HomeMy WebLinkAbout03/12/08_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MARCH 12, 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. ROLLCALL
2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting}
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for Cindy Sena v City; Edward Ferguson.
Kern County Superior Court Case No. S-1500-CV-260455-LPE
b. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9.
c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6
d. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to
Government Code Sections 54957(b)(1)/54957.6
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
6. INVOCATION by
7. PLEDGE OF ALLEGIANCE by Darby Berkshire, 1st Grade Student at Downtown Elementary School.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult
School, proclaiming March 10-14, 2008, as Adult Education Week.
b. Presentation by Mayor Hall of Proclamation to Eli Feghali, President, Bakersfield West
Rotary Club, and Barry Rosenfeld, President, Bakersfield West Rotary Foundation,
proclaiming April 5, 2008, as Cioppino Feed Day.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment Agency due to the resignation of Don
Cohen, term expiring April 22, 2009.
Staff recommends Council determination.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 27,2008 Regular City Council Meeting.
12. CONSENT CALENDAR continued
(Ward 7)
(Ward 4)
(Ward 4)*
(Ward 7)
(Ward 4)*
(Ward 3)
(Ward 4)*
. . upon annexation
Payments:
b. Approval of department payments from February 16, 2008 to February 28, 2008 in
the amount of $26,716,886.23 and self-insurance payments from February 16, 2008 to
February 28, 2008 in the amount of $205,319.73.
Ordinances:
c.
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map
No. 123-13) of Municipal Code by changing the zoning from 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 (Applicant: Nelms Surveying/Property
Owner: Deardeuff Family Trust). (FR 02/27/08)
Adoption of Ordinance amending Title 17 (Zone Map No. 102-07 and 102-18) of the
Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C-2/PCD
(Regional Commercial/Planned Commercial Development) on 23.93 acres located at the
southwest corner of Olive and Calloway Drives (ZC 07-1651 Applicant: Mcintosh &
Associates/Property Owner: Calloway Associates, GP) (FR 02/27/08)
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map
No. 102-06) of the Municipal Code by changing the zoning from A (Agriculture) to C-2/
PCD (Regional CommerciaVPlanned Commercial Development) on 15.1 acres; to R-2
(Limited Multiple Dwelling Family) on 7.7 acres; to E (Estate) on 7.8 acres; and to E (Estate)
on 40.3 acres located on the south side of Seventh Standard Road, on the east and west
side of Verdugo Lane (ZC 07-1893 (Applicant: Marino & Associates/Property Owner: Julie
Randolph, et. al.) (FR 02/27108)
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map
No. 123-13) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family
Dwelling) to C-1/PCD (Neighborhood CommerciaVPlanned Commercial Development) on
2.50 acres located along the south side of Planz Road, west of South H Street. (ZC 07-
1791) (Applicant: Evergreen Devco, Inc./Property Owner: Infinity Development Property
Management) (FR 02/13/08)
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map
No. 107-23) of the Municipal Code by changing the zoning from R-S-5A (Residential
Suburban-5 acre minimum) to E (Estate) on 80 acres located on the north side of Brimhall
Road and the east side of Rudd Avenue. (ZC 07-1848) (Applicant: SmithTech/USA,
Inc.lProperty Owner: Alfred Palla Jr. & Donald Ralph Palla) (FR 02/13108)
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map
No. 103-24) of the Municipal Code by changing the zoning from C-2/PCD (General
Commercial/Planned Commercial Development) and R-2 (Limited Multiple Family Dwelling
Residential) to C-O (Commercial Office) on approximately 13 acres and R-2 to C-2/PCD on 4
acres generally located southwest of Highway 178 and Morning Drive. (ZC 07-1715)
(Applicant/Property Owner: Sikand Engineering) (FR 02/13108)
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map
NO.1 01-01) of the Municipal Code by changing the zoning from A (Agriculture) to R-2
(Limited Multiple Family Dwelling) on approximately 40 acres and A to DI (Drilling Island) on
approximately 4 acres located generally south of Seventh Standard Road and west of the
Calloway Canal. (ZC 06-1698) (Applicant/Property Owner: Adavco, Inc.) (FR 02113108)
d.
e.
f.
g.
h.
i.
