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HomeMy WebLinkAbout02/13/08_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY 13, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS 3. APPOINTMENTS 4. CONSENT CALENDAR (Ward 4)* (Ward 1, 4 & 5) e. * - upon annexation Minutes: a. Approval of minutes of the January 30,2008, Regular City Council Meeting. Payments: b. Approval of department payments from January 18, 2008 to January 31, 2008 in the amount of $11,419,171.19 and self-insurance payments from January 18, 2008 to January 31, 2008 in the amount of $591,579.30. Ordinances: c. First Reading of Ordinance approving the Negative Declaration amending Title 17 of the Municipal Code and amending Zoning Map No. 101-01 from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on approximately 40 acres and A to DI (Drilling Island) on approximately 4 acres. Louise Palmer, representing Adavco, Inc., the developer; has applied for this zone change located south of Seventh Standard Road and west of the Calloway Canal. Adoption of Ordinance amending Sections 17.04.547; 17.60.020 b.; 17.60.050 c.; 17.60.060 a.3.; 17.60.060 b.1-5, 9; 17.60.070; and 17.60.090 of the Bakersfield Municipal Code relating to signs. (FR 01/30108) Adoption of Ordinance amending Bakersfield Municipal Code Sections ~ 1.12.010, ~ 1.12.040 and ~ 1.12.050 by adding Annexation No. 505 consisting of 54.34 acres, located west of Cottonwood Road, north of Panama Lane, Annexation No. 523 consisting of 33.01 acres, located on the north side of East Hosking Avenue, between South Union Avenue and Cottonwood Road, Annexation No. 528 consisting of 22.06 acres, located south of Chester Avenue and south of White Lane, generally west of South Union Avenue and Annexation No. 529 consisting of 64.47 acres, located at the southwest corner of South Fairfax Road and Redbank Road to Ward 1, Annexation No. 466 consisting of 83.47 acres, located north of Snow Road, generally west of the Calloway Canal, east of Allen Road, Annexation No. 531 consisting of 60.88 acres, located north of Stockdale Highway, generally west of Renfro Road, Annexation 542 consisting of 0.55 acres, located on the north side of Old Town Road, between Allen Road and Old Farm Road, Annexation 552 consisting of 2.45 acres, located on the north side of Brimhall Road, west of Calloway Drive, Annexation No. 562 consisting of 99.50 acres, located at the northeast corner of Snow Road and Coffee Road, west of the Beardsley Canal and Annexation No. 565 consisting of 91.65 acres, located on Etchart Road, on the east and west side of Coffee Road, west of the Beardsley Canal to Ward 4, and Annexation 530 consisting of 77.56 acres, located at the northwest corner of Gosford Road and Taft Highway to Ward 5. (FR 01/30/08) d. 4. CONSENT CALENDAR continued (Ward 4)* (Ward 6) (Ward 5) (Wards 1,6) (Ward 7) (Ward 7) (Ward 4) . - upon annexation f. Adoption of Ordinance approving the Negative Declaration and amending Section 17.06.020 (Zone Maps 101-13 and 101-24) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture Zone) to M-1 (Light Manufacturing Zone) on approximately 10 acres, and A to E (Estate Dwelling Zone) on approximately 17 acres located generally south of Hageman Road, west of Piedmont Avenue, and east of the Burlington Northern Santa Fe (BNSF) railroad (ZC07-1077-Marino & Associates) (FR 01/30/08) Resolutions: g. Assessment District No. 08-1 (Montecito Oaks): 1. Resolution accepting petition and determining to undertake special assessment proceedings. 2. Resolution approving boundary map. 3. Resolution of Intention 1586. 4. Agreement with Wilson & Associates for assessment engineering. 5. Agreement with Orrick, Herrington & Sutcliffe for legal services (bond). 6. Agreement with Goodwin Procter, LLP for legal services (disclosure). h. Panama - Buena Vista Bridge and Major Thoroughfare Area 1. Resolution of Intention No. 1589 to establish the Panama-Buena Vista Bridge and major thoroughfare area and preliminarily approving the boundaries of the area and the cost and fee schedule. i. 2. First reading of Ordinance amending Subsection F of Section 16.32.060 of the Bakersfield Municipal Code relating to bridge crossings and major thoroughfares. 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 2-37 (District, Stine NW) 2. Area 5-44 (E. White, S. Washington NW) j. Resolution approving application proposing proceedings from annexation of uninhabited territory to the city identified as Annexation No. 570 consisting of 21,071 square feet, located on the south side of Southgate Drive, between South H Street and South Union Avenue. Agreements: k. Final Map and Improvement Agreement with Smee Buildings, Inc. for Tract 6653 located south of Hosking Avenue and east of Stine. Agreement with Kern County Water Agency regarding Assets, Rights and Property Associated with the Kern River Program, the Aera Park property located at Stockdale Highway and Jewetta Avenue, and use of City water facilities. I. 2 City Council Meeting of 2/13/08 (Ward 1) (Ward 2) (Ward 2) (Ward 3) (Ward 5) (Ward 2) (Ward 2) (Ward 2) (Ward 2) 4. CONSENT CALENDAR continued m. Reimbursement Agreement for street improvements adjacent to Fire Station No.5: 1. Agreement with Sewa Singh ($22,000.00) to construct street improvements. 2. Appropriate $22,000.00 reimbursable costs to the Public Works Department's Capital Improvement Budget within the Supplemental Law Enforcement Fund. Amendment NO.1 to Agreement 03-213 ($57,000.00) with the Greater Bakersfield Separation of Grade District, for preliminary design and right of way engineering for the Mohawk Street and Burlington Northern and Santa Fe Railroad (BNSF) separation of grade project. Contract Change Order NO.1 to Agreement No. 06-390 ($41,148.96, for a revised not to exceed amount of $733,663.96) with Clean Cut Landscape for streetscape improvements on Baker Street Phase 2 Truxtun Avenue to Jackson Street. n. o. p. Contract Change Order Nos. 21 and 22 to Agreement 06-028 with Granite Construction Company ($57,114.38 for a revised not to exceed amount of $6,543,708.74) for the North Chester Avenue Bridge over the Kern River Replacement Project. Bids: q. Accept bid and award contract to Hudson Custom Construction, Inc. ($68,777.00) to replumb Fire Station NO.9. r. Accept bid and award contract to Insituform Technologies ($987,548.00) to construct "a" Street Sewer Rehabilitation between BNSF Railroad and 26th Street. Accept bid and award contract to V. Lopez Jr. & Sons General Engineering Contractors, Inc. ($779,809.30 base bid only) to construct streetscape and storm drain improvements, 19th Street at Eye Street. t. Accept bid from South Kern Machinery ($203,145.50) for two (2) replacement articulating four-wheel drive loaders with 2.0 C.Y. buckets for the Public Works Department, Streets Division. s. u. Accept bid from Coastline Equipment ($214,092.45) for two (2) replacement articulating four- wheel drive loaders with 2.5 C. Y. buckets for the Public Works Department, Streets Division. v. Accept bid from South Kern Machinery ($124,209.50) for one (1) additional and one (1) replacement backhoe loader for the Public Works Department, Streets Division. Miscellaneous: w. Acceptance of 2005-06 Transportation Development Act Funds Financial Statements. x. Acceptance of Financial Audit Reports. y. Appropriate $29,944 State of California Workforce Housing Reward Grant Program funds to the Capital Outlay Fund for use on the Mill Creek Linear Park Project - Phase 1. Appropriate $291,494 Transportation Development Act Article 3 Grants to the Public Works Department's Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund for the Mill Creek Bike Path. z. Staff recommends adoption of Consent Calendar items a through z. 3 City Council Meeting of 2/13/08 5. CONSENT CALENDAR HEARINGS (Ward 3) (Ward 7) (Ward 4)* . - upon annexation a. Public Hearing to consider General Plan Amendment//Zone Change 07-1715; Sikand Engineering, representing Rio Bravo Investment Group (property owner) has applied for a general plan amendment and zone change on approximately 17 acres generally located southwest of Highway 178 and Morning Drive. (Staff recommends adoption of resolution and give first reading to ordinance.) 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) and HMR (High Medium Density Residential) to OC (Office Commercial) on approximately 13 acres, and HMR to GC on approximately 4 acres. 2. First Reading of Ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zone Map No. 103-24 from C-2/PCD (General CommerciaVPlanned Commercial Development) and R-2 (Limited Multi-family Dwelling Residential) to C-O (Commercial Office) on approximately 13 acres, and R-2 to C-2/PCD on 4 acres. b. Public Hearing to consider General Plan Amendment/Zone Change 07-1791; Evergreen Devco, Inc., representing Infinity Development Property Management (property owner) has applied for a general plan amendment and zone change on 2.50 acres located along the south side of Planz Road, west of South H Street. (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 GC (General Commercial) on 2.50 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-13) of Title Seventeen of the Bakersfield Municipal Code from R-2 (Limited Multiple Family Dwelling Zone) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development Zone) on 2.50 acres. c. Public Hearing to consider General Plan Amendment /Zone Change 07-1848; SmithTech/USA, Inc., representing Alfred Palla Jr. and Donald Ralph Palla (property owner) has applied for a general plan amendment and zone change on approximately 80 acres located at the north side of Brimhall Road, east side of Rudd, and south of Palm Avenue. (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 UER (Urban Estate Residential) to SR (Suburban Residential) on 80 acres. 2. First Reading of Ordinance approving the Negative Declaration and amending Section 17.06.020 (Zone Map No. 101-27) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-S-5A (Residential Suburban -5 Acre Minimum) to E (Estate One-family Dwelling) on approximately 80 acres. 4 City Council Meeting of 2/13/08 5. CONSENT CALENDAR HEARINGS continued (Ward 5)* d. Public Hearing to consider General Plan Amendment /Zone Change 07-1874; Mcintosh & Associates, representing Michael Antongiovanni, Nancy Turnipseed, and Steven Antongiovanni (property owners) has applied for a general plan amendment and zone change on 39.92 acres located at the northeast corner of McCutchen Road and Old River 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 LR (Low Density Residential) on 39.92 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 from A (Agriculture) to R-1 (One Family Dwelling Zone) on 39.92 acres. 6. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 (Three cases) 1. Edwin Davenport v. City, et al Kern County Superior Court, Case No. S-1500-CV-259915-LPE 2. Elizabeth Matthews v. City et al Kern County Superior Court, Case No. S-1500-CV-258659-SPC 3. Essex Insurance Company v. City, D.A.R.E., Inc. et al Kern County Superior Court Case No. S-1500-CV-256273-AEW 4. John M. Tarabino & Joseph A. Tarabino, individuals; and DKS Investments, LLC, v. City Kern County Superior Court Case No. S-1500-257620-SPC b. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9 c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 d. Conference with Legal Counsel- Potential Litigation: Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (One issue) RECONVENED MEETING - approximately 6:30 p.m. 7. ROLL CALL 8. INVOCATION by Pastor Tim Hardy, Laurelglen Bible Church. 9. PLEDGE OF ALLEGIANCE by Ashlyn Klopfenstein, 5th grade student at Bimat Elementary School. 10. CLOSED SESSION ACTION 11. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to On Man Lau, President of American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 17-23, 2008 as "National Engineers Week". 12. PUBLIC STATEMENTS 13. REPORTS . - upon annexation 5 City Council Meeting of 2/13/08 14. HEARINGS (Ward 5) (Ward 3)* a. 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 making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment 05-1580, known as the 10 Section Project. 2. Resolution approving the appeal and adopting 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. 3. First Reading of Ordinance amending Title 17 of the Municipal Code and amending Zoning Map No. 122-28 from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 220-acres. Staff recommends adoption of resolutions and give first reading to ordinance. b. General Plan AmendmentlZone Change 06-0494; Mcintosh and Associates, representing Douglas DeBerti and San dye 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), Y2 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. Staff recommends adoption of resolutions. 