HomeMy WebLinkAbout11/28/07_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF NOVEMBER 28, 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. ROLLCALL
2. PUBLIC STATEMENTS
3. APPOINTMENTS
4. CONSENT CALENDAR
(Ward 6)*
(Ward 6)*
(Ward 3)
(Ward 1)
* - upon annexation
Minutes:
a. Approval of minutes of the November 7, 2007 Regular City Council Meeting.
Payments:
b. Approval of department payments from October 26, 2007 to November 15, 2007 in the
amount of $14,695,607.42 and self-insurance payments from October 26, 2007 to
November 15, 2007 in the amount of $278,634.58.
Ordinances:
c.
Adoption of Ordinance amending Section 17.06.020 (Zone Map No. 142-04) of Title
Seventeen of the Municipal Code by changing the zoning from R-1/P.U.D. (One-Family
Dwelling/Planned Unit Development) to R-2 (Limited Multiple-Family Dwelling) on two
parcels totaling 106.08 acres, located at the northwest corner of Ashe Road and Engle Road
for purposes of single family residential development (ZC 07-1370 - Mcintosh &
Associates representing Coronel, LLC c/o Santa Barbara Capital) (FR 11/07/07)
Adoption of Ordinance amending Section 17.06.020 (Zone Map No. 142-03) of
Title Seventeen of the Municipal Code by changing the zoning from R-1/P.U.D. (One-
Family Dwelling/Planned Unit Development) to R-2 (Limited Multiple-Family Dwelling) on
two parcels totaling 75.70 acres, located at the northwest corner of Romero Road and
Mountain Ridge Drive for purposes of single family residential development (ZC 07-
1371 - Mcintosh & Associates representing M P Romero Separate Property Trust and the
Sullivan Family Trust c/o Arache, Clark and Potter) (FR 11/07/07)
d.
e.
Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020
(Zone Map NO.1 04-20) of Title Seventeen of the Municipal Code by changing the zoning
from R-S-2.5A to R-1-CH on 7.76 acres generally located at the northwest corner of future
Vineland Road and State Route 184 (Kern Canyon Road)(ZC 07-0691 -John F. May,
representing Rio Bravo Valley Baptist Church) (FR 11/07/07)
Adoption of Ordinance amending Section 17.06.020 (Zone Map No. 103-31) of Title
Seventeen of the Municipal Code by changing the zoning from R-3 (Multiple-Family Dwelling
-1,250 sq ft/dwelling unit) to C-2 (Regional Commercial) on 4,600 square feet generally
located on the east side of Chester Avenue, south of 2nd Street for purposes of commercial
development. (ZC 07-1114 - Porter Robertson Engineering representing Donald and
Marilyn Simpson) (FR 11/07/07)
f.
g. Adoption of Ordinance amending Section 10.08.020 of the Bakersfield Municipal Code
regarding the Central Traffic District. (FR 11/07/07)
4. CONSENT CALENDAR continued
Resolutions:
h. Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to Sections 34090 et. seq. of the government code
of the State of California - Finance Department.
(Ward 1)
i.
McDonald Sewer Project Connection Fee
1. Resolution confirming assessments for sewer connection fee including the
construction fee and authorizing the collection of assessments by Kern County Tax
Collector.
2. Agreements to pay sewer connection and construction fee in installments and notice
of special assessment lien with:
a. William L. Lamas, 220 N. Stine Road
b. Keith E. Gregoire & Paula G. Gregoire, 104 Dunlap Street
c. Rawland L. Sorensen, 120 Dunlap Street
(Ward 1)
j.
McDonald Sewer Project Construction Fee
1. Resolution confirming assessments for sewer construction fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement to pay sewer construction fee in installments and notice of special
assessment lien with:
(Ward 6)
k.
a. Robert L. Hockett and Gene I. Hockett, 144 Suzanne Street
Sewer main line in McCutcheon Road between Mountain Ridge Drive and Stine Road
1. Resolution dispensing with bidding procedures due to emergency sewer
abandonment in McCutcheon Road between Mountain Ridge Drive and Stine Road,
not to exceed $110,000
2. Agreement with Teichert Construction Company ($105,830) to abandon 33-inch
sewer line.
3. Appropriate $110,000 Sewer Enterprise Fund balance to the Public Works
Department's Capital Improvement budget.
I. Property Abatements
1. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of weeds,
debris and waste matter and authorize collection of the assessments by the Kern
County Tax Collector.
2. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties for which
dangerous buildings have been demolished and authorize collection of assessments
by the Kern County Tax Collector.
2
City Council Meeting of 11/28/2007
4. CONSENT CALENDAR continued
(Ward 1,4)
(Ward 4,1)
(Ward 6)
(Ward 2)
(Ward 4)
(Ward 5)
(Ward 2)
(Ward 2)
m.
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 1-78 (Brimhall, Calloway NW #2)
2. Area 5-41 (S. Union, E. Planz NW)
n.
Resolution approving applications proposing proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 491 consisting of 40.27 acres, located on the east side of Jewetta
Avenue, north of Snow Road.
2. Annexation No. 551 consisting of 0.85 acres, located on the east side of Cottonwood
Road, south of East White Lane.
o.
Resolution of Intention No. 1573 to order vacation of a 20 foot wide sewer line easement at
the southeast corner at the intersection of Stine Road and White Lane.
p.
Resolution of Intention No. 1566 to order the vacation of the 7.25 foot wide strip of land on
the Northeast corner of "M" Street and California Avenue and "0" Street between California
Avenue and 14th Street and 13th Street between "N" Street and "P" Street and "P" Street
south of 13th Street and 198.41 foot long, and 20 foot wide alley north of California Avenue
between "N" Street and "0" Street and a 33 foot wide alley north of California Avenue and
between "0" Street and "P" Street.
q.
Resolution of Intention No. 1575 to order the vacation of an18 foot wide Waiver of Direct
Access on Jewetta Avenue north of Birchhaven Avenue.
r.
Resolution of Intention No. 1576 to add territory, Area 3-76 (Panama, Progress SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
s.
Resolution of Intention No. 1579 to order the vacation of a portion of the 20 foot wide alley
between "a" Street and "R" Street and south of 23rd Street.
t. Minimum Wage Salary Adjustments - Temporary Salaries
1. Amendment No. 16 to Resolution No. 44-93 setting salaries and related benefits for
the Temporary Unit
Agreements:
u.
Proposed Improvements at Rabobank Arena
1. Agreement with Rossetti Associated, Inc. ($40,000) to conduct a feasibility study.
2. Appropriate and transfer $40,000 Transient Occupancy Taxes fund balance to the
Capital Improvement Budget within the Capital Outlay Fund to conduct a feasibility
study for proposed improvements at Rabobank Arena.
3
City Council Meeting of 11/28/2007
(Ward 4)
(Ward 2)
(Ward 2)
(Ward 1)
(Ward 7)
(Ward 3)
(Ward 1,6)
(Ward 1)
(Ward 1)
(Ward 1)
4. CONSENT CALENDAR continued
v.
Improvement Agreements
1. Improvement Agreement with David R. Wilson for Parcel Map 11671 located on the
north side of Brimhall Road west of Callaway Drive
w.
2. Amendment NO.1 for Improvement Agreement 06-146 with Ennis Homes, Inc. for
Tract 6056 Phase 6 located east of Jewetta Avenue and North of Reina Road.
Agreement with Bethany Services ($61,880) of Emergency Shelter Grant (ESG) funds to
support the operating costs necessary to continue services at the Bakersfield Homeless
Center, 1600 East Truxtun Avenue.
x.
Agreement with Alliance Against Family Violence and Sexual Assault ($15,200) of
Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue
services.
y.
Agreement with Bakersfield Senior Center, Inc. ($65,000) of Community Development Block
Grant funds for operational expenses at 530 4th Street,
z.
Agreement with Fore J. Development, LLC ($308,000) for the purchase of real property
located at the southwest corner of Hosking Road and State Highway 99.
aa.
Reimbursement Agreement with Kern County Water Agency (KCWA)($1 ,300,000.00) to
install 30-inch Waterline in Auburn Street. (TRIP)
bb. Amendment NO.1 to Agreement No. 05-348 increasing total compensation to Dresser
Services, Inc. ($15,000; revised not to exceed amount of $65,000) for asbestos survey
reports.
cc. Amendment NO.1 to Agreement No. 06-344 with Valley Business Printers, Incorporated
($60,000.00; revised not to exceed $120,000,000 and extending the term one (1) year) for
printing Recreation Brochure for the Recreation and Parks Department.
dd. Amendment NO.1 to Agreement No. 06-345 with Valley Pacific Petroleum Services,
Incorporated ($4,000,000.00; revised not to exceed $8,000,000.00 and extending the term
for one (1) year for Gasoline and Diesel Fuel.
ee.
Amendment NO.3 to Agreement No. 05-246 with Hargis and Son ($140,000.00; revised not
to exceed $380,000.00 and extending term for one year) for biosolids hauling and spreading.
Contract Change Order NO.1 to Agreement No. 06-347 with Teichert Construction
($68,140.68; revised not to exceed $3,255,255.68) for the project known as 72" Sewer
Construction WWTP #2 to Redbank Road.
ff.
gg.
Contract Change Order NO.1 to Agreement No. 07-369 with B.V. Construction ($25,187.00;
revised not to exceed $196,647.00) for the project known as City Farm Irrigation Line
Relocation.
hh.
Contract Change Order NO.4 to Agreement No. 07-028 with Wallace and Smith Contractors
($17,422.23; revised not to exceed $3,361,087.09) for Fire Station NO.5 and Police Satellite
Office Project.
4
City Council Meeting of 11/28/2007
4. CONSENT CALENDAR continued
ii. 2008 Health Care Contracts:
1. Amendment NO.2 to Agreement No. 05-414 with Blue Cross of California for
Indemnity Health and Dental Services.
2. Amendment NO.2 to Agreement No. 05-415 with Blue Cross/California Care Health
Plans for Medical Services for employees and retirees.
3. Amendment NO.2 to Agreement No. 05-416 with Blue Cross of California for the
Medicare Risk Plan Senior Secure.
4. Amendment NO.2 to Agreement No. 05-417 with Kaiser Permanente-Managed Care
Health Plan for medical services for employees.
5. Amendment No.2 to Agreement No. 05-418 with Kaiser Permanente-Managed Care
Health Plans for Medical Services for retirees.
6. Amendment NO.2 to Agreement No. 05-419 with Medical Eye Services (MES) and
Security Life Insurance Company for Vision Services.
7. Amendment NO.2 to Agreement No. 05-420 with Pacific Union Dental for pre-paid
Dental Services.
8. Amendment NO.2 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. for
pre-paid Dental Services.
9. Amendment NO.2 to Agreement No. 05-422 with PacifiCare Behavioral Health of
California for Employee Assistance Program (EAP).
10. Amendment NO.2 to Agreement No. 05-423 with PacifiCare Behavioral Health of
California for Emotional Health Care Services.
11. Amendment NO.1 to Agreement No. 06-337 Independent Contractors Agreement
with Fort Dearbon Life Insurance Company for Employee Life Insurance.
Bids:
(Ward 6)
kk.
Accept bid to award contract to Bakersfield Well and Pump Company ($1,130,145.00) for
drilling and pump testing three domestic wells; CBK 53 located within Tract 6328 in the
vicinity of Panama Lane and Mountain Vista Dr; CBK 54 located within Tract 6167 in the
vicinity of Old River Rd, and Pacheco Rd; and, CBK 55 located within Tract 6329 in the
vicinity of Harris Road and Old River Road.
Accept bid to award contract to Parsam Construction ($755,500.00) for two domestic water
well block pumphouses; CBK-47 located at 8907 Rockefeller Ct., and CBK-49 located at
5700 Entrada Del Aqua.
(Ward 6)
jj.
(Ward 4)
II.
Accept bid to award contract to Parsam Construction ($654,000.00) for two domestic water
well block pumphouses; Olcese 1 located at 16620 Panama Lane and Olcese 2 located at
17610 Panama Lane.
mm. Accept bid from Jim Burke ($359,503.82) for three (3) replacements and one (1) additional
stencil paint truck for the General Services Division.
5
City Council Meeting of 11/28/2007
4. CONSENT CALENDAR continued
(Ward 2)
nn.
Accept bid to award contract to Bakersfield Floor Covering, Inc. ($44,924.50) for Carpet and
Tile for the Borton Petrini Building, 1st Floor.
00. Accept bids from Broadway ($68,982.90) and West Covina Motors, Inc. ($17,832.46) for
two (2) replacement and three (3) additional pickup trucks (various departments). (Total of
bids $86,815.36).
pp. Accept bid from Jim Burke Ford ($513,751.83) for fourteen (14) replacement and eight (8)
additional four-door police special sedans for the Police Department.
Miscellaneous:
qq. Revised job specifications for GIS Analyst and Network Systems Analyst.
rr. Transfer and appropriate $619,000 from the Old Town Kern, Operating Fund to the Low-Mod
Housing Fund for the acquisition of property located at 508 18th Street for the future
development of affordable housing.
(Ward 2,6)
ss.
Community Development Block Grant and HOME Investment Partnership Action Plan
Amendment NO.2 (FY07/08) and Amendment NO.3 (FY06/07).
(Ward 3)*
tt.
General Plan Amendment/Zone Change 06-0494; Mcintosh and Associates, representing
Douglas De Berti and Sandye Deberti (property owner) 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. (Staff recommends continuance to the next GPA
Cycle.)
1. Resolution denying the general plan amendment changing the land use designation
from R-MP (Resource-Mineral Petroleum) and OS (Open Space) to LR (Low Density
Residential) on 60 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and amendment
to Zoning Map No. 104-28 from A (Agriculture) to R-1 (One Family Dwelling) on 60
acres.
Staff recommends adoption of Consent Calendar items a through ft.
5. CONSENT CALENDAR HEARINGS
(Ward 5)
a.
General Plan Amendment/Zone Change 07-1218; Aaron Hashim, representing The Davis
Family Trust (property owner), has applied for a general plan amendment and zone change
on 22.46 acres, located at the northwest corner of Gosford Road and Berkshire Road (future
alignment). (Staff recommends adoption of resolution and give first reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from HMR (High Medium Density
Residential) to OC (Office Commercial) on 22.46 acres.
2. First reading of Ordinance approving the Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-29) of Title Seventeen of the Municipal Code by
changing the zoning from R-2 (Limited Multiple Family Dwelling Zone) to C-O/PCD
(Professional and Administrative Office/Planned Commercial Development Zone) on
22.46 acres.
* - upon annexation
6
City Council Meeting of 11/28/2007
5. CONSENT CALENDAR HEARINGS continued
(Ward 5,6)*
b.
General Plan Amendment/Zone Change 07-1365; Carl R. Moreland, representing Banducci
Land, LLC (property owner) has applied for a general plan amendment and zone change on
45.4 acres, located at the northwest corner of Gosford Road and the future McKee Road.
(Staff recommends adoption of resolution and give first reading to ordinance)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource -Intensive
Agriculture) to LI (Light Industrial) on 45.4 acres.
2. First Reading of Ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture)
to M-1 (Light Manufacturing) on 45.4 acres.
c. General Plan Amendment 07-1373; the City has applied for a general plan amendment to
incorporate two (2) additional policy statements in the Land Use element. (Staff recommends
adoption of resolution.)
1. Resolution approving the Notice of Exemption and adopting the proposed
amendments to the Land Use element of the Metropolitan Bakersfield General
Plan.
(Ward 3)
d.
General Plan Amendment/Zone Change No. 07-1535; the City has applied for a
general plan amendment and zone change on approximately 19.47 acres located along the
south side of State Route 178, east of Canteria Drive. (Staff recommends adoption of
resolution and give first reading to ordinance.)
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment changing the land use designation from HMR (High Medium Density
Residential) and MUC (Mixed Use Commercial) to OS-P (Parks and Recreation) on
19.47 acres.
2. First Reading of Ordinance approving the Notice of Exemption, amending Title 17 of
the Municipal Code and amending Zoning Map No. 104-07 from R-S-2.5A
(Residential Suburban - 2.5 acre minimum lot size) to RE (Recreation) on 19.47
acres.
(Ward 1)
e.
General Plan Amendment 07-1469; the City has applied for a general plan
amendment to amend the circulation map, located along Dr. Martin Luther King Jr. Boulevard
between East California Avenue and East Brundage Lane. (Staff recommends adoption of
resolution.)
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment changing the circulation designation from an Arterial to a Collector
segment for Dr. Martin Luther King Jr. Boulevard between East California Avenue
and East Brundage Lane.
* - upon annexation
7
City Council Meeting of 11/28/2007
5. CONSENT CALENDAR HEARINGS continued
(Ward 5)*
(Ward 3)
(Ward 5)
f.
General Plan Amendment/Zone Change 05-1420; Marino and Associates, representing
Bakersfield-Taft, LLC (property owner) has applied for a general plan amendment and zone
change on 313:1:: acres generally located in the southwestern portion of Metropolitan
Bakersfield and it generally bounded by State Route 119 (SR-119) (Taft Highway) on the
north, Curnow Road to the south, Old River Road to the east and Buena Vista Road to the
west. (Staff recommends adoption of resolutions and give first reading to ordinance.)
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Zone Change No. 05-1420.
2. Resolution adopting the general plan amendment changing the land use designation
from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on
approximately 235 acres and from R-IA to LMR (Low Medium Density Residential) on
approximately 78 acres.
g.
3. First Reading of Ordinance amending Title 17 of the Municipal Code and amending
Zoning Map No. 142-06 from A (Agriculture) to R-1 (One Family Dwelling) zone on
approximately 235 acres and A to R-2 (Limited Multiple Family Dwelling) zone on
approximately 78 acres.
General Plan Amendment/Zone Change 06-2053; East West Developers, representing
Malladi S. Reddy (property owner) has applied for a general plan amendment and zone
change on approximately 4.59 acres located on the northwest corner of Alfred Harrell Hwy
and State Route 178. (Staff recommends adoption of resolution and give first reading to
ordinance.)
h.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from ER (Estate Residential) to GC
(General Commercial) on 4.59 acres.
2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 104-15 from R-1 (One Family
Dwelling) to C-1/PCD (Neighborhood Commercial/Planned Commercial
Development) on 4.59 acres.
General Plan Amendment 07-0619; Mcintosh & Associates, representing Grubb Ellis-ASU &
Associates, has applied for a general plan amendment on approximately 30 acres located
west of Old River Road, east of Green Road, and approximately 1500 feet north of Taft
Highway. (Staff recommends adoption of resolution.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource Intensive
Agriculture) to LR (Low Density Residential) on approximately 30 acres.
6. CLOSED SESSION
* - upon annexation
a. Conference with Labor Negotiator, Bill Avery, pursuant to Government Code Section
54957.6
8
City Council Meeting of 11/28/2007
RECONVENED MEETING - approximately 6:30 p.m.
7. ROLL CALL
8. INVOCATION by Pastor Dennis A. Wells, Solid Rock Baptist Church
9. PLEDGE OF ALLEGIANCE by J.D. Houchin, 5th grade student at Stockdale Christian School
10. CLOSED SESSION ACTION
11. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Ann Olcott, Co-Chair of Bakersfield
Masterworks Chorale 75th Anniversary Performance of Handel's Messiah, proclaiming
December 1, 2007 as "Bakersfield Masterworks Chorale Day".
12. PUBLIC STATEMENTS
13. REPORTS
14. HEARINGS
(Ward 5)
a.
General Plan Amendment and concurrent Zone Change 02-0030; Castle and Cooke
California Commercial-CA Inc (property owner) has applied for a general plan amendment,
and concurrent zone change on 73.53 acres located on the west side of Gosford Road,
between Pacheco Road on the north, and Harris Road on the south for development of the
Gosford Village Shopping Center.