2
City Council Meeting of 3/12/2008
12. CONSENT CALENDAR continued
(Ward 5)*
(Ward 4)*
(Ward 3)
(Ward 2)
(Ward 1)
(Ward 1,4)
(Ward 7)
(Ward 3)
(Ward 7)
(Ward 4)
. - upon annexation
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map
No. 124-17) of the Municipal Code from A (Agriculture) to R-1 (One Family Dwelling) on
39.92 acres located at the northeast corner of McCutchen Road and Old River Road. (ZC
07-1874) (Applicant: Mcintosh & Associates/Property Owner: Michael Antongiovanni, Nancy
Turnipseed and Steven Antongiovanni) (FR 02113/08)
Resolutions:
j.
k.
Resolution approving an application proposing proceedings for annexation of inhabited
territory to the City identified as Annexation No. 605 consisting of 21.83 acres located along
Hooper Avenue generally south of Olive Drive and east of Coffee Road.
Resolution approving Cultural Resource Designation for property located at 3801 Chester
Avenue and for placement on the Bakersfield Register of Historic Places.
Resolution supporting Bakersfield High School's application for a School Community
Violence Prevention Grant to combat gang influence in and around Bakersfield High School.
Assessment District No. 07-2 (Sydney Harbour):
1. Resolution approving amendment to Final Engineer's Report.
2. Resolution determining assessments remaining unpaid.
3. Resolution authorizing issuance of bonds.
4. Resolution approving form and substance of Preliminary Official Statement and Bond
Purchase Contract, authorizing modifications thereto and execution thereof, and
authorizing related documents and action.
Resolutions adding the following territories to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
1. Area 1-83 (Coffee, Snow NE)
2. Area 1-84 (Etchart, Quail Creek NE)
3. Area 4-83 (E. Brundage, Mt. Vernon SE)
Sewer Connection Fee Assessments:
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Michael P. Hart and Tammy A. Hart, 5101 Centaur Street, to pay
sewer connection fee in installments and notice of special assessment lien.
Resolution of Intention No. 1594 to order the vacation of the 25 foot wide alleyway drive
approach access off Auburn Street located east of Fairfax Road between Auburn Oaks Drive
and Auburn Street.
I.
m.
n.
o.
p.
q.
Agreements:
r.
Agreement with Nancy Iparraguirre ($128,000) to purchase real property located at 2717
Hosking Road in order to widen Hosking Road.
License Agreement with North Kern Water Storage District for construction, operating and
maintaining a twelve inch diameter domestic water mainline along the south side of Snow
Road crossing the Calloway Canal between Jewetta Avenue and Norris Road.
s.
3
City Council Meeting of 3/12/2008
12. CONSENT CALENDAR continued
(Ward 2)
(Ward 2)
(Ward 6)
(Ward 1)
(Ward 5,6)
(Ward 2,3)
(Ward 1)
t.
Agreement with Meyer Civil Engineering, Inc. ($600,330) for preparation of plans,
specifications and estimate in accordance with City requirements for design of Phase 4 and
Phase 5 elements of the Mill Creek Project along the Kern Island Canal.
u.
Amendment No.2 to Agreement No. 07-192 with Meyer Civil Engineering, Inc. ($27,000;
revised not to exceed $172,390) for additional engineering and construction administration
services for the Mill Creek - Phase 1 (Central Park) Project.
Amendment NO.1 to Agreement No. PW07-022 with Loop Electric ($40,000; revised not to
exceed $80,000) and extending the term for one (1) year for vehicle loop cutting (annual
contract).
Wastewater Treatment Plant NO.3 - 2007 Expansion Project:
1. Amendment No.4 to Agreement No. 04-214 with Parsons Water and Infrastructure
(2,416,879; revised not to exceed $12,966,596) for design engineering and
construction services.
v.
w.
2. Transfer $2,416,879 contingency established for the Project to the Public Works
Department's Capital Improvement Budget.
Amendment NO.2 to Agreement No. 00-306 with Community Action Partnership of Kern to
allow Community Action Partnership of Kern obtain construction funding to complete the
Pete H. Parra Child Care Center located adjacent to the Kern County Food Bank at 1825
Felix Drive.
y. Amendment NO.1 to Agreement No. 07-084 with Jim Alfter Cement Contractor extending the
term to March 12,2009 for canal liner repair (annual contract).
x.
z.
Supplemental Agreement to Agreement No. 81-144 with Union Pacific Railroad Company
granting the city the right to perform the work necessary to install and maintain a liner within
the existing 42" pipeline along Gosford Road and crossing the Union Pacific Railroad north of
Pacheco Road.
Contract Change Order No.4 to Agreement No. 07-143 with MGE Underground, Inc.
($42,844.22; revised not to exceed of $1,089,813.52) for the Traffic Signal Interconnect Part
4 along various streets within the City.
aa.
