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BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF FEBRUARY 27, 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 (Regarding Workshop & Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
(15 min)
a.
Update of the Transportation Impact Fee Program (Staff presentation by Raul Rojas, Public
Works Director)
4. CLOSED SESSION
a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
b. Conference with Legal Counsel - Potential Litigation: Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code Section 54956.9 (One issue)
c. Conference with Legal Counsel- Potential Initiation of Litigation: Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9 (One Matter)
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by The Reverend Curtis Jenkins, Tri-Stone Baptist Church
7. PLEDGE OF ALLEGIANCE by Brianna Klopfenstein, 6th grade student, Norris Middle School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 4,2008 Special Joint City/County Meeting and
February 13,2008 Regular City Council Meeting.
Payments:
b. Approval of department payments from February 1 , 2008 to February 15, 2008 in
the amount of $12,492,716.02 and self-insurance payments from February 1 , 2008 to
February 15, 2008 in the amount of $161,003.49
Ordinances:
(Ward 7)
c.
First Reading of Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-13) of Title Seventeen of the Municipal Code by changing the
zoning from an R-S (Residential Suburban) to R-1 (One-Family Dwelling) on 0.79 acres
located at the northwest corner of McCall Avenue and Mesa Grande Street. (ZC 07-1737-
Nelms Surveying representing the Deardeuff Family Trust).
(Ward 4)
12. CONSENT CALENDAR continued
d.
First Reading of Ordinance amending Section 17.06.020 (Zone Map No. 102-07 and 102-18)
of Title Seventeen of the Municipal Code by changing the zoning from C-1 (Neighborhood
Commercial) to C-2/PCD (Regional Commercial/Planned Commercial Development) zone
23.93 acres for purposes of commercial development located at the southwest corner of
Olive and Calloway Drives (ZC 07-1651 - Mcintosh & Associates representing Calloway
Associates, GP)
(Ward 4)*
(Ward 5)
(Ward 4)
(Ward 4)
(Ward 1)
e.
First Reading of Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 102-06) of Title Seventeen of the Municipal Code by changing the
zoning from an A (Agriculture) zone to a C-2/PCD (Regional Commercial/Planned
Commercial Development) zone on 15.1 acres; to an R-2 (Limited Multiple Dwelling Family)
Zone on 7.7 acres; to an E (Estate) zone on 7.8 acres; and to and E (Estate) zone on 40.3
acres to allow for future commercial and residential development located on the south side of
Seventh Standard Road, on the east and west side of Verdugo Lane (ZC 07-1893 - Marino
& Associates representing Julie Randolph, et. al.)
Resolutions:
f. Resolution approving the submittal of an application to the California Integrated Waste
Management Board (CIWMB) for all CIWMB Grants for a period of five years, 2008 - 2013.
g. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County Tax
Collector.
h. Purchase of Econolite Autoscope Traffic Signal Video Detection Systems
1. Resolution determining that the traffic signal video detection systems cannot be
obtained through the usual bidding procedures and authorizing the Finance Director
to dispense with bidding therefore, not to exceed $300,000.
2. Approve the purchase of thirty (30) econolite autoscopes from Econolite Control
Products, Inc. in the amount of $300,000.
i.
Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 496 consisting of 49.50 acres, located
generally south of McCutchen Road, on the west side of Gosford Road.
Resolution of Intention No. 1591 adding territory, Area 1-83 (Coffee, Snow NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1592 adding territory, Area 1-84 (Etchart, Quail Creek NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
j.
k.
I.
Resolution of Intention No. 1593 adding territory, Area 4-83 (E. Brundage, Mt. Vernon SE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
2
City Council Meeting of 2/27/2008
(Ward 1)
(Ward 7)
(Ward 2)
(Ward 7)
12. CONSENT CALENDAR continued
Agreements:
m.
Transportation Impact Fee Agreement with Stuart Thomas Inc., dba Lenox Homes
(estimated impact fee credit is $963,194) for construction of a canal bridge on Madison
Street over the Arvin-Edison canal.
Amendment NO.1 to Construction Management Agreement 07-194 with Lim & Nascimento
Engineering Corporation ($82,697, total not to exceed $302,000) for the project known as
White Lane at State Route 99 Eastbound to Southbound On-ramp Reconstruction.
o. Amendment No.4 to Agreement No. 00-95 (annual maximum of $52,000 including
expenses) with William Avery & Associates, Inc. for negotiation and consultant services in
employer-employee relations.
n.
p.
Chester Avenue Streetscape
1. Contract Change Order NO.2 to Agreement 06-067 with Griffith Company ($10,920
increase for a revised not to exceed amount of $1,965,942.55) from 24th Street to
Garces Circle.
2. Appropriate $12,000 of Gas Tax Fund balance to the Public Works Department's
Capital Improvement Budget within the Gas Tax Fund.
q.
Amendment to agreement and appropriation of funds to prepare Environmental Impact
Report for General Plan Amendment/Zone Change No. 06-1052 (Panama/Ashe)
1. Amendment NO.1 to Agreement No. 07-190 with Jones & Stokes Associates, Inc.
($154,988.00) for preparation of an Environmental Impact Report.
2. Appropriate $15,188.00 developer's contribution to the Development Services
Operating Budget in the General Fund for the EIR consultant.
r.
Amendment NO.2 to Agreement 06-159 with Gilliam and Sons, Inc. (adding $1,000,000
additional funds for a revised not to exceed $3,000,000) for earthmoving and hauling.
Amendment NO.1 to Agreement 07-184 with outside counsel, Griswold, LaSalle, Cobb,
Dowd & Gin, LLP,. (amount not to exceed $150,000) for legal services to handle
right-of-way/eminent domain cases for the Westside Parkway.
(Wards 2, 4 & 5) S.
(Ward 2)
(Ward 2)
(Ward 2)
t.
Amendment NO.1 to Agreement 07-373 with HNTB Corporation ($1,999,843.00) for
engineering and environmental services for the South Centennial Corridor - Cross Town
Freeway - State Route 178 Connector. (TRIP)
Contract Change Order NO.2 to Agreement 07-167 with Performance Electric ($36,186.06
increase for a revised not to exceed amount of $1,226,438.66) for the Mt. Vernon Recycling
Center Power Conversion project.
u.
Bids:
v.
Accept bid from Kern Electric Distributors ($280,032.97) for decorative lights and ballards for
the Mill Creek Linear Park project.
3
City Council Meeting of 2/27/2008
12. CONSENT CALENDAR continued
(Wards 1 & 2) X.
w. Extend bid for seven (7) replacement police special sedans
1. Extend bid from Jim Burke ($163,466.49) for seven (7) replacement police special
sedans.
2. Transfer and appropriate $50,712 Self Insurance Fund balance to the Equipment
Management Fund Operating Budget
3. Appropriate $112,755 Fund Balance to the Equipment Management Fund Operating
Budget.
Miscellaneous:
Appropriate $10,000,000 California Infrastructure Bank Loan proceeds to the Capital
Improvement Budget within the Old Town Kern Infrastructure Bank Fund for the Construction
of Millcreek Linear Park.
Staff recommends adoption of Consent Calendar items a through x.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
(Ward 5)
(Ward 4)
a.
Public Hearing to consider the Panama - Buena Vista Bridge and Major Thoroughfare Area.
1 . Resolution approving the Panama-Buena Vista Bridge and Major Thoroughfare Area
and making findings thereto.
2. Adoption of Ordinance amending Section F of Section 16.32.060 of the Municipal
Code relating to the Panama-Buena Vista Bridge and Major Thoroughfare Area
Staff recommends approval of resolution and adoption of ordinance.
b.
Public Hearing to consider Resolution upholding the Board of Zoning Adjustment's (BZA)
decision approving Conditional Use Permit No. 07-2183 to operate a 5,485 square foot retail
jewelry store in a C-O/P.C.D. (Professional and Administrative Office/Planned Commercial
Development) zone district located at 9700 Brimhall road. David Gay has appealed the
BZA's decision. (Applicant/Owner: Carl M. Saenger, represented by David Y. Milazzo
AlA/David R. Wilson)
1. Resolution denying the appeal and upholding Conditional Use Permit No. 07-2183.
Staff recommends adoption of the resolution.
15. REPORTS
4
City Council Meeting of 2/27/2008
16. DEFERRED BUSINESS
(Ward 5)
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 (EI R) 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.