1. Resolution certifying the Final Environmental Impact Report (FEIR) for General Plan
Amendment and Zone Change No. 02-0030, known as the Gosford Village Shopping
Center and adopting related Findings of Fact, Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program.
2. Resolution adopting the general plan amendment changing the land use designation
from SI (Service Industrial) to GC (General Commercial) designation on 73.53 acres.
3. First Reading of Ordinance amending Title 17 of the Municipal Code and amending
Zoning Map No. 123-20 from M-2 (General Manufacturing) to a PCD (Planned
Commercial Development) to allow development of a commercial retail shopping
center of a maximum of 700,000 square feet multiple tenant shopping center on
73.53 acres.
Staff recommends adoption of resolutions and give first reading to ordinance.
9
City Council Meeting of 11/28/2007
14. HEARINGS continued
(Ward 7)
(Ward 1)
(Ward 5)
b.
General Plan Amendment and concurrent Zone change 02-0193; Panama 99 LLC (property
owner) has applied for a general plan amendment on 36.94 acres, and concurrent zone
change on 37.52 acres located on the east side of State Route 99 and north side of Panama
Lane, for the development of the Panama Lane Shopping Center.
1. Resolution certifying the Final Environmental Impact Report (FEI R) for General Plan
Amendment and Zone Change No. 02-0193, known as the Panama Lane Shopping
Center, adopting related Findings of Fact, Statement of Overriding considerations
and Mitigation Monitoring and Reporting Program
2. Resolution adopting the general plan amendment changing the land use designations
from LR (Low Density Residential) on 33.94 acres, and OS-P (Open Space-Park) on
3 acres to a GC (General Commercial) designation.
3. First Reading of Ordinance amending Title 17 of the Municipal Code and amending
Zoning Map No. 123-24 from MH (Mobile Home) zone on 36.94 acres and 0.58 acres
from a C-2 (Regional Commercial) zone to a PCD (Planned Commercial
Development), to allow development of a 434,063 square foot commercial multiple
tenant retail shopping center 37.52 acres.
Staff recommends adoption of resolutions and give first reading to ordinance.
c.
General Plan Amendment/Zone Change 07-1193; Mcintosh & Associates,
representing Fairfax Holdings LP (property owner) has applied for a general plan
amendment and zone change on 78.64 acres located at the northeast corner of South
Fairfax Road and East Wilson Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation for ER (Estate Residential), SR
(Suburban Residential), and RR (Rural Residential) to LR (Low Density Residential)
on 78.64 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending
Section 17.06.020 (Zone Map No. 124-17) of Title Seventeen of the Bakersfield
Municipal Code to R-1 (One Family Dwelling Zone) on 78.64 acres.
Staff recommends adoption of resolution and give first reading to ordinance.
d.
General Plan Amendment/Zone Change 05-1580 (Ten Section), Jim Manley, representing
10 Section LLC (property owner) has applied for a general plan amendment and zone
change on 220-acres located on the south of Panama Lane and east of Nord Avenue. Jim
Manley has appealed the Planning Commission decision.
1. Resolution denying the appeal and the general plan amendment changing the land
use designation from R-MP (Resource - Mineral and Petroleum) and OS (Open
Space) to LR (Low Density Residential) on 220-acres.
2. Resolution denying the appeal and the Zone Change from A (Exclusive Agriculture)
to R-1 (One Family Dwelling) on 220-acres.
Staff recommends adoption of resolutions.
10
City Council Meeting of 11/28/2007
15. NEW BUSINESS
16. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
ItRe~p~CtfUlly~tted'
/ /
Ii' /C:;'
Alan ;:;'d? (
City Manager /
,/
11/19/07 12:30 PM
11
City Council Meeting of 11/28/2007
AGENDA HIGHLIGHTS
NOVEMBER 28, 2007 COUNCIL MEETING
REGULAR MEETING - 5:15 D.m.
CONSENT CALENDAR
Resolutions
Item 4k. Resolution Authorizine the Finance Director to Disoense with Biddine Procedures reeardine
Emereencv Sewer Abandonment in McCutcheon Road between Mountain Ridee Drive and Stine Road. in an
amount not to exceed $110.000. On October 24, 2007, several unknown sewer manholes were discovered
during the construction of this portion of McCutcheon Road. These manholes were found to be part of an
abandoned sewer trunk line replaced by a new trunk line in 1991. Due to the urgency and hazard of the
situation, an immediate investigation took place which showed that the empty sewer line had collapsed in
some areas and had several large holes in the top of the sewer pipe which could result in a failure in the near
future. The Public Works Director determined that the repairs were of an urgent nature and could not be fixed
by City staff alone. Teichert Construction Company was authorized, on a time and material' basis in an amount
not to exceed $105,830, to permanently backfill the void. An agreement must now be approved for this work.
Item 4t Amendment No. 16 to Resolution No. 44-93 Settine Salaries and Related Benefits for the Temoorarv
Unit. Effective January 1, 2008, the California minimum wage will increase from $7.50 to $8.00 per hour.
There are five classifications that will require an increase in order to comply with this law. Staff is
recommending that one of them, the Aquatics Specialist I - Temp be increased to $8.25 per hour in order to be
competitive with local community salaries.
Aareements
Item 4z. Aereement with Fore J. Develooment. LLC for the Purchase of Real Prooertv Located at the
Southwest Corner of Hoskine Road and State Hiehwav 99 in the amount of $308.000. The 4.02 net acres of
vacant land is being acquired for the future Hosking Road and State Highway 99 Interchange.
Item 488. Reimbursement Aereement with Kern County Water Aeencv (KCWA) to Install a 30-inch Waterline
in Auburn Street in the amount of $1.300.000. This is part of the TRIP interchange project along State Route
(SR) 178 at Fairfax Road. A sound wall must be constructed, the location of which, and the associated dirt
embankment, falls within a 20-foot easement for a 24-inch waterline owned and operated by the KCWA. This
waterline was not designed to support the additional dirt embankment and so must be relocated. KCWA was
planning to install a new additional 16-inch waterline in Auburn Street parallel to the existing 24-inch waterline.
By installing a 30-inch waterline in Auburn Street instead.of the 16-inch waterline, the system needs would be
met and the existing 24-inch line and associated easement could then be abandoned.
The reimbursement agreement provides for the City to pay the difference in cost incurred by KCWA for
installing the 30-inch waterline instead of the planned 16-inch waterline. The estimated cost for this difference
is approximately $1,300,000, but the actual cost difference will be based on contractor bids for these
waterlines.
Item 4dd. Amendment No.1 to Aereement No. 06-345 with Vallev Pacific Petroleum Services. IncorDorated to
Extend the Term for One Year for Gasoline and Diesel Fuel in the amount of $$4.000.000. for a revised not to
exceed amount of $8.000.000. On November 15, 2006, Council approved a contract with Valley Pacific
Petroleum Services, Incorporated in the amount of $4.0 million. The agreement allowed for a one-year
extension.
Item 4i1. 2008 Health Care Contracts.. The City's contracts for health insurance are up for renewal for 2008.
The Insurance Committee and the Personnel Committee have been reviewing the proposed premium
revisions. Tentative approval is recommended subject to possible alterations and clarifications that will come
from the Personnel Committee meeting scheduled for November 27, 2007. Updated information will be
provided at the Council meeting.
Bids
Item 4JJ. Award a Contract to Bakersfield Well and Pump Company for Drillina and Testina Three Domestic
Wells in the amount of $1.130.145. This project will add three new domestic water wells to add capacity and
pressure to the expanding southwest side of town. Two acceptable bids were received. Staff recommends
awarding the contract to Bakersfield Well and Pump Company as they are not only the low bidder, but have
provided quality service in the past.
Items 4kk. and II. Award Two Contracts to Parsam Construction for Four Domestic Water Well Block
Pumphouses in the amounts of $755.500 and ~654.000.. respectivelv. Two of the new water wells will be
brought into operational status to add needed capacity and pressure to the City's water system. Six
acceptable bids were received for this project. The other two wells will be converted from agricultural supply
wells to domestic water wells to supplement needed capacity and pressure. Four acceptable bids were
received for this project. Staff recommends awarding the contracts for both projects to Parsam Construction.
Items 4mm and pp. Award Contracts to Jim Burke Ford for Three Replacement and One Additional Stencil
Paint Truck for the General Services Division. and Fourteen Replacement and Eiaht Additional Police Special
Sedans for the Police Department in the amounts of $359.503.82 and $513.751.83. respectivelv. Five
acceptable bids were received for the Stencil Paint Trucks, and two acceptable bids were received for the
Police Sedans. Staff recommends awarding both contracts to Jim Burke Ford.
Miscellaneous
Item 4". Transfer and Aporopriate $619.000 from the Old Town Kern Ooeratina Fund to the Low-Mid Housina
Fund for the Acauisition of Prooertv Located at 508 18th Street for the Future Develooment of Affordable
Housina. The Redevelopment Agency set aside funds in FY 2006-07 for the purchase of this property, which
will become part of a mixed use project that will include affordable townhomes for families whose incomes do
not exceed 120% of the median income. Once purchased, the existing structure will be demolished and the
property sold to a developer. This action will provide the costs that need to be paid In order to place the
applicable affordability covenants on the property and allow the Agency to receive affordable housing credits.
Item 4ft. General Plan Amendment and Zone Chanae on 60 Acres Located on the East Side of Edison Road
(future). 1/2-mile North of Breckenridae Road. Mcintosh and Associates, representing Douglas De Berti and
Sandye Deberti, the property owners, propose an urban residential development. The applicant requests that
this issue be continued to the next GPA cycle in order to resolve land use issues.
CONSENT CALENDAR HEARINGS
With the exception of Item 5f., the Planning Commission recommended approval of the
following items to Council on September 20,2007.
No Individuals or entities oppose any of the projects. The applicants agreed to all
conditions and mitigation.
Item Sa. General Plan Amendment and Zone Chanae on 22.46 Acres Located at the Northwest Comer of
Gosford Road and Berkshire Road (future alianmentl. Aaron Hashim, representing The Davis Family Trust,
the property owner, proposes development of office commercial uses on the site.
Item 5b. General Plan Amendment and Zone Chanae on 45.4 Acres Located at the Northwest Comer of
Gosford Road and the Future McKee Road. Carl R. Moreland, representing Banducci Land, LLC, the property
owner, proposes development of light industrial land uses on the site.
Item 5c. General Plan Amendment to Incorcorate Two Additional Policv Statements in the Land Use Element.
City staff proposes this action. The first policy would allow flexibility in regard to multi-family residential infill
development on smaller lots if and when the proposed development would be compatible with the surrounding
November 28, 2007 Agenda Highlights
Page 2
neighborhood. The second policy calls for an increase in the level of connectivity between commercial centers
and adjacent residential neighborhoods by promoting additional street and pedestrian infrastructure between
the uses.
Item 5d. General Plan Amendment and Zone Chanae on Aooroximatelv 19.47 Acres Located alona the South
Side of State Route 178. East of Canteria Drive. City staff proposes this action. The project involved is the
Sportspark Complex, adjacent to the former Mesa Marin Raceway. The original owner was granted a
conditional use permit to operate the facility. City staff now proposes to change the land use and zoning to
acknowledge the historical and existing use of the property.
Item 5e. General Plan Amendment to Amend the Circulation Mao Located alona Dr. Martin Luther Kina. Jr.
Boulevard between East California Avenue and East Brundaae Lane. City staff proposes this action to allow
Dr. Martin Luther King Jr. Blvd to continue as a four-lane roadway. If approved, any new development along
the roadway will not be required to dedicate an additional 'lane for street purposes as it is currently wide
enough to handle projected increases in traffic volume.
Item 5f. General Plan Amendment. Zone Chanae and Certification of an Environmentallmoact Reoort (EIR)
for 313+/- Acres Located in an Area Generallv Bounded bv State Route 119 (Taft Hiahwav) on the North.
Curnow Road to the South. Old River Road to the East. and Buena Vista Road to the West. Marino and
Associates, representing Bakersfield-Taft LLC, the property owner, propose a single-family residential
development and a park upon annexation. The Final EIR was certified, and the project was recommended for
approval by the Planning Commission on October 4, 2007.
Item 5g. General Plan Amendment and Zone Chanae on Aooroximatelv 4.59 Acres Located on the Northwest
Comer of Alfred Harrell Hiahwav and State Route 178. East West Developers, representing Malladi S. Reddy,
the property owner, propose development of a retail structure, convenience store and gas pumps.
Item 5h. General Plan Amendment on Aooroximatelv 30 Acres Located West of Old River Road. East of
Green Road and Aooroximatelv 1.500 Feet North of State Route 119 (Taft Hiahwav). Mcintosh and
Associates, representing Grubb Ellis-ASU & Associates, propose development of single-family residences.
Council will adlourn to Closed Session followlna the comDletion of the Consent Calendar Hearlnas
CLOSED SESSION
There will be a conference with the labor negotiator.
CONTINUATION OF REGULAR MEETING - aDDroximatelv 6:30 D.m.
HEARINGS
Items 148. and 14b. General Plan Amendments. Concurrent Zone Chanaes and Final Environmentallmoact
Reoorts (FEIR) for Gosford Villaae and the Panama Lane Shoooina Center. The City Council certified both
EIRs, and approved the projects, General Plan Amendments and Zoning Changes in February 2003. These
approvals were challenged in litigation and ultimately, the Fifth District Court of Appeal invalidated the 2003
EIRs and the General Plan Amendment and Zone Change.
The project applicants, Castle and Cooke and Panama 99/Properties LLC, respectively, began the EIR
process again. The Planning Commission conducted a public hearing on these projects on September 17 and
20, 2007, and recommended approval to the City Council. The vote was unanimous for the Gosford Village
project; however the vote was five to two on the Panama Lane project with Commissioners McGinnis and
Tragish in dissent citing traffic congestion and limited access to the site. Comments, both for and against each
project, were heard. Correspondence from the attorney for Bakersfield Citizens for Local Control was also
received.
November 28, 2007 Agenda Highlights
Page 3
At the direction of the Court of Appeal, the FEIR's specifically address specific issues as detailed in each
administrative report. The applicants agreed to all conditions and mitigation measures for their respective
project.
If the City Council decides to approve the projects, adoption of a Statement of Overriding Considerations would
be necessary for certain impacts that cannot be mitigated to a less than significant level. There are no
additional feasible mitigation measures that exist to mitigate the remaining identified significant and
unavoidable traffic and noise impacts, and there are no feasible mitigation measures that exist that can undo
past activities that potentially caused a significant and unavoidable short-term air quality impact. Therefore,
the City Council would be required to balance the economic, legal, technological and other benefits of the
proposed project against its unavoidable environmental risks when determining whether to approve the
projects.
It is staff's opinion that the projects are consistent with the policies of the General Plan by providing for
commercial development to compliment the expanding residential neighborhoods in the vicinity. Therefore,
staff recommends certification of the FEIR, adoption of the Findings of Fact, adoption of the Statement of
Overriding Considerations, adoption of the Mitigation Monitoring and Reporting Program, and approval of the
projects subject to mitigation measures and conditions of approval.
Item 14c. General Plan Amendment and Zone Chance on 78.64 Acres Located on the Northeast Corner of
South Fairfax Road and East Wilson Road. Mcintosh & Associates, representing Fairfax Holdings LP, the
property owner, proposes development of single-family residences upon annexation. The Planning
Commission conducted a public hearing on this item on September 17 and September 20, 2007 and then
continued the item to the October 4, 2007 when the Commission recommended approval to the City Council.
There were several. property owners in attendance at the September 20, 2007 hearing to discuss potential
impacts from the project along East Wilson Road. The Planning Commission recommended that the developer
dedicate and improve the northern right-of-way of East Wilson Road with any future development, among other
improvements. In addition, the developer must pay Regional Traffic Impact Fees (RTIF) for each residential
unit which will help pay for road improvements and additional lanes for Fairfax Road in the City and County
area. No agencies were present at the hearing and the applicant agreed to all conditions and mitigation for the
project.
Item 14d. ADDesl of the Planninc Commission's Decision to Denv the General Plan Amendment and Zone
Chance on ADDroximatelv 220 Acres Located South of Panama Lane and East of Nord Avenue. Jim Manley,
representing 10 Section LLC, the property owner proposes development of single-family residences. Council
conducted a hearing on this matter on August 29, 2007 when it was continued to November 28, 2007 because
of unresolved issues. Two critical issues are land use incompatibility with the existing and adjacent Kern
Water Bank, and concerns by the California Department of Fish and Game (CDFG) regarding the erosion of
unique key habitat. The opposition by CDFG is particularly significant as they have control over whether our
Multi-Species Habitat Conservation Plan continues to be honored and eventually extended. The Planning
Commission expressed concerns, also, in addition to those brought forward by the above mentioned agencies.
Denial was recommended on June 21,2007. A letter of appeal from the applicant was received on June 27,
2007. Staff recommends denial of the project and the appeal.
ff
Approved:
Alan Tandy, City Manager .
!
cc: Department Heads
City Manager's File
City Clerk's Office
News Media File
November 28, 2007 Agenda Highlights
Page 4
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: Lf~ a., .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
November 9, 2007
APPROVED
DEPARTMENT HEAD~ ~
CITY ATTORNEY
11
CITY MANAGER
SUBJECT:
Approval of minutes of the November 7, 2007 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4-. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
//
SUBJECT: Approval of department payments from October 26, 2007 to November 15, 2007 in the
amount of $14,695,607.42 and Self Insurance payments from October 26, 2007 to
November 15, 2007 in the amount of $278,634.58.
RECOMMENDATION:
Staff recommends approval of payments totaling $14,974,242.00.
BACKGROUND:
RAR
November 15, 2007, 5:26PM
S :\Richard\AP\ADMI N-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 17, 2007
CITY ATTORNEY
CITY MANAGER
/ I
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 142-04) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1/P.U.D.
(One-Family Dwelling/Planned Unit Development) to R-2 (Limited Multiple-Family
Dwelling) on two parcels totaling 106.08 acres, located at the northwest corner of Ashe
Road and Engle Road for purposes of single family residential development (ZC # 07-
1370 - Mcintosh & Associates representing Coronel, LLC c/o Santa Barbara Capital)
(Ward 6 upon annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 7, 2007.
On October 4,2007, 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-1/P.U.D. (One-Family Dwelling/Planned Unit Development) to R-2 (Limited
Multiple-Family Dwelling) on two parcels totaling 106.08 acres for purposes of small lot, single family
residential development. While the project sites are two separate parcels, both are under the same
ownership. The project area is designated LR (Low Density Residential) under the Metropolitan
Bakersfield General Plan. The proposed zone change will result in zoning that is compatible with the
property's Low Density Residential land use designation. The purpose for the proposed zone change is
to satisfy Condition No. 26 of VTTM 6747, and Condition No. 24 of VTTM 6750, which require the site
zoning be changed to R-2 (Limited Multiple-Family Dwelling) prior to recordation of any final map.
No one spoke in opposition to the project at the Planning Commission hearing.
Vesting Tentative Tract Map (VTTM) 6747 and VTTM 6750, encompassing the project area, were
originally approved by the Planning Commission on June 7, 2007 (Resolution Nos. 88-07 and 90-07
respectively). The conditionally approved map 6747 consists of 199 lots, including 192 single family
residential lots, 1 sump lot and 6 landscape lots on 40.75 acres for purposes of single family
development. The conditionally approved map 6750 consists of 281 lots, including 273 single family
residential lots, 1 sump lot, 1 canal lot, and 6 landscape lots on 65.35 acres for purposes of single
10/30/2007
Prepared by KShea S:\Dana\ADMINS\2007\Nov\11-28-1370 2.Doc
ADMINISTRATIVE REPORT
family development. Condition No. 26 of VTTM 6747, and Condition No. 24 of VTTM 6750 required the
site zoning be changed to R-2 prior to recordation of any final map.