Bids:
bb. Accept bid and award contract to Judge Netting, Inc. (43,626) for Wayside Park softball field
netting.
cc. Accept bid and award annual contract to San Joaquin Fence & Supply (not to exceed
$700,000) for fencing for the Public Works, Water Resources and Recreation & Parks
Departments.
Miscellaneous:
dd. Review of Maintenance Assessments for Special Storm Drain Facilities required in response
to the Clean Water Act. (Refer to Planning and Development Committee)
ee. Vacant Building Maintenance Action Plan. (Legislative and Litigation Committee
recommends adoption of plan)
Staff recommends adoption of Consent Calendar items a through ee.
13. CONSENT CALENDAR HEARINGS
4 .
City Council Meeting of 3/12/2008
14. HEARINGS
(Ward 2)
(Ward 4)
(Ward 5)
(Ward 5)
Protest Hearing to consider Resolution adding territory, Area 4-82 (34th Street from Q Street
to Union Avenue) to the Consolidated Maintenance District and confirming the assessments,
approving the Public Works Director's Report and authorizing collection of assessments by
the Kern County Tax Collector.
Staff recommends overriding protests and adoption of resolution.
a.
Public Hearing to consider Resolution denying the 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/PCD (Professional and
Administrative Office/Planned Commercial Development) zone district located at 9700
Brimhall Road. (Applicant/Property Owner: Carl M. Saenger, represented by David Y.
Milazzo AlA/David R. Wilson) (Continued lit the 02/27/08 meeting)
Staff recommends adoption of resolution.
b.
c.
Zone Change No. 06-1149/Planned Development Review No. 07-1558 (Mustang Square);
Todd Smith, Cannon & Associates, representing Mustang Square, LLC (property owner) has
applied for a zone change and planned development review of an 89,536 square foot
shopping center on approximately 10.98 acres at the southeast corner of White Lane and
Buena Vista Road. An appeal of the Planning Commission's approval was submitted by
Blain Franzen.
1. First Reading of Ordinance adopting a Negative Declaration and amending Title 17
(Zone Map No. 123-18) of the Municipal Code from C-1 (Neighborhood Commercial)
to C-2/PCD (Regional CommerciaVPlanned Commercial Development Overlay) on
approximately 10.98 acres and denying the appeal to the zone change.
Staff recommends acceptance of withdrawal by applicant of Planned Development Review and give
first reading to ordinance.
Public Hearing to consider the Panama - Buena Vista Bridge and Major Thoroughfare Area.
(Opened IInd continued lit the 02/27/08 meeting)
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.
d.
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
3/05/08 1:35 pm
Respectfully submitted,
6f!~t1'- ~ ~~
~
Alan Tandy
City Manager
5
City Council Meeting of 3/12/2008
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AGENDA HIGHLIGHTS
MARCH 12,2008 COUNCIL MEETING
REGULAR MEETING - 5:15 D.m.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of existing and one case of
potential litigation, a conference with the labor negotiator, and the performance evaluation of the
City Manager will be discussed.
CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m.
APPOINTMENTS
One appointment will be made to the Bakersfield Redevelopment Agency.
CONSENT CALENDAR
Resolutions
Item 12m. Resolution Suooortine Bakersfield High School's Aoolication for a School Community
Violence Prevention Grant to Combat Gene Influence in and around Bakersfield Hieh School
lBHS). BHS formed the School Community Violence Prevention Program (SCVP) to deal with
issues regarding a recent increase in expulsions for drugs and violence, and concerns regarding
gang violence and safety issues in the surrounding community. BHS applied for a SCVP Grant,
which would provide funding to assist with numerous programs steering students away from gangs
and violence, and assists them with vocational training, mentoring, and job location assistance.
The Safe Neighborhoods and Community Relations Committee recommended full support at their
meeting on February 21, 2008.
Aareements
Items 121 & 12u. Aareements with Mever Civil Eneineerine for the Mill Creek Proiect alone the
Kern Island Canal. The first agreement is in the amount of $600,300 and provides for preparation
of plans, specifications, and estimate for Phase 4 and 5. Because of the extensive knowledge of
the project, staff requested Meyer Civil Engineering to submit a proposal on Phase 4 and 5 of the
project. The design plans prepared for the agreement will allow the significant knowledge gained
in the Phase 1 "Design-Build" process to be applied to construction documents for the last phases
of the project.
