-07.doc
9/6/20079:54 AM
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF AUGUST 29, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5: 15 and 6:30 p.m.
ACTION TAKEN
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Hanson, Sullivan
(seated at 5:25 p.m.), Scrivner
Absent:
None
2. PUBLIC STATEMENTS
None.
3. APPOINTMENTS
None.
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.
ASS WEIR
Ordinances:
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)
FR
Bakersfield, California, August 29, 2007 - Page 2
4.
CONSENT CALENDAR continued
d. Adoption 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.
2.
3.
Ordinance amending Section 12.16.140
relating to construction work in streets.
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.
4.
5.
6.
7.
e.
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)
f.
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.)
Resolutions:
g.
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.
ACTION TAKEN
ORD 4449
ORD 4450
ORD 4451
ORD 4452
ORD 4453
ORD 4454
ORD 4455
ORD 4456
ORD 4457
AGR 07-310
RES 165-07
RES 166-07
Bakersfield, California, August 29, 2007 - Page 3
4. CONSENT CALENDAR continued ACTION TAKEN
h. Resolution approving Form and Substance of RES 167-07
Acquisition & Disclosure Agreement and AGR 07-311
authorizing changes to and execution of, for
Assessment District No. 07-1 (Vista View
Estates) .
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.
1. Area 1-70 (Calloway, Brimhall SE) RES 168-07
2. Area 1-72 (ih Standard, Jewetta SE) RES 169-07
3. Area 3-72 (Gosford, McKee SW) RES 170-07
j. Resolution of Intention No. 1516 to add territory, ROl1516
Area 3-67 (McCutchen, Old River NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
k. Resolution of Intention No. 1524 to add territory, ROl1524
Area 1-73 (Rosedale, Froehlich SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
I. Resolution of Intention No. 1550 to add territory, ROl1550
Area 4-79 (Panorama, Juniper Ridge E) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
m. Resolution of Intention No. 1551 to add territory, ROl1551
Area 4-80 (Bernard, Oswell NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Bakersfield, California, August 29,2007 - Page 4
4. CONSENT CALENDAR continued ACTION TAKEN
Agreements:
n. Agreement with PCL Industrial Services, Inc. AGR 07-312
($72,000 annually) to lease land at the
Bakersfield Municipal Airport to expand their
operations.
Agreement with Standard Pacific Corp. ($133,000) AGR 07-313
o. DEED 6748
to purchase real property located west of Old River DEED 6749
Road and north of Panama Lane for a water well
site.
p. Agreement with Greater Bakersfield Convention and AGR 07-314
Visitors Bureau.
q. Agreement with Northcutt & Associates ($78,500) to AGR 07-315
prepare the update of the Housing Element of the
Metropolitan Bakersfield General Plan. (GPA No.
07-1519).
r. Agreement with Pacific Municipal Consultants AGR 07-316
(PMC) ($698,974) to prepare the update to the
Metropolitan Bakersfield General Plan.
s. Amendment No. 1 to Agreement No. 06-325 with AGR 06-325(1)
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.
t. Amendment No. 1 to Agreement No. 07-037 with AGR 07-037(1)
KSA Partners (not to exceed $850,000) for HOME
Investment Partnership funds to develop 72
affordable family apartments at 1601 Lotus Lane.
u. Amendment No. 1 to Agreement No. 06-324 with AGR 06-324(1)
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.
v. Amendment NO.2 to Agreement No. 06-053 with AGR 06-053(2)
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 CC006-303(4)
w. CC006-303(5)
Agreement No. 06-303 with Griffith Company CC006-303(6)
($122,785.32 increase; revised not to exceed CC006-303(7)
$7,916,336.27) for Brundage Lane Sewer CC006-303(8)
Replacement.
Bakersfield, California, August 29, 2007 - Page 5
4. CONSENT CALENDAR continued ACTION TAKEN
Bids:
x. Accept bid and award contract to Floyd Johnston AGR 07-317
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.
y. 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:
Amendment to the FY05/06 Action Plan to add a ASS COUCH
ee.
$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.
ff. Quitclaim Deed to David R. Wilson, Trustee of the DEED 6750
Wilson Revocable Trust and Wilson/Brimhall, LLC DEED 6751
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.
Bakersfield, California, August 29, 2007 - Page 6
4.
CONSENT CALENDAR continued
gg.
Grant of Easement to California Water Service for a
pipeline to 825 E. White Lane.
City Clerk McCarthy announced correction to item
4.a.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.
Councilmember Couch announced he would abstain
from item 4.ee. due to a client owning property within
300 feet.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 4.a. through item 4.gg. with correction
to item 4.a.
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.
b. 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.
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.
ACTION TAKEN
DEED 6752
APPROVED
RES 171-07
RES 172-07
Bakersfield, California, August 29,2007 - Page 7
5.
CONSENT CALENDAR HEARINGS continued
c. 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.
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.
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.
2.
d.
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), % mile north of
Breckenridge Road.