15. DEFERRED BUSINESS 16. NEW BUSINESS 17. COUNCIL AND MAYOR STATEMENTS 18. ADJOURNMENT 02/05108 4:55 PM Respectfully submitted, ~ q~ rJ~ Alan Tandy City Manager 6 City Council Meeting of 2/13/08 AGENDA HIGHLIGHTS FEBRUARY 13, 2008 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CONSENT CALENDAR Ordinances Item 4c. First Readino of an Ordinance Amendino of the Municioal Code and Zonino Mao from A to R-2 on 40 Acres and A to 01 on 4 Acres Located South of 7th Standard Road and West of the Calloway Canal. Louise Palmer, representing Ad a vco , In., proposes a single-family residential and multi-family unit development, a drilling island, and PG & E substation. On October 18,2007, the Planning Commission recommended Council adoption. No one spoke in opposition to the project, and the applicant agreed to all conditions and mitigation. . , Aareements Item 41. Aoreement with Kern County Water Aoency lKCWA) reoardino Assets. Riphts and Prooertv Association with the Kem River Prooram. the Aera Park Prooertv Located at Stockdale Hiohway and Jewetta Avenue. and use of City Water Facilities. The City acquired the 40-acre property, rtow known as "Aera Park", with funds provided by the 2000 Water Bonds - Proposition 13 through the KCW A, In 2001. In order to dedicate a portion of the property to recreational uses, the City will allow the KCWA to percolate water in the "2800 Acres" to replace the spreading capacity at Aera Park that is dedicated to recreation. The agreement allows the KCWA to drill and operate water wells on and near the property. A management plan is included in the agreement that controls KCWA pumping of these wells as to not affect water levels or the quality of water in City Domestic Water System wells. Item 4m. Aareement with Sewa Sinoh to Reimburse the City to Construct Street Imorovements Adiacent to Fire Station No. 5 in the amount of $22.000.00. As part of the construction of new Fire Station 5, City forces are constructing sewer, storm drain, and street improvements that pass along the frontage of Mr. Singh's property to the west of the new fire station. To maximize efficiency of construction, as well as some of the construction needed for Mr. Singh's Conditional Use Permit, the City and Mr. Singh agree that Mr. Singh will reimburse the City for construction work performed on his behalf along his property frontage. Item 4n. Amendment No 1 to Aoreement 03-213 with the Greater Bakersfield Seoaration of Grade District. for Preliminarv Desion and Richt of Way Enoineerinc for the Mohawk Street and Burlinoton Northern and Santa Fe Railroad lBNSF) Seoaration of Grade Proiect in an amount not to exceed $57.000.00. BNSF is requesting a Project design change from an underpass to an overpass. With this change, the City will need to revise submittals to the California Public Utilities Commission (CPUC) and amend agreements with the State of California Department of Transportation and the BNSF. Bids Item 4r. Award Contract to Insituform Technolooies to Construct Q Street Sewer Rehabilitation between Burlinoton Northern and Santa Fe Railroad lBNSF) and 261ft Street in the amount of $987.548.00. This project will rehabilitate an existing sewer line along Q Street, between BNSF and 261ft Street, by placing Cured-In- Place Pipe (CIPP) within the existing sewer pipe. The existing manholes will also be rehabilitated by means of a spray-on protective lining. This construction method results in less disruption to the vehicular traffic than replacing the sewer line. Funding for this project is from the Sewer Enterprise Fund. Six acceptable bids were received. Staff recommends awarding the contract to Insituform Technologies. Agenda Highlights February 13, 2008 Page 2 Item 45. Award Contract to V. Lopez Jr. & Sons General Encineerinc Contractors. Inc. to Construct Streetscape and Storm Drain Improvements on 19th and Eye Streets in the base bid amount of $779.809.30. This project is an extension of the 19th Street improvements and is a continuation of the Downtown Design Charette Strategy #5. The project will consist of new sidewalks and decorative concrete pavement, street lights and bOllards, trees and planters. Storm drain improvements will help mediate the current drainage problem at the northeast and northwest corners of this project. This projected is funded through Community Development Block Grant Funds and Sewer Enterprise Funds. Three acceptable bids were received. Staff recommends awarding the contract to V. Lopez Jr. & Sons General Engineering Contractors, Inc. Item 4t & 4u. Award Contracts to South Kem Machinery in the amount of $203.145.50 and Coastline Eauipment in the amount of $214.092.45 for Two (2) Replacement Articulatina Four-wheel Drive Loaders with 2.0 C.Y. Buckets and Two (2) with 2.5 C.Y. Buckets. respectivelY. for the Public Works Deoartment Street Division. The purpose of these contracts is replace loaders that have been in service for 12 to 14 years and have differential, brake, and transmission failures, which have caused extended down time in excess of 30 days. Four acceptable bids were received. Staff recommends awarding the contracts to South Kern Machinery and Coastline Equipment. Item 4v. Award Contract to South Kern Machinery for One (1) Additional and One (1) Replacement Backhoe Loader for the Public Works Deoartment. Streets Division in the amount of $124.209.50 The purpose of this contract is replace one loader that has differential, brake, and transmission failures, which have caused extended down time in excess of 30 days, and the purchase of an additional loader due to the increased work load in the Streets Division. Four acceptable bids were received. Staff recommends awarding the contracts to South Kern Machinery and Coastline Equipment. Miscellaneous Item 4z. Aoprooriate $291.494 Transoortation Develooment Act Article 3 Grants to the Public Works Department's Caoitallmorovement Budcet within the Bikeway and Pedestrian Pathway Fund for the Mill Creek Bike Path. A central element of the Mill Creek linear park project includes a bike path along' the canal bank. As part of the overall project, the path creates a bicycle link between housing, transportation and recreation, education, commercial, office and industrial uses. In 2007 staff applied for a grant from the Transportation Development Act Fund (TDA), Article 3, Bicycle and Pedestrian Facilities Claim. The City was successful in obtaining funds in the amount of $263,000 for this bike path. Additional previously granted TDA funds in the amount of $28,494 will also be utilized. This item appropriates both grants and places $291,494 into the Capital Improvement Projects account for construction of the bike path. CONSENT CALENDAR HEARINGS On December 20, 2007 the Planning Commission recommended approval of Items Sa., 5b., and 5d. Item 5c. was recommended for approval on December 17, 2007. No Individuals or agencies oppose the requests, and the applicants agreed to all conditions and mitigation for the projects. Item Sa. General Plan Amendment and Zone Chance on Aporoximatelv 17 Acres Located Southwest of Hiahway 178 and Mominc Drive. Sikand Engineering, representing Rio Bravo Investment group, proposes development of a comprehensive cancer center and associated commercial uses at the southwest corner of Morning Drive and Highway 178. The request would add a 13 acre buffer of office uses (C-O) between and existing 10-acre commercial corner (C-2/PUD) and adjacent residential uses. Item 5b. General Plan Amendment and Zone Chance on AooroximatelY 2.50 Acres Located Alonc the South Side of Planz Road. West of South H Street. Evergreen Devco, Inc., representing Infinity Development Property Management, proposes development of neighborhood commercial uses on the site. Agenda Highlights February 13. 2008 Page 3 Item 5c. General Plan Amendment and Zone Chanoe on Aooroximatelv 80 Acres Located at the North Side of Brimhall Road. East Side of Rudd. and South of Palm Avenue. Upon annexation into the City, Smith Tech/USA, inc., representing Alfred Palla Jr. & Donald Ralph Palla, propose development of 270 single family homes on the site. At the pre-meeting, the Planning Commission asked for information regarding the footprint of the West Beltway and Brimhall Interchange. Mitigation conditions were added to require the developer to install or fund two lanes of the West Beltway to arterial standards within the project area. Item 5d. General Plan Amendment and Zone Chanoe on Aooroximatelv 39.92 Acres Located at the Northeast Corner of McCutchen Road and Old River Road. Mcintosh & Associates, representing Michael Antongiovanni, Nancy Turnipseed, and Steven Antongiovanni, propose development of 172 single family residential units on the site. Council will adiourn to Closed Session followina the comDlllion of the Consent Calendar Hearinas CLOSED SESSION There will be conferences with legal counsel regarding four cases of existing litigation. one case of potential initiation of litigation, conference with labor negotiator, and one case of potential litigation. Cpnttnuation of the Reaular Meetina - AoDroximatelv 6:30 D.m. HEARINGS Item 148. Public Hearino to Consider and Aooeal of the Plannino Commission's Denial of a General Plan Amendment and Zone Chanoe on 220 Acres Located on the South of Panama Lane and East of Nord Avenue. Jim Manley, representing 10 Section LLC, the property owner, proposes construction of a single-family residential development. The Planning Commission recommended denial based on concerns regarding the health, safety, and welfare of the adjacent water bank, as well as area wildlife and mosquito issues dealing with disease. Representatives from the Kern Water Bank Authority and Department of Fish and Game spoke in opposition. The public hearing for this item was initially scheduled for August 29, 2007, but has been continued multiple times because of unresolved issues. Staff met with the applicant and the California Department of Fish and Game to include several new conditions to address the environmental concerns. They are detailed in the administrative report and appear to have resolved the outstanding issues. Staff recommends approving the EIR, upholding the appeal and approving the General Plan Amendment. Item 14b. General Plan Amendment and Zone Chanoe on 60 Acres Located on the East Side of Edison Road (future). ~ Mile North of Breckenridoe Road. Mcintosh and Associates, representing Douglas DeBerti and Sandye Deberti propose development of 300 single-family residential dwelling units. The public hearing for this item was initially scheduled for May 9, 2007; but has been continued multiple times at the applicant's request. This proposal had considerable public opposition and was denied by the Planning Commission by unanimous vote based primarily on isolation from other urban developments, inaccessibility, lack of infrastructure, lot size inconsistency, and premature development. Staff recommends denial of the proposed General Plan Amendment and Zone Change. Approved: Rhonda Smiley, Assistant to the City Manager I PIO ~. cc: Department Heads City Manager's File City Clerk's Office News Media File ADMliNISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: 1-f.. a.- . TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAIl 'fir' CITY ATTORNEY CITY MANAGER & Pamela McCarthy, City Clerk February 1, 2008 SUBJECT: Approval of minutes of the January 30, 2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA .~ECTION: Consent Calendar ITEM: 't b, TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED January 31, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from January 18, 2008 to January 31, 2008 in the amount of $11,419,171.19 and Self Insurance payments from January 18, 2008 to January 31, 2008 in the amount of $591,579.30. RECOMMENDATION: Staff recommends approval of payments totaling $12,010,750.49. BACKGROUND: RAR February 1, 2008, 1 0:26AM S:\Richard\AP\ADMIN-AP .doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA ECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ DATE: January 24, 2008 CITY ATTORNEY /:)YI1:..4 I CITY MANAGER R.s SUBJECT: Zone Change 06-1698. (Ward 4 upon annexation) Louise Palmer, representing Adavco, Inc., the developer, has applied for a zone change on approximately 44 acres located south of Seventh Standard Road and west of the Calloway Canal. 1. First reading of ordinance approving the Negative Declaration amending Title 17 of the Municipal Code and amending Zoning Map No. 101-01 from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on approximately 40 acres and A to 01 (Drilling Island) on approximately 4 acres. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: Upon rezoning and annexation into the City, the proposal would allow for the development of approximately 300 single-family and multi-family units, a drilling island, and PG & E substation on the approximate 44-acre project site. The City Council approved the general plan amendment for this site on May 9,2007. The zone change application was remanded to city staff at the request of the applicant to include 01 (Drilling Island) zoning at the southeast corner of the property. The Planning Commission conducted a public hearing on the zone change and recommended approval to the City Council on October 18, 2007. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Conditions of approval and mitigation measures which address cultural resources and traffic are recommended as part of the project approval. Regarding traffic, the City Public Works department conditioned the following improvements for Seventh Standard Road: . The applicant is required to dedicate sufficient right-of-way to accommodate a six-lane, 126-foot right of way along Seventh Standard Road to conform to Expressway standards; . The city/county are to construct the internal four lanes of Seventh Standard Road; the applicant is required to construct the outside eastbound lane; . The applicant is required to construct any additional tum lanes that will service the subject property; and ADMINISTRATIVE REPORT Page 2 . The applicant is required to dedicate sufficient right-of-way and construct an additional 30 feet of landscaping along the south side of Seventh Standard Road (20 feet more than the requirement for Arterial standards). Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on February 26, 2006, and recirculated on October 30, 2007 in accordance with CEQA. RB. S:\GPA 1st 2007\06-1698\ZC\Staff Reports\Admln Report 1698.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM NO: J..j t d. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director January 28, 2008 APPRO~ DEPARTMENT HEAD fA- CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance amending Sections 17.04.547; 17.60.020 b.; 17.60.050 c.; 17.60.060 a.3.; 17.60.060 b.1-5, 9; 17.60.070; and 17.60.090 of the Bakersfield Municipal Code relating to signs. (All wards) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKG~OUND: First reading of the ordinance was given on January 30, 2008. The Planning Commission unanimously approved forwarding this ordinance to the City Council for adoption at their meeting of December 6, 2007. In April, 2007. the City Council forwarded to their Planning and Development Committee referrals conceming the enforcement of electronic message displays and temporary signs (ie. banners, pennants, streamers, balloons). That Committee held a series of six public meetings from April through November to consider changes to the city's sign ordinance. Additionally, three public workshops were held in June and July by planning staff in conjunction with the Greater Bakersfield Chamber of Commerce, one with local sign companies concerning electronic message displays, and two with representatives from area automobile dealerships specific to the use of banners and pennants. The proposed changes to the sign ordinance are a result of those meetings. The Committee was shown this draft at their meeting on November 1, 2007 and they directed staff to hold a publiC hearing before the Planning Commission for comment and recommendation to the City Council. Electronic MessaQe Disolavs The Planning and Development Committee recommended a new section be added to the sign ordinance to include the following: . Pylon signs - limit to large retail developments (defined as containing buildings 50,000 square feet or more), or in shopping centers of 5 acres or more. . Monument signs - allow for both large and small developments but limit to one along each street frontage. January 28, 2008. 