The project area is a portion of General Plan Amendment/Zone Change # 05-0519 (Ashe #4) approved
by the City Council on August 16, 2006. GPA/ZC # 05-0519 changed the General Plan Land Use
designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 457.06
acres and from RR (Rural Residential) to LR on 9.78 acres. The zoning was changed from A
(Agriculture Zone) to R-1 (One-Family Dwelling Zone) on 275.25 acres, from A to R-1/PUD (One-
Family Dwelling Zone/Planned Unit Development Zone) on 181.81 acres, and from R-S-20A
(Residential Suburban 20-Acre Minimum Lot Size Zone) to R-1 on 9.78 acres. An EIR was approved
for this GPA/Zone Change and the mitigation measures were included in the conditions of approval for
the subdivision maps.
The subject property is a portion of the Ashe #4 Annexation (Annexation #503); annexation procedures
for this subject property have not been completed.
Based upon an initial environmental assessment, pursuant to the California Environmental auality Act
(CEQA) an initial study was prepared for the original project which included the subject property and an
Environmental Impact Report (Ashe #4) was certified on August 16, 2006. In accordance Section
15162 of the State CEQA Guidelines, no further environmental documentation is necessary because
there are no substantial changes in circumstances under which the project will be undertaken and no
new environmental impacts have been identified.
Staff recommends approval of the zone change.
10/30/2007
Prepared by KShea S:\Dana\ADMINS\2007\Nov\11-28-1370 2.Doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4. L
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
October 17, 2007 CITY ATTORNEY j
CITY MANAGER
:/ ,
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 142-03) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1/P.U.D.
(One-Family Dwelling/Planned Unit Development) to R-2 (Limited Multiple-Family
Dwelling) on two parcels totaling 75.70 acres, located at the northwest comer of Romero
Road and Mountain Ridge Drive for purposes of single family residential development
(ZC # 07-1371 - Mcintosh & Associates representing M P Romero Separate Property
Trust and the Sullivan Family Trust c/o Arache, Clark, and Potter) (Ward 6 upon
annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 7,2007.
On October 4,2007, 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-1/P.U.D. (One-Family Dwelling/Planned Unit Development) to R-2 (Limited
Multiple-Family Dwelling) on two parcels totaling 75.70 acres for purposes of small lot, single family
residential development. While the project sites are two separate parcels, both are under the same
ownership. The project area is designated LR (Low Density Residential) under the Metropolitan
Bakersfield General Plan. The proposed zone change will result in zoning that is compatible with the
property's Low Density Residential land use designation. The purpose for the proposed zone change is
to satisfy Condition No. 23 of VTTM 6741, and Condition No. 24 of VTTM 6743, which require the site
zoning be changed to R-2 (Limited Multiple-Family Dwelling) prior to recordation of any final map.
No one spoke in opposition to the project at the Planning Commission hearing.
Vesting Tentative Tract Map (VTTM) 6741 and VTTM 6743, encompassing the project area, were
originally approved by the Planning Commission on March 1,2007 (Resolution No. 31-07) and on June
7,2007 (Resolution No. 86-07) respectively. The conditionally approved map 6741 consists of 146 lots,
including 142 single family residential lots, 1 sump lot and 3 landscape lots on 31.70 acres for purposes
of single family development. The conditionally approved map 6743 consists of 207 lots, including 202
single family residential lots, 2 canal lots, and 3 landscape lots on 44.00 acres for purposes of single
10/30/2007
Prepared by KShea S:\Dana\ADMINS\2007\Nov\11-28-1371 2.Doc
ADMINISTRATIVE REPORT
family development. Condition No. 23 of VITM 6741, and Condition No. 24 of VITM 6743 required the
site zoning be changed to R-2 prior to recordation of any final map.
The project area is a portion of General Plan Amendment/Zone Change # 05-0519 (Ashe #4) approved
by the City Council on August 16, 2006. GPAlZC # 05-0519 changed the General Plan Land Use
designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 457.06
acres and from RR (Rural Residential) to LR on 9.78 acres. The zoning was changed from A
(Agriculture Zone) to R-1 (One-Family Dwelling Zone) on 275.25 acres, from A to R-1/PUD (One-
Family Dwelling Zone/Planned Unit Development Zone) on 181.81 acres, and from R-S-20A
(Residential Suburban 20-Acre Minimum Lot Size Zone) to R-1 on 9.78 acres. An EIR was approved
for this GPAlZone Change and the mitigation measures were included in the conditions of approval for
the subdivision maps.
The subject property is a portion of the Ashe #4 Annexation (Annexation #503); annexation procedures
for this subject property have not been completed.
Based upon an initial environmental assessment, pursuant to the California Environmental Quality Act
(CEQA) an initial study was prepared for the original project which included the subject property and an
Environmental Impact Report (Ashe #4) was certified on August 16, 2006. In accordance Section
15162 of the State CEQA Guidelines, no further environmental documentation is necessary because
there are no substantial changes in circumstances under which the project will be undertaken and no
new environmental impacts have been identified.
Staff recommends approval of the zone change.
10/30/2007
Prepared by KShea S:\Dana\ADMINSI2OO7\Nov\11-28-1371 2.Doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4. e i
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
November 9, 2007
CITY ATTORNEY
CITY MANAGER
APPROVED
;7(;---
~
SUBJECT: Adoption of an ordinance approving a Negative Declaration and ame ding ection
17.06.020 (Zone Map No.1 04-20) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from R-S-2.5A to R-1-CH on 7.76 acres generally located at the
northwest corner of future Vineland Road and State Route 184 (Kern Canyon Road)
(ZC # 07 -0691 - John F. May, representing Rio Bravo Valley Baptist Church) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 7, 2007.
On October 4, 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-S-2.5 A (Residential- Suburban - 2.5 Acre Minimum) zone to a R-1-CH (Single Family
Residential- Church) zone on 7.76 acres. The applicant has requested the zone change to allow a future
church site and to allow lot sizes smaller than 2.5 acres. The site is currently undeveloped. No one spoke
in opposition to the project at the Planning Commission hearing.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on September 12,
2007, in accordance with CEOA.
November 13. 2007. 8:27AM
Planner PE / S:\DanaIADMINS\2007Wov\11-28-o691 2.doc
ADMIN.ISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4.-f~
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD 7;/
October 19, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map NO.1 3-31) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from R-3 (Multiple-
Family Dwelling - 1,250 sq ft/dwelling unit) to C-2 (Regional Commercial) on 4,600
square feet generally located on the east side of Chester Avenue, south of 2rid Street for
purposes of commercial development. (ZC #07-1114 - Porter Robertson Engineering
representing Donald and Marilyn Simpson) (Ward 1).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on November 7,2007.
On August 2, 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 (Multiple-Family Dwelling - 1,250 sq ft/dwelling unit) to C-2 (Regional
Commercial) on 4,600 square feet for purposes of commercial development. The site is designated GC
(General Commercial) under the Metropolitan Bakersfield General Plan. No one spoke in opposition to
the project at the Planning Commission hearing.
The applicant's reason for the proposed zone change is to facilitate the processing of lot line
adjustment which will move the property line 46 feet to the east and off of the detached garage. Lot
Line Adjustment 07-1113 was processed concurrently with this zone change. In accordance with BMC
Section 17.06.030, a lot line adjustment cannot result in a parcel with split zoning. Approval of this
request will result in two developed commercial parcels and an undeveloped multiple family parcel. The
two commercial parcels would have access off of Chester Avenue while the multiple family parcel
would have access off of K Street. Any future development would be subject to approval of a Site Plan
Review. The Site Plan Review process addresses use, setbacks, parking, landscaping and other
ordinance requirements to develop the property.
The requested zone change to Regional Commercial is compatible with surrounding land uses.
Development along Chester Avenue is characterized by small offices, retail, and non-conforming
residential uses. Residential uses including single-family dwellings and apartments are developed
along K Street. The subject residential parcel cannot be sold or developed until this lot line issue is
resolved.
October 30,2007. 8:32AM
rwp S:\DanaIADMINS\2007Wov\ 11-28-1114 2. doc
ADMINISTRATIVE REPORT
Based upon an initial environmental assessment, staff has determined the proposed project will not
affect the physical environment or existing residential development in the area, therefore a Notice of
Exemption was prepared.
Staff recommends approval of the zone change.
October 30,2007, 8:32AM
rwp S:\Dana\ADMINS\2007\Nov\11-28-1114 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGEND~ SECTION: Consent Calendar
ITEM: Lf,. .
November 14, 2007 .
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO:
FROM:
DATE:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
SUBJECT: Ordinance amending Section 10.08.020 of the Bakersfield Municipal code
Central Traffic District. (First Reading November 7,2007)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
B.ACKGROUND:
First reading of the ordinance was given November 7,2007.
The proposed amendment is to expand the boundaries of the Central Traffic District by increasing its area
by approximately 100%. Properties located in the Central Traffic District are entitled to a reduction in off-
street parking requirements. Expansion of the area is being recommended to facilitate an increase in new
downtown development and for the adaptive re-use of buildings located in this higher density environment.
Existing district boundaries are "F" Street to the west, 25th Street to the north, the BN&SF railroad tracks to
the south and "Q" Street to the east, excepting 23rd and 24th Street. The proposed boundaries are "P' to
the west, Golden State Highway to the north, "V" Street the east, and California Avenue to the south,
excepting 23rd and 24th Street, basically doubling the district area. Maps of the proposed and existing
boundaries are attached to this report.
The Central District Parking Requirement Schedule (BMC Chapter 17.58.120) addresses the downtown
area differently than the rest of the City. For example, offices, restaurants, and single family residential
users receive a fifty percent parking requirement reduction compared to locations outside the district.
These reductions are conducive to the downtown because typically employees park their cars in the
morning and can then walk to various services, such as government services, offices and restaurants
during the day.
Off-street parking requirements for an individual building may be correspondingly reduced by sharing the
total off-street parking supply in the area with other buildings and users. The required number of parking
stalls may be reduced by fifty percent for any commercial facility which operates only after 5:00 p.m.
reduction.
Overall, boundary expansion encourages a walkable downtown while accommodating a diverse mix of
users choosing to locate in the higher densities of downtown Bakersfield.
S:\Admins\City Council\City Council Admins 2007\Central Traffic district Ordinance 2nd Reading.doc
11/14/20073:55 PM
ADMINISTRATIVE
REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. h.
TO:
Honorable Mayor and City Council
APPROVED
DATE
October 30, 2007
DEPARTMENT HEAD ,A/S
CITY ATTORNEY ~
CITY MANAGER ~
A Resolution of the City Council approving the destruction of certain obsolete City records,
documents, instruments, books and papers, pursuant to the sections 34090 et seq. Of the
government code of the State of California - Finance Department.
FROM: Nelson K. Smith, Finance Director
SUBJECT:
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports
that are more than five (5) years old and have been approved for destruction by the City Attorney's office. The
records to be destroyed are listed on Exhibit A of the Resolution.
S:\Adrnin\Records Destruction\Admin Repon 2oo7.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: '-I.;.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 1, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Sewer Connection and Construction Fees for the McDonald Area Sewer Project. (Ward 1):
1. Resolution confirming assessments for sewer connection fee including the construction
fee and authorizing the collection of assessments by the Kern County Tax Collector.
2. Agreements to pay sewer connection and construction fee in installments and notice of
special assessment lien with:
a. William L. Lamas 220 N. Stine Road
b. Keith E. Gregoire & Paula G. Gregoire 104 Dunlap Street
c. Rawland L. Sorensen 120 Dunlap Street
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of Agreements.
..
BACKGROUND: The owner's of the property shown above desire to connect their property to the City
sewer system. The property owner's claim that to pay the sewer connection and construction fee in one
payment would produce an economic hardship. To assist in paying the connection and construction fee
the City has contracted with the property owners to spread the connection and construction fee over a five
(5) year period to be collected with their property taxes in accordance with Municipal Code Section
14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23,2007, authorizes the Kern
County Tax Collector to collect the connection and construction cost in five equal payments over the next
five years.
S:\PROJECTS\SewerConFee\Admin\11-28-07 Both McDonald Adm.doc
November 1, 2007, 10:10AM
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4~ t.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 1, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Sewer Construction Fees for the McDonald Area Sewer Project. (Ward 1):
1. Resolution confirming assessments for sewer construction fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreements to pay sewer construction fee in installments and notice of special
assessment lien with: Robert L. Hockett and Gene I. Hockett 144 Suzanne Street
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of agreements.
BACKGROUND: The owner of the property shown above desire to connect their property to the City
sewer system. The property owner claim that to pay the sewer construction fee in one payment would
produce an economic hardship. To assist in paying the construction fee the City has contracted with the
property owner to spread the construction fee over a five (5) year period to be collected with their property
taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No.
4433 dated May 23,2007, authorizes the Kern County Tax Collector to collect the construction cost in five
equal payments over the next five years.
S:\PROJECTS\SewerConFee\Admin\11-28-07 sons! only McDonald Adm.doc
November 1, 2007, 10:59AM
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: '-I, 1(.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 8, 2007
SUBJECT: Urgent repairs to an abandoned 33 inch sewer main line in McCutcheon Road
between Mountain Ridge Drive and Stine Road (Ward 6):
1. Resolution dispensing with bidding procedures due to emergency sewer
abandonment in McCutcheon Road Between Mountain Ridge Drive and Stine
Road, not to exceed $110,000.
2. Appropriate $110,000 Sewer Enterprise Fund balance to the Public Works
Department's Capital Improvement budget.
3. Agreement with Teichert Construction Company ($105,830) to abandon 33-
inch sewer line.
RECOMMENDATION: Staff recommends approval of resolution, appropriation, and agreement.
BACKGROUND: On Wednesday, October 24, 2007, Construction Division staff responded to a call
regarding the discovery of several unknown sewer manholes discovered during the construction of
McCutcheon Road between Mountain Ridge Drive and Stine Road. Upon further investigation, it was
discovered that these manholes were part of an abandoned sewer trunk line replaced by a new trunk
line in 1991. Due to the urgency and hazard of the situation, the Public Works Director was notified.
Public Works staff inspected the abandoned concrete sewer pipe and conducted a video inspection of
the sewer line. The results of the video investigation showed that the empty 33 inch sewer line had
collapsed in some areas and had several large holes in the top of the sewer pipe which could result in a
failure in the near future.
As a result of the investigation and considering the solution to fix the problem, the Public Works
Director determined that the repairs could not be fixed by City staff alone and found the problem to be
of such a nature and the work to be performed was of urgent necessity for the preservation of life,
health, or property.
The Public Works Director authorized Teichert Construction Company, on a time and material basis
not-to-exceed $105,830, to fill the pipeline and manholes with cement-sand slurry to permanently
backfill the void.
There is a section of the abandoned 33 inch sewer line west of Mountain Ridge Drive that will also need
to be abandoned with cement-sand slurry. This section is not considered urgent since McCutcheon
Road is not constructed or proposed to be constructed over it in the near future. A future capital
improvement project will be designed and bid to fill this section of sewer line.
November 9, 2007, 2:08PM
G:\GROUPDA TlADMINRPT\2007\ 11-28\E mrgncySwrAbandon McCutcheon_Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGEND~ ~ECTION: Consent
ITEM I-f, I.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
November 16, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: Property Abatements
1. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of weeds,
debris and waste matter and authorize collection of the assessments by the Kern
County Tax Collector.
2. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties for which
dangerous buildings have been demolished and authorize collection of assessments
by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on November 13, 2007, by the Assistant City Manager and all
proposed charges were confirmed. The subject properties listed below were in violation of Chapter
8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated
structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and
waste matter. The property owners were notified and failed to comply with the notices to abate such
public nuisance. After a hearing duly noticed and held before the Building Director, the Director
issued orders requiring the property owner to abate the public nuisance.. The subject properties are
listed as follows:
November 14, 2007, 12:43PM
C:\Documents and Settings\bbrown\Desktop\ADMIN\admin report June 29,07.doc
ADMINISTRATIVE REPORT
Page 3
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
* 1. 420 S. Brown 019-072-02-00-7 $ 5,945.00
2. 802 Brown St. 019-142-08-00-5 $ 1,225.00
3. 317 California Ave. 009-511-05-00-3 $ 489.00
4. 1617 De Wolfe St. 019-1 01-01-00-5 $ 700.00
5. 301 Hayes St. o 18-360-37 -00~2 $ 1,524.00
6. 131 K St. 010-311-40-00-6 $ 575.00
7. 141 Liggett St. 139-392-01-00-2 $ 625.00
8. 117 1'2 N St. 010-321-15-00-7 $ 525.00
9. 930 P St. 009-171-08-00-4 $ 744.00
10. 1801 E. Planz Rd. 405-210-09-00-9 $ 894.00
11. 221 Rodman St. 139-341-1 0-00-6 $ 800.00
12. 624 T St. 009-480-53-00-7 $ 450.00
13. 630 T St. 009-480-52-00-4 $ 450.00
14 700 T St. 009-480-51-00-1 $ 450.00
15. 920 T St. 009-501-01-00-8 $ 700.00
16. 703 1'2 Wilkins St. 139-432-27-00-9 $ 1,450.00
17. 625 E 4th St. 139-292-06-00-8 $ 1,150.00
18. 230 8th St. 009-503-07 -00-0 $ 534.00
19. 1422 E. 9TH St. 018-061-18-00-7 $ 825.00
20. 1504 E. 9th St. 018-061-16-00-1 $ 545.00
* Demolished Structure
Ward 21Councilmember Sue Benham
21. 1506 Alta Vista Dr. 012-232-05-00-3 $ 425.00
22. 714 Dolores St. 016-300-11-00-4 $ 1,700.00
23. 617 Grace St. 013-050-05-00-4 $ 675.00
24. 220 Jefferson St. 012-310-15-00-1 $ 435.00
25. 3719 K St. 120-070-02-00-2 $ 1,100.00
26. 1314 Kentucky St. 015-410-09-00-4 $ 425.00
27. 212 Lincoln St. 012-300-15-00-8 $ 425.00
28. 728 Lincoln St. 013-080-07-00-9 $ 425.00
29. 1111 Oregon St. 015-180-04-00-3 $ 395.00
30. 1206 Oregon St. 015-100-15-00-1 $ 1,100.00
31. 1211 Pacific St. 015-100-19-00-3 $ 425.00
32. 1412 Pacific St. 015-040-13-00-8 $ 400.00
33. 2918 Park Way 007 -031-24-00-5 $ 950.00
November 14, 2007, 12:43PM
C:\Documents and Settings\bbrown\Desktop\ADMIN\admin report June 29,07.doc
ADMINISTRATIVE REPORT
Page 3
Ward 2/Councilmember Sue Benham (con't)
34. 419 Quincy St.
35. 500 Quincy St.
36. 1126 E. 18th St.
37. 815 28th St.