The second item is an Amendment to Agreement No. 07-192 in the amount of $27,000, for a
revised not to exceed amount of $172,390. This will provide for additional engineering and
construction administration services for Phase 1 in order to meet the desired opening of the Mill
Creek Park in the Summer of 2008.
Item 12w. Amendment No.4 to AQreement No. 04-214 with Parsons Water and Infrastructure for
Desicn Encineerinc and Construction Services for Wastewater Treatment Plant No. 3 - 2007
Exoansion Proiect in the amount of $2.416.879. for a revised not to exceed the amount of
$12.966.596. Parson's scope of work has expanded in complexity since the original agreement in
2004, due, in part, to various design requirements which were unknown at that time. Additional
staff hours are now required by the designer for construction support. Staff recommends using the
contingency that was established as part of the bond proceeds to fund this Amendment.
~
Item 12cc. Award Annual Contract to San JoaQuin Fence & Suoolv for Fencinc for the Public
Works. Water Resources and Recreation & Parks Deoartments in an amount not to exceed
$700.000. Invitations to bid were sent to thirty-three (33) contractors. Four acceptable bids were
received. Staff recommends awarding the contract to San Joaquin Fence & Supply.
Miscellaneous
Item 12dd. Review of Maintenance Assessments of Soecial Storm Drain Facilities ReQuired in
Resoonse to the Clean Water Act. The Clean Water Act and the National Pollutant Discharge
Elimination System requires that municipalities implement policies and standards to minimize or
eliminate pollutants into rivers and canals. This has obligated the City to require additional items to
the storm drain systems that have not been required before. These new requirements are in
addition to the current normal design for drainage systems and will require additional maintenance.
Staff recommends referring the matter to the Planning and Development Committee.
Item 1288. Vacant Buildinc Maintenance Action Plan. In January, staff presented a report to
the Legislative and Litigation Committee on the vacant building ordinance based on a Council
referral concerning the mounting number of vacant buildings due to loan foreclosures. The report
included survey information on vacant building ordinances from seven California jurisdictions, as
well as the City's current ordinance. Based on the staff presentation and comments received from
the Bakersfield Association of Realtors, the Committee directed staff to study the feasibility of a
vacant building registration process and to meet with representatives from BAR. Staff and BAR
made a joint recommendation to the Committee in February, which the Committee endorsed. The
action plan is being presented to the full Council for adoption.
HEARINGS
Item 14a. Protest HearinQ to Consider a Resolution Addinc Terrltorv. Located on 34th Street from
~ Street to Union Avenue. to the Consolidated Maintenance District and ConflrminQ the
_~essments. AoorovinQ the Public Works Director's Reoort and AuthorizlnQ Collection of
Assessments bv the Kern County Tax Collector. The City is proposing to construct median islands
and install street landscaping Including trees, lights, and automatic irrigation in this area. The City
is proposing to add this area to the Consolidated Maintenance District to provide for the street
landscaping maintenance.
Item 14b. Public Hearino to Consider a Resolution DenvlnQ the Aooeal bv David Gav and
Uoholdina the Board of ZoninQ Adiustment's Decision AoorovlnQ a Conditional Use Permit to
~~~:te ~~::5 SQuare Foot Retail Jewelrv Store in a C-O/PCD (Professional and Administrative
_~c;;JPI____ Commercial DevelQoment) Zone District Located at 9700 Brimhall Road. This item
was continued from the February 27,2008 Council meeting, so that it could be heard when Council
member Couch was in attendance. Approval of a Conditional Use Permit for a retail jeweler In a
Commercial Office Zone at the northwest corner of Brimhall Road and Calloway Drive was
requested. The Board of Zoning Adjustment (BZA) recommended approval for this request, and
David Gay has appealed the BZA's decision. Staff recommends that the appeal be denied, and
the BZA's approval be upheld.
March 12, 2008 Agenda Highlights
PaQe 2
Item 14c. Zone Chance on Approximatelv 10.98 Acres at the Southeast Corner of White Lane and
Buena Vista Road. This matter was continued from January 30, 2008 at the request of both the
appellant and applicant. The project initially included two applications: 1) a zone change request
from C-1 to C-21PCD, and 2) a planned development review of the site plan, including architectural
elevations of the shopping center. The applicant, Tom Carosella, withdrew the application
concerning the planned development review as changes are being made that will require a new
planned development application.