1. Resolution denying the general plan
amendment changing the land use
designation from R-MP (Resource-Mineral
Petroleum) and OS (Open Space) to LR
(Low Density Residential) on 60 acres.
2. Resolution denying the amendment to Title
17 of the Municipal Code (Zone Map No.
104-28) from A (Agriculture) to R-1 (One
Family Dwelling) on 60 acres.
ACTION TAKEN
RES 173-07
FR
CONTINUED TO NEXT
GPA CYCLE
Bakersfield, California, August 29, 2007 - Page 8
5.
CONSENT CALENDAR HEARINGS continued
e.
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.
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.
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 Wests ide Parkway project. (Code Civ. Proc. 9
1240.010)
f.
g.
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
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.
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.
2.
ACTION TAKEN
RES 176-07
RES 177-06
RES 178-07
RES 179-08
FR
Bakersfield, California, August 29, 2007 - Page 9
5.
CONSENT CALENDAR HEARINGS continued
i.
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.
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.
City Clerk McCarthy announced correspondence
was received from staff replacing language in
exhibits A and C regarding transportation facility
fees on items 5.b., 5.c. and 5.h.; correspondence
was received from staff adding a new condition to
item 5.h. and from Jim Lamberson in opposition to
the approval of item 5.d.
Hearings opened at 5:20 p.m.
No one spoke.
Hearings closed at 5:20 p.m.
Motion by Vice-Mayor Hanson to approve staff
recommendations for Consent Calendar Hearing items
5.a. through 5.i with proposed language changes to
exhibits A and C on items 5.b., 5.c. and 5.h. and new
condition added to item 5.h.
ACTION TAKEN
REFERRED TO STAFF
APPROVED
AS SULLIVAN
Bakersfield, California, August 29, 2007 - Page 10
6.
CLOSED SESSION
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 Shatter, 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
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:22 p.m.
Motion by Councilmember Scrivner to adjourn from
Closed Session at 6:52 p.m.
RECONVENED MEETING - 7:03 p.m.
7. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham,
Weir, Couch, Sullivan, Scrivner
Absent:
None.
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.
Mayor Hall acknowledged students from Ridgeview High
School Government and ELD classes in attendance at the
meeting.
ACTION TAKEN
APPROVED
APPROVED
Bakersfield, California, August 29, 2007 - Page 11
10.
CLOSED SESSION ACTION
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 Shatter, et al - KCSC Case No.
S-1500-CV -260277 -RJ 0
City v North Kern Water Storage Dist, et al -
KCSC Case No. S-1500-CV-260360-
AEW.
City v Oildale Mutual Water Company,
KCSC Case No. S-1500-CV-260384-LPE
2.
3.
11. PRESENTATIONS
a. Presentation by Mayor Hall of Certificates to Kern
River Volleyball Club's 13 & Under Elite Team
Champions.
Coach Harris made comments.
b. Presentation by Mayor Hall of Proclamation to
Gregory D. Bynum proclaiming September 6,
2007, as Gregory D. Bynum Day.
Mr. Bynum accepted the Proclamation and made
comments.
12. PUBLIC STATEMENTS
a. Jayme Seeger and James Carden spoke regarding
immigration.
13. REPORTS
None.
ACTION TAKEN
NO REPORTABLE
ACTION
STAFF GIVEN
DIRECTION
STAFF GIVEN
DIRECTION
STAFF GIVEN
DIRECTION
Bakersfield, California, August 29, 2007 - Page 12
14.
HEARINGS
ACTION TAKEN
a. 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.
City Clerk McCarthy announced correspondence
was received from the appellant requesting the
issue be returned to the Board of Zoning
Adjustment.
Staff comments by Development Service Director
Grady.
Hearing opened at 7:28 p.m.
Lisa McFadden, applicant, introduced herself.
Hearing closed at 7:29 p.m.
Motion by Councilmember Benham to return the issue
to the Board of Zoning Adjustment for resolution.
APPROVED
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,OOO sq. ft. minimum lot size) zone at
3649 Hosking Avenue.
RES 180-07
City Clerk McCarthy announced correspondence
was received from various property owners within
the noticed area in support of the staff
recommendation to deny the Conditional Use
Permit.
Staff comments by Development Services Director
Grady.
Hearing opened at 7:31 p.m.
Bakersfield, California, August 29, 2007 - Page 13
14.
HEARINGS continued
Item 14.b. continued
Maria Hernandez spoke in opposition to the staff
recommendation.
Dirk Obenshain spoke in favor of the staff
recommendation.
Hearing closed at 7:36 p.m.
Motion by Councilmember Scrivner to uphold the
Board of Zoning Adjustment decision denying the
Conditional Use Permit.
Councilmember Benham requested Code Enforcement
assure neighboring properties comply with code.
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.
1. Resolution approving the Negative
Declaration, the appeal and amendment to
the Airport Land Use Compatibility Plan for
the Bakersfield Municipal Airport.
City Clerk McCarthy announced correspondence
was received from Ted James, Kern County
Planning, regarding this item.