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
G(~ cxJ~
~
Alan Tandy
City Manager
2/21/089:20 am
5
City Council Meeting of 2/27/2008
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AGENDA HIGHLIGHTS
FEBRUARY 27,2008 COUNCIL MEETING
REGULAR MEETING - 5:15 D.m.
WORKSHOP
The Public Works Director will give an update of the Transportation Impact Fee Program.
CLOSED SESSION
There will be a conference with the labor negotiator and a conference with legal counsel regarding
two cases of potential litigation.
CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m.
CONSENT CALENDAR
Ordinances
Item 12c. First Readino of an Ordinance Accrovino a Neoative Declaration and Amendino the
Municical Code bv Chanoino the Zonino from R-S (Residential Suburban) to R-1 (Sinole-Familv
Dwellino) on 0.79 Acres Located at the Northwest Corner of McCall Avenue and Mesa Grande
Street. Nelms Surveying, representing The Deardeuff Family Trust, proposes to bring the zoning
into conformance with the existing single-family residential use and the Low Density Residential
General Plan Land Use designation on the property. The site is currently developed with four
single-family homes. On January 3, 2008, the Planning Commission reCommended adoption by
the City Council. No one spoke in opposition to the project at the hearing.
Item 12d. First Readino of an Ordinance Amendino the Municical Code bv Chanoino the
Zonino from C-1 (Neiohborhood Commercial) to C- 2 !PCD (Reoional Commercial! (Planned
Commercial Develocmentl on 23.93 Acres Located at the Southwest Comer of Olive and
Callowav Drives. Mcintosh and Associates, representing Calloway Associates, GP, proposes a
mixed-use commercial development. On January 3, 2008, the Planning Commission
recommended adoption by the City Council on a 6-1 vote.
On February 7, 2008, the Planning Commission approved the Preliminary Development Plan
that consisted of mixed retail uses, a bank with drive-through teller window and A TM, and five
restaurants. Where parking is proposed adjacent to Calloway Drive and Olive Drive, bermed
landscaped areas with retaining walls along the parking area are proposed to partially screen
parked vehicles. The existing block wall along the west property line will remain. Sound
attenuation walls shall be required to address noise from loading dock areas.
\
Item 12e. First Readina of an Ordinance Aoorovina a Neaative Declaration and Amendina the
Municioal Code bv Chanaina the Zonina on the South Side of 7th Standard Road. and the East
and West Sides of Verduao Lane from A (Aariculture) to C-2/PCD {Reaional Commercial/Planned
Commercial Develoomentl on 15.1 Acres: to R-2 (Limited Multiole Dwellina Familv) Zone on 7.7
Acres: and to E (Estate) on 7.8 Acres and on 40.3 Acres (two seoarate oarcels divided bv Verduao
Lane). Marino & Associates, representing Julie Randolph, et aI., proposes a commercial and
residential development. On January 3, 2008, the Planning Commission unanimously
recommended adoption by the City Council. The action will bring the zoning into conformance with
the Metropolitan Bakersfield General Plan Land Use designations. The site is currently
undeveloped, except for existing oil wells, and is currently in the process of annexation. No one
spoke in opposition to the project at the hearing.
Resolutions
Item 12h. Resolution Authorizina the Finance Director to Disoense with the Biddina Process and
Purchase Econolite Autoscooe Traffic Sianal Video Detection Systems in an amount not to exceed
$300.000. Econolite Autoscope Model 2004 Video Detection Systems are installed at 30
intersections and work in conjunction with Econolite traffic controllers in monitoring and controlling
traffic flow. Econolite discontinued the Autoscope Model 2004 processing unit and no longer
supports the software. Staff proposes to replace all existing Model 2004 units with the latest
model, Autoscope Rack Vision Terra. This new unit has more processing units and updated
software, which will allow a faster response to traffic and better traffic flow. Replacement of the
existing video detection systems will enable the use of existing Econolite compatible cameras and
cabling. Funds are included in the FY 2007-08 budget.
Aareements
Item 12m. Transoortation Imoact Fee Aareement with Stuart Thomas Inc. dba Lenox Homes for
Construction of a Canal Bridae on Madison Street over the Arvin-Edison Canal (estimated imoact
fee credit is $963.194), Lenox Homes is developing a tract east of South Union Avenue and north
of future Berkshire Road. As a condition of approval, Lenox Homes is required to construct a canal
bridge on Madison Street over the Arvin-Edison canal. Lenox Homes requested that the
Transportation Impact Fee credit available from this improvement be applied to impact fees due on
the tract. The available credit is estimated at $963,194 or the actual amount of the design and
construction cost of the improvement, whichever is less.
Item 12r. Amendment No. 2 to Aareement No. 06-159 with Gilliam and Sons. Inc. for
Earthmovina and Haulina in the amount of $1.000.000. for a revised not to exceed amount of
$3.000.000. The annual contract for moving and hauling was approved on June 7, 2006. The first
amendment added $1,000,000 and extended the agreement for one year. Due to extensive
earthmoving and hauling related to the Mill Creek and AERA Baseball park projects, it is necessary
to add additional funds to the agreement. This action will also allow for continued earthmoving
work for the remainder of the contract period, which expires June, 2008. The contract will be re-
opened for competitive bidding prior to the expiration date.
Item 12t Amendment NO.1 to Aareement No 07-373 with HNTB Corooration for Enaineerina and
Environmental Services for the Cross Town Freewav (Hwv 178 Connector) Reducina the Contract
Amount bv $1.999.843. Agreement 07-373 with HNTB Corporation in the amount of $9,249,949
was approved by Council on October 24, 2007. This agreement was for engineering and
environmental evaluation services for a downtown freeway alignment generally parallel to the
Burlington Northern and Santa Fe Railroad corridor. Council approved another agreement with
HNTB on January 30, 2008 in the amount of $11,335,155 for these same services for a connection
between State Route (SR) 58 and the Westside Parkway. One of the alignments to be studied in
Agreement 08-018 will be for a route extending east-west across the downtown area, similar to
February 27, 2008 Agenda Highlights
Page 2
what was to be looked at with former Agreement 07-373. Thus, the scope of work under both
agreements would result in redundant work.
There is a need to identify a specific plan line to allow preservation of right-of-way for a downtown
alignment now. Therefore, staff proposes to amend and reduce the original contract to limit the
work to only developing a specific plan line for a downtown alignment.
Bids
Item 12v. Award Contract to Kern Electric Distributors for Decorative Liahts and Bollards to the
Mill Creek Linear Park Proiect in the amount of $280.032.97. Out of the 57 invitations to bid, 4
acceptable bids were received. Staff recommends awarding the contract to Kern Electric
Distributors. I
Miscellaneous
Item 12x. Aoorooriate $10.000.000 California infrastructure Bank Loan Proceeds to the Caoital
Imorovement Budcet within the Old Town Kern Infrastructure Bank Fund for the Construction of
Mill Creek Linear Park. On October 24, 2007, Council authorized the Redevelopment Agency to
assist the City in financing improvements to the project, and to execute and enter into a loan
agreement by pledging tax increment from the Old Town Kern project area to repay the loan. The
agreement was executed in the aggregate principal amount of $10 million to be repaid over 30
years.
HEARINGS
Item 148. Public Hearinc to Consider a Resolution Adootinc the Panama - Buena Vista Bridce
and Maior Thorouchfare Area. Centex is constructing a subdivision north of the intersection of
Panama Lane and Buena Vista Road. At staff's request, they agreed to include improvements to
the intersection in their scope of work, provided they could be reimbursed in the future. Staff
recommends approval of the resolution adopting the Panama-Buena Vista Bridge and Major
Thoroughfare Area. Staff also recommends giving first reading to an ordinance that adds the
Thoroughfare Area to the list of areas for which subdividers and developers are charged at the
time of development or map recordation to pay the cost of C9nstructing planned facilities.
Item 14b.. Public Hearinc to Consider an AODeal to the Board of Zoninc Adiustment's Decision to
Aoorove a Conditional Use Permit to Ooerate a Retail Jewelry Store in a C-O/P.C.D. (Professional
and Administrative Office/Planned Commercial DeveloomenU District Located at 9700 Brimhall
Road. The applicant, Carl M. Saenger, represented by David Y. Milazzo AlA/David R. Wilson,
requested approval of a Conditional Use Permit to permit a retail jeweler in a Commercial Office
Zone at the northwest comer of Brimhall Road and Calloway Drive. Staff recommended denial.