Todd Smith, Cannon & Associates representing the property owner Mustang Square, LLC applied
for a zone change from C-1 to C-21PCD to allow the inclusion of restaurant drive-thru services, on-
site consumption of alcohol (in conjunction of a restaurant), and a car wash. The project meets all
minimum City development standards and was approved by the Planning Commission on
November 1, 2007. This approval was appealed by Mr. Blain Franzen. All environmental issues
have been mitigated and the project has been conditioned to ensure that it is consistent with area
uses and with the goals and policies of the City's development standards. Therefore, it is
recommended that the appeal be denied and that the Planning Commission's approval be upheld.
Item 14d. Public Hearinc to Consider a Resolution Adoptinc the Panama - Buena Vista Bridce
and Maior Thorouchfare Area. This item was continued from the February 27, 2008 Council
meeting. 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 adoption of the 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 constructing planned facilities.
Approved: IJ-
Rhonda Smiley, Assistant to the City Manager Q
cc: Department Heads
City Manager's File
City Clerk's Office
News Media File
March 12,2008 Agenda Highlights
Page 3
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA ECTION: Closed Session
ITEM: ~ Q,..- cL
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
I/if
V6-
ts
March 3, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(One case).
SUBJECT: 1.
. CINDY SENA v. CITY OF BAKERSFIELD, a Public Entity; EDWARD
FERGUSON and Does 1 through 20, inclusive
Kern County Superior Court Case No. S-1500-CV-260455-LPE
2. Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section
54956.9. (One issue)
3. Conference with Labor Negotiator pursuant to Government Code section 54957.6
4. Public Employee Performance Evaluation - City Manager
Closed session pursuant to Government Code sections 54957(b)(1) / 54957.6
GG:dll
S:ICOUNCILICL SESSIADMINSI07-OS\3-12-08CMEVALEXISTLlTLABORNEGPOTLlT.DOC
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Presentations
ITEM: q. Q,
DEPARTMENT HEAD
ATTORNEY
CITY MANAGER es
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mayor Harvey L. Hall
February 28, 2008
VED
SUBJECT: Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult
School, proclaiming March 10 -14,2008, as "Adult Education Week."
RECOMMENDATION:
BACKGROUND:
ndw
February 28, 2008, 4:06PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 12, 2008
AGENDA ~ECTION: Presentations
ITEM: Lf. b"
FROM:
DATE:
Mayor Harvey L. Hall
February 28, 2008
DEPARTMENT HEAD
ATTORNEY
CITY MANAGER Rs
TO: Honorable Mayor and City Council
SUBJECT: Presentation by Mayor Hall of Proclamation to Eli Feghali, President of Bakersfield West
Rotary Club, and Barry Rosenfeld, President of Bakersfield West Rotary Foundation,
proclaiming April 5, 2008, as "Cioppino Feed Day."
RECOMMENDATION:
BACKGROUND:
ndw
February 28, 2008, 4:22PM
S:\MAYOR\ADMIN\2008\CIOPPINO FEED DAY.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Appointments
ITEM: / I.. CL--- ,
TO:
FROM:
DATE:
Honorable Mayor and City Cou~
Pamela A. McCarthy, City Clerl.J-;
February 29,2008
APPROVED
DEPARTMENTHEA~
CITY ATTORNEY ~
CITY MANAGER es
SUBJECT: One appointment to the Bakersfield Redevelopment Agency due to the resignation of Don
Cohen, term expiring April 22, 2009.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Bakersfield Redevelopment Agency due to the resignation of Don Cohen,
whose term expires April 22, 2009.
Applications for appointment have been received from the following:
. Marvin Dean
. Andrew Michael Heglund
. Larry Pickett
.
The Bakersfield Redevelopment Agency is an advisory body to the City Council. It is composed of seven
(7) members, appointed by the Mayor and approved by the Council. Agency members must be registered
voters and residents of the City throughout the remainder of their term.
The agency transacts business and exercises its powers under Community Redevelopment Law.
Meetings are generally held the second Monday of each month at 4:00 p.m., Council Chambers, City Hall,
1501 Truxtun Avenue.
February 29, 2008. 1 :26PM
S:\Bds&Comm\BRDA\Admin Apr 2007.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 12, 2008
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Cle~
February 29,2008
APPROVED
DEPARTMENT HEA~ ~ H-l
CITY ATTORNEY
CITY MANAGER f s
SUBJECT: Approval of minutes of the February 27,2008 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: IJ.. b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
February 28, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
er
SUBJECT: Approval of department payments from February 16, 2008 to February 28, 2008 in the
amount of $26,716,886.23 and Self Insurance payments from February 16, 2008 to
February 28,2008 in the amount of $205,319.73.