012-400-07-00-4
013-200-14-00-3
017 -180-10-00-4
002-104-01-00-4
$ 425.00
$ 425.00
$ 1,175.00
$ 644.00
Ward 3/Councilmember Ken Weir
38. 920 Acacia Ave. 021-220-21-00-8 $ 394.00
39. 2907 Bucknell St. 021-051-19-00-1 $ 850.00
40. 3316 Bucknell St. 021-233-11-00-3 $ 394.00
41. 3404 Bucknell St. 021-233-09-00-8 $ 394.00
42. 2800 Century Dr. 382-071-08-00-7 $ 894.00
43. 2404 Kaibab Ave. 383-051-16-00-1 $ 394.00
44. 1013 Oberlin Ct. 021-242-06-00-5 $ 375.00
45. 1017 Oberlin Ct. 021-242-05-00-2 $ 394.00
46. 3024 Wenatchee Ave. 383-220-08-00-0 $ 394.00
Ward 4/Councilmember David Couch
47. 14403 Calle Los Bosque 409-272-10-00-1 $ 625.00
48. 11311 Garrick Ct. 523-340-08-00-5 $ 1,075.00
49. 12103 Mauna Loa Ave. 527-173-21-00-2 $ 725.00
Ward 5/Councilmember Harold Hanson
50. 8919 Mendocino Rd. 501-192-05-00-7 $ 695.00
Ward 6/Councilmember Jacauie Sullivan
51. 5308 New Grove Ave. 355-125-10-00-6 $ 780.00
Ward 7/Councilmember Zack Scrivner
52. 5712 Camp St. 413-043-18-00-6 $ 675.00
53. 2419 Macau St. 514-644-23-00-7 $ 500.00
54. 3930 Sandra Dr. 025-151-15-00-6 $ 944.00
November 14. 2007, 12:43PM
C:\Documents and Settings\bbrown\Desktop\ADMIN\admin report June 29,07.doc
ADMINISTRATIVE REPORT
Page 3
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
November 14, 2007, 12:43PM
C:\Documents and Settin9s\bbrown\Desktop\ADMIN\admin report June 29.07.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. IYL
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 14, 2007
CITY MANAGER
. I
SUBJECT: Resolutions adding the following territories to the Consolidated Maintenan~District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Wards 1 J 4)
1. Area 1-78 (Brimhall, Calloway NW #2)
2. Area 5-41 (S. Union, E. Planz NW)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On November 7, 2007 the Council adopted Resolution of Intention No's. 1568 and
1569 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.
Nov28_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. fl.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
October 24, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT:
/
/
Resolutions approving applications proposing proceedings for annexation of
uninhabited territory to the City identified as:
1. Annexation No. 491 consisting of 40.27 acres, located on the east side of
Jewetta Avenue, north of Snow Road. (Ward 4)
2. Annexation 551 consisting of 0.85 acres, located on the east side of
Cottonwood Road, south of East White Lane. (Ward 1)
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolutions of application propose proceedings for annexation of uninhabited territory to the
City of Bakersfield are identified as Annexation 491 consisting of 40.27 acres of land, located on
the east side of Jewetta Avenue, north of Snow Road and Annexation 551 consisting of 0.85
acres, located on the east side of Cottonwood Road, south of East White Lane.
These annexations are adjacent to the City limits and are within the City's Sphere of Influence
boundary. The property owners have consented to annexation. The proposal is to annex the land
for development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum bf Understanding 05-015) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
S:\Annexation\Res of Applic\Admin Draft 491 & 551.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 1. O.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 14, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
./
SUBJECT: Resolution of Intention No. 1573 to order the vacation of a 20 foot wide sewer line
easement at the southeast corner at the intersection of Stine Road and White Lane.
(Ward 6)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The easement was established before the construction of the improvements and the development of the
area and was not being utilized. This sewer easement is no longer needed.
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.
Public Works notes that there are no City sewer or storm drain facilities in the proposed vacating area.
The utility companies serving the area have been notified by mail. None have any facilities in the vacation
area.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on October 30, 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 auality
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.
This Resolution sets the Public Hearing date for the regular Council meeting of December 12, 2007, on
the proposed vacation.
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: L/, /J.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 14, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
;
SUBJECT: Resolution of Intention No. 1566 to order the vacation of the 7.25 foot wide 'strip of land on
the Northeast corner of /1M" Street and California Avenue and "0" Street between California
Avenue and 14th Street, and 13th Street between "N" Street and "P" Street, and "P" Street
south of 13th Street and 198.41 foot long, and 20 foot wide alley north of California Avenue
between "N" Street and "0" Street, and a 33 foot wide alley north of California Avenue and
between /10" Street and "P" Street. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owners, Maya Cinemas North America Inc., Sivers Bakersfield Inc., Sivershousing
Bakersfield Inc., and the City of Bakersfield are requesting the vacation of parts of /1M" Street, "0" Street,
"P" Street, 13th Street, and the two alleys to develop the area as a commercial center.
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.
Public Works notes that there is a 16-inch sewer mainline in "0" Street and a non-exclusive utility
easement is being reserved. The applicant has requested the 6-inch sewer line in each of the alleys to be
released to the applicant to maintain. There is no City storm drain in the proposed vacating area.
The utility companies serving the area have been notified by mail and they have no objections to the
vacation.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on November 14, 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 auality
Act pursuant to Section 15061 (b) (3) of CEaA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of December 12, 2007, on
the proposed vacation.
G:\GROUPDA1\ADMINRP1\2007\11-28\ROI 1566 M-O-P 13 St Vacatiopn Admin-Consent Calendar.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. Q.
U
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 14, 2007
CITY MANAGER
SUBJECT: Resolution of Intention No. 1575 to order the vacation of an 18 foot wide Waiver of Direct
Access on Jewetta Avenue north of Birchhaven Avenue. (Ward 4)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, Natalie Castillo, is requesting the removal of a portion of the waiver of direct access
on Lot 11 adjacent to Jewetta Avenue. A workshop is proposed and access to the workshop will be from
Jewetta Avenue. The property to the north and the property across the street also have access from
Jewetta Avenue. The removal is 12.5-foot south of the northwest corner of Lot 11 on Jewetta Avenue.
The removal of the waiver of direct access is 18-foot wide to accommodate the driveway. Lot 11 is
located at the northeast corner of the intersection of Jewetta Avenue and Britchhaven Avenue.
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.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no written objections from these owners as of the
date of this report.
The proposed vacation was approved by the Planning Department on October 26, 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 auality
Act pursuant to Section 15061 (b) (3) of CEaA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of December 12, 2007, on
the proposed vacation.
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. r.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
Novennber14,2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1576 to add territory, Area 3-76 (Panama, Pr ress SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of Parcel
Map No. 11783 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 3-76 is generally bounded by a line
approximately 680 feet south of Panama Lane on the north, a line approximately 1,320 feet east of
Progress Road on the east, a line approximately 1,310 feet south of Panama Lane on the south and
Progress Road on the west. This area will be under the park and streetscape zones of benefit and will be
assigned appropriate tier levels when a park has been constructed and street landscaping has been
installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(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, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps. A copy of this covenant is attached for reference.
mr
November 14, 2007, 12:48PM
MD3-76Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4.s.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 14, 2007
DEPARTMENT HEAD
CITY AlTORNEY
CITY MANAGER
;' !
SUBJECT: Resolution of Intention No. 1579 to order the vacation of a portion of the 20.foot wide alley
between "a" Street and "R" Street and south of 23rd Street. (Ward ?)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The property owner, CBP Properties LLC, has requested the alley be vacated to better access to the
existing building. The vacation of the 20 foot wide alley located between "a" Street and "R" Street and
South of 23rd Street will make this possible. An easement over the 20 foot wide alley will be reserved as a
Public Utility Easement to cover the existing sewer line and other utilities.
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.
Public Works notes that there is a 6-inch City sewer line in the alley, but there are no storm drain facilities
in the proposed vacating area.
The utility companies serving the area have been notified by mail. Pacific Gas and Electric is requesting
an easement for a gas line in the alley. An easement over the 20 foot wide alley vacation is being
reserved as a Public Utility Easement. No objections were received as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on November 14, 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 auality
Act pursuant to Section 15061 (b) (3) of CEaA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of December 12, 2007, on
the proposed vacation.
G:\GROUPDA1\ADMINRP1\2007\11-28\ROI 1579 Q-R Alley Admin-Consent Calendar.doc
r--.
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4, f:.
TO:
FROM:
DATE:
Honorable Mayor and City Council \.. b
Javier Lozano, Human Resources Manager '~ DEPARTMENT HEAD
November 7,2007 CITY ATTORNEY
CITY MANAGER
SUBJECT: Minimum Wage Salary Adjustments - Temporary Salaries
1. Amendment No. 16 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The California minimum wage will be changing from $7.50 to $8.00 per hour effective January 1, 2008.
The following Temporary Employee classifications will be below the State minimum wage effective with
the January 2008 change and will need to be increased to comply with California law. The Aquatics
Specialist I increase to $8.25 is recommended in order to be competitive with local community salaries. In
addition, other increases are recommended for the Recreation and Parks Department to address the
difficulty recruiting temporary employees at the lower salaries. Increasing the salaries will reflect
community rates and allow us to hire and retain qualified applicants. The Recreation and Parks
department has sufficient funds in their current budget to cover this increase.
Additionally, a temporary Assistant Code Enforcement Officer position is being added with a wage
consistent with the regular position.
TEMPORARY
EMPLOYEE CURRENT
CLASSIFICATION RA TE/HR
Aquatics Specialist 1- Temp $7.75
Clerical Aide/Receptionist $7.50
Police Cadet $7.50
Scorekeeper $7.50
Student Help $7.50
NEW
RA TE/HR
$8.25
$8.00
$8.00
$8.00
$8.00
DEPT.
Recreation and Parks
All Departments
Police
Recreation and Parks
All Departments
The additional cost impact to Recreation and Parks will be approximately $30,000 through the remainder
of the fiscal year 2007/08.The other departments have sufficient funds in their current budget to cover
these minimal increases.
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. /..L .
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
October 31, 2007
SUBJECT: Proposed Improvements at the Rabobank Arena (Ward 2):
1. Appropriate and transfer $40,000 Transient Occupancy Taxes Fund balance to the
Capital Improvement Budget within the Capital Outlay Fund to conduct a feasibility
study for proposed improvements at the Rabobank Arena.
2. Agreement with Rossetti Associated, Inc ($40,000) to conduct the feasbility study.
RECOMMENDATION: Staff recommends approval of appropriation, transfer, and agreement.
BACKGROUND: This project would provide for a feasibility study of proposed improvements to the
Rabobank Arena. This study will include probable costs, anticipated benefits from these changes, and
appropriate design and renderings that can be used for future fund raising. The proposed improvements
include:
. The two story entry addition inclusive of a bar/casual restaurant and premium restaurant on the
second level;
. Conversion of an existing concession stand/seating into a party event suite;
. Conversion of an under utilized meeting room (Grape Room) into bar/concession area serving both
the Convention Center and Arena; and
. Conversion of another under utilized meeting room (Cotton Room) into a retail or concession area.
The firm of Rossetti Associated was selected to perform this feasibility study because of their expertise in
architectural design services and their extensive knowledge of the Rabobank Arena. Rossetti Associated
provided architectural design services for construction of the Rabobank Arena.
October 31, 2007, 4:00PM
G:\GROUPDAT\ADMINRPT\2007\11-28\Rabobank Arena.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: t./. \1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
November 9, 2007
SUBJECT: Improvement Agreements
1. Improvement Agreement with David R. Wilson for Parcel Map 11671 located on
the north side of Brimhall Rd west of Callaway Drive. CWard 4)
2. Amendment NO.1 for Improvement Agreement 06-146 with Ennis Homes,INC.
for Tract 6056 Phase 6 located east of Jewetta Avenue and North of Reina Road.
(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.
The amendment to the improvement agreement for Tract 6056 Phase 6 is for an
additional required improvement - the median on Olive Drive. The developer will be
constructing the median in lieu of paying fees.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
rs
November 19, 2007, 9:56AM
G:\GROUPDAT\ADMINRPT\2007\11-28\Map and Improvement AGR .doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA $E~TlON: Consent Calendar
ITEM: If, W.
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 8, 2007
SUBJECT: Agreement with Bethany Services for $61,880 of Emergency Shelter Grant (ES ) funds to
support the operating costs necessary to continue services at the Bakersfield Homeless
Center, 1600 East Truxtun Avenue. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the twelfth year the City of Bakersfield has received ESG entitlement funds. The purpose of the
ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the
costs of operating the shelters, and provide essential social services, as well as, funding preventive
programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion
of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance,
operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the
development and implementation of homeless prevention activities.
As a part of the Fiscal Year 2007/08 budget process, the Council approved, the funding for Bethany
Services of up to $61,880 for eligible ESG activities. The agreement, outlines the requirements and
responsibilities of the grant. Activities funded by the grant are outlined in the narrative below:
Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy
products, building/grounds maintenance supplies, equipment rental/maintenance, and janitorial
and maintenance services necessary to the on-going operation of the Center. No more than
$61,880 of the grant will be used to provide these operational activities.
All activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
S:\Admins\City Council\City Council Admins 2007\BHC ESG 2oo7-08.doc
11/8/200712:48 PM
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4pY--.
TO:
FROM:
Honorable Mayor and City Council
DATE:
APPROVED
DEPARTMENT HEAD (t(JL;d':
CITY ATTORNEY t
CITY MANAGER /
I. ,
f
Agreement with Alliance Against Family Violence and Sexual Assault for $15,200 of
Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue
services. (Ward 2)
Donna L. Kunz, Economic Development Director
November 8, 2007
SUBJECT:
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the twelfth year the City of Bakersfield has received ESG entitlement funds. The purpose of the
ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the
costs of operating the shelters, and provide essential social services, as well as, funding preventive
programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion
of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance,
operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the
development and implementation of homeless prevention activities.
As a part of the Fiscal Year 2007/08 budget process, the Council approved, the funding for Alliance
Against Family Violence and Sexual Assault of up to $15,200 for eligible ESG activities. The agreement
before Council outlines the requirements and responsibilities of the grant. Activities funded by the grant
are outlined in the narrative below:
Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy
products, building/grounds maintenance supplies, equipment rentaVmaintenance, and janitorial
and maintenance services necessary to the on-going operation of the Center. No more than
$8,200 of the grant will be used to provide these operational activities.
Essential Services: To help fund wages and employers payroll taxes of case managers and
counseling staff. The total amount of ESG funds expended to meet costs of this essential service
shall not exceed $7,000.
Essential Services
Operational Activities
Total ESG Grant
$ 7,000
$ 8.200
$15,200
All activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
S:\Admins\Clty Council\City Council Admins 2007\AAFV ESG 2007-08.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: Lf-. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~
Agreement with Bakersfield Senior Center, Inc. for $65,000 of Community Development
Block Grant funds for operational expenses at 530 4th Street. (WARD 1)
Donna L. Kunz, Economic Development Director
November 8, 2007
RECOMMENDAnON:
Staff recommends approval.
BACKGROUND:
Since 1983, the Bakersfield Senior Citizen Center (BSC), a 501 (c) (3) non-profit corporation, has been
providing senior services at 530 4th Street. The center provides a variety of services including health
screening, food distribution, senior advocacy and human service referrals, senior fitness and computer
training programs. In addition they provide other recreational, social, educational, and vocational training
activities for seniors of the Greater Bakersfield Metropolitan Area.
Over the last 24 years, Community Development Block Grant (CDBG) funds have been used to expand
and maintain the facility. During the last several years, a continued reduction of donations and lack of
successful fundraisers has continued to impact the operations. At the October 4, 2001 Budget and
Finance Committee meeting, it was recommended that the City provide BSC with funds required to pay
the expenses to operate the facility from June 2001 to July 2002 for a one-time contribution of $50,000 of
Council Contingency funds. That recommendation was approved by the City Council at their October 10,
2001 meeting. In addition, it was recommended that BSC apply for CDBG funds in subsequent years
which it has continued to do. BSC has received CDBG funds annually since FY2003-04 which are used to
meet the daily operational expenses.
BSC is asking, once again, for operating funds to meet the increasing costs of delivering services to the
senior citizens in their service area. The center has maintained an average membership of 400 seniors
over the age of 60.
The proposed agreement will provide $65,000 to assist in providing senior services at the BSC facility. As
required, the Bakersfield Senior Center has submitted a proposed operating budget for the next 12 months
of $159,596 including this grant.
S:\Admins\City Council\CIty Council Admins 2007\BSC 07.08 Admin.doc
11/81200712:53 PM
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: if. 'z.. I
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 15, 2007
SUBJECT: Agreement with Fore J Development, LLC for the purchase of real property located at the
southwest corner of Hosking Road and State Highway 99 for $308,000. (Ward 7)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City is acquiring approximately 4.02 net acres of vacant land from Fore J Development, LLC for the
future Hosking Road and State Highway 99 Interchange. The purchase price of $308,000 represents the
property's fair market value as determined by an appraisal prepared by Michael Burger & Associates, an
independent appraisal firm.
The Planning Department completed a 65402 Review and found this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
November 15, 2007, 4:30PM
P:\MyFiles\Admin Reports\Balfanz Hosking.doc
DMAls
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. ((a. .
FROM:
DATE:
Raul Rojas, Public Works Director
November 13, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
SUBJECT: Reimbursement Agreement with Kern County Water Agency (KCW A) to i stal a 30-inch
Waterline in Auburn Street ($1,300,000.00). (Ward 3)
RECOMMENDATION: Staff recommends approval of the reimbursement agreement.
BACKGROUND: As part of the new interchange project along State Route (SR) 178 at Fairfax Road, a
sound wall must be constructed along the residences on the north side of SR-178. While the sound
wall will be within state right-of-way, earthwork to support the wall will be conducted both within as well
as outside of state right-of-way. Temporary construction easements to conduct this earthwork have
been obtained from 55-60 adjacent residents. However, the location of the sound wall and the
associated dirt embankment also falls within a 20-foot easement for a 24-inch waterline owned and
operated by the KCW A. This waterline was not designed to support the additional dirt embankment
that is required to construct the sound wall and so must be relocated.
KCWA was planning to install a new additional 16-inch waterline in Auburn Street, that would run
parallel to the existing 24-inch waterline, to improve their current system capacity. Through discussions
with KCW A it was determined that by installing a 30-inch waterline in Auburn Street instead of the 16-
inch waterline, as they had originally proposed, the system needs would be met and the existing 24-
inch line and associated easement could then be abandoned allowing the earthwork and sound wall
construction to proceed.
The reimbursement agreement outlines that the City will pay the difference in cost incurred by KCW A
for installing the 30-inch waterline instead of the planned 16-inch waterline. The estimated cost for this
difference is approximately $1,300,000, but the actual cost difference will be based on contractor bids
for these waterlines.
November 15, 2007, 11:20AM
Tdw:G:\GROUPDAl\ADMINRPT\2007\11-28\KCWA Utility Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4, bi,
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
November 5, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 05-348 increasing total compensation to Dresser
Services, Inc. ($15,000; for a revised not to exceed amount of $65,000) for Asbestos
Survey Reports.
RECOMMENDATION: Staff recommends approval of Amendment No.1.
BACKGROUND: Dresser Services was awarded this services agreement in October 2005 for a period
ending June 30, 2008. In the last 24 months Dresser Services has completed sixteen asbestos surveys for
a total amount of $43,664.70 of the original $50,000.00 allocated. The additional funds authorized by this
Amendment No. 1 should be adequate to complete this agreement.
PW/ENGR 8M
November 5,2007, 7:21AM
G:\GROUPDAT\ADMINRPT\ADMINFORM.doc
G:\GROUPDAT\ADMINRPT\2007\11-28\Amendment No.1 to Agreement No. 05348 - Dresser Services.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4. c.c.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
November 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 06-344 with Valley Business Printer , Incorporated
($60,000.00, revised not to exceed $120,000.00 and extending the term for one (1) year)
for the Annual Contract for Printing Recreation Brochure for the Recreation and Parks
Department.