However, after the first public hearing, the Board of Zoning Adjustment (BZA) recommended
approval and staff prepared conditions of approval for the hearing on January 17 , 2008.
David Gay, owner of the retail center at the northeast comer of Brimhall. Road and Calloway Drive
has appealed the decision of the BZA. He states that there are three existing commercially zoned
comers at the intersection and believes that once one retail use is permitted within the center, the
precedent for retail uses will be set. Further, Mr. Gay offered the applicant a generous lease for a
pad in their center that can accommodate the jewelry store. He also stated that at the southeast
corner there are buildings for sale where the zoning Is appropriate for a jewelry store.
February 27,2008 Agenda Highlights
Page 3
Prior to the BZA public hearing, a nearby resident submitted a letter in opposition citing negative
impacts to her neighborhood associated with the office development on the site, and feels that
adding a retail use into the center would result in further problems for her neighborhood. She did
not provide testimony during the pUblic hearing itself.
The BZA continued the item and directed staff to work with the applicant to formulate
recommended conditions of approval. On January 17, 2008, the BZA unanimously approved the
proposed Conditional Use Permit based upon their finding that the proposal is desirable to the
public convenience. It provides a suitable location for a highly respectable small business which
has been in existence in Bakersfield since 1898, and the proposal is consistent with the goals,
objectives and policies of the Metropolitan Bakersfield General Plan since the site's OC (Office
Commercial) land use designation is intended to accommodate business and professional office
uses as well as specialty retail uses.
Staff recommends denying the appeal.
DEFERRED BUSINESS
Item 168. 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 dEmial 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 oppose
the GPAlZC. A meeting was held with all parties during which new conditions were discussed to
address the environmental concerns, and which appear to have resolved the outstanding issues.
The pUblic hearing for this item was held on February 13, 2007. Comments were made by the
Sierra Club and submitted in writing. The public hearing was closed and the matter was continued
to this meeting to allow staff time to respond to those comments.
Staff recommends approving and certifying the EIR, upholding the appeal and approving the
General Plan Amendment. Staff also recommends giving first reading to an ordinance amending
the Municipal Code and Zoning Map from A (Agriculture) to R-1 (Single-Family Dwelling).
Approved:
Rhonda Smiley, Assistant to the City Manager
R$.
00: Department Heads
City Manager's File
City Clerk's Office
News Media File
February 27, 2008 Agenda Highlights
Page 4
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Workshop
ITEM: 3. a.,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY 'Il-.
CITY MANAGER Rs
February 14, 2008
SUBJECT: Update of the Transportation Impact Fee Program
Staff will provide a brief report on the process to update the Transportation Impact Fee.
mps
February 14, 2008, 8:31AM
G:\GROUPDA T\ADMINRPT\2008\02-27\TIF Workshop.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27, 2008
AGENDA SECTION: Closed Session
ITEM: J..i a. ~ b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 14, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/I
tI~
es
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)
GG:dll
S:ICOUNCILICL SESSIADMINSI07-08112-12-07LABORNEGPOTLlT.DOC
ADMINISTRATIVE REPORT
MEETING DATE: February 27, 2008
AGENDA, ~ECTION: Closed Session
ITEM: '-f. C,
TO:
FROM:
DATE:
Honorable Mayor and City Council
February 21, 2008
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
lie;
I/r:-
Virginia Gennaro, City Attorney
CITY MANAGER fs
SUBJECT: 1.
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:ICQUNCILICI SessIAdminsI07-0812-27-08Potlnit1.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: f,..). rr
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City CleU-
February 15, 2008
APPROVED
DEPARTMENTHEA~~C b~ I~
CITY ATTORNEY
CITY MANAGER R.s
SUBJECT: Approval of minutes of the February 4, 2008 Special Joint City/County Meeting and
February 13, 2008 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: f,;;). b..
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD /'\/-5
CITY ATTORNEY fJ:tL..
f/
CITY MANAGER R.s
Nelson K. Smith, Finance Director
February 15, 2008
SUBJECT: Approval of department payments from February 01, 2008 to February 15, 2008 in the
amount of $12,492,716.02 and Self Insurance payments from February 01, 2008 to
February 15, 2008 in the amount of $161,003.49.
RECOMMENDATION:
Staff recommends approval of payments totaling $12,653,719.51.
BACKGROUND:
RAR
February 15, 2008, 9:57AM
s: \Richard\AP\ADMI N-AP. doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGEND~ SECTION: Consent Calendar
ITEM: Jd.. c
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD Jiit
February 12,2008 CITY ATTORNEY
.
CITY MANAGER R5
SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-13) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from an R-S (Residential Suburban) to R-1 (One-Family Dwelling) on
0.79 acres located at the northwest comer of McCall Avenue and Mesa Grande Street. (ZC
# 07 -1737 - Nelms Surveying representing The Deardeuff Family Trust) (Ward 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On January 3, 2008, the Planning Commission held an advertised public hearing on this zone change
request. and recommended adoption by the City Council. The zone change request consists of
changing the zoning from an R-S (Residential Suburban) to R-1 (One-Family Dwelling) on 0.79 acres
located at the northwest corner of McCall Avenue and Mesa Grande Street. The reason for the request
is to bring the zoning into conformance with the existing single family residential use on the property
and the Low Density Residential General Plan Land Use designation on the subject property. The site
is currently developed with 4 single family homes.
No one spoke in opposition to the project at the Planning Commission hearing.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
Staff recommends first reading of the zone change.
February 12, 2008, 3:07PM
jeng! S:\Dana\ADMINS\2008\Feb\2-27-1737 1.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008.
AGENDA SECTION: Consent Calendar
ITEM: l:i,. ci .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~.--
CITY ATTORNEY /d;;:<r
February 15, 2008
CITY MANAGER /2s
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map No. 102-07 and 102-
18) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from C-1
(Neighborhood Commercial) to C- 2 /PCD (Regional Commercial' (Planned Commercial
Development) zone on 23.93 acres for purposes of commercial development located at the
southwest corner of Olive and Calloway Drives (ZC # 07 -1651 - Mcintosh & Associates
representing Calloway Associates, GP) (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On January 3, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and recommended adoption by the City Council on a 6-1 vote. The zone change request
consists of changing the zoning from C-1 (Neighborhood Commercial to C- 2 /PCD (Regional
Commercial , (Planned Commercial Development) zone on 23.93 acres for purposes of commercial
development. The proposed development plan consists of a mixed use commercial shopping center.
The project site is designated General Commercial on the General Plan Land Use Map. The site is
currently undeveloped.
Commissioner Tragish voted no because he thought it would be best to see the Preliminary
Development Plan for the shopping center. This way he would be able to judge the compatibility of the
site plan and surrounding neighborhood. No one from the public spoke in opposition to the zone
change.
On February 7, 2008, the Planning Commission approved the Preliminary Development Plan that
consisted of a total of 185,958 of building square footage. There are 158,429 square feet is mixed retail
uses, a 6,229 square foot bank with drive-through teller window and A TM, and five restaurants (3 drive-
through, 1 traditional, and 1 traditional with bar) totaling 21,300 square feet. Design of the center
complies with the design standards for large retail developments by including architecture/building
design, entryways, parking lot design, pedestrian circulation, and community space, with minor
modifications as required through recommended conditions of approval of the Development Plan
February 15. 2008. 10:52AM
Planner jeng/ S:\ZoneChange\yr 2007\07-1651\CCIADMINFORM 1 read.doc
ADMINISTRATIVE REPORT
review. The proposed drive-through restaurants are situated within portions of the site that would not
result in potentially adverse impacts to adjacent residential development. Where parking is proposed
adjacent to Calloway Drive and Olive Drive, bermed landscaped areas with 30-inch high retaining walls
along the parking area are proposed to partially screen parked vehicles. A public plaza, with seating
and either a clock tower or fountain, is proposed adjacent to Buildings J and K. Pedestrian walkways
along the frontages of the major retail areas.
The reason for the request is to allow the developer to construct a commercial shopping center to allow
for a variety of commercial uses including drive through restaurants. The existing block wall along the
west property line will remain. Sound attenuation walls shall be required to address noise from loading
dock areas.