9:27AM S:\DanalADMINS\2OO8IFeb\2-13 SIgns - e/eCI1Onlc_banners 2.doc ADMINISTRATIVE REPORT page 2 . Require a 150-foot setback from residentially zoned areas . Changeable copy would be permitted for all of these signs. . Allow on outdoor advertising signs (billboards). (Because these signs are typically larger than business identification signs, they would continue to maintain the current 30D-foot setback from residential areas). Banners. Pennants/Streamers The Planning and Development Committee recommended the following changes for use of banners and pennants (these changes were supported by participating representatives from both new and use automobile dealerships). . SDecial Event Sians: Increase the number of total days from 45 to 60 da~ and the number of events from 5 to 8 (per calendar year). . Pole Banners: Allow the permanent use of pole banners. Banners would only be allowed on light poles within the parking lot outside street rights-of-way. Two banners would be allowed on each pole (maximum size of 30" x 96"). The size and placement of these banners are consistent with those used by the City for promotional events. . Pennants (streamers): Limit to 1\\0 (2) strands (as suggested by the automobile dealers) around the perimeter of the approved outdoor sales area only. Use would be limited to properties zoned C-2 or M (these are the only zones where automobile dealerships and outdoor sales areas are allowed by right). Miscellaneous The other ordinance changes relate to the aforementioned recommendations to ensure consistency within the ordinance. They include amending the sign definitions to update the definition of an electronic message display and add a definition for a pole banner, add that penn its are not required for banner use, add brightness control provisions for electronic signs, and revise the prohibited sign section to recognize the newly permitted signs. Staff also recommends adding the Westside Parkway to the list of streets where pylon signs and billboards are prohibited. The Westside Parkway is designed as a landscaped scenic way to compliment the Kem River Parkway. Because pylon signs and billboards would be permitted electronic message displa~, to maintain scenic views of the Kem River consistent the Kem River Element, it is necessary to limit their impact along the parkway corridor consistent with the pylon prohibition along the Truxtun Avenue between State Highway 99 and Coffee Road. Lastly, staff is taking the opportunity to clarify a section in the CO zone concerning center identification signs, and to all sign sections conceming setbacks (the current language is cumbersome). CONCLUSION: The proposed ordinance amendments will help businesses successfully advertise their products, and improve regulations concerning new electronic technology. The Planning and Development Committee of the City Council and Planning Commission recommends the amendments be a:fopted by the City Council. J811U11Ty 28. 2008. 9:27AM S:\D8Il11IADMINS\2OO8\Feb\2-13 SIgns - &/ecIronitU1SnnerB 2.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: 4.. e- TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ February 1, 2008 CITY ATTORNEY ;81JU- CITY MANAGER es SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections S 1.12.010, S 1.12.040 and ~ 1.12.050 by adding Annexation No. 505 consisting of 54.34 acres, located west of Cottonwood Road, north of Panama Lane, Annexation No. 523 consisting of 33.01 acres, located on the north side of East Hosking Avenue, between South Union Avenue and Cottonwood Road, Annexation No. 528 consisting of 22.06 acres, located south of Chester Avenue and south of White Lane, generally west of South Union Avenue and Annexation No. 529 consisting of 64.47 acres, located at the southwest comer of South Fairfax Road and Redbank Road to Ward 1, Annexation No. 466 consisting of 83.47 acres, located north of Snow Road, generally west of the Calloway Canal, east of Allen Road, Annexation No. 531 consisting of 60.88 acres, located north of Stockdale Highway, generally west of Renfro Road, Annexation 542 consisting of 0.55 acres, located on the north side of Old Town Road, between Allen Road and Old Farm Road, Annexation 552 consisting of 2.45 acres, located on the north side of Brimhall Road, west of Calloway Drive, Annexation No. 562 consisting of 99.50 acres, located at the northeast comer of Snow Road and Coffee Road, west of the Beardsley Canal and Annexation No. 565 consisting of 91.65 acres, located on Etchart Road, on the east and west side of Coffee Road, west of the Beardsley Canal to Ward 4, and Annexation 530 consisting of 77.56 acres, located at the northwest comer of Gosford Road and Taft Highway to Ward 5. (Wards 1, 4 & 5) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on January 30, 2008. This ordinance amends the ward boundaries to include Annexations 505, 523, 528, 529, 466, 531, 542, 552, 562, 565 and 530 into corresponding Council ward. These annexations were approved by LAFCO recently. Annexation No. 505 is located west of Cottonwood Road, north of Panama Lane. The property consists of 54.34 acres. The property owner proposes the development of single family residential ADMINISTRATIVE REPORT Page 2 units on the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 523 is located on the north side of East Hosking Avenue, between South Union and Cottonwood Road. The property consists of 33.01 acres. The property owner proposes to develop single family residential units on the site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 528 is located south of Chester Avenue and south of White Lane, generally west of South Union Avenue. The property consists of 22.06 acres. The property owner requested annexation for development purposes and to receive city services. Annexation No. 529 is located at the southwest corner of South Fairfax Road and Redbank Road. The property consists of 64.47 acres. The property owner requested annexation for development purposes and to receive city services. Annexation No. 466 is located north of Snow Road, generally west of the Calloway Canal, east of Allen Road. The property consists of 83.47 acres. The property owner proposes to develop of estate residential on the project site. The property owner requested annexation for development purposes and to receive city services. Annexation No. 531 is located north of Stockdale Highway, generally west of Renfro Road. The annexation consists of 60.88 acres. This annexation is City owned property and will be part of the Wests ide Parkway. Annexation No. 542 is located on the north side of Old Town Road, between Allen Road and Old Farm Road. The property is developed with a single family residence. The property owner requested annexation to receive city services. Annexation No. 552 is located on the north side of Brimhall Road, west of Calloway Drive. The property consists of 2.45 acres. The site is designated for office commercial development. The property owner requested annexation for development purposes and to receive city services. Annexation No. 562 is located northeast comer of Snow Road and Coffee Road, west of the Beardsley Canal. The property consists of 99.50 acres. The property owner proposes the development of single family homes. The property owner requested annexation for development purposes and to receive city services. Annexation No. 565 is located on Etchart Road, on the east and west side of Coffee Road, west of the Beardsley Canal. The property consists of 91.65 acres. The property owner, proposes development of single family homes. The property owner requested annexation for development purposes and to receive city services. Annexation No. 530 is located at the northwest comer of Gosford Road and Taft Highway. The property consists of 77.56 acres. The property owner proposes the development of single family residential on approximately 70 acres and regional commercial development on the remaining portion of the project site. The property owner requested annexation for development purposes and to receive city services. S:\Annexalion\Ordinances\2007\admln\Admin adopt 2-13-08 505.523.528.529,466.531,542,562.565 & 530.DOC ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGEND~JSECTION: Consent Calendar ITEM: I-f..-fl, TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director January 31, 2008 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY _ CITY MANAGER Rs SUBJECT: Adoption of an ordinance approving the Negative Declaration and amending Section 17.06.020 (Zone Maps 101-13 and 101-24) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture Zone) to M-1 (Light Manufacturing Zone) on approximately 10 acres, and A to E (Estate Dwelling Zone) on approximately 17 acres located generally south of Hageman Road, west of Piedmont Avenue, and east of the Burlington Northern Santa Fe (BNSF) railroad (ZC 07-1077 - Marino & Associates) (Ward 4 upon annexation). RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on January 30, 2008 after an appeal hearing which modified Condition 13 to reflect the applicants requested change. The proposal would allow for the development of 10 acres of light industrial along Hageman Road, and a maximum of 68 single family homes on ~-acre lots the southern 17 acres of the project site. The applicant is also requesting annexation into the City of Bakersfield. The Planning Commission conducted a public hearing on this general plan amendment/zone change on October 18,2007, and recommended approval to the City Council. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on May 11, 2007 in accordance with CECA. RB-5:\ZoneChange\yr 2007\07-1077\Admln ReportlAdmln Report 07-1077 2nd Readlng.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGEND~SECTION: Consent Calendar ITEM: I-f, q . (J TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 26, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APP~VED ~ 'he-- IRs SUBJECT: Assessment District No. 08-1, (Montecito Oaks) (Ward 6) 1. Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings. 2. Resolution Approving Boundary Map 3. Resolution of Intention 1586 4. Agreement with Wilson & Associates for Assessment Engineering. 5. Agreement with Orrick, Herrington & Sucliffe, Bond Counsel, for legal services. 6. Agreement with Goodwin Procter, LLP, Disclosure Counsel, for legal services. RECOMMENDATION: Staff recommends adoption of the Resolutions and approval of Agreements. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed assessment district. The proposed assessment district is named Montecito Oaks and is located generally on the northeast corner of Ashe Road and Taft Highway, bordered on the north by McKee Road and on the east by Mountain Ridge Drive, and is planned for new residential development. It is proposed that the applicant, Montecito Communities, will construct residential units with acquisition of the improvements upon completion. The improvements include the construction of Ashe Road, McKee Road, Mt. Ridge Road, and the interior streets of Tracts 6757, 6758, and 6759. Items of construction include curbs, gutters, sidewalks, storm drains, catch basins, grading, sewers, block wall, street lights, monuments, and paving improvements. Once the resolutions and agreements are adopted, the next step is for bond counsel to prepare the Acquisition and Disclosure Agreement. TT:tt January 30. 2008, 2:44PM G :\GROUPDA T\ADMINRPT\2008\02-13\ad08-1 roLdoc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER f,s January 25, 2008 SUBJECT: Panama - Buena Vista Bridge and Major Thoroughfare Area (Ward 5). 1. Resolution of Intention No. 1589 to establish the Panama - Buena Vista Bridge and Major Thoroughfare Area and preliminarily approving the boundaries of the area and the cost and fee schedule. 2. First reading of Ordinance amending Subsection F of Section 16.32.060 of the Bakersfield Municipal Code relating to Bridge Crossings and Major Thoroughfares. RECOMMENDATION: Staff recommends approval of the Resolution of Intention and first reading of the ordinance. BACKGROUND: Until recently, the intersection of Panama Lane and Buena Vista Road has been subject to significant delays due to the piecemeal improvement of Panama Lane in the vicinity, and the City had been searching for a way to get this intersection completed. One of the difficulties in improving this intersection is that the property owner of the 18 acre northeast commercial corner (Ernie Antongiovanni) was not ready to develop. Mr. Antongiovanni did not have the funds to complete these improvements, but was willing to pay his proportionate share upon future development of the property. As the City also did not have funds to improve this portion of the intersection, staff contacted the developer of a nearby tract (Centex) who was constructing Panama Lane north of this piece and Buena Vista Road east of this price and asked them to do the extra improvement. Centex was willing to do these extra improvements, provided they could be reimbursed in the future. One of the tools available to cities to provide for reimbursement is the formation of a Bridge and Major Thoroughfare Area. A public hearing must be held regarding the boundary of the area of benefit, the cost of the improvement, and the method of fee apportionment; and an ordinance must be passed. The attached Resolution of Intention sets the hearing date for February 27,2008 and has as exhibits the cost estimate, the fee schedule, and the boundary map. The commercial corner is the only area benefiting from these improvements. The ordinance is attached for first reading. This Ordinance adds the Panama - Buena Vista Major Thoroughfare Area to the list of bridge crossings and major thoroughfares for which subdividers/developers are charged at time of development to pay the cost of constructing the planned facilities. TT:II 1/25120082:15:46 PM ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: '-IF /. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 31 , 2008 DEPARTMENT HEAD CITY ATTORNEY APPROVED t(C f~/)'/ ,j I' Ii /.:.i/ CITY MANAGER & SUBJECT: Resolutions adding the following territories to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Wards 1,6) 1. Area 2-37 (District, Stine NW) 2. Area 5-44 (E. White, S. Washington NW) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On January 30,2008 the Council adopted Resolution of Intention No's. 1587 and 1588 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. Feb 13_Est.dot ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGE~DA ~E~TION: Consent Calendar ITEM. 4. i. , U TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ;1....- January 23, 2008 CITY AnORNEY /!31JU- CITY MANAGER ls SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 570 consisting ~ 21,071 square feet, located on the south side of Southgate Drive, between Soutli H Street and South Union Avenue. (Ward 7) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 570 consisting of 21,071 square feet, located on the south side of Southgate Drive, between South H Street and South Union Avenue. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner has consented to annexation. The proposal is to annex the land for development purposes and receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:dc S:\Annexation\Res of Applic\Admin Draft 570.doc ADMINISTRATIVE REPORT MEETING DATE: February 13 2008 AGENDA SECTION: Consent Calendar ITEM: '-I. K. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: January 28, 2008 CITY ATTORNEY CITY MANAGER es SUBJECT: Improvement Agreement Improvement Agreement with SMEE BUILDERS INC. for Tract Map 6653 located south of Hosking Avenue and east of Stine. (Ward 7) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. r9 January 29, 2008, 8:36AM G:\GROUPDA T\ADMINRP1\2008\02-13\Map and Improvement Agreement T6653.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: 'I. I. TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager APPROVED DEPARTMENTHEAD~ CITY ATTORNEY Vc.. CITY MANAGER Rs January 31, 2008 SUBJECT: Agreement with Kern County Water Agency regarding Assets, Rights and Property AS$ociated with the Kern River Program, the Aera Park property located at Stockdale Highway and Jewetta Avenue, and use of City water facilities. ryvard No.4) RECOM MENDA TION: Water Board and staff recommend execution of agreement. BACKGROUND: This agreement forms the basis of understanding between the City and the Kern County Water Agency (KCWA) for the use of a 40 acre property, now known as "Aera Park", located at Stockdale Highway and Jewetta Avenue. The City acquired the property in 2001 with funds provided by the 2000 Water Bonds - Proposition 13 through the KCWA. The property has limitations on use, namely for groundwater recharge and/or recreational purposes. In order to dedicate a portion of the property to recreational uses, the City will allow the KCWA to percolate water in the "2800 Acres" to replace the spreading capacity at Aera Park that is dedicated to recreation. Additional terms in this agreement will give the KCWA access to City wells in the "2800 Acres" to pump water for uses restricted to delivery within Kern County. Appropriate fees will be charged to cover costs for use of the wells. Seasonal and annual limitations are on the volume of water produced and the KCWA must pump its own banked water that is stored in the "2800 Acres". The agreement allows the KCWA to drill and operate water wells on and near the property. A management plan is included in the agreement that controls KCWA pumping of these wells as to not affect water levels or the quality of water in City Domestic Water System wells. The City of Bakersfield Water Board reviewed and voted to recommend City Council approval of this agreement at its November 14, 2007 meeting. January 31, 2008 S:\2008ADMIN RE PORTS\KernRiverProgramKCW A02132008 ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: if. fY1. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~D I ),IJI/ /</I/t-4 Rs January 25, 2008 SUBJECT: Reimbursement Agreement for street improvements adjacent to Fire Station NO.5 (Ward 1): 1. Reimbursement Agreement with Sewa Singh ($22,000.00) to construct street improvements. 2. Appropriate $22,000.00 reimbursable costs to the Public Works Department's Capital Improvement Budget within the Supplemental Law Enforcement Fund. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: As part of the construction of new Fire Station 5, City forces are constructing sewer, storm drain, and street improvements that pass along the frontage of Mr. Singh's property to the west of the new Fire Station. To maximize efficiency of construction needed for the Fire Station, along with some of the construction needed for Mr. Singh's Conditional Use Permit (File # 07-0074), the City and Mr. Singh agree that Mr. Singh will reimburse the City for construction work that the City performs on his behalf along his property frontage. (tma) January 30, 2008, 4:03PM (P5HOO5)G:\GROUPDAT\ADMINRPT\2008\02-13\Reimbursement Agrmnt St. Improvements on E. White Lane.doc ADMINISTRATIVE REPORT MEETING DATE: January 30, 2008 AGENDA ~ECTION: Consent Calendar ITEM: I-f. n. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 17, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 7'!:-VED 1/6- Rs SUBJECT: Amendment No. 1 to Agreement 03-213 with the Greater Bakersfield Separation of Grade District, for preliminary design and right of way engineering for the Mohawk Street and Burlington Northern and Santa Fe Railroad (BNSF) separation of grade project. ($57,000.00) (Ward 2). RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: The City and the Separation of Grade District entered into a Joint Agencies Agreement for Preliminary Design and Right of Way Engineering for the Mohawk Street and BNSF Separation of Grade Project on July 30,2003. Originally, the design of the Project was to be an underpass; however, while BNSF initially agreed with the underpass for the application to the California Public Utilities Commission ("CPUC"), they subsequently determined that an overpass was their preferred option. With this design change, the City will need to revise submittals to the CPUC (applications, agreements, etc.) and amend agreements with the State of California Department of Transportation and the BNSF. This amendment will enable the Separation of Grade District to continue assisting the City in completing the above mentioned work. ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: 1..)" CJ. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER JfCVSJl Jf: January 30, 2008 SUBJECT: Contract Change Order No. 1 to Agreement No. 06-390 with Clean Cut Landscape ($41,148.96 for a revised not to exceed amount of $733,663.96) for the Streetscape Improvements, Baker Street Phase 2 Truxtun Avenue to Jackson Street (Ward 2). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides Streetscape improvements on Baker Street from Truxtun Avenue to Jackson Avenue. During construction, some areas of sidewalk were found to be undermined. The undermined area needs to be filled with cement sand slurry in order to safely support the sidewalk. The contractor agreed to do this work for the lump sum price of $88.86. An irrigation line being installed for this project needs to be relocated because it conflicts with an existing storm drain pipe on the southwest corner of Baker and Sumner. This relocation work will require additional sawcutting in the pavement area. The contractor has agreed to do this work for the lump sum price of $248.53. An existing gas line was found the on the west side of Baker St. running south of Sumner Ave. This gas line is in conflict with the new irrigation and electrical lines which need to be installed in this area. To clear this gas line, it will be necessary to move the new irrigation and electrical lines further into the street. This relocation work will require additional sawcutting in the pavement area. The contractor has agreed to do this work for the lump sum price of $83.34. During construction it was discovered that when the new tree grates are installed in the sidewalk on the West side of Baker St. south of E. 21st St. and on the east side of Baker St. north of Truxtun Ave., there is not enough clear area to meet ADA Standards. As such, it will be necessary to remove some of the paved area behind the existing sidewalk to provide for widening the pedestrian path. The contractor agreed to do this work for the lump sum price of $2,328.41. During construction it was discovered that an access ramp in the sidewalk area on the south side of the alley north of E. 19th Street needs to be realigned in order to comply with current ADA standards. As such, it will be necessary to remove the existing curb and gutter and sidewalk in order to realign the new ramp. The contractor has agreed to do this work for the lump sum price of $82.76. During construction the contractor installed the electrical risers in the tree wells for the new electrical outlets as show on the project plans. However, after they were installed it was discovered that the location G:\GROUPDAT\ADMINRPT\2008\02-13\CCO 1 Baker Streetscape Phase 2.doc RM ADMINISTRATIVE REPORT of the electrical risers hit the underside of the tree grates. These conduits need to be moved closer to the tree in order to align with the opening in the tree grate. The contractor has agreed to relocate these risers for the lump sum price of $2,927.13. An area of sidewalk adjacent to the project area was discovered to be settled. This area of sidewalk will cause a trip hazard when the new sidewalk is poured. As such, it will be necessary to remove this section of sidewalk so that this potential trip hazard can be eliminated. The contractor has agreed to do this work for the lump sum price of $361.31. After the new Power Pedestal was installed in the sidewalk south of the alley north of E. 19th, it was determined that it needs to be moved off the sidewalk and into the alley due to safety issues. The contractor has agreed relocate this facility for the lump sum price of $16,290.38. During construction it was discovered that three (3) 15 gallon bushes, which were installed per plan, were found to be inappropriate plant materials for the area in which they had been installed. As such, these bushes need to be relocated to a more appropriate area on the project. The contractor has agreed to do this work for the lump sum price of $422.81. In order to construct the project per the plans and specifications, several contract item quantities and prices had to be adjusted. These various adjustments will result in a net cost increase of $18,315.43 This is the first change order to be submitted for this project. This change order will increase the project total by $41,148.96 (which is an increase of 5.9% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $692,515.00 $733,663.69 $ 41,148.96 . = = G:\GROUPDAT\ADMINRPT\2008\02-13\CCO 1 Baker Streetscape Phase 2.doc RM ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA ITEM: TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director January 28, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER )t:OVED i0n4 fs SUBJECT: Contract Change Order Nos. 21 and 22 to Agreement 06-028 with Granite Construction Company ($57,114.38 for a revised not to exceed amount of $6,543,708.74) for the North Chester Avenue Bridge over the Kern River Replacement Project (Ward 3) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for demolishing and reconstructing the westerly bridge over the Kern River on North Chester Avenue. Change Order No. 21 provides for the planting of trees and hydroseeding with native species of shrubs and grasses along the slope embankment and in adjacent areas to the Kern River bed in accordance with the terms of the Stream Alteration Agreement No. 2004-0046-R4 between California Department of Fish & Games and the City of Bakersfield. Under this agreement and under the applicable environmental permits, the City of Bakersfield is responsible for revegetation and restoration of the disturbed areas adjacent to the banks of the Kern River at the conclusion of this project. This work was not included in the original bid to Granite Construction. The contractor has agreed to perform this work for the lump sum price of $39,305.85. Change Order No. 22 provides for additional contour grading along the south shore of the Kern River. The original grading plan for the bike path along the south shore of the Kern River and west of the new bridge structure did not allow for the flow of bicycle or pedestrian traffic to the west side of North Chester Avenue. These changes allow for this access without crossing North Chester Avenue. Because pedestrians would have forged their own pathways over time, the paved bike path will provide safe access and limit erosion and future maintenance to the landscaping along the bike path. The contractor has agreed to do this additional work for the lump sum price of $17,808.53. The net cost increase of Change Orders 21 and 22 is $57,114.38. This provides a total cost increase of $485,202.74 (which is an 8% increase from the original contract price) as illustrated below: . . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $6,058,506.00 $6,543,708.74 $ 485,202.74 = = G:\GROUPDAT\ADMINRP1\200B\02-13\CCO 21-22 Agr 06-02B.doc SP ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 29, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER J::OVED 'j! R.s SUBJECT: Accept bid and award contract to Hudson Custom Construction, Inc. ($68,777.00) to replumb Fire Station No.9 (Ward 5). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: Fire Station No. 9 was constructed in 1980 with galvanized iron pipe. Recently several leaks have occurred in the hot and cold water plumbing causing damage to the Station. These pipes need to be replaced due to corrosion. Some of the plumbing fixtures also need to be replaced. Funding for this project is from the Capital Outlay Fund. The Engineer's Estimate was $67,000. Sufficient funds are budgeted to award this agreement. Two acceptable bids were received on January 3, 2008 as follows: Hudson Custom Construction, Inc. 10135 Seven Falls Ave. Bakersfield, CA 93312 (City) in amount of $68,777.00 Consttech Construction Co. 17330 Rayen Street Northridge, CA 91325 in amount of $84,600.00 PWIENGR wgm January 30, 2008, 10:41AM G:\GROUPDA T\ADMINRPT\2008\02-13\Hudson Custom Construction.doc P8HOO9 ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA .~ECTION: Consent Calendar ITEM: 4, r. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Roj~s, Public Works Director January 30, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER fLVED ;;;;/1;4, Is SUBJECT: Accept bid and award contract to Insituform Technologies ($987,548.00) to construct "a" Street Sewer Rehabilitation between BNSF Railroad and 26th Street (Ward 2). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project consists of rehabilitating an existing sewer line along "a" Street, between BNSF Railroad and 26th Street, by means of placing Cured-In-Place Pipe (CIPP) within the existing sewer pipe. CIPP is the process of installing a resin-impregnated flexible tube, which when filled with hot water or steam hardens and fits tightly against the existing sewer line's interior walls. The existing manholes will also be rehabilitated by means of a spray-on protective lining. The existing 33" reinforced concrete sewer was built in 1954 and has never been rehabilitated. An engineering study was performed to assess the condition of the pipe and the manholes; the results of that study indicate this sewer line is beginning to show signs of deterioration. In order to preserve the integrity of this sewer line and prolong its useful life, it is necessary to rehabilitate it. Sewer rehabilitation is a more cost effective way to address the deterioration of this sewer line compared to replacing it. This construction method results in less disruption to the vehicular traffic than replacing the sewer line. Funding for this project is from the Sewer Enterprise Fund. The Engineer's Estimate for the "a" Street Sewer Rehabilitation was $1,500,000. There are sufficient funds in the project account for this contract. Six acceptable bids were received on January 8, 2008 as follows: Insituform Technologies 17988 Edison Avenue Chesterfield, MO 63005 in the amount of $987.548.00 Spiniello Construction 13241 Lakeland Road Santa Fe Springs, CA 90670 in the amount of $1,130,000.00 Wesco Infrastructure 20100 S. Western Avenue Torrance, CA 90501 in the amount of $1,186,792.00 January 30,2008, 8:13AM G:\GROUPDAT\ADMINRPT\2008\02-13\Sewer rehabilitation Q Street Pr No E4K101.doc ADMINISTRATIVE REPORT Michels Pipeline 1715 16th Street SE Salem, OR 97302 in the amount of $1,208,667.00 Southwest Pipeline 539 W. 140th Street Gardena, CA 90248 in the amount of $1,221,339.35 J. F. Pacific Liners 70 Union Way Vacaville, CA 95687 in the amount of $1,764,490.00 cmw January 30, 2008, 8:13AM G:\GROUPDAliADMINRPT\2008\02-13\Sewer rehabilitation a Street Pr No E4K101.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: t-j" S. TO: Honorable Mayor and City Council FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ January 31, 2008 SUBJECT: Accept bid and award contract to V. Lopez Jr. & Sons General Engineering Contractors, Inc. for Base Bid Only ($779,809.30) to construct Streetscape and Storm Drain Improvements, 19th Street at Eye Street (Ward 2). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND: This project, which will enhance the intersection was first appropriated in the 2004-2005 fiscal year. It is an extension of the 19th Street improvements and is a continuation of the Downtown Design Charette Strategy #5. New sidewalks and decorative concrete pavement will be highlighted by new decorative street lights and bollards. Each corner will have two new trees in decorative planters. Storm drain improvements will help mediate the current drainage problem at the northeast and northwest corners of this project. Funding for this project is from Community Development Block Grant funds and Sewer Enterprise Funds. The Engineer's Estimate was $745,000. Sufficient funds are budgeted to award this contract. Three acceptable bids were received on January 15, 2008 as follows: V. Lopez Jr. & Sons General Engineering Contractor, Inc. 200 E. Fesler # 203 P.O. Box 488 Santa Maria, CA 93456 in amount of $779,809.30 Lockwood General Engineering, Inc. 10533 W. Goshen Ave. Visalia, CA 93291 in amount of $855,211.00 Griffith Company 1898 S. Union Avenue Bakersfield, CA 93387-0157 (City) in amount of $867,000.00 PW/ENGR wgm January 31, 2008, 1:37PM G:\GROUPDAT\ADMINRPT\2008\02-13\V. Lopez Jr. & Sons.doc T4K105 & E4K106 ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: '-I.-t. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY A TIORNEY CITY MANAGER APPROVED A/S ~ January 16, 2008 SUBJECT: Accept bid from South Kern Machinery in the amount of $203,145.50 for two (2) replacement articulating four-wheel drive loaders with 2.0 C.Y. buckets for the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing two (2) replacement articulating four-wheel drive loaders with 2.0 C.Y. buckets to be used by the Public Works Department, Streets Division. Four (4) acceptable bids were received in response to solicitation and are as follows. BIDDER AMOUNT $203,145.50 South Kern Machinery Bakersfield, California Coastline Equipment Bakersfield, California Quinn Company Bakersfield, California Mecom Equipment Stockton, California The loaders have been in service in the Streets Division 13 and 14 years with an operating cost of $14,536.48 and $18,713.84 in 2007. $226,584.93 $229,210.41 $240,025.50 For the past years, both loaders have had differential, brake, and transmission failures. These failures have caused extended down time in excess of 30 days. Staff finds the low bid to be acceptable and recommends award of the bid to South Kern Machinery, Bakersfield, California. Purchasing Division Kb S:\PURCH\ADMIN\Articulated 4WD loader, 2.0 C.Y. bucket. 07-0.8-52.doc ADMINISTRA liVE REPORT MEETING DATE: February 13, 2008 AGENDA ECTION: Consent Calendar ITEM: . U, TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED January 16, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Coastline Equipment in the amount of $214,092.45 for two (2) replacement articulating four-wheel drive loaders with 2.5 C.Y. buckets for the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing two (2) replacement articulating four-wheel drive loaders with 2.5 C.Y. buckets to be used by the Public Works Department, Streets Division. , Four (4) acceptable bids were received in response to solicitation and are as follows. BIDDER AMOUNT $214,092.45 Coastline Equipment Bakersfield, California Quinn Company Bakersfield, California South Kern Machinery Bakersfield, California $247,777.53 $260,202.50 Mecom Equipment Stockton, California The loaders have been in service in the Streets Division 12 years with an operating cost of $40,866.58 and $34,318.06 in 2007. $273,273.00 For the past three years, both loaders have had differential, brake, and transmission failures. These failures have caused extended down time in excess of 30 days. Staff finds the low bid to be acceptable and recommends award of the bid to Coastline Equipment, Bakersfield, California. Purchasing Division Kb S:\PURCH\ADMIN\Articulated 4WD 2.5 C.Y. loader, 07-08-54.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA ~~CTION: Consent Calendar ITEM: ~. V.. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director January 15, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED #~ ~ Rs SUBJECT: Accept bid from South Kern Machinery in the amount of $124,209.50 for one (1) additional and one (1) replacement backhoe loader for the Public Works Department, Streets Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over two hundred (200) suppliers for providing one (1) additional and one (1) replacement backhoe loader to be used by the Public Works Department, Streets Division. Two (2) acceptable bids were received in response to solicitation and are as follows. BIDDER AMOUNT $124,209.50 South Kern Machinery Bakersfield, California Coastline Equipment Bakersfield, California $124,238.40 The backhoe loader has been in service in the Streets Division since June 1995 and, as of today, has 7,786 hours of operation. Its operating cost in 2007 was $16,357.45 This year, the backhoe will require an overhaul of the mechanical and hydraulic systems. The loader will also require an overhaul of its mechanical and hydraulic systems to include pins, bushings, valves, linkage, cylinders, and hoses. These overhauls will require approximately 60 days of down time necessitating the rental of a replacement. The additional backhoe/loader is needed for the increased work load in the Streets Division. Currently, $39,000 has been spent on the rental of a backhoe/loader and another $20,000 has been requested for rental of another. Staff finds the low bid to be acceptable and recommends award of the bid to South Kern Machinery, Bakersfield, California. Purchasing Division Kb S:\PURCH\ADMIN\Backhoe Loader, 07-08-51. January 30, 2008.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: 4 r L~)' TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director January 29, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ es SUBJECT: Acceptance of 2005-06 Transportation Development Act Funds Financial Statements. RECOMMENDATION: Budget and Finance Committee recommends acceptance of audit report. BACKGROUND: The above audit report was referred to the Budget and Finance Committee for review and recommendation. The Committee accepted the audit report at the January 28, 2008 meeting. In compliance with the Kern Council of Governments Rules and Regulations, the California Public Utilities Code section 99245, and the California Code of Regulations section 6664, the attached financial statements for the Transportation Development Act Funds were prepared for the fiscal year ending June 30, 2006. The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public Transit Fund. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter Accountancy Corporation has issued an unqualified opinion. In relation to this audit, the Accounting Firm made one Finding and Recommendation regarding expenditures which is discussed on page 14 of the financial statement. 91 G:\GROUPDAT\ADMINRPT\2007\11-07\Transp Dev Act Funds Financial Stm.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: r TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED /VI 4f January 28, 2008 SUBJECT: Acceptance of Financial Audit Reports RECOMMENDATION: Budget and Finance Committee recommends acceptance of the audit reports. BACKGROUND: The following financial audit reports were submitted to the City Council on January 16, 2008. 1. Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2007. 2. Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30,2007. 3. Independent Auditors Report - Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2007. 4. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2007. 5. Independent Auditors Report - Rabobank Arena, Theater, Convention Center, Bakersfield Ice Sports Center & Brighthouse Networks Amphitheatre for the fiscal year ended June 30, 2007. The Council referred the reports to the Budget and Finance Committee for review. On January 28, 2008 the Budget and Finance Committee reviewed the various audit reports and recommended the acceptance of the reports. S:\Admin\Admin Reports\2007 CAFR to Council.doc January 28. 2008, 2:34PM MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: DATE: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER January 30, 2008 SUBJECT: Appropriate $29,944 State of California Workforce Housing Reward Grant Program funds to the Capital Outlay Fund for use on the Mill Creek Linear Park Project - Phase 1. (W ARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: On February 28, 2007, the City Council approved a resolution to execute a standard agreement or other documents to secure a Workforce Housing Reward Grant from the California Department of Housing and Community Development for the Millcreek Linear Park Project - Phase 1. The Workforce Housing Reward Grant Program (WFH) rewards cities and counties that approve affordable housing. The program was established in 2002 and funded through Proposition 46, the Emergency Shelter Trust Fund Act. The WFH Program does not use a competitive process to award funds; all cities who meet eligibility requirements will be funded. The number of applicants and qualified affordable units determined the final amount of funds available to cities/counties through the program. The WFH program grant funds are restricted for use to only capital asset projects that benefit the community and add to the community's quality of life. The City received grant funds via this program in 2003 for $314,822 (used for The Park at Riverwalk children's playground); in 2004 for $148,458 (used for Chester Avenue Streetscape Phase II), and in 2005 for $598,126 to be used for proposed regional sports park located along Taft Highway. The City received $29,944 in Workforce Housing Reward Grant funds for 2006 and staff is proposing to allocate these grant funds to assist in the development of the City's Millcreek Linear Park Project - Phase 1 . S:\Admins\City Council\City Council Admins 2008\Workforce Housing Grant.doc 1130/2008 10:42 AM ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Consent Calendar ITEM: 4. :z. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 25, 2008 APPROVED DEPARTMENTH~ CITY ATTORNEY ~/ CITY MANAGER I!s SUBJECT: Appropriate $291,494 Transportation Development Act Article 3 Grants to the Public Works Department's Capital Improvement Budget within the Bikeway and Pedestrian Pathway Fund for the Mill Creek Bike Path (Ward 2). RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: A central element of the Mill Creek linear park project includes a bike path along the canal bank. The bike path will be a ten foot wide, paved path along the east side of the Kern Island Canal from 19th Street to 21 at Street. As part of the overall Mill Creek Project, this path creates a bicycle link between housing, transportation, recreation, education, commercial, office and industrial uses. To provide safe crossing of 19th Street and 21st Street, speed ramps, narrowing of the travel way and traffic signals, all within public street right-of-way, will also be constructed. In 2007 staff applied for a grant from the Transportation Development Act Fund, Article 3, Bicycle and Pedestrian Facilities Claim, from Kern COG. The City was successful in obtaining funds in the amount of $263,000 for this bike path. Additional previously granted TDA funds in the amount of $28,494 will also be utilized for building the bike path. This item appropriates both grants and places $291,494 into the Capital Improvement Projects account for construction of the bike path. AR/ls G:\GROUPDA T\ADMINRPT\2008\02-13\MiII Creek TDA Funds.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ January 23, 2008 CITY ATTORNEY M1}"i . CITY MANAGER Rs SUBJECT: General Plan Amendment/Zone Change 07-1715 (Ward 3) Sikand Engineering, representing Rio Bravo Investment Group, the property owner, has applied for a general plan amendment and zone change on approximately 17 acres generally located southwest of Highway 178 and Morning Drive. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from GC (General Commercial) and HMR (High Medium Density Residential) to OC (Office Commercial) on approximately 13 acres, and HMR to GC on approximately 4 acres. 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 103-24 from C-2/PCD (General Commercial/Planned Commercial Development) and R-2 (Limited Multi- family Dwelling Residential) to C-O (Commercial Office) on approximately 13 acres, and R-2 to C-2/PCD on 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 a comprehensive cancer center and associated commercial uses at the southwest comer of Morning Drive and Highway 178. The request would add a 13 acre buffer of office uses (C-O) between an existing 10-acre commercial comer (C-21PUD) and adjacent residential uses. 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 November 28, 2007, in accordance with CEaA. Various studies were conducted as part of the environmental review. This included traffic, air quality, cultural resource, and biota studies. As a result of those studies, associated mitigation measures are proposed as conditions of approval for this item. The Planning Commission conducted a public hearing on this general plan amendment/zone change on December 20, 2007, and recommended approval to the City Council. No individuals or agencies ADMINISTRATIVE REPORT Page 2 present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. RB: - S:\GPA 4th 2007\07-1715\Admin Report 07-1715 1st Readlng.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Hearings ITEM: ~ h- TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ DATE: January 24, 2008 CITY ATTORNEY MY1A CITY MANAGER R.s SUBJECT: General Plan Amendment/Zone Change 07-1791. (Ward 7) Evergreen Devco, Inc., representing Infinity Development Property Management, the property owner, has applied for a general plan amendment and zone change on 2.50 acres located along the south side of Planz Road, west of South H Street. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from HMR (High Medium Density Residential) to GC (General Commercial) on 2.50 acres. 2. First reading of ordinance approving the Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-13) of Title Seventeen of the Bakersfield Municipal Code from R-2 (Limited Multiple Family Dwelling Zone) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development Zone) on 2.50 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 neighborhood commercial uses on the 2.50 acre project site. The proposal includes a preliminary PCD Site Plan, which was approved by the Planning Commission, to establish the architectural style for a Fresh & Easy store. There are several categories of grocery stores; high-end, standard, discount, ethnic and specialty. The proposal represents a smaller standard type, which the Bakersfield-area will see several of this type in 2008. There will be one building totaling 13,969 square feet of gross leasable area and 82 parking spaces. The proposal will include landscaping to buffer the proposal from the existing residential areas west and south of the site. The proposal will also include the integration with the existing Walgreens development to the east. Reciprocal access will be required to the Walgreens store. The Planning Commission conducted a public hearing on this general plan amendment/zone change on December 17th and December 20th where the Commission recommended approval to the City Council. No agencies were present at the hearing 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 November 16, 2007, in accordance with CEaA. MO:dc - S:\GPA 4th 2007\07-1791\Adm SR\Admin Report 07-1791.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 TO: FROM: DATE: SUBJECT: AGENDA SECTION: Hearings ITEM: 5"" C-. Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD~ January 24,2008 CITY ATTORNEY~ CITY MANAGER fs General Plan AmendmentlZone Change 07-1848. (Ward 4 upon annexation) SmithTech/USA, Inc., representing Alfred Palla Jr. & Donald Ralph Palla, the property owner, has applied for a general plan amendment and zone change on approximately 80 acres located at the north side of Brimhall Road, east side of Rudd, and south of Palm Avenue. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from UER (Urban Estate Residential) to SR (Suburban Residential) on 80 acres. 2. First reading of ordinance approving the Negative "Declaration and amending Section 17.06.020 (Zone Map No. 101-27) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-S-5A (Residential Suburban -5 Acre Minimum) to E (Estate One-family Dwelling) on approximately 80 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: Upon annexation into the city, the proposal would allow for the development of 270 single family homes on the 80 acre project site. This general area is transitioning from agricultural to residential land use specifically suburban residential. Most of the surrounding area is developed with residential uses on relatively large lots. This proposal is consistent with existing nearby development; the minimum lot size proposed requires lots at least 10,000 square feet in size. The Planning Commission conducted a public hearing on this general plan amendment/zone change on December 17th and recommended approval to the city council at the December 20th Public Hearing. At the Monday pre-meeting, the planning commission asked for information regarding the footprint of the West Beltway and Brimhall Interchange. Mr. Ted Wright of the Thomas Roads Improvement Program (TRIP) had said that the footprint is not developed yet, but that Parsons, the TRIP consultant, will be working on this next year. Public Works has attached a mitigation condition to require the developer install or fund two lanes of the West Beltway to arterial standards within the project area. This improvement shall occur at no more than 50% build out of the project or within one year of completion of final design of West Beltway, whichever comes first. No one from the audience spoke in opposition to this project at the pUblic hearing 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 November 20, 2007, in accordance with CEaA. BM:dc - S:\GPA 4th 2007\07-1848\Admln Report 07-1848.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA~ECTION: Hearings ITEM: :J. d. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD January 28, 2008 CITY ATTORNEY CITY MANAGER APPROVED )t./ /1J;A R.s SUBJECT: General Plan Amendment/Zone Change 07-1874. (Ward 5 Upon Annexation) Mcintosh & Associates, representing Michael Antongiovanni, Nancy Turnipseed, and Steven Antongiovanni, the property owners, has applied for a general plan amendment and zone change on 39.92 acres located at the northeast corner of McCutchen Road and Old River 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 LR (Low Density Residential) on 39.92 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 from A (Agriculture) to R-1 (One Family Dwelling Zone) on 39.92 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 172 single family residential units on the 40 acre project site. The project site is adjacent to the Old River Ranch development. The new Independence High School, which is under construction and will be open this fall, is across the street. The general area is in transition from agriculture to urban uses. The Planning Commission conducted a public hearing on this general plan amendment/zone change on December 17th and December 20th where the Commission recommended approval to the City Council. No agencies or property owners 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 November 16, 2007, in accordance with CECA. MO:dc - S:\GPA 4th 2007\07-1874\Adm SR\Admln Report 07-1874.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Closed Session ITEM: h, (L 'f' I.e. b. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 8, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED vc;. vCr- SUBJECT: 1. Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Three cases). · Edwin Davenport v. City of Bakersfield, et al Kern County Suoerior Court. Case No. S-1500-CV-259915-LPE · Elizabeth Matthews v. City of Bakersfield, et al Kern Countv Suoerior Court. Case No. S-1500-CV-258659-SPC · Essex Insurance Company v. City of Bakersfield, D.A.R.E., Inc., et al. Kern County Suoerior Court Case No. S-1500-CV-256273-AEW · John M. Tarabino And Joseph A. Tarabino, individuals; and OKS Investments, LLC, a California Limited Liability Company v. The City of Bakersfield Kern Countv Suoerior Court Case No. S-1500-257620-SPC 2. Conference with Legal Counsel - Potential Initiation of Litigation Closed session pursuant to subdivision (c) of Government Code section 54956.9. (One matter). VG:vl S:\COUNCIL\CI Sess\Admins\07-0B\2-13-0BExistLit4Potlnit1.doc ADMINISTRATIVE REPORT MEETING DATE: February 13,2008 AGENDA SECTION: Closed Session ITEM: . TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 5, 2008 DEPARTMENT HEAD CITY AlTORNEY CITY MANAGER APPROVED t/c:- t/b Rs SUBJECT: 1. Conference with Labor Negotiator pursuant to Government Code section 54957.6 2. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9. (One issue) VG:vl S;\COUNC ILICI SesslAdminsl07 -o8\02-13-08LaborNegPolLil.doc ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Presentations ITEM: l\.~. FROM: DATE: Mayor Harvey L. Hall February 1, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER R.s TO: Honorable Mayor and City Council SUBJECT: Presentation by Mayor Hall of Proclamation to On Man Lau, President of American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 17-23, 2008, as "National Engineers Week". RECOMMENDATION: BACKGROUND: ndw February 1, 2008, 9:24AM S:\MA YOR\ADMIN\2008\NA TIONAL ENGINEERS WEEK.dot ADMINISTRATIVE REPORT MEETING DATE: February 13,2008 AGENDA ~~9TION: Hearings ITEM: /~.. Ct i TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ February 5, 2008 CITY ATTORNEY Va- CITY MANAGER /J 1 ft' General Plan Amendment/Zone Change 05-1580 (Ten Section), Appealed (Ward 5) Jim Manley, representing 10 Section LLC, the property owner, has applied for a general plan amendment and zone change on 220-acres located on the south of Panama Lane and east of Nord Avenue. An appeal of the Planning Commission's decision was submitted by Jim Manley, for 10 Section LLC. SUBJECT: 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment 05-1580, known as the 10 Section Project. 2. Resolution approving the appeal and adopting 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. First Reading of ordinance amending Title 17 of the Municipal Code and amending Zoning Map No. 122-28 from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 220-acres. RECOMMENDATION: Staff recommends adoption of resolutions approving the Environmental Impact Report, approving the appeal, and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: The City Council public hearing for this item was initially scheduled for August 29, 2007; but has been continued twice at the direction of council because of issues regarding sensitive habitat and proximity to the Kern Water Bank. This proposal had considerable opposition from both the State Department of Fish & Game (CDFG) and the Kern County Water Bank Authority (KWBA) and was denied by the Planning Commission. There was a meeting on January 25, 2008 with the CDFG, the applicant and staff and with the inclusion of several new conditions of approval the primary environmental issues appear to be resolved. The six conditions are from the November 8, 2007 letter by Jim Manley (with slight modification) and address both CDFG issues and the adjacent KWBA operations. Conditions 2, 3, 4, 5, 6 and 7 require walls, conservation easements, buffer areas, management and monitoring, disclosure notices, and a ADMINISTRATIVE REPORT Page 2 unique condition which calls for the reimbursement of any degradation to habitat credit valuation as the KWBA also operates a habitat bank as well as water spreading facilities adjacent the project. These agencies have submitted these concerns in writing and CDFG has threatened to revoke the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) if their concerns are ignored. Staff has never been comfortable with this claim by Fish and Game. The Metropolitan Bakersfield Habitat Conservation Plan addresses endangered species concerns in a programmatic fashion. That the CDFG wants to apply a different set of rules to the 10 Section Project causes staff concern. Recall that the City of Bakersfield has a signed contact (Habitat Conservation Plan Implementation agreement which remains in effect until 2014) with CDFG which details mitigation for all projects in a uniformed manner. It is inequitable to single this project out without providing the scientific basis for such a course of action as required by our agreement. Nonetheless, the conditions agreed to by the applicant go beyond the provisions of the MBHCP and address CDFG concerns. The project is commonly known as the 10 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 construction a maximum of 788 single-family residential units on the project site, a concurrent general plan amendment and zone change. and land subdivision. The number of homes will now, of course, be reduced by the 18 acre buffer area. The California Environmental Quality Act (CECA) 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, and EIR was prepared. The Planning Commission and staff conducted several hearings on the EIR including a public scopinQ meeting on October 16, 2006, and 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 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 21, 2007. Despite compliance with local ordinances, state law, mitigation measures incorporated into the project and conditions of approval, and construction in accordance with the Uniform Building Codes, aesthetics, light and glare. and traffic and circulation would remain significant. S:\Gauthier\GPAZC 05-1580 (Ten Section) ADMINISTRATIVE REPORT MEETING DATE: February 13, 2008 AGENDA SECTION: Hearings ITEM: /4. h. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD January 24, 2008 CITY ATTORNEY CITY MANAGER APPROVED ~ Mrt4 Rs SUBJECT: General Plan Amendment/Zone Change 06-0494 (Ward 3, upon annexation). Mcintosh and Associates, representing Douglas DeBerti and Sandye Deberti, the property owners, has applied for a general plan amendment and zone change on 60 acres, located on the east side of Edison Road (future), 1/2-mile north of Breckenridge Road. 1. Resolution denying the general plan amendment changing the land use designation from R-MP (Resource - Mineral Petroleum) and OS (Open Space) to LR (Low Density Residential) on 60 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code and amendment to Zoning Map No. 104-28 from A (Agriculture) to R-1 (One Family Dwelling) on 60 acres. RECOMMENDATION: Staff recommends denial of the proposed general plan amendment and zone change. BACKGROUND: The City Council public hearing for this item was initially scheduled for May 9, 2007; but has been continued multiple times at the applicant's request. This proposal had considerable public opposition and was denied by the Planning Commission by unanimous vote. The proposal would allow for the development of 300 single-family residential dwelling units on the 60 acre project site. The Planning Commission conducted a public hearing on this general plan amendment/zone change on April 5, 2007, and unanimously recommended denial to the City Council. Staff made a presentation of the proposed project and recommended approval to the Planning Commission. The project site is currently vacant with moderately rolling hills and is designated as resource mineral petroleum and open space. The subject site is within the Breckenridge Planned Drainage Area which designates drainage facilities through this area. Various properties surrounding the project site are in the process or proposed for urban residential development, most are in connection of the recently approved Riverview project (GPAlZC 06- 0961) located 1/2-mile north of the project site and the proposed Watermark project (GPA/ZC 06-0960) located immediately west of the project site. The Planning Commission denial was based primarily on ADMINISTRATIVE REPORT Page 2 isolation from other urban developments, inaccessibility, lack of infrastructure, and premature development. This would be the first urban designation within all of Section 28. Mr. Sam Crawford and Mrs. Bonnie Crawford, representing "Save Our Animals", Ms. Louise Stevenson, Ms. Pauline Bartlett, and Mr. Jim Lamberson submitted comment letters to the Planning Department dated for February 1, 2007, February 11, 2007, March 29, 2007, and April 5,2007, which are included in the back-up for this item. Ms. Terrie Stoller with Stoller Family Farms addressed the Planning Commission during the hearing and expressed her opposition to the proposal. Ms. Stoller requested the Planning Commission deny GPAlZC 06-0494 on the grounds of proposing premature and incontiguous residential development. She stated that the proposed Watermark project located immediately to the west is long way off from completion and that the proposed 60 acre project site will be isolated from existing development. Ms. Stoller further stated that she would like to encourage the city to wait until there is a tangible plan in hand and the proper infrastructure is in place. Ms. Louise Stevenson expressed her opposition to the proposal. She stated that the proposed project is inconsistent with the existing rural residential, estate residential, and suburban residential land uses located immediately to the west and further south of the project site. Ms. Stevenson further stated that the existing agricultural zoning surrounding the project site allows for the keeping of large farm animals and agricultural uses that may cause a nuisance to future residents. Ms. Stevenson added that there is no infrastructure for roads, utilities, and telephones and that the County of Kern had recently rejected thirteen plans due to the lack of infrastructure. Terry Boner expressed his opposition to the proposal. He stated that this area is full of clay and the roads become very hazardous and slippery. Mr. Jim Lamberson expressed his opposition to the proposal. Mr. Lamberson owns a horse ranch adjacent to the 60 acre project site. He stated his concerns over the lack of infrastructure for roads and the need to mitigate flood planes within the proposed 60 acre project site. Mr. David Dominguez expressed his opposition to the proposal. Mr. Dominguez would like to include additional cultural mitigation measures in this proposed 60 acres project site. Mr. Roger Mcintosh, with Mcintosh and Associates representing Douglas and Sandye DeBerti, addressed the Planning Commission during the public hearing and spoke in favor of the proposal. Mr. Mcintosh stated that there are a number of proposed developments along Highway 178 and that there is a one mile separation between the edge of the urban growth area and the 60 acre project site. Mr. Mcintosh further stated that there are enough buffers surrounding the project site that meet all city requirements for a separation from animals and agricultural uses. Mr. Mcintosh also added that future residents within the project site will be notified of the agricultural uses surrounding the project site. Mr. Mcintosh stated that there are no flood channels and no designated flood zones within the property. Eric Powers, a partner with the De Berti family, addressed the Planning Commission during the publiC hearing and spoke in favor of the proposal. Mr. Powers stated that the DeBerti family owns 100% of the mineral rights and have rehabilitated the 60 acre project site. Mr. Powers further state that he would like to see the proper infrastructure in place and development done correctly. Planning Commission expressed concerns regarding premature development of the 60 acre project site. Commission feels the proposal is isolated from other developments, inaccessible, and lacks infrastructure. Commission commented on the annexation of the project site and that the Sphere of Influence only offers ADMINISTRATIVE REPORT Page 3 up a protection barrier and does not indicate the opportunity to develop prematurely. Commission also expressed concerns over lot size inconsistency based on the adjacent land uses and zoning and would be more enthusiastic about supporting the project if the adjacent land uses were already developed with the opportunity to provide the proper infrastructure. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on March 7, 2007, in accordance with CEQA. MG:mo S:\GPA 4th 2007\06-0494\Staff Reports\Adm Rrt 03-13-08.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 30, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5: 15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Councilmembers Benham, Weir, Couch, Sullivan (seated at 5:20 p.m.) , Scrivner Absent: Councilmember Carson 2. PUBLIC STATEMENTS None. 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation: Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One issue) b. Conference with Labor Negotiator, Bill Avery, pursuant to Government Code Section 54957.6 c. Conference with Legal Counsel - Existing Litigation: Closed session pursuant to subdivision (a) of Government Code Section 54956.9 (Three cases). 1. City vs. City of Shatter (CEQA), et al Kern County Superior Court Case No. S- 1500-CV-260277 -RJO 2. 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 3. City v. Oildale Mutual Water Company Kern County Superior Court Case No. S- 1500-CV-260384- LPE Bakersfield, California, January 30, 2008 - Page 2 Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:18 p.m. ACTION TAKEN APPROVED AB CARSON Motion by Councilmember Couch to adjourn from Closed Session at 6:35 p.m. APPROVED AB CARSON RECONVENED MEETING - approximately 6:48 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Benham, Weir, Couch, Sullivan, Scrivner Absent: Carson 6. INVOCATION by Major David Ebel, Corps Officer & Kern County Coordinator Salvation Army. 7. PLEDGE OF ALLEGIANCE by Zachary Fraze, 2nd grade student at Downtown Elementary. Mayor Hall called for a moment of silence on behalf of Councilmember Carson's recent family tragedy. Mayor Hall acknowledged Boy Scout Troop 139 in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Potential Litigation: Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (One issue) CONTINUED TO 2-13-08 b. Conference with Labor Negotiator, Bill Avery, pursuant to Government Code Section 54957.6 NO REPORTABLE ACTION c. Conference with Legal Counsel- Existing Litigation: Closed session pursuant to subdivision (a) of Government Code Section 54956.9 (Three cases). 1. City vs. City of Shatter (CEQA), et al Kern County Superior Court Case No. S- 1500-CV-260277 -RJO NO REPORTABLE ACTION 2. 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 Bakersfield, California, January 30, 2008 - Page 3 8. CLOSED SESSION ACTION continued Item 8.3.b. continued ACTION TAKEN 3. City v. Oildale Mutual Water Company Kern County Superior Court Case No. S- 1500-CV-260384- LPE NO REPORTABLE ACT/ON 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to United Way, proclaiming January 31, 2008 as "Earned Income Tax Credit Awareness Day". Marian Krable accepted the Proclamation and made comments. b. Presentation by Vice-Mayor Hanson, on behalf of the City Council, to Jacques LaRochelle for nineteen years of service in the City Public Works Department. Public Works Director Rojas and Councilmember Benham made comments and thanked Assistant Public Works Director LaRochelle for his service. 10. PUBLIC STATEMENTS a. Takvor Takvorian, Amy Richardson, Tim Stonelake, Brian Self, on behalf of the Board of Directors of the First Assembly of God, Stockdale Christian School and the Manor (senior and low income housing project), Robert Hartley, David Boyd, Ernest Morse and Stephanie Campbell spoke regarding the Westside Parkway Study. 16. DEFERRED BUSINESS a. Financial Commitment by the City to the Thomas Roads Improvement Program. (TRIP) City Manager Tandy made staff comments. Doug Houston, George K. Baum Company, gave a computer presentation. Motion by Councilmember Benham to approve the staff recommendation. APPROVED AB CARSON Bakersfield, California, January 30, 2008 - Page 4 16. DEFERRED BUSINESS continued ACTION TAKEN b. Project Charter for Centennial Corridor between California Department of Transportation Caltrans), County of Kern, Kern Council of Governments (KCOG), and the City. AGR 08-017 Public Works Director Rojas made staff comments. Motion by Councilmember Benham to approve the Project Charter for the Centennial Corridor. c. Design Consultant Agreement with HNTB Corporation ($11,335,155) for Engineering and Environmental Services for Centennial Corridor. (TRIP) APPROVED AS CARSON AGR 08-18 City Clerk McCarthy announced correspondence and calls were received regarding this item, three in support and sixteen in opposition. Public Works Director Rojas made staff comments and introduced Chris Clark with Parsons who made additional comments. Motion by Councilmember Benham to approve the Agreement. APPROVED AS CARSON NS COUCH Councilmember Couch requested staff investigate the portability of the tax base should displacement result through eminent domain action. Additionally, should the tax base not be portable, City staff to implement the process that would lead to that end. Recess taken from 8:40 p.m. to 8:51 p.m. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 16, 2008, Special and Regular City Council Meetings. Payments: b. Approval of department payments from January 5, 2008 to January 17, 2008 in the amount of $13,809,386.40 and self-insurance payments from January 5, 2008 to January 17, 2008 in the amount of $255,140.79. AS WEIR 12. Bakersfield, California, January 30, 2008 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. First Reading of Ordinance amending Sections 17.04.547; 17.60.020 b.; 17.60.050 c.; 17.60.060 a.3.; 17.60.060 b.1-5, 9; 17.60.070; and 17.60.090 of the Bakersfield Municipal Code relating to signs. FR d. First Reading of Ordinance amending Bakersfield Municipal Code Sections ~ 1.12.010, ~ 1.12.040 and ~ 1.12.050 by adding Annexation No. 505 consisting of 54.34 acres, located west of Cottonwood Road, north of Panama Lane, Annexation No. 523 consisting of 33.01 acres, located on the north side of East Hosking Avenue, between South Union Avenue and Cottonwood Road, Annexation No. 528 consisting of 22.06 acres, located south of Chester Avenue and south of White Lane, generally west of South Union Avenue and Annexation No. 529 consisting of 64.47 acres, located at the southwest corner of South Fairfax Road and Redbank Road to Ward 1, Annexation No. 466 consisting of 83.47 acres, located north of Snow Road, generally west of the Calloway Canal, east of Allen Road, Annexation No. 531 consisting of 60.88 acres, located north of Stockdale Highway, generally west of Renfro Road, Annexation 542 consisting of 0.55 acres, located on the north side of Old Town Road, between Allen Road and Old Farm Road, Annexation 552 consisting of 2.45 acres, located on the north side of Brimhall Road, west of Calloway Drive, Annexation No. 562 consisting of 99.50 acres, located at the northeast corner of Snow Road and Coffee Road, west of the Beardsley Canal and Annexation No. 565 consisting of 91.65 acres, located on Etchart Road, on the east and west side of Coffee Road, west of the Beardsley Canal to Ward 4, and Annexation 530 consisting of 77.56 acres, located at the northwest corner of Gosford Road and Taft Highway to Ward 5. FR 12. Bakersfield, California, January 30, 2008 - Page 6 CONSENT CALENDAR continued ACTION TAKEN ORD 4488 e. Adoption of Ordinance approving the Negative Declaration and amending Title 17 (Zone Map No. 103-31) of the Municipal Code from C-2 (Regional Commercial) and R-2 (Limited Multi-family Dwelling Residential) to R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on approximately 2.34 acres and C-2 to C-2/PCD (Planned Commercial Development) on approximately .25 acres located at 701 Union Avenue (ZC07-2017 -AMCAL Multi Housing) 3 Resolutions: f. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: 1. RES 012-08 Annexation No. 581 consisting of 77.72 acres, located on the west side of Fairfax Road, south of Redbank Road. (Ward 1) 2. Annexation No. 602 consisting of 1.70 acres, located on the north side of Taft Highway, generally west of Gosford Road. RES 013-08 g. Amendment No. 1 to Resolution 63-97 for CalPers pre-tax pick up. RES 63-97(1) h. Resolution adding the following territories to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector: 1. 2. 3. 4. RES 014-08 RES 015-08 RES 016-08 RES 017-08 Area 1-79 (Allen, Kratzmeyer NW) Area 5-37 (Berkshire, Madison S) Area 5-42 (Washington, Feliz SW) Area 5-43 (White, S. Union NE) i. Resolution of Intention No. 1587 adding territory, Area 2-37 (District, Stine NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1588 adding territory, Area 5-44 (E. White Lane, S. Washington NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ROl1587 j. RES 1588 Bakersfield, California, January 30, 2008 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN Agreements: k. 2008 Agreement with HealthComp for IRS Section AGR 08-019 125 unreimbursed medical and dependent care. I. Ground Lease Agreement with Richard Kutzner AGR 08-020 ($40 a month) for purposes of constructing an aircraft storage hangar. m. Consultant Agreements with Mcintosh & Associates AGR 08-021 ($200,000) and Willdan ($200,000) to provide "on- AGR 08-022 call" construction inspection services for Capital Improvement Program. n. Proposed Improvements at the Rabobank Arena: 1. Amendment No. 1 to Agreement No. 07-394 AGR 07-394(1) with Rossetti Associated, Inc. ($7,000; total not to exceed $47,000) to develop options not included in the original scope of work for a feasibility study. 2. Appropriate and transfer $7,000 Transient Occupancy Tax Fund balance to the Capital Improvement Budget within the Capital Outlay Fund to conduct a feasibility study for proposed improvements. o. Agreement with Three-Way Chevrolet to lease a AGR 08-023 2008 Chevrolet pickup truck for the Police Department's "A Life Interrupted" Program. p. Amendment NO.2 to Agreement 02-061 with CC AGR 02-061(2) Plaza, LLC to extend lease agreement at 900 Truxtun Avenue for three years plus options to extend for two additional years. q. Contract Change Order No. 2 to Agreement 07-143 AGR 07-143CC02 with MGE Underground, Inc. ($56,316.80 for a revised not to exceed amount of $1,043,714.80) for Traffic Signal Interconnect Part 4 on Auburn St. between Eissler S1. and Columbus S1. between Chester Avenue and Oswell S1. r. Contract Change Order No. 1 to Agreement 06- AGR 06-136CC01 136( 1) with Floyd Johnston Construction ($71,653.52 for a revised not to exceed amount of $10,071,653.52) for the McCutchen/Gosford Sewer Lift Station. Bakersfield, California, January 30, 2008 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN s. Contract Change Order NO.6 to Agreement No. 07- 028 with Wallace and Smith Contractors ($41,995.46 for a revised not to exceed amount of $3,411,847.62) for Fire Station NO.5 and Police Satellite Office Project. AGR 07-028CC06 t. Saunders Park Recreation Facility: 1. Contract Change Order NO.2 to Agreement AGR 07-306CC02 No. 07-306 with Klassen Corporation ($29,963.95 for a revised not to exceed amount of $757,810.41) for a recreation facility. 2. Transfer $33,490 (both Change Order Nos. 1 & 2) from Public Works Capital Improvement Project (Fleet Services Building Remodel) to the Capital Improvement Budget within the Capital Outlay Fund. u. Installation of landscaped median on Stockdale Highway east of Renfro Road and Chapala Drive: 1. Reimbursement agreement with Castle & AGR 08-024 Cooke California, Inc. ($157,000) for construction of landscaped median on Stockdale Highway east of Renfro Road to Chapala Drive. 2. Transfer $133,475 from Public Works Capital Improvement Project (Miscellaneous Right of Way Acquisitions) to the Capital Improvement Budget within the Transportation Development Fund. 3. Transfer $23,525 from Public Works Capital Improvement Project (Miscellaneous Median Islands) to the Capital Improvement Budget within the Gas Tax Fund. v. East Hills Mall Project: 1. Amendment No. 1 to Agreement 06-227 with AGR 06-227(1) Gardens at East Hills Mall, LLC for purchase of property for commercial project and re-construction of sump. Bakersfield, California, January 30, 2008 - Page 9 12. CONSENT CALENDAR continued Item 12.v. continued ACTION TAKEN 2. Agreement with Gardens at East Hills Mall, LLC and M.S. Walker & Associates, Inc. for construction of parking facilities. AGR 08-025 3. Agreement with Gardens at East Hills Mall, LLC ($196,000) for purchase of easement. AGR 08-026 Bids: w. Accept bid to award contract to Griffith Company ($410,310.00) for Street Improvements on Stockdale Highway (Wetherley to Oak Street). AGR 08-027 x. Accept bid to award contract to Shaff's Construction, LLC, dba Golden Construction and Excavation ($115,179.00) for Beach Park irrigation refurbishing project. AGR 08-028 y. Accept proposal and award contract to Evolution Markets ($412,734.08) to purchase the required Nitrogen Oxide offsets for the City's Wastewater Treatment Plant #3 2007 Expansion Project. AGR 08-029 z. Accept bid from McCain, Incorporated ($399,445.73) for traffic signal poles and equipment for new traffic signal installations. aa. Bid for lightbars, sirens and related equipment: 1. Rescind bid award to Wattco Equipment Incorporated ($35,156.66) 2. Award bids to next lower bidders, 911 Vehicle ($43,404.08) and Adamson Police Products ($627.25). (Total of bids $44,031.33) Miscellaneous: bb. Revision to Miscellaneous Civil Service Rules & Regulations: Rule 5.02 Competitive Examinations cc. Quitclaim of cross easements to Newport Hospitality Group, successor in interest to John Q. Hammonds Hotel Two at 801 Truxtun Avenue. DEED 6816 Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Bakersfield, California, January 30, 2008 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN Motion by Councilmember Hanson to approve Consent Calendar items 12.a. through 12.cc. APPROVED AS CARSON 13. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering the vacation of the 5 foot wide Pedestrian Walkway at Stolle Court and North Half Moon Drive. RES 018-08 b. Public Hearing to consider Resolution ordering the RES 019-08 vacation of the 10 foot wide Public Utility Easement in Tract No. 6295 Phase 1 and 2 located north of the intersection of River Ranch Drive and White Rock Drive. c. Zone Change No. 06-1149/Planned Development CONTINUED TO Review 07-1558(Mustang Square); Todd Smith, 3-12-08 Cannon & Associates representing the property owner for Mustang Square, LLC, applied for a zone change and planned development review of an 89,536 square foot shopping center on approximately 10.98 acres at the southeast corner of White Lane and Buena Vista Road. Blain Franzen has also filed an appeal of the Planning Commission decision. 1. First Reading of Ordinance adopting Negative Declaration and amending Section 17.06.020 (Zone Map 123-18) of Title 17 of the Bakersfield Municipal Code from C-1 (Neighborhood Commercial) to C-2/PCD (Regional Commercial/Planned Commercial Development Overlay) on approximately 10.98 acres and denying the appeal to the zone change. 2. Resolution denying the appeal and upholding the Planning Commission's approval of a planned development review (PD07-1558) for a 89,536 square foot shopping center at 3500 Buena Vista Road in a C-2/PCD Zone. d. Protest Hearing for proposed Assessment District No. 07-2 (Sydney Harbour): 1. Resolution approving the Final Engineer's RES 020-08 Report, levying assessments, ordering improvements, and authorizing and directing related actions. Bakersfield, California, January 30, 2008 - Page 11 13. CONSENT CALENDAR HEARINGS continued ACTION TAKEN City Clerk McCarthy announced a correction to item 13.d., amending the ward location from Ward 3 to Ward 1. Additionally, correspondence was received from Betty Taylor regarding item 13.c. zone change. Hearings opened at 8:54 p.m. No one spoke. Hearings closed at 8:54 p.m. Motion by Vice-Mayor Hanson to adopt items 13.a., 13.b. and 13.d., with continuation of item 13.c. to March 12, 2004. APPROVED AS CARSON 14. HEARINGS a. Public Hearing to consider Resolution adopting the Vineland Road/State Route 178 Interchange Specific Plan Line. RES 021-08 Public Works Director Rojas made staff comments. Hearing opened at 8:58 p.m. No one spoke. Hearing closed at 8:58 p.m. Motion by Councilmember Weir to adopt the Resolution. APPROVED AS CARSON b. Zone Change No. 07-1077; Jim Marino, Marino & Associates, has applied for a zone change on approximately 27 acres located generally south of Hageman Road, west of Piedmont Avenue and east of the Burlington Northern Santa Fe (BNSF) railroad. Jim Marino has also filed an appeal of the Planning Commission decision. 1. First reading of Ordinance approving the Negative Declaration, denying the appeal and approving the Zone Change from A (Agriculture Zone) to M-1 (Light Manufacturing Zone) on approximately 10 acres, and A to E (Estate Dwelling Zone) on approximately 17 acres. FR Bakersfield, California, January 30, 2008 - Page 12 14. HEARINGS continued Item 14.b. continued ACTION TAKEN Development Services Director Grady made staff comments. Hearing opened at 9:00 p.m. Jim Marino, Marino & Associates, on behalf of the property owner, spoke in opposition to the staff recommendation. Hearing closed at 9:10 p.m. Motion by Councilmember Couch to adopt the Negative Declaration, including alternate condition number 13: IIAt the time of development of the industrial parcel, the developer shall construct pavement, curb and gutter on both sides of Hageman Road from the northwest corner of the property and west side of Tract 5594 to Allen Road. Improvements would generally be along the south side of Assessor's Parcel 527-020-10 (approximately 640 feet), the north side of Assessor's Parcel 527-020-11 and within the existing right of way." Additionally, Mr. Marino agreed not to submit a site plan for six months or until the specific Plan Line is adopted, which ever is shorter. APPROVED AS CARSON 15. REPORTS a. Community Services Committee Report regarding Recreation and Parks Master Plan. Recreation and Parks Director Dianne Hoover provided an overview and gave a computer presentation. Motion by Councilmember Sullivan to accept the Report and adopt the Plan. APPROVED AS CARSON b. Update on Capital Improvement Program Budget. Public Works Director Rojas made comments and introduced Civil Engineer IV Ramming who provided a computer overview. 17. NEW BUSINESS None. Bakersfield, California, January 30, 2008 - Page 13 18. MAYOR AND COUNCIL STATEMENTS ACTION TAKEN Councilmember Benham requested staff repair a downed street light at the northwest corner of Thelma and La Mesa. Councilmember Benham requested staff respond to an inquiry regarding a refund on a recycling fee overpayment and provided contact information. Councilmember Benham provided senior citizen rebate applications and requested staff process the requests. Councilmember Benham supplied a letter from a constituent regarding unsolicited business cards being dropped at residences and requested the City Attorney respond. Additionally should the City Attorney deem it prudent, the matter should be reviewed by the Legislation and Litigation Committee. Councilmember Benham congratulated Chief Rector and the Police Department on the completion of the Department of Justice investigation. Councilmember Couch provided referrals to staff for response. Councilmember Couch requested staff analyze the need for a four-way stop or traffic signal at Olive and Alderbrook. Councilmember Couch requested an update regarding the URS Griner and Hwy. 99 situation. Vice-Mayor Hanson requested staff respond to correspondence from the Kern Taxpayers Association. Vice-Mayor Hanson made comments regarding City employees being featured in the Bakersfield Magazine. Vice-Mayor Hanson requested information regarding Quiet Zones. Public Works Director responded. Councilmember Scrivner requested information regarding Thomas Roads Projects on the City website and additionally requested new information be added along with an FAQ. Councilmember Scrivner requested a copy of the Powerpoint presentation on the Capital Improvement Budget be emailed to him. Bakersfield, California, January 30, 2008 - Page 14 18. MAYOR AND COUNCIL STATEMENTS continued Council member Scrivner congratulated Chief Rector and City Manager Tandy on the conclusion of the Department of Justice investigation. Councilmember Sullivan echoed congratulations to Chief Rector regarding the Department of Justice investigation. Councilmember Sullivan requested a copy of the Capital Improvement Plan. Councilmember Sullivan requested Council meetings and Joint City/County meetings have recesses and Closed Session periods edited out of re-broadcasts. Mayor Hall made comments regarding items related to East Hills Mall. Mayor Hall made comments regarding the State of the County. Mayor Hall complimented Chief Rector and the Police Department on the Department of Justice report. 19 . ADJOURNMENT Mayor Hall adjourned the meeting at 9:51 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S:ICouncillMINUTESl2008lJanuary 30.doc ACTION TAKEN