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
'BACKGROUND: On November 15, 2006, Council awarded the Annual Contract for Printing Recreation
Brochure to Valley Business Printers, Incorporated, in the amount of $60,000.00. The Agreement allows
for a one (1) year extension if all parties agree. City staff and Valley Business Printers, Incorporated
agree to the extension of Agreement under the same terms and conditions'. Extending the Agreement
allows the City to continue working with a good provider and saves staff time and efforts required if this
item were to be re-bid. Sufficient funds are budgeted to cover this contract amendment.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-344, Valley Business Printers, Inc, November 28, 2007.doc
November 15, 2007, 1 :36PM
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA S~CTION: Consent Calendar
ITEM: Lfr dd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
November 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 1 to Agreement No. 06-345 with Valley Pacific Petroleum Services,
Incorporated ($4,000,000.00, revised not to exceed $8,000,0000.00 and extending the term
for one (1) year) for the Annual Contract for Gasoline and Diesel Fuel. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On November 15, 2006, Council awarded the Annual Contract for Gasoline and Diesel
Fuel to Valley Pacific Petroleum Services, Incorporated, Bakersfield, in the amount of $4,000,000.00. The
Agreement allows for a one (1) year extension if all parties agree. City staff and Valley Pacific Petroleum
Services, Incorporated agree to the extension of Agreement under the same terms and conditions.
Extending the Agreement allows the City to continue working with a good provider and saves staff time
and efforts required if this item were to be re-bid. Sufficient funds are budgeted to cover this contract
amendment.
Purchasing Division
DW
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 06-345, Valley Pacific Petroleum Services, Inc., November 28, 2007.doc
November 15, 2007, 4:30PM
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA ~~CTION: Consent Calendar
ITEM: I-ftce-,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
November 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment NO.3 to Agreement No. 05-246 with Hargis and Son ($140,000.00, revised not
to exceed $380,000.00 and extending term for one year) for the annual contract for
biosolids hauling and spreading. (Wards 1 and 6)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On May 11, 2005, Council awarded the annual contract for the hauling and spreading of
dried biosolids generated by Wastewater Treatment Plants Nos. 2 and 3. On September 13, 2006,
Council approved Amendment No.1, adding $80,000.00 to the Agreement for a revised not to exceed
contract amount of $160,000.00 and extending term one year to expire November 30, 2007. On August
15, 2007, Council approved Amendment No.2, adding $80,000.00 to the Agreement for a revised not to
exceed contract amount of $240,000.00 with no extension of time requested. The agreement allows for a
one (1) year extension if all parties agree. If approved, Amendment NO.3 will add $140,000.00 to the
Agreement for a revised not to exceed contract amount of $380,000.00 and will extend term one year to
expire November 30, 2008. This project will re-bid prior to the expiration date in 2008.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #3 to Agreement 05-426, Hargis and Son, AC hauling and spreading biosolids, November 28,
2007.doc
November 15, 2007, 1:13PM
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: t.f~ .pf.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 19, 2007
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 1 to Agreement No. 06-347 with Teichert Construction
($68,140.68 for a revised not to exceed amount of $3,255,255.68) for the project known as
72" Sewer Construction WWTP #2 to Redbank Road (Ward 1).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the Construction of a new 72" Trunk Sewer from Wastewater
Treatment Plant #2 to the intersection of Oswell Street and Redbank Road.
After constructing the manholes, it was discovered that protection was needed for the manholes within the
area of the city farm. This will protect the sewer manholes from being hit by farm equipment. The
contractor has agreed to install 48" diameter corrugated steel pipe shields on 20 manholes for the lump
sum price of $24,300.
During construction, an undetected 48" irrigation line was discovered within the alignment of the new
sewer pipe. This irrigation pipeline is currently in use. The contractor has agreed to protect the irrigation
pipeline in place during sewer pipe laying operations for the lump sum price of $14,875.36.
A steel plate plugging the end of the existing 72" sewer pipe in the headworks at Treatment Plant #2
needs to be removed so sewage from the new trunk line can flow into the treatment plant. The contractor
has agreed to remove this plate from inside the headworks for the lump sum price of $8,499.92.
A temporary lift station on Oswell Street at Zephyr Lane needs to be removed. This lift station is currently
serving City housing; however, the sewage from this lift station is being sent to the County Treatment
Plant as a temporary measure until the new trunk sewer is finished. Removal of this lift station and some
manhole modifications are necessary in order that this sewage flows into Treatment Plant #2 as intended.
The contractor has agreed to perform this work for the lump sum price of $34,529.90.
During construction operations, it was discovered that the new sewer line needs to be raised
approximately two feet in elevation in order to match the existing 72" sewer line at Treatment Plant #2.
The contractor has agreed to provide a credit of ($39,660.60) for this grade adjustment.
Several contract item quantities must be either increased ($30,016.60) or decreased ($4,420.50) in order
to construct the project per the plans and specifications. The net cost of these increases and decreases in
quantity will result in a net increase of $25,596.10.
G:\GROUPDAT\ADMINRPT\2007\11-28\CCO 1 -72 inch Sewerwwrp 2 to Redbank.doc
RM
ADMINISTRATIVE REPORT
This is the first change order to be submitted for this project. This change order will increase the project
total by $68,140.68 (which is an increase of 2.1% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$3,187,115.00
$3,255,255.68
$ 68,140.68
.
=
=
G:\GROUPDATlADMINRPT\2007\11-28\CCO 1 - 72 inch Sewer WWTP 2 to Redbank.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4.
TO:
FROM:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
November 14, 2007
SUBJECT: Contract Change Order NO.1 to Agreement No. 07-369 with BV. Construction ($ 5,187.00
for a revised not to exceed amount of $196,647.00) for the project known as City Farm
Irrigation Line Relocation (Ward 1).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the relocation of an irrigation line at the City Farm along
Redbank Road.
During the course of construction, it was discovered that the existing design of the irrigation relocation will
conflict with the current farming operations. These modifications are needed in three locations, as outlined
in the attached Contract Change Order.
This is the first change order to be submitted for this project. This change order will increase the project
total by $25,187.00 (which is an increase of 1.5% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$171,460.00
$196,647.00
$ 25,187.00
.
=
=
G:\GROUPDAT\ADMINRPT\2007\11-28\CCO 1 - City Farm Irrigation Relocation.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA ~~CTION: Consent Calendar
ITEM: 4, hn.,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
November 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 4 to Agreement No. 07-028 with Wallace and Smith
Contractors ($17,422.23 for a revised not to exceed amount of $3,361,087.09) for the Fire
Station NO.5 and Police Satellite Office Project (Ward 1).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the construction of a fire station and police satellite office at
106 E. White Lane.
During construction, it was discovered that several changes need to be made to the electrical system.
These changes are needed to increase the functionality of the fire station portion of the building and to
provide for some additional safety features. The contractor has agreed to perform this additional electrical
work for the lump sum price of $10,075.66.
The paint colors for the interior and exterior of the building were listed incorrectly in the project
specifications. The contractor has agreed to provide the intended paint colors at no additional cost.
Additional cutting and grinding work on the interior masonry walls is needed in order to provide for the
proper installation of gypsum board to the connection wood framed walls. The contractor has agreed to
do this additional work for the lump sum price of $6,396.63.
During construction, it was discovered that additional conduit and wiring is needed to provide for the
communication equipment being installed in this facility. The contractor has agreed to perform this
additional work for the lump sum price of $949.94.
This is the fourth change order to be submitted for this project. This change order will increase the project
total by $17,422.23. The change orders to date on this project reflect a net increase of $50,397.09 (which
is an increase of 1.5% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$3,310,690.00
$3,361,087.09
$ 50,397.09
.
=
=
G:\GROUPDAT\ADMINRPT\2007\11-28\CCO 4 Fire Station 5.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. ;1'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Javier Lozano, Human Resources Manager
DEPARTMENT HEAD
November 15, 2007
CITY ATTORNEY
CITY MANAGER
t/~
Ill-
,
SUBJECT: 2008 HEALTH CARE CONTRACTS
1. Amendment No.2 to Agreement No. 05-414 with Blue Cross of California for Indemnity
Health and Dental Services.
2. Amendment No.2 to Agreement No. 05~15 with Blue Cross/California Care Health
Plans for Medical Services for employees and retirees.
3. Amendment No. 2 to Agreement No. 05-416 with Blue Cross of California for the
Medicare Risk Plan Senior Secure.
4. Amendment NO.2 to Agreement No. 05-417 with Kaiser Permanente - Managed
Care Health Plans for Medical Services for employees.
5. Amendment No. 2 to Agreement No. 05-418 with Kaiser Permanente - Managed
Care Health Plans for Medical Services for retirees.
6. Amendment No. 2 to Agreement No. 05-419 with Medical Eye Services (MES) and
Security Life Insurance Company for Vision Services.
7. Amendment No. 2 to Agreement No. 05-420 with Pacific Union Dental for pre-paid
Dental Services.
8. Amendment No.2 to Agreement No. 05-421 with Dedicated Dental Systems, Inc. for
pre-paid Dental Services.
9. Amendment No.2 to Agreement No. 05-422 with PacifiCare Behavioral Health of
California for Employee Assistance Program (EAP).
10. Amendment No. 2 to Agreement No. 05-423 with PacifiCare Behavioral Health of
California for Emotional Health Care Services.
11. Amendment No. 1 to Agreement No. 06-337 Independent Contractors Agreement
with Fort Dearbon Life Insurance Company for Employee Life Insurance.
November 19, 2007, 12:15PM
J. Lozano/al
S:\Admin Rpts\2007\2008 Health Insurance Admin Report 112807.doc
Page 1
ADMINISTRATIVE REPORT
RECOMMENDATION:
Tentative approval is recommended subject to possible alterations and clarifications that will come
from the Personnel Committee meeting scheduled for November 27, 2007.
BACKGROUND:
The City's contracts for health insurance are up for renewal for 2008. Our health care consultants,
Buck Consultants, have worked diligently with the various vendors in an effort to arrive at the most
favorable renewal rates for 2008. The following are the result of BUCK Consultants negotiations with
providers.
Blue Cross increases:
- Active PPO Plan 20.2%
- Retiree PPO Plan 0.0%
- Active HMO Plan 0.9%
- Retiree HMO Plan 19.4%
(A significant part of this increase is due to the five year transition to unblended
rates. This is the third year of the five year transition.)
- Retiree Senior Secure
- Dental Plan
8.0%
0.0%
Kaiser increases:
- Active 11.9%
- Retiree (under 65) 56.7%
(A significant part of this increase is due to the three year transition to un blended
rates. This is the first year of the three year transition.)
- Sr. Advantage 44.6%
(The 2007 premium (a 15.7% decrease) was a mistake by Kaiser. Kaiser has corrected
this for 2008 so the true increase is 28.9%. Bringing it to a 44.6% increase for 2008)
All of the other plans have reauested minimal or no increases for 2008
- Dedicated Dental 0.0%
- Pacific Dental Actives 6.0% for on a two year guarantee rate
- Pacific Dental Retirees 4.0% for on a two year guarantee rate
- Medical Eye Services 0.0%
- PacifiCare Behavioral Health 2.0%
Overall all the active plans are increasing by 11.7% for 2008 and all the retiree plans are increasing
by 11.7%. This compares to an 8.9% increase for active plans in 2007 and a 12.7% increase for
retiree plans in 2007.
It is important to note that the City and the Insurance Committee are currently undergoing negotiations
to identify cost management opportunities which may result in slight changes to these increases.
Updated information will be provided from that to the Personnel Committee on November 27, 2007.
Following that, the City Council will be updated with new information.
November 19, 2007, 12:15PM
J. Lozano/al
S:\Admin Rpts\2007\2008 Health Insurance Admin Report 112807.doc
Page 2
ADMINISTRATIVE REPORT
MEETING DAT~ November 2812007
AGENDA SECTION:
ITEM:' '-f.' I
Consent Calendar
TO:
FROM:
'! Honorable Mayor and City Council
: FlornCore,Water Resources Manager
APPROVED
DEPARTMENT HEAD ~
DATE:
November 14, 2007 I
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and award contract to Bakersfield Well and Pump Company in the amount of'
$1,130,145.00 for drilling and pump testing three domestic water wells; CBK 53 loqated within Tract 6328 in the
vicinity of Panama Ln. and Mountain Vista Dr.; CBK 54 located within Tract 6167 in the vicinity of Old River Rd. and
Pacheco Rd.; and CBK 55 located within Tract 6329 in the vicinity of Harris Rd. and Old River Rd. (Ward 6)
RECOMMENDATION: Staff recomm8f1ds acceptance of low bid and award of contract,
BACKGROUND: This Project will add three (3) new domestic water wells to the City system providing for needed
capacity and pressure to the City of Bakersfield's expanding Southwest side of town. The project will include drilling
and pump testing of Ashe Water Wells CBK-53, 54, and 55. Previous domestic water well drilling contracts have
been awarded to Bakersfield Well and Pump Company, being the low bidder for the projects, with comparable overall
costs and resulting in good water qual,ty wells with few change orders required for completion of the new wells.
2 acceptable bids were received on October 19, 2007 for this project, as follows:
Bakersfield Well and Pump Company
7212 Fruitvale Avenue
Bakersfield, CA 93308......... ...... ...... ... ... ... ...... ...... ......... ... ... ..... in the amount of: $1,130,145.00
Layne Christensen Company
11001 Etlwanda Avenue
Fontana, CA 92337 (Out of county)............... ,................................... in the amount of: $1,461,999.00
Brown and Fowler.
4211 Atlas Court
November 15, 2007, 8:02AM
S:\2007 ADMIN RI;PORTS\Admin Nov280~BkrsfldWell&Pump.doc
ADMI'NISTRATIVE REPORT
MEETING DATE November 28,2007
AGENDA SECTION:
ITEM: '-/' K. /It. .
Consent Calendar
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
FROM:
FlornCore, Water Resources Manager
CITY MANAGER
DATE:
November 14, 2007
CITY ATTORNEY
SUBJECT: Accept bid and award contract to Parsam Construction in the amount of $755,5 0.00 for two
domestic water well block pumphouses; CBK-47 located at 8907 Rockefeller C1., and CBK-49 located at 5700
Entrada Oel Aqua. (Ward 6)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will bring two new domestic water wells into operational status adding needed capacity
and pressure to the City of Bakersfield's water system. The project will include construction of (2) concrete block
pumphouses, installation of (2) Oeepwell Turbine Pumps and motors, (2) panel boards,(1) standby generator, and
miscellaneous piping and appurtenances for Ashe Water Wells CBK-47 and 49.
6 acceptable bids were received on October 19, 2007 for this project, as follows:
Parsam Construction I nc
3334 Barnes Circle
Glendale, CA 91208 (Out of county)... ...... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... in the amount of: $ 755,500.00
Kern County Construction, Inc.
309 Kampa St
Bakersfield, CA 93307...... ... ... ... ... ... ...... ... ...... ...... ... ...... ... ... ......... ..... in the amount of: $ 771,152.00
HPS Mechanical, Inc.
3100 East Belle Terrace
Bakersfield CA 93307... .. . ... ... ... ... ... .... . .. ... ... .. . ... ... ... .. . ... ... ... ... ... ... ..... in the amount of: $ 912,051 .00
Brown and Fowler.
4211 Atlas Court
Bakersfield CA 93308 ... ... ... ... ...... ... .... ... ... ...... ... ... ... ...... ... ... ... ...... .... in the amount of: $ 963,637.00
Bowe Contractors
42424 4th 51. East
Lancaster CA, 93535 (Out of county)... ... ... ............ ...... ... ... ... ... ... ...... .... in the amount of: $ 1,011,000.00
Bakersfield Well and Pump Company
7212 Fruitvale Avenue
Bakersfield, CA 93308...... ... .,. ... ... ... ...... ... ......... ... ... ... ... ... ... ... ... ... .... in the amount of: $ 1,067,788.00
November 15. 2007. 7:58AM
S:\2007 ADMIN REPORTS\Admin Nov2807Parsam(1).doc
ADMI'NISTRATIVE REPORT
MEETING DATE November ,28, 2007
AGENDA ~ECTION:
ITEM: t+, If
Consent Calendar
TO:
FROM:
Honorable Mayor and, City Council
Florn Core, Water Resources Manager
APPROVED
D.EPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER
DATE:
November 14, 2007
SUBJECT: Accept bid and award contract to Parsam Construction in the amount of $654,00.00 for tWo domestic
water well block pumphouses; Olcese 1 located at 16620 Panama Ln. and Olcese 2 located at 17610 Panama Ln.
(Ward 4)
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will provide for upgrades on two prior agricultural supply wells completing their
conversion into domestic water wells in order to supplement needed capacity and pressure to the City of
Bakersfield's water system. The project will include construction of (2) concrete block pumphouses, installation of (2)
panel boards, (1) standby generator, and miscellaneous piping and appurtenances for Ashe / Olcese 1 & 2.
4 acceptable bids were received on October 19, 2007 for this project, as follows:
Parsam Construction Inc
3334 Barries Circle
Glendale, CA 91208 (Out of county)..................................................... in the amount of: $ 654,000.00
Kern County Construction, Inc.
309 Kampa St
Bakersfield, CA 93307...... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ...... ... ... .,. ..... in the amount of: $ 739,876.00
Brown and Fowler.
4211 Atlas Court
Bakersfield CA 93308 ... ... ... ... ... ...... .... ... ... ... ... ... ...... ... ... ...... ... ... ... .... in the amount of: $ 805,731.00
Bowe Contractors
42424 4th St. East
Lancaster CA, 93535 (Out of county)... ... ... ... ... ... ... .. . ... ... ... ... ... ... ... ... ... in the amount of: $ 844,600.00
November 15, 2007, 8:01AM
S:\2007 ADMIN REPORTS\Admin Nov2807Parsam(2).doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: LJ. IY\ l'Y\.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
November 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Jim Burke Ford in the amount of $359,503.82 for three (3) re acements
and one (1) additional stencil paint truck for the General Services Division. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing three (3)
replacements and one (1) additional stencil paint truck to be used by the General Services Division.
Five (5) acceptable bids were received in response to solicitation and are as follows.
I (3) (1)
Replacement Additional
COMPANY Stencil Paint Truck Stencil Paint Truck
No Options w/Post Puller
Option
Jim Burke Ford II I
Bakersfield, California $88,725.70 $93,326.72
Line Master Engineering, Inc II I
Long Beach, California $89,742.51 $94,343.54
M-B Companies, Inc II I
Salem, Oregon $94,003.56 $97,692.96
Broadway Ford II I
Oakland, California $96,191.91 $102,271.91
West Covlna Motors II I
West Covina, California $140,497.50 $143,071.50
Staff finds the low bid to be acceptable and recommends award of the bid for three (3) Stencil Paint
Trucks with no options and one (1) Stencil Paint Truck with Post Puller option to Jim Burke Ford,
Bakersfield, California
Purchasing Division
Kb
S:\PURCH\ADMIN\Slencil Paint Trucks, 07-08-40.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4., nfl.
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 7, 2007
/
SUBJECT: Accept bid and award contract to Bakersfield Floor Covering, Inc. ($44,924.5d) for Carpet
and Tile for the Borton Petrini Building, 1 st Floor. (Ward 2)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to twenty-six (26) contractors for providing carpet and floor
coverings for the Borton Petrini Building, 1 st Floor. Two bids were received and are as follows:
BIDDER
AMOUNT
$44,924.50
Bakersfield Floor Covering, Inc.
Bakersfield, California
San Joaquin Interiors
Bakersfield, California
$50,000.00
Staff finds the low bid of $44,924.50 from Bakersfield Floor Covering, Inc. to be acceptable and
recommends award of contract. Funds are available in the 2007-2008 Budget.
Purchasing Division
S:\PURCH\ADMIN\Carpet and Tile for BP 1st Floor, 07-08-38, November 28, 2007.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4, DO.
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 6, 2007
SUBJECT: Accept bids from Broadway Ford ($68,982.90) and West Covina Motors, Inc 17,832.46)
for two (2) replacement and three (3) additional Pickup Trucks (various departments). Total
$86,815.36. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bids.