Based on an initial study conducted by staff, it was determined that the proposed project would not have
a significant effect on the environment and a Negative Declaration was prepared and approved by the
Development Service Director on May 15, 2007, in conjunction with Project No. Site Plan Review # 06-
1287 and in accordance with CEQA. In accordance with CEQA Section 15162, no further environmental
documentation is necessary because no substantial changes to the original project are proposed, there
are no substantial changes in circumstances under which the project will be undertaken and no new
environmental impacts have been identified. Said Negative Declaration is applicable to and appropriate for
this project.
Staff recommends first reading of the zone change.
February 15, 2008. 10:52AM
Planner jeng! S:\ZoneChange\yr 2007\07-1651\CCIADMINFORM 1 read. doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: t.:], e,
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
February 12, 2008 CITY ATTORNEY _
CITY MANAGER es
SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 102-06) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from an A (Agriculture) zone to a C-2/PCD (Regional
Commercial/Planned Commercial Development) zone on 15.1 acres; to an R-2 (Limited
Multiple Dwelling Family) Zone on 7.7 acres; to an E (Estate) zone on 7.8 acres; and to
an E (Estate) zone on 40.3 acres to allow for future commercial and residential
development located on the south side of Seventh Standard Road, on the east and west
sides of Verdugo Lane (ZC #07 -1893 - Marino & Associates representing Julie
Randolph, et. al.) (Ward 4 upon annexation)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On January 3, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and unanimously recommended adoption by the City Council. The zone change request
consists of changing the zoning from an A (Agriculture) zone to a C-2/PCD (Regional Commercial
/Planned Commercial Development) zone on 15.1 acres; from an A (Agriculture) zone to an R-2
(Limited Multiple Dwelling Family) Zone on 7.7 acres; from an A (Agriculture) zone to an E (Estate)
zone on 7.8 acres; and from an A (Agriculture) zone to an E (Estate) zone on 40.3 acres to allow for
future commercial and residential development. The reason for the request is to bring the zoning into
conformance with the Metropolitan Bakersfield General Plan Land Use designations on the subject
property. The site is currently undeveloped, except for existing oil wells. The project site is currently in
the process of annexation to the City of Bakersfield.
No one spoke in opposition to the project at the Planning Commission hearing.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised. An Agriculture Land Conversion Study, Air Quality
Impact Study, and Phase I Cultural Resources Study were provided. There was less than significant
impact related to agriculture conversion and air quality issues and no mitigation is required. However, if
cultural resources uncovered during ground disturbance, the developer must consult with a qualified
archeologist. With this cultural resource mitigation measure, the impact is less than significant.
Staff recommends first reading of the zone change.
Jengl S:\ZoneChange\yr 2007\07-1893\CC\ADMIN 1 read.doc
February 12. 2008
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent
ITEM / J. -p.
February 8, 2008
CITY ATTORNEY
CITY MANAGER
APPROVED
~.
~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley G. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: A Resolution of the Council of the City of Bakersfield approving the submittal of an
application to the California Integrated Waste Management Board (CIWMB) for all CIWMB
Grants for a period of five years, 2008 - 2013.
RECOMMENDATION:
Adopt the Resolution.
BACKGROUND: With approval by Council, in 2006 the City of Bakersfield began a Waste Tire
Enforcement and Waste Tire Cleanup program. The grant funded staff time directly related to
development, implementation and monitoring of these programs.
This is an effective way to address the City of Bakersfield's need to educate tire dealers and auto
dismantlers of their responsibilities and reduce the illegal disposal of waste tires. The program will be
comprehensive, informative and allows for enforcement action when necessary. It provides for correcting
of waste handling problems, reducing long-term disposal problems, identifying illegal waste tire haulers,
encouraging compliance and providing for the cleanup of illegally dumped tires.
Previously the resolution and grant applications were required to be submitted on a yearly basis. In an
effort to streamline the process, the CIWMB now accepts resolutions that authorizes up to 5 years of grant
application submittals.
The proposed resolution extends, for 5 years, our ability to apply for these grants and other similar grants,
available through the California Integrated Waste Management Board for a five year period from July 1 st.
2008 through June 30th, 2013.
February 5. 2008. 8:23AM
S:\CODE ENFORCEMEN1\Grants\Tire Enforcement Grant\2007-2008\admin report Tire Enf.Grant 08.doc
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent
ITEM f.~. a.
()
MEETING DATE: February 27.2008
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley G. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
February 15, 2008
CITY ATTORNEY
CITY MANAGER
!?v-
I!-
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorize collection of the assessments by the
Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on February 11, 2008, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures
which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste
matter. The property owners were notified and failed to comply with the notices to abate such publiC
nuisance. After a hearing duly noticed and held before the Building Director, the Director issued
orders requiring the property owner to abate the public nuisance. The subject properties are listed as
follows:
APN
COST
PROPERTY LOCATION
Ward 1/Councilmember Irma Carson
1.
2.
3.
4.
5.
3304 Cottonwood Rd
3470 Cottonwood Rd
1617 De Wolfe St
3320 Elda Ave
406 EI Fuerte Ave
172-043-38
172-043-37
019-101-01
172-122-27
516-072-21
$ 360.00
$ 380.00
$ 850.00
$ 680.00
$ 800.00
February 12. 2008. 11 :49AM
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ADMINISTRATIVE REPORT
Page 2
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
6. 1408 EI Toro Dr 011-440-09 $ 300.00
7. 608 Haley St 019-101-02 $ 575.00
8. 231 L St 010-260-03 $ 775.00
9. 101 Lois Ln 412-162-02 $ 300.00
10. 3500 Lotus Ln 172-092-34 $ 470.00
11. 3513 Lotus Ln 172-134-03 $ 520.00
12. 1708 Madison St 170-080-14 $ 300.00
13. 327 Dr MK Jr Blvd 019-181-15 $ 398.00
14. Lot south of 3524 Meeks Ave 172-134-16 $ 670.00
15. 312 Northrup St 018-290-09 $ 585.00
16. 3406 Oliver St 172-101-41 $ 820.00
17. 915 Watts Dr 170-132-09 $ 300.00
18. 1209 Wilson Rd 022-021-09 $ 1,240.00
19. 640 3rd St 139-294-25 $ 1,160.00
20. Lot north of 3501 Shellmacher Ave 172-122-15 $ 510.00
Ward 21Councilmember Sue Benham
21. 524 Homaker PI 002-112-30 $ 700.00
22. 3212 Mulberry Dr 001-381-17 $ 680.00
23. 606 33rd St 002-041-08 $ 585.00
Ward 3/Councilmember Ken Weir
24. 2800 Century Dr 382-071-08 $ 435.00
25. 3013 Maywood Dr 146-114-12 $ 525.00
Ward 5/Councilmember Harold Hanson
26. 7009 Outingdale Dr 339-411-04 $ 670.00
27. 3701 Seligman Dr 385-364-17 $ 688.00
Ward 61Jackie Sullivan
28. 6300 Alderpointe St 498-131-01 $ 575.00
29. 1712 Brook St 172-053-40 $ 1,250.00
30. 5904 Cardiff Ave 355-251-21 $ 585.00
31. 2800 Edmonton St 441-292-02 $ 525.00
32. 5519 Halifax St 355-181-07 $ 575.00
February 12. 2008, 11 :49AM
C:\Documents and Settlngs\bbrown\Desktop\ADMIN\admin Feb 2008.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 7/Zack Scrivner
33. 4321 Balboa Dr
34. 4341 Balboa Dr
35. 3506 Calico Rock Ct
36. 1901 Maurice Ave
37. 1900 Ming Ave
38. 2113 Ming Ave
39. Lot on Ming & Hughes north of Carl's Jr
40. 4509 Napal Ct
41. 4331 Palmacia Dr
42. 6409 Springbrook Dr
43. Lot N/W of So H St & Berkshire Rd
Page 3 of 3
APN
COST
171-183-03
171-183-05
515-391-09
372-301-09
148-290-10
023-191-06
148-092-20
171-230-21
171-182-04
413-111-40
515-010-24
$ 570.00
$ 750.00
$ 1,275.00
$ 495.00
$ 300.00
$ 375.00
$ 575.00
$ 550.00
$ 380.00
$ 300.00
$ 800.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
February 14, 2008. 9:30AM
C:\Documents and Settings\bbrown\Desktop\ADMIN\admln Feb 20OS.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: /.:) > J.....
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
February 11, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Purchase of Econolite Autoscope Traffic Signal Video Detection Systems.