Hearing opened at 7:50 p.m.
No one spoke in opposition to the staff
recommendation.
Ricia Hager, Chevalier, Allen & Lichman, spoke in
favor of the staff recommendation and gave a
computer presentation. Additionally Walter
Gilfone, Walter E. Gilfone & Associates, spoke in
favor of the staff recommendation.
Motion by Councilmember Carson to approve the
amendment and adopt the Resolution.
ACTION TAKEN
APPROVED
ASS SULLIVAN
RES 181-07
APPROVED
Bakersfield, California, August 29,2007 - Page 14
14.
HEARINGS continued
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.
City Clerk McCarthy announced correspondence
was received regarding the item; additionally,
correspondence was received from staff replacing
language in exhibits A and C regarding the
transportation facility fee.
Development Services Director Grady made staff
comments.
Hearing opened at 8:05 p.m.
Andrea Selvidge, Young ,Woolridge on behalf of the
Nelson Family, John Lewis, Farmer John Eggs and
Ken Nelson, Jr. spoke in opposition to the staff
recommendation.
Jim Marino, on behalf of the property owners and
Jess Fredrick, WZI spoke in favor of the staff
recommendation.
Hearing closed at 8:27 p.m.
Motion by Councilmember Carson to adopt the
Resolution, uphold the appeal and give first reading to
the Ordinance.
Recess taken from 8:34 p.m. to 8:44 p.m.
ACTION TAKEN
RES 182-07
FR
APPROVED
Bakersfield, California, August 29, 2007 - Page 15
14.
HEARINGS continued
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.
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.
2.
Development Services Director Grady made staff
comments.
Hearing opened at 8:48 p.m.
Darcy Larman, Mcintosh & Associates, spoke in
opposition to the staff recommendation.
Barbara Camps and Lyn Espericueta spoke in favor
of the staff recommendation.
Darcy Larman, Mcintosh & Associates, spoke in
rebuttal opposition to the staff recommendation.
Hearing closed at 9:01 p.m.
Motion by Councilmember Weir to adopt the
Resolution upholding the appeal with R-2 PUD
zoning and other conditions noted by
Development Services Director Grady and
approved by the applicant.
ACTION TAKEN
RES 183-07
RES 184-07
APPROVED
Bakersfield, California, August 29, 2007 - Page 16
14.
HEARINGS continued
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.
Development Services Director Grady made staff
comments.
Hearing opened at 9:15 p.m.
Jim Manley, applicant spoke in opposition to the
staff recommendation.
John Parker, Kern Water Bank Authority, Julie
Vance, Department of Fish and Game, Gordon
Nipp, Sierra Club, (provided written material), Bea
Flores and David Campbell spoke in favor of the
staff recommendation.
Jim Manley spoke in opposition rebuttal of the staff
recommendation.
Gordon Nipp, on behalf of the Sierra Club, spoke in
support rebuttal of the staff recommendation.
Hearing closed at 9:42 p.m.
Motion by Vice-Mayor Hanson to continue the project
to the next GPA cycle.
Councilmember Couch requested staff provide
guidance regarding issues the applicant should
address prior to returning to Council.
ACTION TAKEN
CONTINUED TO NEXT
GPA CYCLE
APPROVED
Bakersfield, California, August 29, 2007 - Page 17
15.
NEW BUSINESS
ACTION TAKEN
None.
16. MAYOR AND COUNCIL STATEMENTS
Councilmember Carson requested information
regarding the saturation of group homes and
requested information about an Ordinance limiting
the number of group homes in a residential area.
Council member Carson requested information regarding
construction in the area of N. Stine, McDonald and Joseph.
Public Works Director Rojas responded.
Councilmember Carson requested information
regarding lack of landscaping along the housing
development wall on Hwy. 58 between Sterling and
Oswell. Public Works Director Rojas responded.
Councilmember Carson requested staff address over-
watering/drainage issues at 519 Haley near Houser and
provide a response.
Councilmember Benham requested staff respond to
correspondence from a resident of Chico St. and
provided contact information.
Councilmember Benham requested staff respond to a
citizen's concern regarding problems at C&J Recycling
Center at Young's Market on Brundage.
Councilmember Sullivan requested staff repair the
streetlight at Shelby Loop and Rockcastle.
Vice-Mayor Hanson thanked police officers at the meeting.
Vice-Mayor Hanson requested the Legislation and
Litigation Committee review a loop-hole in the
Ordinance regarding 72 hour parking.
Vice-Mayor Hanson requested staff review the need for
a signal light at Old River and Campus Park Dr.
Mayor Hall noted that in May City Manager Tandy became
the longest serving City Manger in the City's history and
last week marked Mr. Tandy's 15th anniversary with the
City; additionally Police Chief Rector has completed 25
years service with the City.
Bakersfield, California, August 29, 2007 - Page 18
17. ADJOURNMENT
ACTION TAKEN
Vice-Mayor Hall adjourned the meeting at 10:23 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:ICounciIIMINUTES\2007\August 29.doc