BACKGROUND: Invitations to bid were sent to over one hundred (100) vendors for providing five (5) %
and one-ton pickup trucks. Three (3) acceptable bids were received in response to the solicitation. An
abstract of the bids is attached.
In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the
bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split
as follows:
BIDDER
NUMBER OF
VEHICLES
TOTAL
AMOUNT
ADDITIONAL OR REPLACEMENT I
One (1) Replacement for Police Dept
Three (3) Additional for Public Works
Streets & General Services Divisions &
Water Resources De t
One (1) Replacement for Recreation
and Parks De artment
Broadway Ford
Oakland, California
West Covina Motors, Inc
West Covina, California
4
$68,982.90
1
$17,832.46
Purchasing Division
S:\PURCH\ADMIN\Two Wheel Drive Pickups 8600 GVW, 07-08-25, November 28, 2007.doc
November 14, 2007, 4:30PM
ADMINISTRATIVE REPORT
The table below provides the unit prices bid for each vehicle classification.
The low bids are indicated with a dotted line.
COMPANY
(3) (1)
Two-Wheel Drive Two-Wheel Drive
% ton One ton SRW
No Options w/60" cab to axle
1- ~ - - -Ir - - - -..,
I $17,017.82 II $17,929.44 I $18,361.66
. - - - - - -- - - - --
.-----.,
L $17,832.46 J
----
(1)
Two-Wheel Drive
One ton wi
Dual rear wheels
Broadway Ford
Oakland, CA
West Covlna Motors
West Covina, CA
$17,160.00
NO BID
Jim Burke Ford
Bakersfield, CA
$17,265.56
NO BID
NOBID
Purchasing Division
S:\PURCHIADMIN\Two Wheel Drive Pickups 8600 GVW, 07-08-25, November 28, 2007.doc
November 6,2007, 5:54PM
ADMINISTRA liVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 14, 2007
SUBJECT: Accept bid from Jim Burke Ford in the amount of $513,751.83 for fourteen 14) r placement
and eight (8) additional four-door police special sedans for the Police
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to over one hundred (100) suppliers for providing fourteen
(14) replacement and eight (8) additional four-door police special sedans to be used by the Police
Department.
Two (2) bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$513,751.83
Jim Burke Ford
Bakersfield, California
Broadway Ford
Oakland, California
$515,332.70
Staff finds the bid submitted by Jim Burke Ford to be acceptable.
Purchasing Division
OW
S:\PURCH\ADMIN\Four-Door Police Special Sedans, 07-08-42, November 28, 2007.doc
November 14, 2007
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manage~EPARTMENT HEAD
October 30,2007 CITY ATTORNEY
CITY MANAGER
SUBJECT: Revised Job Specifications: GIS Analyst #25140
Network Systems Analyst #25100
I
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The IT Director is requesting that the Network Systems Analyst job specification be revised to add the
functional specialty of systems trainer. A trainer is critical to the impending rollout of City-wide software
updates. It is appropriate to add this as an option to the existing Network Systems Analyst job
specification. The same skill sets are required in addition to training. A new Network Systems Analyst
position was added to the IT Division budget for FY 2007/08 for this purpose.
The GIS Analyst job specification is being revised to add the option to do high,-Ievel spatial analytical work.
A new GIS Analyst position was added to the IT Division budget for FY 2007/08 for this purpose. In
addition, we have taken the opportunity to update current terminology and technology.
There is no budgetary impact as the salary will remain the same for both classifications. SEIU concurs
with the proposed revisions. The revised job specifications will be presented to the Miscellaneous Civil
Service Board at their November 20, 2007 meeting.
(cc)
S:\Admin Reports - 2007\IT Positions 10-07.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Consent Calendar
ITEM: '-I. r (' .
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
November 16, 2007
SUBJECT: Transfer and Appropriate $619,000 from the Old Town Kern, Operating Fund 0 th Low-
Mod Housing Fund for the Acquisition of Property located at 508 18th Street for the future
development of affordable housing.
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
The Redevelopment Agency set aside funds in fiscal year 2006-07 in the operating budget of the Old
Town Kern Redevelopment Project Area for the purchase of a small commercial structure located on the
SW corner of 18th Street adjacent to the canal. The property is currently planned as part of a mixed use
project that will include 9 waterfront affordable townhomes for families whose incomes do not exceed
120% of median income. Once acquired, the existing structure will be demolished and the property sold to
a developer for a fair reuse value. In order to place the applicable affordability covenants on the property
and allow the agency to receive affordable housing credits for the production of these units, the acquisition
and demolition costs concerning this commercial facility needs to be paid using affordable housing funds.
Therefore, the request to transfer the funds from the Old Town Kern Operating Fund to the Old Town Kern
Low-Mod fund is necessary in order to facilitate the purchase of this property for the future housing
development.
S:\Admins\City Council\City Council Admins 2007\18thSt.OTKOperTransfertoLowMod11-28-07.doc
11116/20079:37 AM
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Consent Calendar
ITEM: '-f-" < 'S',
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
November 14, 2007
SUBJECT: Community Development Block Grant and HOME Investment Partnership Action Plan
Amendment NO.2 (FY07/08) and Amendment No.3 (FY 06/07). (Wards 2 & 6)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economic and Community Development staff is proposing to reprogram Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) funds from program income or completed
projects. In compliance with HUD regulations, any significant change or addition to the approved CDBG
or HOME annual plan must undergo an amendment process which includes obtaining citizen views and
comments on the proposed change for a period of 30 days. A notice was published on October 27,2007
requesting comments and to date no comments have been received.
Staff is proposing the following amendments to CDBG/HOME activities:
1) Cancel, transfer and reprogram $243,170 from the Central Park Restroom Construction Project to
the 34th Street Streetscape Project Phase 1. (Ward 2)
2) Cancel, transfer and reprogram $300,000 from the 34th Street Streetscape Improvement Project
Phase II to the 34th Street Streetscape Project Phase I. (Ward 2)
3) Reprogramming of HOME project savings/program income in the amount of $200,000 for
downpayment and closing costs assistance for low-income families to purchase a home at the
Taylor Street Condos located at 609 Taylor Street. (Ward 6)
S:\Admins\City Council\City Council Admins 2007\action plan amendment 11-28-07.doc
11/14/20073:55 PM
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Miscellaneous
ITEM: .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
October 30, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 06-0494 (Ward 3, upon annexation).
Mcintosh and Associates, representing Douglas DeBerti and Sandye Deberti, the property
owners, have applied for a general plan amendment and zone change on 60 acres, located
on the east side of Edison Road (future), 1/2-mile north of Breckenridge Road.
1. Resolution denying the general plan amendment changing the land use designation
from R-MP (Resource - Mineral Petroleum) and OS (Open Space) to LR (Low
Density Residential) on 60 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and amendment
to Zoning Map No. 104-28 from A (Agriculture) to R-1 (One Family Dwelling) on 60
acres.
RECOMMENDATION:
Staff recommends continuance to the next General Plan Amendment cycle.
BACKGROUND:
Correspondence was received from Mcintosh & Associates, the applicants representative dated on October
29, 2007 requesting that GPA/ZC 06-0494 be continued to the next General Plan Amendment cycle.
JS\S:GPA 31ll 2007\06-0494
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Hearings
ITEM: 5: a.-
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 23, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 07-1218. (Ward 5)
Aaron Hashim, representing The Davis Family Trust, the property owner, has applied for
a general plan amendment and zone change on 22.46 acres, located at the northwest
comer of Gosford Road and Berkshire Road (future alignment).
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from HMR (High Medium Density
Residential) to OC (Office Commercial) on 22.46 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Section 17.06.020 (Zone Map No. 123-29) of Title Seventeen of the Bakersfield
Municipal Code by changing the zoning from R-2 (Limited Multiple Family
Dwelling Zone) to C-O/PCD (Professional and Administrative Office/Planned
Commercial Development Zone) on 22.46 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of office commercial uses on the 22.46 acre project site.
The Planning Commission conducted a publiC hearing on this general plan amendment/zone change
and recommended approval to the City Council on September 20, 2007. No individuals or agencies
were present at the hearing and the applicant agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 7,2007, in
accordance with CECA. Notice was also given to the industrial owners in the vicinity of the project site.
MO:dc - S:\GPA 3rd 2007\07-1218\Admin SR\Admin R 07-1218.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Hearings
ITEM: 5~ h
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
October 11, 2007
CITY ATTORNEY
CITY MANAGER
/
/
SUBJECT:
General Plan AmendmenUZone Change 07-1365 (Ward 5/6, upon annexaton)
Carl R. Moreland, representing Banducci Land, LLC, the property owner, has applied for
a general plan amendment and zone change on 45.4 acres, located at the northwest
corner of Gosford Road and the future McKee Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource - Intensive
Agriculture) to LI (Light Industrial) on 45.4 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 123-32 from A
(Agriculture) to M-1 (Light Manufacturing) on 45.4 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of light industrial land uses on the 45.4 acre project site.
The Planning Commission conducted a public hearing on this general plan amendmenUzone change
on September 20, 2007, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on August 9,2007, in
accordance with CECA.
S:\GPA 3rd 2007\07-1365\Staff Reports\Admin Report 1st Reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Hearings
ITEM: 5. C .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
,.
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
October 16, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment 07-1373 (City-wide)
The City of Bakersfield Planning Department has applied for a gerleral plan
amendment to incorporate two (2) additional policy statements in the Land Use
element.
1. Resolution approving the Notice of Exemption and adopting the proposed
amendments to the Land Use element of the Metropolitan Bakersfield General
Plan.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Notice of Exemption and approving the
proposed general plan amendment.
BACKGROUND:
The proposal frqm city planning staff would add two (2) new policy statements to the Land Use
element ofthe General Plan.
The first policy would allow flexibility in regard to multi-family residential infill development on smaller
lots if and when the proposed development would be compatible with the surrounding neighborhood.
This flexibility will permit the development of small vacant lots primarily located in southeast
Bakersfield. The second policy calls for an increase in the level of connectivity between commercial
centers and adjacent residential neighborhoods by promoting additional street and pedestrian
infrastructure between the uses. This "connectivity" is one of the primary principles of "smart growth"
and will reduce traffic at major intersections adjacent to commercial uses.
The Planning Commission conducted a public hearing on this general plan amendment on
September 20, 2007, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request.
Staff reviewed applicable regulations and have determined that the creation of an environmental
document is not necessary for this action. Therefore, a Notice of Exemption was prepared on August
15,2007, in accordance with CECA.
RB-S:\GPA 3rd 2007\07-1373\PC SRlAdmin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Hearings
ITEM: !)~ rL
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
October 2, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change No. 07-1535. CNard 3).
The City of Bakersfield has requested a general plan amendment and zone change on
approximately 19.47 acres located along the south side of State Route 178, east of
Canteria Drive.
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment changing the land use designation from HMR (High Medium Density
Residential) and MUC (Mixed Use Commercial) to OS-P (Parks and Recreation)
on 19.47 acres.
2. First reading of ordinance approving the Notice of Exemption, amending Title 17 of
the Municipal Code and amending Zoning Map No. 104-07 from R-S-2.5A
(Residential Suburban - 2.5 acre minimum lot size) to RE (Recreation) on 19.47
acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Notice of Exemption and approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
This project involves a change to the current land use designation and zoning to the City-owned
Sportspark Complex, located on the south side of State Route 178 adjacent to the former Mesa Marin
Raceway. The Sportspark, consisting of several softball fields, a concession stand and maintenance
building, was built approximately 30 years ago. The Sportspark's original owner applied for and was
granted a conditional use permit to operate the recreational facility. The City of Bakersfield purchased
the complex in March 2002 and proposes to change the land use and zoning to acknowledge the
historical and existing use of the property.
The Planning Commission conducted a public hearing on this general plan amendment and
recommended approval to the City Council on September 20, 2007. No individuals or agencies present
at the hearing opposed the request. .
Staff determined that the California Environmental Quality Act (CEQA) pursuant to Section 15301 (d)
does not apply to the proposed project. The project does not have the potential to cause significant
adverse effects to the environment, since the project involves an existing facility and no expansion to
the existing use. Therefore, a Notice of Exemption was prepared, in accordance with CECA.
dVS:\GPA 3rd 2007\07-1535\Admin SR\Admin Report 07-1535.doc
ADM"INISTRA TIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Hearings
ITEM: s: e
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
October 23, 2007
CITY ATTORNEY
CITY MANAGER
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT:
General Plan Amendment 07-1469. 0Nard 1).
/
The City Public Works Department for the City of Bakersfield applied for a general plan
amendment to amend the circulation map, located along Dr. Martin Luther King Jr.
Boulevard between East California Avenue and East Brundage Lane.
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment changing the circulation designation from an Arterial to a Collector
segment for Dr. Martin Luther King Jr. Boulevard between East California
Avenue and East Brundage Lane.
RECOMMENDATION:
Staff recommends adoption of a resolution, approving the Notice of Exemption and approving the
general plan amendment.
BACKGROUND:
This proposal will allow Dr. Martin Luther King Jr. Blvd. to continue as a four-lane roadway as it exists
today. If approved, any new development along the roadway will not be required to dedicate an
additional lane for street purposes. The current road width will handle projected increases in traffic
volumes as predicted by the most recent traffic model, according to the Public Works Department.
The Planning Commission conducted a public hearing on the proposed general plan amendment on
September 20,2007, and recommended approval to the City Council. No agencies were present at
the Planning Commission public hearing and no one opposed the request. Staff received several
phone calls requesting additional information on the proposal.
A Notice of Exemption was prepared in accordance with CECA.
MO:dc\\S:\GPA 3rd 2007\07-1469 CiMdmin Rpt 07-1469.doc
ADMINISlRA liVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Hearings
ITEM: j:_p
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 17,2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 05-1420 (Ward 5, upon annexati
Marino and Associates, representing Bakersfield-Taft, LLC, the property owner, has applied
for a general plan amendment and zone change on 313:t acres generally located in the
southwestern portion of Metropolitan Bakersfield and is generally bounded by State Route
119 (SR-119) (Taft Highway) on the north, Curnow Road to the south, Old River Road to
the east and Buena Vista Road to the west.
1. Resolution making findings approving and certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment/Zone Change No. 05-1420.
2. Resolution adopting the general plan amendment changing the land use designation
from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on
approximately 235 acres and from R-IA to LMR (Low Medium Density Residential)
on approximately 78 acres.
3. First Reading of ordinance amending Title 17 of the Municipal Code and amending
Zoning Map No. 142-06 from A (Agriculture) to R-1 (One Family Dwelling) zone on
approximately 235 acres and A to R-2 (Limited Multiple Family Dwellings) zone on
approximately 78 acres.
RECOMMENDATION:
Staff recommends adopting of a resolution certifying the Final EIR, adoption of a resolution approving the
proposed general plan amendment, and first reading of the ordinance.
BACKGROUND:
The project is commonly known as the Bakersfield-Taft - Project #05-1420 and consists of approximately
313:t acres. The property is in the unincorporated portion of metropolitan Bakersfield and is proposed to
be annexed. For purposes of analyzing the environmental impacts of the proposed project, the EIR
considered impacts of constructing a maximum of 1,300 single-family residential lots ranging from 4".500
square feet to 8,400 square feet, a six acre neighborhood park, four sumps, a concurrent general pian
amendment and zone change, and land subdivision.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was
ADMINISTRATIVE REPORT
Page 2
prepared. The Planning Commission and staff conducted several hearings on the EIR including a public
scoping meeting on November 1, 2006, an adequacy hearing to receive comments on the Draft EIR on
August 2,2007, and a hearing on the Final EIR on September 20,2007 and October 4,2007. The Final
EIR was recommended for certification by the Planning Commission on October 4, 2007.
Policy C.14. of the Conservation Element of the Metropolitan Bakersfield General Plan requires the
decision making body to evaluate ten factors to determine the appropriateness of agricultural conversion
proposals. These factors were addressed in the Farmland Conversion Study prepared by WZI, Inc.
(January 2007) for the project. Conversion of prime agricultural land on-site would be mitigated through
implementation of the project's sponsor's participation in a farmland conservation program. 227 acres of
the project site are under Williamson Act Contract. Although a Notice of Non-Renewal has been filed, the
term of the contract will not expire until December 31,2014.
The Planning Commission conducted a public hearing on this general plan amendment/zone change and
recommended approval to the City Council on October 4,2007. No individuals or agencies present at the
hearing opposed the request and the applicant agreed to all conditions and mitigation for the project.
Mitigation measures which address aesthetics, light, glare, agricultural resources, air quality, biological
resources, cultural resources, hazards and hazardous materials, hydrology and water quality, noise, public
services, traffic and circulation, and utilities are recommended as part of the project approval. In addition,
conditions of approval requiring the payment of a Williamson Act land use contract cancellation fee and
the preparation of a master park and trails plan for the project are recommended.
Despite compliance with local ordinance, state laws, mitigation measures incorporated into the project as
conditions of approval, and construction in accordance with the Uniform Building Codes, project related
impacts for aesthetics and traffic impacts would remain significant. Staff and Planning Commission
recommend certification of the Final EIR and accompanying mitigation monitoring and reporting program
and the adoption of CEQA findings and a statement of overriding consigerations as required pursuant to
State CEQA Guidelines Sections 15091 and 15093.
S:\GPA 3rd 2007\05-1420 (Bakersfield-Taft EIR)\Staff Report\Admin FEIR 1st reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Hearings
ITEM:
. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
November 2, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan AmendmentlZone Change 06-2053 (V\Jard 3)
East West Developers, representing Malladi S. Reddy, the property owner, has
applied for a general plan amendment and zone change on approximately 4.59 acres
located on the northwest comer of Alfred Harrell Hwy and State Route 178.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from ER (Estate Residential) to
GC (General Commercial) on 4.59 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 104-15 from R-1 (One
Family Dwelling) to C-1/PCD (Neighborhood Commercial/Planned Commercial
Development) on 4.59 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of 4 buildings totaling approximately 22,050 square
feet of gross leasable area and approximately 135 parking spaces; the buildings will include two
multiple-tenant retail structures, a convenience store and a gas pumps structure.
Traffic, biological, air quality and cultural resource studies were completed on the project. Conditions
of approval and mitigation measures which address air quality, biological resources, cultural
resources, bike circulation, transportation fees, and traffic, public and development improvements are
recommended as part of the project approval.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on September 20,2007, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation
for the project.
ADMINISTRATIVE REPORT
Page 2
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on August 9,
2007, in accordance with CECA.
CG-5:\GPA 3rd 2007\06-2053\Staff Reports\Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Hearings
ITEM: 5. It ,
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
October 16, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment 07-0619 (Ward 5)
Mcintosh & Associates, representing Grubb Ellis-ASU & Associates, has applied for a
general plan amendment on approximately 30 acres located west of Old River Road,
east of Green Road, and approximately 1500 feet north of Taft Highway.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource Intensive
Agriculture) to LR (Low Density Residential) on approximately 30 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment.
BACKGROUND:
The proposal would allow for the development of approximately 132 single family residences.
Traffic, air quality, farmland conversion, and cultural resource studies were completed on the project.
Conditions of approval and mitigation measures which address air quality, cultural resources, bike
circulation, transportation fees, and traffic, public and development improvements are recommended
as part of the project approval.
The Planning Commission conducted a public hearing on this general plan amendment on
September 20, 2007, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation
for the project.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on August
20, 2007, in accordance with CEOA.
RB-S:\GPA 3rd 2007\07-0619\Stalf ReportslAdmin Reporldoc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
TO:
FROM:
DATE:
AGENDA SECTION: Closed Session
ITEM:..