1. Resolution determining that the traffic signal video detection systems cannot be
obtained through the usual bidding procedures and authorizing the Finance Director
to dispense with bidding therefore, not to exceed $300,000.00.
2. Approve the purchase of thirty (30) Econolite Autoscopes from Econolite Control
Products, Inc. in the amount of $300,000.00.
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase.
BACKGROUND: Econolite Autoscope Model 2004 Video Detection Systems are installed at thirty (30)
signal-controlled intersections in the City of Bakersfield and work in conjunction with the Econolite traffic
controllers in monitoring and controlling traffic flow. The oldest of the video detection systems was
installed in 1992. Each of the video detection systems is comprised of a processing unit, camera and
cabling.
Econolite Control Products, Inc. discontinued production of the Autoscope Model 2004 processing unit in
2002 and is no longer supporting the software component with upgrades and fixes. Additionally, the
operating system of the Autoscope Model 2004, which is DOS-based, has limited processing capacity and
the units have to be manually set on foggy days and then re-set when the weather clears, resulting in
traffic delays.
Econolite has replaced the Autoscope Model 2004 with the Autoscope Rack Vision Terra. Staff plans to
replace all of the remaining Autoscope Model 2004 processing units over the next year with Autoscope
Rack Vision Terra. The Autoscope Rack Vision Terra is windows-based and has four processing units
which will allow a faster response to traffic and better fog recognition algorithm, thus facilitating better
traffic flow throughout the City's traffic grid. Replacement of the existing video detection systems with the
Autoscope Rack Vision Terra will enable the City to use the existing Econolite-compatible cameras and
cabling.
Funds for the purchase of thirty (30) replacement units are in the FY 2007-2008 Adopted Budget.
Purchasing Division
S:\PURCH\ADMIN\Autoscopes. Sole Source, February 27. 2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: f d. j
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
February 8, 2008
APPROVED
DEPARTMENT H~
CITY ATTORNEY
,
CITY MANAGER I!.E
SUBJECT: Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 496 consisting of
49.50 acres, located generally south of McCutchen Road, on the west side of
Gosford Road. (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield identified as Annexation No. 496 consisting of 49.50 acres, located generally
south of McCutchen Road, on the west side of Gosford Road.
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 496.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: i'd. L
v
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 13, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
71L-ED
/~t14-
Is
SUBJECT: Resolution of Intention No. 1591 to add territory, Area 1-83 (Coffee, Snow NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. CNard 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 7030 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-83 is generally bounded by a line approximately 1.200 feet north of Snow
Road on the north, a line approximately ~ mile east of Coffee Road on the east. Snow Road on the south
and Coffee Road on the west. This area will be under the streets cape zone of benefit and will be
assigned an appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
February 13, 2008, 12:49PM
MD1-83Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: I(i. K.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
IVl-
I~
,
f-s
February 14, 2008
SUBJECT: Resolution of Intention No. 1592 to add territory, Area 1-84 (Etchart, Quail Creek NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 7031 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-84 is generally bounded by a line approximately 1,320 feet north of Etchart
Road on the north, a line approximately 1,980 feet east of Quail Creek Road on the east, Etchart Road on
the south and Quail Creek Road on the west. This area will be under the streetscape zone of benefit and
will be assigned an appropriate tier level when street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
February 14,2008, 9:09AM
MD 1-84Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: I;). l.,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t!fl:-
PM
es
February 14, 2008
SUBJECT: Resolution of Intention No. 1593 to add territory, Area 4-83 (E. Brundage, Mt. Vernon SE)
to the Consolidated Maintenance District and preliminarily adopting, confirming and
approving Public Works Director's Report. 0Nard 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel
Map No. 11802 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 4-83 is generally bounded by E. Brundage
Lane on the north, a line approximately Y2 mile east of Mt. Vernon Avenue on the east, State Highway
Route No, 58 on the south and Mt Vernon Avenue on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next
City Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also
has submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
February 14, 2008. 9:28AM
MD4-83Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: r:J. 1Y7..
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /Gs
February 1, 2008
SUBJECT: Transportation Impact Fee Agreement with Stuart Thomas Inc. dba Lenox Homes for
construction of a canal bridge on Madison Street over the Arvin-Edison canal (estimated
impact fee credit is $963,194). fYVard 1)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Lenox Homes is developing Tentative Tract Map 6611 located east of South Union
Avenue and north of future Berkshire Road. As a condition of approval of Tract 6611, Lenox Homes is
required to construct a canal bridge on Madison Street over the Arvin-Edison canal. Lenox Homes has
requested that the transportation impact fee credit available from this improvement be applied to impact
fees due on Tract 6611. The available credit is estimated at $963,194.00 or the actual amount of the
design and construction cost of the improvement, whichever is less.
phs
February 6, 2008, 1 0:28AM
G:\GROUPDAT\ADMINRPT\2008\02-27\AdminRpt_Lenox Homes TIF Agr.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: '1 'I
0<. 11,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
Ap.PROVED
DEPARTMENT HEAD p'L..,.,
CITY ATTORNEY I!--
CITY MANAGER Rs
February 11, 2008
SUBJECT: Amendment NO.1 to Construction Management Agreement 07-194 with Lim & Nascimento
Engineering Corporation for the project known as White Lane at State Route 99 Eastbound
to Southbound On-ramp Reconstruction (Ward 7):
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: During the construction of the White Lane at State Route 99 Overcrossing Widening
and Interchange Improvement project (completed in 2005) it was discovered that some of the
improvements could not be built to meet current Caltrans standards without modifications to the eastbound
to southbound on-ramp. It is Caltrans policy to reconstruct the entire on-ramp to meet current Caltrans
Standards if the ramp is modified by an improvement project. This project reconstructs the Eastbound to
Southbound on-ramp to meet current Caltrans standards.
Due to unforeseen utility delays discovered after construction began, the completion date for this project
has been extended by approximately three months. This extension will also require Construction
Management Services, currently being provided by Lim and Nascimento Engineering Corporation (LAN),
for this period of time. This amendment will increase the compensation to LAN under Agreement No. 07-
194 by $82,697.00 for a total amount not to exceed $302,000.00.
February 13, 2008, 2:35PM
G:\GROUPDA T\ADMINRPT\2008\02-27\Amend LAN Agreement 07 -194.doc
ADMINISlRA liVE REPORT
MEETING DATE: February 27, 2008
"
'-.J
AGENDA SECTION: Consent
ITEM: I,,:;, C
TO:
FROM:
DATE:
Honorable Mayor and City Council
Javier Lozano, Human Resources Manage*EPARTMENT HEAD
February 1,2008 CITY ATTORNEY
CITY MANAGER
APPROVED
~
t/&
Rs
SUBJECT: Amendment NO.4 to Agreement No. 00-95 with William Avery & Associates, Inc. for
Negotiation and Consultant Services in Employer-Employee Relations for an annual
maximum of $52,000 including expenses.
RECOMMENDATION:
Staff Recommends approval of the amendment.
BACKGROUND:
On February 27, 2007, the City Council approved Mr. Avery's consulting agreement for a one year.
extension period ending March 1, 2008. Mr. Avery has had a long history with the City (almost 24 years)
providing consulting services in labor negotiations and ongoing labor relations issues. Mr. Avery has been
very successful in building positive working relationships between employee labor groups, staff and
Council. He also has a unique understanding of the City's labor relations history and knowledge of past
labor practices which will be critical as we approach Union negotiations later this year and into early 2009.
The cost will be increased for 2008 from the monthly fees of $2,600 per month to $3,500 and a $10,000
maximum reimbursement for travel and lodging fees. This would be an agreement for Negotiation and
Consultant Services in Employer-Employee Relations totaling a maximum of $52, 000 for two years. This
amendment guarantees Mr. Avery's services and rate from March 1, 2008 to March 1, 2010.
Staff recommends approval of the agreement.
S:\ADMINRPT\Avery 2008-2009 Labor Relations - revised.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: f:J. D.
f
TO: Honorable Mayor and City Council
FROM:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
February 11, 2008
SUBJECT: Chester Avenue Streetscape:
1. Contract Change Order No.2 to Agreement 06-067 with Griffith Company ($10,920.00
increase for a revised not to exceed amount of $1,965,942.55) for Chester Avenue
Streetscape from 24th Street to Garces Circle. (Ward 2)
2. Appropriate $12,000 of Gas Tax Fund Balance to the Public Works Department's
Capital Improvement Budget within the Gas Tax Fund.