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
November 15, 2007
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section
54957.6
VG:dll
S:ICQUNCILICI SeelllAdmineI07-08111-28-07LaborNeg.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION: Presentations
ITEM: It" Q.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L Hall
November 16, 2007
J~
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Ann Olcott, Co-Chair
Masterworks Chorale 75th Anniversary Performance of Handel's
December 1, 2007, as "Bakersfield Masterworks Chorale Day".
RECOMMENDATION:
BACKGROUND:
ndw
November 16,2007, 10:25AM
S:\MA YORIADMIN\2007\BAKERSFIELD MASTERWORKS CHORALE. DOC
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SECTION: Hearing
ITEM: I 'f. t2- .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 12, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment and concurrent Zone Change 02-0030 (Ward 5)
Castle and Cooke California Commercial-CA Inc., the property owner, has applied for a
general plan amendment, and concurrent zone change on 73.53 acres located on the
west side of Gosford Road, between Pacheco Road on the north, and Harris Road on
the south for development of the Gosford Village Shopping Center.
1. Resolution certifying the Final Environmental Impact Report (FEIR) for General Plan
Amendment and Zone Change No. 02-0030, known as the Gosford Village Shopping
Center, and adopting related Findings of Fact, Statement of Overriding
Considerations, and Mitigation Monitoring and Reporting Program
2. Resolution adopting the general plan amendment changing the land use designation
from SI (Service Industrial) to a GC (General Commercial) designation on 73.53
acres.
3. First reading of ordinance amending Title 17 of the Municipal Code and amending
Zoning Map No. 123-20 from M-2 (General Manufacturing) to a PCD (Planned
Commercial Development) to allow development of a commercial retail shopping
center of a maximum of 700,000 square feet multiple tenant shopping center on
73.53 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adopting Findings of Fact, the
Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, and
adoption of a resolution approving proposed general plan amendment, and first reading of ordinance.
BACKGROUND:
Castle and Cooke Commercial CA, Inc. proposes to change the General Plan Land Use Element from
SI (Service Industrial) to a GC (General Commercial) designation. A concurrent zone change would be
required to change the project site designation from M-2 (General Manufacturing) to a PCD (Planned
Commercial Development) on 73.53 acres located west of Gosford Road, between Pacheco and Harris
Roads. The proposed 700,000 square feet (maximum) development of a retail commercial shopping
center includes 23 pads for tenants of various major retail, fast food, and commercial retail uses, as
well as a gas station. The project is anticipated to be anchored by seven major retail tenants, including
ADMINISTRATIVE REPORT
Page 2
Sam's Club, Kohl's Department Store, and a Wal-Mart Supercenter. The four remaining major retail
tenants are not known at this time. The seven major retail tenants will encompass 582,913 sq ft.
The project applicant, Castle and Cooke California Commercial-CA Inc, and the applicant for a similar
but smaller proposed shopping center, located 3.6 miles east of the proposed Gosford Village Shopping
Center, applied in early 2002 for project approvals, associated Zone Changes and General Plan
Amendments for each of their respective properties. The other project was, and is known as the
Panama Lane Shopping Center. Separate EIRs were prepared for each development project. The City
Council certified both EIRs, approved the projects, and approved the associated General Plan
Amendments and Zoning Changes in February 2003. Construction commenced on both project sites
soon thereafter. These approvals were challenged in litigation and ultimately, in Bakersfield Citizens for
Local Control v. City of Bakersfield, the Fifth District Court of Appeal invalidated the 2003 EIR and the
General Plan Amendment and Zone Change.
In late 2002, the Planning Commission heard public testimony from six people in opposition to the
project that consisted of concerns of lighting, noise, air pollution, traffic and economic impact. The
applicant spoke in favor of the project. The Planning Commission voted unanimously to recommended
approval of the project. In early 2003 the City Council heard testimony in opposition from Richard
Harriman, representing Bakersfield Citizens for Local Control (BCLC) and two other individuals. The
applicant and two other individuals spoke in favor of the project.
The Planning Commission conducted a publiC hearing on this project on September 17 and 20, 2007,
and recommended approval to the City Council. Two people spoke in opposition to the project. Renee
Nelson cited concerns with the Air Quality Agreement with the San Joaquin Valley Air Quality District,
and urban decay study. Michael Jennings, employee of Albertson's stated the wages compared to Wal-
Mart are not comparable to Wal-Mart and does not offer a lot of their employees healthcare. Nine
individuals, including the applicant, spoke in favor of the project. Several of these speakers liked the
competitive prices of Wal-Mart, and wanted to have the opportunity to shop there. A Wal-Mart
employee stated that she received health benefits for her operation through Wal-Mart. The Commission
voted unanimously to recommend approval of the project. Correspondence from Attorney Stephen A.
Herum dated September 18, 2007, was received as is attached. Mr. Herum's law firm represented
Bakersfield Citizens for Local Control in the pending litigation and states BCLC has not contacted him
to represent BCLC on this application.
The FEIR consists of 15 volumes (approximately 17,000 pages) and two of the volumes include three
cds with air quality model runs. The three cds contain approximately 47,000 pages. The 15 volumes
and three cds provide an extensive environmental analysis of the proposed project. At the direction of
the Court of Appeal, the FEIR specifically addressed the following issues: Urban Decay; Cumulative
Impacts; Correlation of Adverse Air Quality Impacts to Resulting Health Impacts; Obstruction of
Implementation of the Air Quality Attainment Plan; and Railroad Spur. In addition, the FEIR provided
extensive analysis regarding Land Use; Aesthetics (Visual/Light/Glare); Biological Resources; Cultural
Resources; Hazards/Hazardous Materials; TrafficlTransportation; Air Quality; Noise; Hydrology/Water
Quality; Agricultural Resources; Public Utilities/Services; and Population/Housing. Mitigation Measures
are proposed that reduce impacts to less than significant levels, except for three impacts discussed
below. The applicant agreed to all conditions and mitigation measures for the project.
If the City Council decides to approve the projects, adoption of a Statement of Overriding
Considerations would be necessary for the following impacts that can not be mitigated to a less than
significant level: (1) cumulative impacts to twelve roadway segments and eleven intersections forecast
to operate at deficient levels of service at the cumulative year, 2030 time horizon; (2) a possible short-
term violation of the applicable air quality standards for PM2.5 and PM10 that occurred in 2003 during a
very short period as a result of extensive grading operations that occurred on the site at that time; and
ADMINISTRATIVE REPORT
Page 3
(3) substantial increases in project generated noise at two roadway segments: Harris Road between
Old River Road and Progress Road in 2008, 2012 and 2030, and Gosford Road between Pacheco
Road and Panama Lane in 2030. There are no additional feasible mitigation measures that exist to
mitigate the remaining identified significant and unavoidable traffic and noise impacts, and there are no
feasible mitigation measures that exist that can undo past activities that potentially caused a significant
and unavoidable short-term air quality impact. Therefore, the City Council would be required to balance
the economic, legal, technological and other benefits of the proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the proposed project's
benefits outweigh the unavoidable adverse environmental effects, the effects may be considered
"acceptable" and the City Council may adopt a Statement of Overriding Considerations pursuant to
CEQA Guidelines Sections 15091 and 15093, stating the specific reasons for approving the proposed
project despite its unavoidable significant environmental effects.
CONCLUSION:
The project is consistent with the policies of the General Plan by providing for commercial development
to compliment the expanding residential neighborhoods in the vicinity. The FEIR has been prepared in
accordance with CEaA Guidelines and the direction of the Court of Appeal. Therefore, staff
recommends certification of the FEIR, adoption of the Findings of Fact, adoption of the Statement of
Overriding Considerations adoption of the Mitigation Monitoring and Reporting Program and approval of
the project subject to mitigation measures and conditions of approval.
Jeng \ S:\GV\CC\2GV Adm Rpt.DOC
November 16, 2007
ADMINISTRA liVE REPORT
MEETING DATE: November 28,2007
AGENDA SECTION:: Hearing
ITEM: I '-I. A
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
October 12, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan Amendment and concurrent Zone Change 02-0193 (Ward 7)
Panama 99 LLC, the property owner, has applied for a general plan amendment on 36.94
acres, and concurrent zone change on 37.52 acres located on the east side of State Route
99 and north side of Panama Lane, for development of the Panama Lane Shopping Center.
1. Resolution certifying the Final Environmental Impact Report (FEIR) for General Plan
Amendment and Zone Change No. 02-0193, known as the Panama Lane Shopping
Center, adopting related Findings of Fact, Statement of Overriding Considerations and
Mitigation Monitoring and Reporting Program,
2. Resolution adopting the general plan amendment changing the land use designations
from LR (Low Density Residential) on 33.94 acres, and OS-P (Open Space-Park) on 3
acres to a GC (General Commercial) designation.
3. First reading of ordinance amending Title 17 of the Municipal Code and amending Zoning
Map No. 123-24 from MH (Mobile Home) zone on 36.94 acres and 0.58 acres from a C-2
(Regional Commercial) zone to a PCD (Planned Commercial Development), to allow
development of a 434,063 square foot commercial multiple tenant retail shopping center
37.52 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution certifying the Final EIR, adopting Findings of Fact, Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program, and adoption of a resolution
approving proposed general plan amendment, and first reading of ordinance.
BACKGROUND:
Panama 99 LLC proposes to change the General Plan Land Use Element Amendment designation from LR
(Low Density Residential) on 33.94 acres and OS-P (Open Space-Park) on 3 acres to a GC (General
Commercial) designation. There is currently 0.58 acre in the southeast portion of the site that has a general
plan designation of GC (General Commercial). A concurrent zone change would be required to change 36.94
acres from a MH (Mobile Home) zone and 0.58 acres from a C-2 (Regional Commercial) zone to a PCD
(Planned Commercial Development) to construct the Panama Lane Shopping Center located east of State
ADMINISTRATIVE REPORT
Route 99, north of Panama Lane. The proposed development is a retail commercial center, which includes
434,063 square feet for retail, including two major buildings, Wal-Mart Supercenter encompassing 245,905 sq
ft of building area on the west side of the site, a 161,724 sq ft for a Lowe's Home Improvement Center on the
east side, and two ancillary buildings containing 22,851 sq ft and 3,583 sq ft. for various in-line retail
commercial located on the southeastern portion of the site.
The project applicant, Panama 99/Properties LLC, and the applicant for a similar but larger proposed
shopping center, located 3.6 miles west of the proposed Panama Lane Shopping Center, applied in early
2002 for project approvals, associated Zone Changes and General Plan Amendments for each of their
respective properties. The other project was, and is known as the Gosford Village Shopping Center.
Separate EIRs were prepared for each development project. The City certified both EIRs, approved the
projects, and approved the associated General Plan Amendments and Zoning Changes in February 2003.
Construction commenced on both project sites soon thereafter. These approvals were challenged in litigation
and ultimately, in Bakersfield Citizens for Local Control v. City of Bakersfield, the Fifth District Court of Appeal
invalidated the 2003 EIR and the General Plan Amendment and Zone Change.
In late 2002, the Planning Commission heard public testimony from three people in opposition to the project
that consisted of impacts to the neighborhood, high vacancy rates, air pollution, and traffic. Eight people,
including the applicant spoke in favor of the project. The Planning Commission voted unanimously to
recommended approval of the project. In early 2003, the City Council heard testimony in opposition from
Richard Harriman, representing Bakersfield Citizens for Local Control (BCLC) and three other individuals.
The applicant and three other individuals spoke in favor of the project.
The Planning Commission conducted a public hearing on this project on September 17 and 20, 2007, and
recommended approval to the City Council. Jared Foster, Richard Crane, and Renee Nelson spoke in
opposition to the project. Their concerns were traffic, surplus of existing commercially zoned property, loss of
the open space, and impact to kit foxes. Three people, including the applicant, spoke in favor of the project.
The applicant stated that all the issues brought up by the opponents have been addressed. An off-setting
payment for a future park has been paid, a biologist is monitoring the kit fox activity on the site, the urban
decay study documents that Bakersfield has a thriving retail market and CalTrans supported the traffic study
and the project with the mitigation. The Commission voted 5-2 in favor of recommending approval of the
project. Commissioners McGinnis and Tragish were dissenting votes citing traffic congestion and limited
access to the site as reasons for their votes. Correspondence from Attorney Stephen A. Herum, dated
September 18, 2007 was received as is attached. Mr. Herum's law firm represented Bakersfield Citizens for
Local Control (BCLC) in the pending litigation and states BCLC has not contacted him to represent BCLC on
this application.
The FEIR consists of 14 volumes (approximately 13,000 pages) and two of the volumes include three cds
with air quality model runs. The three cds contain approximately 43,000 pages. The 14 volumes and three
cds provide an extensive environmental analysis of the proposed project. At the direction of the Court of
Appeal, the FEIR specifically addressed the following issues: Urban Decay; Cumulative Impacts; Correlation
of Adverse Air Quality Impacts to Resulting Health Impacts; and Biological Resources /San Joaquin Kit Fox.
In addition, the FEIR provided extensive analysis regarding Land Use; Aesthetics (Visual/Light/Glare);
Biological Resources, Cultural Resources; Hazards/Hazardous Materials; TrafficlTransportation; Air Quality,
Noise; Hydrology/Water Quality; Agricultural Resources; Public Utilities/Services; and Population/Housing.
Mitigation Measures are proposed that reduce impacts to less than significant levels, except for two impacts
discussed below. The applicant agreed to all conditions and mitigation measures for the project.
If the City Council decides to approve the project, adoption of a Statement of Overriding Considerations
would be necessary for the following impacts that can not be mitigated to a less than significant level:
ADMINISTRATIVE REPORT
(1) cumulative impacts to five roadway segments and two intersections forecast to operate at deficient levels
of service at the cumulative year, 2030 time horizon; and (2) a possible short-term violation of the applicable
air quality standards for PM2.5 and PM10 that occurred in 2003 during a very short period as a result of
extensive grading operations that occurred on the site at that time. There are no additional feasible
mitigation measures that exist to mitigate the remaining identified significant and unavoidable traffic impacts,
and there are no feasible mitigation measures that exist that can undo past activities that potentially caused
a significant and unavoidable short-term air quality impact. Therefore, the City Council would be required to
balance the economic, legal, technological and other benefits of the proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the proposed project's benefits
outweigh the unavoidable adverse environmental effects, the effects may be considered "acceptable" and
the City Council may adopt a Statement of Overriding Considerations pursuant to CEOA Guidelines Sections
15091 and 15093. stating the specific reasons for approving the proposed project despite its unavoidable
significant environmental effects.
CONCLUSION:
The project is consistent with the policies of the General Plan by providing for commercial development to
compliment the expanding residential neighborhoods in the vicinity. The FEIR has been prepared in
accordance with CEOA Guidelines and the direction of the Court of Appeal. Therefore, staff recommends
certification of the FEIR, adoption of the Mitigation Monitoring and Reporting Program, adoption of the
Findings of Fact, adoption of the Statement of Overriding Considerations and approval of the project subject
to mitigation measures and conditions of approval.
Jeng\S:\P-99\CC\2P99Adm Rpl
November 14, 2007
ADMINISTRATIVE REPORT
MEETING DATE: November 28,2007
AGENDA $ECTION: Hearings
ITEM: 14.c J
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD~~,
November 16, 2007 CITY ATTORNEY /fJt;1~___
CITY MANAGER
SUBJECT: General Plan Amendment/Zone Change 07-1193. (Ward 1)
Mcintosh & Associates, representing Fairfax Holdings LP, the property owner, has
applied for a general plan amendment and zone change on 78.64 acres located at the
northeast comer of South Fairfax Road and East Wilson Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from ER (Estate Residential), SR
(Suburban Residential), and RR (Rural Residential) to LR (Low Density
Residential) on 78.64 acres.
2. First reading of ordinance approving the Negative Declaration and amending
Section 17.06.020 (Zone Map No. 124-17) of Title Seventeen of the Bakersfield
Municipal Code to R-1 (One Family Dwelling Zone) on 78.64 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of single family residential uses on the 78.64 acre
project site. This proposal is to annex the site to the city of Bakersfield. The city of Bakersfield is
annexing the areas east and north of the project site. A new high school (Mira Monte) is currently being
constructed and will be open for classes in the Fall of 2008.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on September 17th and September 20th and then continued the item to the October 4th meeting where
the Commission recommended afproval to the City Council. There were several property owners in
attendance at the September 20 publiC hearing to discuss potential impacts from the project along
East Wilson Road. The Planning Commission has recommended that the developer dedicate and
improve the northern right of way of East Wilson Road with any future development. Also, the
developer shall be required to install traffic signals and associated ramp improvements at the
eastbound ramp of State Highway 58 at Fairfax Road. Other local mitigation includes paying for future
lane addition improvements to the intersections of Fairfax Road at Brundage Lane, Fairfax Road at
Highway 58 westbound ramp and Fairfax Road at Muller Road. In addition, the developer must pay
Regional Traffic Impact Fees (RTIF) for each residential unit which will help pay for road improvements
and additional lanes for Fairfax Road in the City and County area. No agencies were present at the
ADMINISTRATIVE REPORT
Page 2
hearing and the applicant agreed to all conditions and mitigation for the project. Likewise, the
developer shall be required to dedicate and improve the frontage of South Fairfax Road with the
development of the project site.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on August 17, 2007,
in accordance with CECA.
MO:dc - S:\GP A 3rd 2007\07 -1193\Admin SR\Admin Report 07 -1193.doc
ADMINISTRATIVE REPORT
MEETING DATE: November 28, 2007
AGENDA SI;CTION: Hearings
ITEM: I '-/. ct.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
October 22, 2007
CITY ATTORNEY
CITY MANAGER
SUBJECT: General Plan AmendmentlZone Change 05-1580 (Ten Section), Appealed
Jim Manley, representing 10 Section LLC, the property owner, has applied for a general
plan amendment and zone change on 220-acres located on the south of Panama Lane and
east of Nord Avenue. An appeal of the Planning Commission's decision was submitted by
Jim Manley, for 10 Section LLC.
1. Resolution denying the appeal and the general plan amendment changing the land
use designation from R-MP (Resource - Mineral and Petroleum) and OS (Open
Space) to LR (Low Density Residential) on 220-acres.
2. Resolution denying the appeal and the Zone Change from A (Exclusive Agriculture)
to R-1 (One Family Dwelling) on 220-acres.
RECOMMENDATION:
Staff recommends adoption of resolutions denying the appeal, the general plan amendment and the zone
change.
BACKGROUND:
The City Council conducted a hearing on August 29, 2007 and continued the project to the meeting of
November 28, 2007, because of unresolved issues brought up at the August 29, 2007 meeting. There are
two critical issues which have remained unresolved for the last several months. Land use incompatibility
with the existing and adjacent Kern Water Bank, which serves as a habitat land bank and water spreading
area with the attendant issues of mosquitoes and smell (fish die off) and the California Department of Fish
and Game (CDFG) which has significant concerns regarding the erosion of unique key habitat in extreme
Southwest Metropolitan Bakersfield. These agencies have submitted these concerns in writing and CDFG
has threatened to revoke the Metropolitan Bakersfield Habitat Conservation Plan if their concerns are
ignored. As of the writing of this report, staff has not received any new information from the applicant.
The project is commonly known as the Ten Section - Project #05-1580 and consists of approximately 220
acres. For purposes of analyzing the environmental impacts of the project, the EIR considered impacts of
constructing a maximum of 788 single-family residential units on the project site, a concurrent general plan
amendment and zone change, and land subdivision.
ADMINISTRATIVE REPORT
Page 2
The California Environmental Quality Act (CEaA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR was
prepared. The Planning Commission and staff conducted several hearings on the EIR including a public
scoping meeting on October 16, 2006, an adequacy hearing to receive comments on the Draft EIR on
March 1,2007, and a hearing on the Final EIR on June 21,2007. The Final EIR was recommended for
denial by the Planning Commission on June 21,2007.