RECOMMENDATION: Staff recommends approval of appropriation and contract change order
BACKGROUND: This project provides for median islands, landscaping, and street lighting on Chester
Avenue from 24th Street to the Garces Circle.
This Change Order corrects an error on Contract Change Order NO.1 (CC01) for additional curb and
gutter that was poured on this project. The unit price listed in CC01 was $60.00 per lineal foot. The
correct unit price for this item is $130.00 per lineal foot resulting in a needed adjustment of $70.00 per
lineal foot for the 156 lineal feet of additional curb and gutter installed on this project. This resulting
adjustment will result in a total cost increase of $10,920.00.
This is the second change order to be submitted for this project. This change order will increase the
project total by $10,920.00. The change orders to date on this project reflect a net increase of $43,203.55
(which is an increase of 2.2% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$1,922,739.00
$1,965,942.55
$ 43,203.55
.
=
=
G:\GROUPDAT\ADMINRP1\2008\02-27\CCO 2 Chester Streetscape.doc
RM
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: ! ()~ 0
D
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
February 7, 2008 CITY ATTORNEY fJrM
CITY MANAGER IJs
SUBJECT: Amendment to agreement and appropriation of funds to prepare Environmental Impact
Report for General Plan Amendment! Zone Change No. 06-1052 (Panama/Ashe) (Ward 7)
1. Amendment NO.1 to Agreement No. 07-190 with Jones & Stokes Associates Inc. for
$154,988.00 for preparation of an Environmental Impact Report.
2. Appropriate $15,188.00 developer's contribution to the Development Services
operating budget in the General Fund for the EIR consultant.
RECOMMENDATION:
Staff recommends approval of amendment to the agreement and appropriation of funds.
BACKGROUND:
This additional amount of $15,188.00 has been deposited by the applicant, Maurice J. Etchechury,
representing the John M. Antongiovani Trust. The total contract amount with Jones & Stokes
Associates Inc., the EIR consultant, is $154,988.00. No City funding is required for this contract. As with
all EIRs, the funds to pay the consultant costs and staff's time and materials to process the EIR come
from the project applicant. The budget amendment to the agreement is to recover costs associated
with additional peer review of studies, work associated with the hydrology chapter, and additional
printing.
The project consists of a General Plan Amendment, Zone Change, and Planned Unit Development at
the southwest corner of Panama Lane and Ashe Road. The proposed development includes
approximately 138,000 square feet of retail commercial space on 20 acres.
The Planning Commission will hold a public hearing on the GPAlZone Change and EIR on March 20,
2008.
RB J S:\GPA 1st 2008\06-1052 Panama Ashe EIR\EIR\RFP\adm rept amend agreement.doc
February 19, 2008
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: l_:J, r-,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
pj
II-
February 15, 2008
SUBJECT: Amendment No. 2 to Agreement No. 06-159 with Gilliam and Sons, Inc. for Earthmoving
and Hauling adding $1,000,000 additional funds for a revised not to exceed contract
amount of $3,000,000.
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 7, 2006, Council awarded the annual contract for Earthmoving and Hauling to
Gilliam and Sons, Inc. Amendment No. 1 was executed on June 6, 2007 adding $1,000,000 to the
contract and extending the Agreement for one year. Due to extensive earthmoving and hauling related to
the Mill Creek project and the AERA Baseball Park project it is necessary to add additional funds to this
Annual Contract. This amendment (Amendment No.2) will add $1,000,000 to the Agreement for a revised
not to exceed contract amount of $3,000,000 thus allowing for continued earthmoving work for the
remainder of this contract period (June 2008). This contract will be re-opened for competitive bidding prior
to the June 2008 expiration date.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #2 to Gilliam and Sons, Inc., Agreement No. 06-149(1), February 27, 2008.doc
February 15, 2008, 11 :43AM
ADMINISTRATIVE REPORT
MEETING DATE: February 27, 2008
AGENDA SECTION: Consent Calendar
ITEM: /.1, /.,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 15, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
V'-
t/~
es
SUBJECT: Amendment No.1 to Agreement No. 07-184 with outside counsel, Griswold, LaSalle, Cobb,
Dowd & Gin, L.L.P., to provide legal services to handle right-of-way/eminent domain cases
for the Westside Parkway, in an amount not to exceed $150,000. (Wards 2, 4, and 5)
RECOMMENDATION:
Staff recommends approval of the amendment to the Agreement.
BACKGROUND:
On June 27,2007 the City and the law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. entered into
Agreement No. 07-184 whereby Griswold, LaSalle agreed to handle six right-of-way/eminent domain
matters on behalf of the City for the Westside Parkway. The City is currently expediting the acquisition of
property along the Mohawk extension portion of the Westside Parkway in order to secure necessary
funding for the project from the State of California. As part of this process, the City needs to obtain
temporary construction easements ("TCEs") over parcels the City has already acquired for purposes of
building the Mohawk extension portion of the Wests ide Parkway. The law firm of Griswold LaSalle has
agreed to handle all legal matters involved in obtaining of the TCEs for four parcels (identified as the
Mangus, Daisa, Janes and Chemex properties). For this additional work, the law firm has agreed to an
additional $50,000 in compensation, thereby making the total contract amount $150,000.
Funds to pay for attorneys' services have been budgeted in the Public Works Department and are covered
by State Transportation Improvement Program money.
RMS:lsc
S:\CCUNCIL\Admins\07 -08 Admins\AnyAgr07 -184Amd1.GriswoldLasSalle-WP .dot
February 15, 2008, 10:54AM
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: / d. t.
February 19, 2008
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY JJ1;1J
.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
CITY MANAGER /?S
SUBJECT: Amendment No. 1 to Agreement 07-373 with HNTB Corporation ($1,999,843.00) for
Engineering and Environmental Services for the South Centennial Corridor - Cross Town
Freeway - State Route 178 Connector (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: Agreement 07-373 with HNTB Corporation in the amount of $9,249,949.00 was
approved by the City Council on October 24, 2007. This agreement was for engineering and
environmental evaluation services for a downtown freeway alignment generally parallel to the Burlington
Northern and Santa Fe Railroad corridor.
The Council also approved Agreement 08-018 on January 30, 2008 in the amount of $11,335,155.00 with
HNTB Corporation for engineering and environmental evaluation services of a connection between State
Route (SR) 58 and the Westside Parkway. One of the alignments to be studied in Agreement 08-018 will
be for a route extending east-west across the downtown area, similar to what was to be looked at with
former Agreement 07-373. Thus continuing with both agreements with the scopes as written would result
in redundant work being performed.
However there is a need to identify a specific plan line to allow preservation of right-of-way for a downtown
alignment now. This downtown alignment is also shown on the circulation element of the current
Metropolitan General Plan. Therefore, staff proposes to amend and reduce the original contract with
HNTB to limit the work to only developing a specific plan line for a downtown alignment. Some of the work
for development of this downtown alignment will be accomplished with the SR58 connection work, and so
a significant scope and cost reduction for this contract is appropriate.
Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's
Office for review.
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: I 'J .
10(' v....
TO:
Honorable Mayor and City Council
FROM:
Raul Rojas, Public Works Director
DATE:
February 12, 2008
CITY MANAGER
SUBJECT: Contract Change Order No.2 to Agreement 07-167 with Performance Electric ($36,186.06
increase for a revised not to exceed amount of $1,226,438.66) for the Mt. Vernon Recycling
Center Power Conversion project. (Ward 2)
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for installing a 21 kilovolt main line to various areas at the Mt.
Vernon Recycling Facility as part of the electrification of this facility. This main line will power various
pieces of equipment used in the recycling of various products.
Two additional 1600 amp circuit breakers need to be installed in order to safeguard the electrical
motors/components of the brush grinder and Trommel at the brush pad in Area 1 of the recycle facility.
The contractor has agreed to accept a lump sum of $28,112.22 as full compensation to provide and install
these breakers.
An additional 370 feet of 2-inch conduit needs to be installed from the existing communication system at
the site to the switch gear location in Area 2 of the recycling facility. This communication line is for use by
PG&E to monitor their equipment. The contractor has agreed to accept a lump sum of $9,527.72 as full
compensation to provide and install the 2-inch conduit.
During the course of construction it was determined that two 4-inch conduits, each 140 feet in length, need
to be installed for future electrical equipment. The contractor has agreed to accept a lump sum of
$6,705.60 as full compensation to provide and install the 4-inch conduit.
During the course of construction the engineer determined the need for the additional purchase and
installation of disconnect equipment for the electrical equipment. These items are necessary in order to
comply with the electrical code. These disconnects will provide for disconnecting the electrical power to
the equipment during maintenance activities. The contractor has agreed to accept a lump sum of
$16,460.52 as full compensation for doing this work.
Asphalt trench patching on this project conflicts with a required water distribution/spray system that needs
to be installed in the same trenches as the electrical distribution system. City personnel will install the
water system and patch back the trench with asphalt at a later date. The contractor has agreed to credit
the City of Bakersfield in the amount of ($21,870.00) for the deleting the asphalt trench patching.
During the course of construction, it was discovered that 200 lineal feet of 2-inch conduit to the "Feed
Bunker" can be deleted from this contract since this area will not be a part of the system at this time. The
G:\GROUPDAT\ADMINRPT\2008\02-27\CCO 2 Mt Vernon Recycle Power Conversion.doc
RM
ADMINISTRATIVE REPORT
contractor agreed to credit the City of Bakersfield in the amount of ($2,750.00) for the above noted
deletion.
This is the second change order to be submitted for this project. This change order will increase the
project total by $36,186.06. The change orders to date on this project reflect a net increase of $43,851.06
(which is an increase of 3.7% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$1,182,587.60
$1,226,438.66
$ 43,851.06
.
=
=
G:\GROUPDAT\ADMINRPT\2008\02-27\CCO 2 Mt Vernon Recycle Power Conversion.doc
AU
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: I;). v,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
February 11, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid from Kern Electric Distributors in the amount of $280,032.97 for Decorative
Lights and Bollards for the Mill Creek Linear Park Project. Ward 2
RECOMMENDATION: Staff recommends acceptance of the bid for Decorative Lights and Bollards.
BACKGROUND: Invitations to bid were sent to fifty-seven (57) suppliers of lighting equipment. Four (4)
acceptable bids were received in response to the solicitation as follows:
BIDDER
AMOUNT
$280,032.97
Kern Electric Distributors
Bakersfield, California
Consolidated Electrical Distributors
Bakersfield, California
$280,345.33
WESCO
Bakersfield, California
$281,383.25
Stewart Electric Supply
Bakersfield, California
$281,889.89
Staff finds the low bid to be acceptable and recommends award of the bid to Kern Electric Distributors, in
the amount of $280,032.97.
Purchasing Division
S:\PURCHIADMIN\Decorative Lights and Sollards, #07-08-65. February 27, 2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27, 2008
AGENDA SECTION: Consent Calendar
ITEM: /:J. . uJ ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
February 11, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Extend bid for seven (7) replacement police special sedans:
1. Extend bid from Jim Burke Ford in the amount of $163,466.49 for seven (7) replacement
police special sedans.
2. Transfer and Appropriate $50,712 Self Insurance Fund Balance to the Equipment
Management Fund Operating Budget.
3. Appropriate $112,755 Fund Balance to the Equipment Management Fund Operating
Budget.
RECOMMENDATION: Staff recommends extension of bid and approval of appropriations and transfers.
BACKGROUND: At the Council meeting of November 28, 2007, Jim Burke Ford was awarded the bid for
the purchase of police special sedans (patrol vehicles). The bid specifications included a provision
whereby, with the written approval of both the bidder and the City, the City may purchase additional units
at the same per unit cost within one year after acceptance of the original bid. Jim Burke Ford has
indicated their approval of extending the same per unit cost for this purchase.
Over the past several months seven (7) police special sedans were involved in traffic accidents and have
been declared ''total loss" by an outside auto appraiser. Funding for the replacement of the seven (7)
police special sedans is designated as follows: $50,712.00 from the self-insurance fund, with the balance
of $112,754.49 from the equipment management fund.
Staff recommends extension of bid and authorization of the appropriation and transfer.
Purchasing Division
S:\PUACH\ADMIN\Four-Door Police Special Sedans, Extension of Bid, February 27, 2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Consent Calendar
ITEM: /."J a j{ I
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT
CITY ATTORNEY
CITY MANAGER
~
~
es
February 14, 2008
SUBJECT: Millcreek Linear Park:
1) Appropriate $10 million California Infrastructure Bank Loan Proceeds to the Capital
Improvement budget within the Old Town Kern Infrastructure Bank Fund for the
Construction of Millcreek Linear Park (Wards 1 & 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The Millcreek Linear Park project is a 1.5 mile stretch of agricultural canal which is currently being
transformed into a major recreational linear park which will travel through the heart of downtown
Bakersfield from Golden State to California Avenues.
On October 24, 2007, the City Council authorized the Bakersfield Redevelopment Agency to assist the
City in financing the improvements to the Millcreek Linear Park and to execute and enter into a loan
agreement by pledging tax increment from the Old Town Kern project area to repay the loan. The
Redevelopment Agency has executed the agreement for the purposes stated above for the aggregate
principal amount of $10 million dollars to be repaid over a period of 30 years.
The requested appropriation completes the requisite loan process to access to the loan funds approved
for this project.
S:\Admins\City Council\City Council Admins 2008\Millcreekl.BankAppropriation2.27.2008.doc
2/14/2008 1 :07 PM
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD!tiJ /lfL
CITY ATTORNEY ;0;t'f
CITY MANAGER Rs
February 14, 2008
SUBJECT: Public Hearing to consider the Panama - Buena Vista Bridge and Major
Thoroughfare Area (Ward 5).
1 . Resolution Adopting the Panama - Buena Vista Bridge and Major Thoroughfare
Area and making findings thereto.
2. Adoption of Ordinance amending Subsection F of Section 16.32.060 of the
Bakersfield Municipal Code relating to the Panama - Buena Vista Bridge and
Major Thoroughfare Area. (Second Reading)
RECOMMENDATION:
Staff recommends adoption of the resolution and ordinance.
BACKGROUND: The first reading of the ordinance was given on February 13, 2008.
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.
This resolution adopts the Panama - Buena Vista Bridge and Major Thoroughfare Area
This ordinance adds the Panama - Buena Vista Bridge and Major Thoroughfare Area to the list of
Bridge and Major Thoroughfare Areas to the list of areas for which subdividers/developers are charged
at the time of development or map recordation to pay the cost of constructing the planned facilities.
.- c.--__
TT:tt
2115120089:24:36 AM
ADMINISTRATIVE REPORT
MEETING DATE:
February 27,2008
AGENDA SECTION: Hearings
ITEM NO: r L/. h.,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
February 11, 2008
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER i!..r
SUBJECT: Public Hearing to consider appeal by David Gay, and upholding the Board of Zoning
Adjustment's decision approving Conditional Use Permit No. 07-2183 to operate a 5,485 square
foot retail jewelry store in a C-O/P.C.D. (Professional and Administrative Office/Planned
Commercial Development) zone district located at 9700 Brimhall Road. (Applicant/Owner: Carl
M. Saenger, represented by David Y. Milazzo AlA/David R. Wilson) (Ward 4).
1. Resolution denying the appeal and upholding Conditional Use Permit No. 07-2183.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The applicant requested approval of a Conditional Use Permit to permit a retail jeweler in a Commercial Office
Zone at the northwest comer of Brimhall Road and Calloway Drive. Staff recommended denial. However, after
the first public hearing, The Board of Zoning Adjustment (BZA) recommended approval and staff prepared
conditions of approval for the hearing on January 17, 2008. David Gay, owner of the retail center at the
northeast comer of Brimhall Road and Calloway Drive has appealed the decision of the BZA citing the issues
discussed later in this report.
In 2005, the City Council approved a general plan amendment/zone change to change the general plan land use
designation and zoning of the subject property located at the northwest comer of Brimhall Road and Calloway
Drive from residential to commercial office, despite opposition from a number of residents of the surrounding low
density residential neighborhood. Due to differences relative to hours of operation and intensity of typical office
uses compared with typical retail uses, office uses are generally considered more compatible with neighboring
low density residential development.