John Parker, General Manager of Kern Water Bank Authority, provided testimony to the Planning
Commission during the hearing. Mr. Parker's primary issues of concern were 1) the impact the project will
have on the surrounding habitat, 2) water supply, and 3) concerns about the compatibility of the project
with surrounding land uses as the Kern Water Bank is home to abundant wildlife, including coyotes,
bobcats, rabbits, squirrels, snakes, and when the recharge ponds are in operation during warm weather
mosquitoes. A recent e-mail from Mr. Parker indicates all these concerns remain unresolved.
Annette Tenneboe, an environmental specialist representing the Department of Fish and Game, also
provided testimony to the Planning Commission during the hearing. Ms. Tenneboe's primary issues of
concern were of the repeated land use decisions, which are eroding key habitat protection measures
inherent in the Metropolitan Bakersfield Habitat Conservation Plan.
Planning Commission expressed concerns regarding significant amounts of water surrounding the project
site, which is fertile ground for mosquitoes and may raise health factors that walls and landscaping do not
prevent. Commission also expressed concerns over the location and proximity of the project, pointing out
that the area adjacent to the water bank is still quite rural and inhabited by various creatures. Commission
raised concerns with the health, safety, and welfare of the water bank itself, as well as the wildlife, unique
habitat, and mosquito issues dealing with disease. The Planning Commission conducted a public hearing
on this general plan amendment/zone change on June 21, 2007, and recommended denial to the City
Council. A letter appealing this project was received in the City Clerk's office on June 27,2007.
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as
conditions of approval, and construction in accordance with the Uniform Building Codes, aesthetics, light
and glare, and traffic and circulation would remain significant. Staff and the Planning Commission
recommend denial of the Final EIR.
S:\GPA 2nd 2007\05-1580 (Ten Section EIR)\Staff Report\Admin Report 8-29-07.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 7, 2007
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLLCALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch (seated at 5:21 p.m.),
Sullivan (seated at 5:25 p.m.) Scrivner
Absent:
Councilmember Weir.
Assistant City Clerk Gafford announced Closed
Session 4.a. is being removed from the agenda;
additionally, item 12.g. on the Consent Calendar
should have been located under Hearings and
therefore will be relocated and heard as Hearing
item 14.a.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
a. Status of transportation projects.
Public Works Director Rojas made a presentation.
Councilmember Benham requested the Powerpoint
presentation be placed on the City's website.
4. CLOSED SESSION
a. Conference with Labor Negotiator - Bill Avery;
Closed Session pursuant to Government
Code Section 54957.6
b. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1)
c. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for following
cases:
Bakersfield, California, November 7,2007 - Page 2
4.
CLOSED SESSION continued
Item 4.c. continued
ACTION TAKEN
1. North Kern Water Storage District v. Kern
Delta Water District, et al (1st Point)
Tulare County Superior Court Case No. 96-
172919 Fifth Appellate District Court Case
No. F047706 California Supreme Court Case
No. S 150976
2. City v. Kern Delta Water District, et al
KCSC Case No. S-1500-CV-258097-NFT
now known as Ventura County Case No.
CIV242067
3. City v. City of Shafter (CEaA), et al
Kern County Superior Court Case No. S-
1500-CV -260277 -RJO
4. City v. North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW Tulare County
Superior Court Case No. 224933
5. City v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV -260384-LPE
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:28 p.m.
APPROVED
AS WEIR
APPROVED
AS WEIR
Motion by Councilmember Scrivner to adjourn from
Closed Session at 6:27 p.m.
RECONVENED MEETING - approximately 6:32 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Sullivan, Scrivner
Absent:
Council member Weir
Bakersfield, California, November 7, 2007 - Page 3
5.
ROLL CALL continued
ACTION TAKEN
a. Introduction of Student Body Representatives
participating in the 53rd consecutive "Teen City
Government Day".
Paige Tucker, Ridgeview High School, Vance
Elmore, Centennial High School, Corissa Alvarez,
West High School, Frances Bermudez, Golden
Valley High School, Felina Kelly, Bakersfield High
School, Peter William 'Willie" Rivera, Bakersfield
Christian High School, Nina Krauter, East
Bakersfield High School, David Heisler, Foothill
High School, Mallory Moore, Stockdale High School,
Nicci Cauzza, Garces High School, Andrew Cruz,
South High School, Ana Heydari, North High
School, Angelina Roman Highland High School.
Assistant City Clerk Gafford announced due to a
typographical error, item 12.g. on the Consent
Calendar should have been located under Hearings
and therefore will be relocated and heard as
Hearing item 14.a.
6. INVOCATION by Jim Baldwin.
7. PLEDGE OF ALLEGIANCE by Baylee Starkey, 7th grade
student at Stockdale Christian.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator - Bill Avery;
Closed Session pursuant to Government
Code Section 54957.6
REMOVED
b.
Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1)
THE EXCEPTIONAL
EVALUA TION OF
THE CITY
A TTORNEY HAS
CONCLUDED
Bakersfield, California, November 7,2007 - Page 4
8.
CLOSED SESSION ACTION continued
ACTION TAKEN
c. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for following
cases:
1.
North Kern Water Storage District v. Kern
Delta Water District, et al (1st Point)
Tulare County Superior Court Case No. 96-
172919 Fifth Appellate District Court Case
No. F047706 California Supreme Court Case
No. S 150976
NO REPORTABLE
ACTION
2.
City v. Kern Delta Water District, et al
KCSC Case No. S-1500-CV-258097-NFT
now known as Ventura County Case No.
CIV242067
NO REPORTABLE
ACTION
3.
City v. City of Shafter (CEaA), et al Kern
County Superior Court Case No. S-1500-CV-
260277 -RJO
NO REPORTABLE
ACTION
4.
City v. North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW Tulare County
Superior Court Case No. 224933
STAFF GIVEN
DIRECTION
5.
City v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV-260384-LPE
NO REPORTABLE
ACTION
9. PRESENTATIONS
a. Presentation by Rhonda Smiley, Assistant to the
City Manager, of department winners of the 2007
Excellence in Action Awards and the Extra Mile
Award in recognition of outstanding service to the
City of Bakersfield.
Robin Bice, City Clerk's Office, Tony DeMarco,
Development Services, Donna Barnes, EDCD,
Richard Ryberg, Finance, Tim Capehart and Garth
Milam, Fire, Dennis Murphy and Della Wilson,
Police, Jose Gutierrez and Ryan Starbuck, Public
Works, Joe Gonzales and Beigher Taylor,
Recreation and Parks and Jason Solf, Water
Resources.
The recipient of the Extra Mile Award for 2007 was
Roy Gonzales.
Bakersfield, California, November 7, 2007 - Page 5
10.
PUBLIC STATEMENTS
ACTION TAKEN
a. Karen Ash, Candice Villacana, provided written
material and bags for Council, John Florian, Bob
Norwood, Bob Rutledge, Bea Bunten and Tami
Bunten spoke regarding mandatory recycling.
Councilmember Couch requested Finance Director
Smith contact Ms. Ash and provide information
regarding property taxes.
b. Olivia Franzen and Blain Franzen spoke regarding
Mustang Square zoning.
c. Gordon Nipp, on behalf of the Sierra Club, provided
handouts and issued an invitation to talks by James
Howard Kunsler.
Recess taken from 7:40 p.m. to 7:48 p.m.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 24,2007,
Regular Council Meeting.
Payments:
b. Approval of department payments from October 12,
2007 to October 25, 2007 in the amount of
$8,664,340.35 and self-insurance payments from
October 12, 2007 to October 25, 2007 in the amount
of $176,664.43.
Ordinances:
c.
First Reading of an Ordinance amending Section
17.06.020 (Zone Map No. 142-04) of Title
Seventeen of the Municipal Code by changing the
zoning from R-1/P.U.D. (One-Family
Dwelling/Planned Unit Development) to R-2 (Limited
Multiple-Family Dwelling) on two parcels totaling
106.08 acres, located at the northwest corner of
Ashe Road and Engle Road for purposes of single
family residential development (ZC # 07-1370).
FR
12.
Bakersfield, California, November 7, 2007 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
FR
d.
First Reading of an Ordinance amending Section
17.06.020 (Zone Map No. 142-03) of Title
Seventeen of the Municipal Code by changing
the zoning from R-1/P.U.D. (One-Family
Dwelling/Planned Unit Development) to R-2
(Limited Multiple-Family Dwelling) on two parcels
totaling 75.70 acres, located at the northwest
corner of Romero Road and Mountain Ridge
Drive for purposes of single family residential
development (ZC # 07-1371).
e.
First Reading of an Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map NO.1 04-20) of Title Seventeen of the Municipal
Code by changing the zoning from R-S-2.5A to R-1-
CH on 7.76 acres generally located at the northwest
corner of future Vineland Road and State Route 184
(Kern Canyon Road)(ZC # 07 -0691)
FR
f.
First Reading of an Ordinance amending Section
17.06.020 (Zone Map No. 103-31) of Title
Seventeen of the Municipal Code by changing the
zoning from R-3 (Multiple-Family Dwelling - 1,250
sq ft/dwelling unit) to C-2 (Regional Commercial) on
4,600 square feet generally located on the east
side of Chester Avenue, south of 2nd Street for
purposes of commercial development. (ZC #07-
1114)
FR
g.
First Reading of Ordinance amending Section
10.08.020 of the Bakersfield Municipal Code
regarding the Central Traffic District.
RELOCA TED
TO HEARINGS
h.
Building and Constructions Code, specifically the
California Building Code, Mechanical
Code, Plumbing Code, Electrical Code, existing
Building Code and Historical Building Code:
1. Adoption of Ordinance deleting Sections
15.12, 15.16, 15.28, 15.32 and 15.48 of
the Municipal Code.
ORD 4471
2.
Adoption of Ordinance amending Sections
15.04 and adding Sections 15.05, 15.07,
15.09, 15.11, 15.13 and 15.15 of the
Municipal Code.
ORD 4472
Bakersfield, California, November 7, 2007 - Page 7
12.
CONSENT CALENDAR continued
ACTION TAKEN
i. California Fire Code:
1.
Adoption of Ordinance deleting Section
15.64 of the Municipal Code.
Adoption of Ordinance adding Section 15.65
of the Municipal Code.
ORD 4473
2.
ORD 4474
Resolutions:
j.
Resolution setting the dates of regular City Council
meetings, Budget Hearings, and Department
Presentations for January through December 2008.
RES 242-07
k.
Resolution dedicating public right-of-way for a
portion of Red Leaf Way located west of
Rivani Drive.
RES 243-07
I. Resolution of support for Bakersfield Association for RES 244-07
Retarded Citizens (BARC) to apply for a California
Department of Conservation (DOC) Beverage
Container Market Development Grant request.
m. Resolution adding territory, Area 3-75 (Buena Vista, RES 245-07
Taft Highway NE), to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
Kern County Tax Collector.
n. Resolution of Intention No. 1568 adding territory, RO/1568
Area 1-78 (Brimhall, Calloway NW #2) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
o. Resolution of Intention No. 1569 adding territory, RO/1569
Area 5-41 (S. Union, Planz SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
p. Resolution of Intention No. 1570 to order the RO/1570
vacation of a 20-foot Alley in Block 47 at the
southeast corner of Stockton Street and Monterey
Street.
q.
Resolution of Intention No. 1572 to order the
vacation of a 20-foot wide Storm Drain Easement at
Highway 178.
RO/1572
12.
Bakersfield, California, November 7, 2007 - Page 8
CONSENT CALENDAR continued
ACTION TAKEN
Agreements:
r.
Cooperative Agreement with the State of California
Department of Transportation to construct a new
interchange on State Route 178 at Morning Drive
and extend State Route 178 as a four-lane freeway
for 1.5 miles. (TRIP)
Contract Change Order No.3 to Agreement No. 06-
346 with Kern County Construction, Inc.
($20,937.00, revised total not to exceed
$432,853.00) for removal and disposal of
miscellaneous debris and installation of site
improvements for water well site CBK-46 located
at 8217 Stonecrest Way in the vicinity of Mountain
Ridge Drive and McCutchen Road.1
AGR 07-382
s.
AGR 06-346 CC03
t.
Agreement with Bakersfield Rescue Mission
($61,880) of Emergency Shelter Grant (ESG)
funds to support the operating costs necessary to
continue services at the Bakersfield Rescue
Mission, 830 Beale Avenue.
AGR 07-383
Bids:
u.
Accept bid to award contract to Loop Electric
($111,592.62) for the Traffic Signal and
Lighting System Installation at F Street and 26th
Street.
AGR 07-384
v.
Accept bid to award contract to Graham Prewett,
Inc. ($48,000.00) for roof replacement for a section
of the Convention Center.
AGR 07-385
Accept bid to award contract to Graham Prewett,
Inc. ($50,360.00) for roof replacement of city owned
airplane hangar at the Bakersfield Municipal Airport.
x. Traffic Signal and Lighting System Installation on
White Lane at Lily Drive:
w.
AGR 07-386
1.
AGR 07-387
Accept bid to award contract to Loop Electric
($112,449.31) for the project.
2. Appropriate $25,000 Transportation
Development Fund balance to the Public
Works Department's Capital Improvement
Budget.
Bakersfield, California, November 7,2007 - Page 9
12.
CONSENT CALENDAR continued
ACTION TAKEN
y. Traffic Signal and Lighting System Installation on
Auburn Street at La Costa Street:
1.
AGR 07-388
Accept bid to award contract to Loop Electric
($123,931.20) for the project.
2. Appropriate $30,000 Transportation
Development Fund balance to the Public
Works Department's Capital Improvement
Budget.
z. Purchase one (1) aerial ladder fire truck and three
(3) fire pumper engines:
1. Extend bid with South Coast Fire Equipment
Company ($766,412.37) for the replacement
of one (1) fire aerial ladder truck;
replacement of two (2) fire pumper
engines and the purchase of one (1)
additional fire pumper engine for future Fire
Station #14 (each pumper engine is
$464,732.43,) (Total of bid $2,160,609.66)
2. Appropriate and transfer $352,340 Self
Insurance Fund balance to the Equipment
Management Fund toward replacement of
the damaged aerial ladder truck and
replacement of the damaged pumper engine.
3. Appropriate $878,820 Equipment
Management Fund balance toward
replacement of the damaged aerial ladder
truck and damaged pumper engine.
aa. Accept bid from Broadway Ford, Oakland
($54,285.50) for two (2) replacement 17,000 GVW
cab and chassis for the Public Works Department
Streets Division.
bb. Accept bid from Jim Burke Ford, Bakersfield
($319,858.52) for fifteen (15) replacement and
six (6) additional full-size 6,400 GVW pickup trucks.
cc. Accept bids from Jim Burke Ford, Bakersfield
($102,907.75) and Broadway Ford, Oakland
($13,010.24) for seven (7) replacement and two (2)
additional mid-size pickup trucks. (Total of bids
$115,917.99)
Bakersfield, California, November 7,2007 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
dd. Accept bid from Lake Chevrolet ($107,757.22) for
five (5) replacement mid-size sedans and one (1)
additional mid-size sedan (various departments).
ee. Reject all bids for the 1715 Chester Avenue roof
replacement project.
Miscellaneous:
Adoption of City Council goals.
Grant of easement to PG&E to extend electrical
service across the Kern River at the Allen Road
Bridge.
hh. Appropriate $5,212,159 Proposition 1 B, State
Transportation Grant Revenue to the Public Works
Department's Capital Improvement Budget within
the Transportation Development Fund for the Allen
Road Bridge at Kern River Project.
ii. Acceptance of 2005-06 Transportation Development
Act Funds financial statements.
ff.
gg.
DEED 6798
jj. Appropriate $3,800.00 K.N.E.T. Asset Forfeiture
Revenues to the Police Department Operating
Budget within the General Fund toward the cost of
equipment for the K.N.E.T. unit of the Bakersfield
Police Department.
Motion by Councilmember Hanson to approve Consent
Calendar items 12.a. through 12.jj. with the removal of
items 12.z. and 12.ft. for separate consideration, and
the relocation of item 12.g. to Hearings, item 14.a.
APPROVED
AS WEIR
z. Purchase one (1) aerial ladder fire truck and three
(3) fire pumper engines:
1. Extend bid with South Coast Fire Equipment
Company ($766,412.37) for the replacement
of one (1) fire aerial ladder truck;
replacement of two (2) fire pumper
engines and the purchase of one (1)
additional fire pumper engine for future Fire
Station #14 (each pumper engine is
$464,732.43,) (Total of bid $2,160,609.66)
Bakersfield, California, November 7,2007 - Page 11
12.
CONSENT CALENDAR continued
Item 12.z. continued
ACTION TAKEN
2. Appropriate and transfer $352,340 Self
Insurance Fund balance to the Equipment
Management Fund toward replacement of
the damaged aerial ladder truck and
replacement of the damaged pumper engine.
3. Appropriate $878,820 Equipment
Management Fund balance toward
replacement of the damaged aerial ladder
truck and damaged pumper engine.
Motion by Vice Mayor Hanson to approve the purchase
of the equipment and appropriation of funds.
APPROVED
AS WEIR
ff. Adoption of City Council goals.
Councilmember Couch requested next year staff
explore implementing target dates for accomplishing
Council goals.
Motion by Councilmember Couch to adopt the
proposed Council goals.
APPROVED
AS WEIR
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a.
First Reading of Ordinance amending Section
10.08.020 of the Bakersfield Municipal Code
regarding the Central Traffic District.
FR
EDCD Director Kunz made staff comments.
Hearing opened at 7:58 p.m.
No one spoke.
Hearing closed at 7:58 p.m.
Motion by Councilmember Benham to give the
Ordinance First Reading.
APPROVED
AS WEIR
Bakersfield, California, November 7, 2007 - Page 12
15.
REPORTS
ACTION TAKEN
a. Resolution approving the application for a
$1,500,000 California Department of Conservation
recycling grant and adoption of a plan to implement
universal curbside recycling.
Public Works Director Rojas made a presentation
and Solid Waste Director Barnes made comments.
Motion by Vice-Mayor Hanson to deny approval of the
Resolution.
APPROVED
AS WEIR
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested the Budget and
Finance Committee address an issue regarding
interdepartmental cooperation in order to efficiently
maximize utilization of personnel; staff contact to
contact her for information.
Councilmember Benham requested the staff increase
recycling efforts in City Hall and all other City
departments, particularly Recreation and Parks.
Councilmember Benham directed staff give priority to
addressing train whistle noise and urgently take steps
to hasten the process of creating quiet zones.
Councilmember Couch requested staff contact him to
obtain referral information.
Councilmember Sullivan requested staff review
installing a four-way stop at the intersection of
Beechwood and Starwood.
Councilmember Sullivan requested staff investigate the
feasibility of requiring owners of foreclosed properties
to maintain landscaping of those properties.
Bakersfield, California, November 7,2007 - Page 13
18.
MAYOR AND COUNCIL STATEMENTS
Vice-Mayor Hanson congratulated Recreation and Parks
Director Hoover on being presented an award from the
National Parks and Recreation Association.
Vice-Mayor Hanson requested staff investigate
notifying surrounding neighborhoods when
fireworks private displays are planned.
Vice-Mayor Hanson noted the Mayor is leaving on a trip to
India for the purpose of establishing a Sister City
relationship in that country and wished him well.
Mayor Hall made comments regarding the evening's
employee awards and complimented the City's department
heads on leadership.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 10:05 p.m.
MA YOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
S:\CounciI\MINUTES\2007\October 10.doc
ACTION TAKEN