The site was also limited to commercial office uses because the other three comers of the intersection were
zoned C-2 (Regional Commercial), including one zoned as such prior to annexation, which permits a wide range
of neighborhood and regional-serving retail uses as well of office uses by-right. Recently developed commercial
centers are situated at the northeast and southeast comers of the intersection. The southwest comer is
developed with a Rite Aid pharmacy and a carwash. According to David Gay, one of the owners of the center at
the northeast comer, a total of approximately 17,000 square feet of leasable retail space is available, consisting
of a pad for a 5,000 square foot building and approximately 12,000 square feet of inline space. According to the
February 20. 2008. 8:37AM
S:lDanaIADMINS\2008\F9b\2-27-2183 CUP.doc
ADMINISTRATIVE REPORT
page 2
owner of the center at the southeast comer, although the center's retail space has been fully leased, space
approved for office use is available.
In light of the controversy surrounding the Council's 2005 decision to change the general plan land use
designation and zoning of the project site from very low density residential to commercial office and available
space for the proposed use on nearby commercial property, and given the presence of substantial retail
developments at three of the four comers of the intersection, two of which are not yet fully occupied, it was staff's
opinion that the proposed conditional use permit to operate a retail jewelry store on the subject property was
neither essential nor desirable to the public convenience or welfare. Therefore, staff's recommendation to the
Board of Zoning Adjustment (BZA) was to deny the proposed conditional use permit.
Prior to the December 11,2007, BZA public hearing, Marsha Huff, who resides at 9800 Harvey Court within the
tract immediately north of the project site, submitted a letter in opposition to the proposal (see attached letter).
Ms. Huff cited negative impacts to her neighborhood associated with the office development on the site and feels
that adding a retail use into the center would result in further problems for her neighborhood. Ms. Huff did not
provide testimony to the BZA during the public hearing.
During the BZA public hearing, David Gay expressed his objection to the proposal. He stated that there are
three existing C-2 zoned comers at the intersection and that when the C-O zoning was proposed in 2005 he and
his partners did not to oppose the proposal since retail uses would not be permitted within the center. Mr. Gay
pointed out that once the first retail use is permitted within the center, the precedent for retail uses will be set and
that the next retail proposal might therefore be difficult to reject. Mr. Gay stated that they have offered the
applicant, Carl M. Saenger (American Jewelry Company), a 30-year ground lease, with the option for an
additional 30 years, for a pad in their center that can accommodate a 5,000 square foot building. He also stated
that at the southeast comer there are buildings for sale and that the zoning is appropriate for a jewelry store. Mr.
Gay asked the Board to deny the proposed conditional use permit because office, not retail, uses were intended
for the site.
At the conclusion of the public hearing, the BZA continued the item and directed staff to work with the applicant
to formulate recommended conditions of approval. On January 17, 2008, the BZA unanimously approved the
proposed conditional use permit.
Mr. Gay filed an appeal of the BZA's decision on January 17, 2008, and submitted a supplemental letter dated
January 23,2008 citing the following reasons for his appeal (see attached letter):
1. As a property owner across the street from this project, I do not believe the BZA hearing officers provided
any compelling reason why they overturned staff's "recommendation of denial", other than the user is a
good retailer, and 'NOuld spend $125 a square foot in tenant improvements.
Staff reSDonse: The BZA's approval was based upon their finding, as specified in the attached BZA resolution,
that the proposal is desirable to the public convenience in that it provides a suitable location for a highly
respectable small business which has been in existence in Bakersfield since 1898 and that the proposal is
consistent with the goals, objectives and policies of the Metropolitan Bakersfield General Plan since the site's
DC (Office Commercial) land use designation is intended to accommodate business and professional office uses
as well as specialty retail uses. The BZA's findings fulfill the legal requirements for the granting a conditional use
permit pursuant to Bakersfield Municipal Code Section 17.64.060.C.
2. By approving retail on the North West comer of Brimhall and Calloway, now provides retail on all 4
comers, which is twice what is stated in the City of Bakersfield's General Plan, which designated no more
than 2 commercial "retail" comers at major intersections. The City of Bakersfield actually exceeded the
general plan, by allowing 3 commercial comers at this intersection caused by the re-alignment of
Calloway Road in the late 1990's.
February 19,2008, 4:10PM
S:\DanaIADMINSI2OO8\F&b\2-27-2183 CUP. doc
ADMINISTRATIVE REPORT
page 3
Staff reSDonse: While Land Use Element Policy 21 of the Metropolitan Bakersfield General Plan encourages the
separation of at least one-half mile between new commercial designations, no such policy limiting the number of
commercial comers at an intersection is contained within the plan. Prior to the annexation of the property at the
southwest comer of this intersection into the City, the County of Kern rezoned this property to allow for retail
development, increasing the number of retail comers at this intersection to three.
3. Staff's exemption of the BZA application from CEOA, because it is "conversion of less than 10,000
square feet, of an existing commercial structure from one use to another", is flawed. In fact, this "office"
building is currently vacant and the proposed retail use (American Jewelers) should have been
considered in the original CEOA document for the Zone Change to Commercial Office in 2005.
Staff reSDonse: Pursuant to State CEOA Guidelines Section 15303, the conversion of existing small structures
from one use to another where only minor modifications are made to the exterior of the structure is categorically
exempt from CEQA. Although the structure that is proposed to accommodate the proposed retail jewelry store is
a newly constructed structure which has not yet been occupied, it is an existing structure which was pennitted to
be constructed by the City for the purpose of accommodating commercial office uses. Therefore, any
commercial use permitted by right in the C-O zone may occupy the structure without further CEOA review simply
by meeting the requirements of ministerial building penn its, which are not subject to CEOA review. The approval
of a conditional use permit is considered a discretionary action under CEOA. Although discretionary actions are
subject to the provisions of CEOA, as stated above the project is categorically exempt from CEQA and,
therefore, is not subject to further environmental review.
4. Retail has a more cumulative traffic, parking (approximately +15%), noise and air quality than CO zone,
and needs to be studied and addressed, at least with a Negative Declaration to comply with CEOA. This
does not qualify for an exemption.
Staff reSDonse: No specific trip generation rate is available for retail jewelry stores; the most applicable use type
is specialty retail. In comparison to the proposed use of the subject 5,485 square foot structure for a general
office use, a specialty retail use is estimated to generate approximately 19 more p.m. peak hour trips (27 v. 8).
Over the course of an hour, 19 additional trips would not result in a significant traffic impact. Furthennore, it is
expected that a jewelry store would generate fewer peak hour trips than the typical specialty retail use, with much
of its business occurring on weekends and with the greatest concentrations of activity occurring immediately prior
to Christmas and Valentine's Day. Given the nature of the proposed use (including, but not limited to, the lack of
a drive-through window) and because no traffic impacts are expected to result, no significant noise or air quality
impacts would result. With respect to parking demand, the Bakersfield Zoning Ordinance requires a greater
amount of off-street parking spaces for office uses (one per 230 square feet of general office space and one per
125 square feet for medical office space) than for single-tenant retail uses (one per 300 square feet).
It is recommended that the appeal be denied, upholding the Board of Zoning Adjustment's decision to approve
the proposed conditional use penn it.
Februery 19. 2008, 4:10PM
S:lDans\ADMINS\2008\Feb\2-27-2183 CUP. doc
ADMINISTRATIVE REPORT
MEETING DATE: February 27,2008
AGENDA SECTION: Deferred Business
ITEM: fir, a ,
February 19, 2008
CITY ATTORNEY
CITY MANAGER
APPROVED
W-
I3mI
/G5
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: General Plan Amendment/Zone Change 05-1580 (Ten Section), Appealed (Ward 5)
Jim Manley, representing 10 Section LLC, the property owner, has applied for a general
plan amendment and zone change on 220-acres located on the south of Panama Lane and
east of Nord Avenue. An appeal of the Planning Commission's decision was submitted by
Jim Manley, for 10 Section LLC.
1. Resolution 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 conducted a public hearing on February 13, 2008. Comments were made by the Sierra
Club and submitted in writing. The public hearing was closed and the matter was continued to February
27, 2008 to allow staff time to respond to the comments submitted at the hearing. 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 ~rimary environmental issues have been resolved. A letter was received from CDFG at
the February 13 hearing supporting the project with the inclusion of the new conditions.
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
ADMINISTRA liVE REPORT
Page 2
walls, conservation easements, buffer areas, management and monitoring, disclosure notices, and a
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 contract (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 (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance with CEQA, and EIR was
prepared. The Planning Commission and staff conducted several hearings on the EIR including a public
scoping 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.
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