RECOMMENDATION:
Staff recommends approval of payments totaling $26,922,205.96.
BACKGROUND:
RAR
February 28, 2008, 4:09PM
S:\Richard\AP\ADMI N-AP .doc
ADMINISTRA liVE REPORT
MEETING DATE: March 12, 2008
AGENDA SECTION: Consent Calendar
ITEM: / d. r"
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~--
DATE: February 28, 2008 CITY ATTORNEY ~
CITY MANAGER R..s
SUBJECT: Adoption 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 corner of McCall Avenue and Mesa
Grande Street. (ZC # 07 -1737 - Nelms Surveying representing The Deardeuff Family
Trust) (Ward 7)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on February 27,2008.
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 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 approval of the zone change.
February 22,2008, 9:14AM
jeng / S:\Dana\ADMINSl2oo8IMan3-12-1737 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12, 2008
AGENDA SECT,ON: Consent Calendar
ITEM: / c; . Q...
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
February 28, 2008 CITY ATTORNEY _
CITY MANAGER R.s
SUBJECT: Adoption of an Ordinance amending Section 17.06.020 (Zone Map No. 102-07 and102-18)
of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from C-1
(Neighborhood Commercial to C- 2 IPCD (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 adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given February 27, 2008.
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 I (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 ATM, 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
February 22. 2008, 9:03AM
Planner jeng/ S:\DanaIADMINSI2008\Mar.3-12-1651 2.doc S:\DanaIADMINS\2008\Mar.3-12-1651 2.doc
ADMINISTRATIVE REPORT
modifications as required through recommended conditions of approval of the Development Plan
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 CEOA. In accordance with CEOA 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 adoption of the zone change.
February 22. 2008. 9:06AM
Planner jeng/ S:\DanaIADMINS\2008\Mar\3-12-1651 .2.doc S:\DanaIADMINS\2008\Mar\3-12-1651 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: Id. e.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD St---
DATE: February 28, 2008 CITY ATTORNEY ~
CITY MANAGER &
SUBJECT: Adoption 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-2IPCD (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 adoption of the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on February 27, 2008.
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 adoption of the zone change.
Jengl S:\ZoneChange\yr 2007\07-1893\CC\ADMIN 2 read.doc
February 22, 2008
ADMINISTRATIVE REPORT
MEETING DATE: March 12. 2008
AGENDA SECTION: Consent
ITEM: /.:?' -J...
I.
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: February 22, 2008 CITY ATTORNEY I3jn4
CITY MANAGER &
SUBJECT: Adoption 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 R-2 (Limited Multiple Family Dwelling Zone) to C-1/PCD
(Neighborhood Commercial/Planned Commercial Development Zone) on 2.50 acres,
located along the south side of Planz Road, west of South H Street. (ZC 07-1791 -
Evergreen Devco, Inc., representing Infinity Development Property Management. the
property owner). (Ward 7).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the Ordinance was given on February 13. 2008.
The proposal would allow for the development of neighborhood commercial uses on the 2.50-acre
project site. The proposal includes a preliminary PCD Site Plan, which was approved by the Planning
Commission, to establish the architectural style for a Fresh & Easy store. There are several categories
of grocery stores; high-end, standard, discount, ethnic and specialty. The proposal represents a
smaller standard type, which the Bakersfield-area will see several of this type in 2008. There will be
one building totaling 13,969 square feet of gross leasable area and 82 parking spaces. The proposal
will include landscaping to buffer the proposal from the existing residential areas west and south of the
site. The proposal will also include the integration with the existing Walgreens development to the east.
Reciprocal access will be required to the Walgreens store.
The Planning Commission conducted a public hearing on this zone change and recommended
approval to the City Council on December 20, 2007. No individuals or agencies were present at the
hearing and the applicant agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on November 16,
2007, in accordance with CEQA.
MO:dc - S:\GPA 4th 2007\07-1791\Ad SR\Ad Rprt 07-1791 2nd Readlng.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent
ITEM: I'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD SfV-
February 22, 2008 CITY ATTORNEY J3tn4
.
CITY MANAGER es
SUBJECT: Adoption 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 R-S-5A (Residential Suburban-5 acre minimum) to E
(Estate One Family Dwelling) on 80 acres, located on the north side of Brimhall Road
and the east side of Rudd Avenue. (ZC 07-1848 - SmithTech/USA, Inc. representing
Alfred Palla Jr. & Donald Ralph Palla, the property owners). (Ward 4 upon annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the Ordinance was given on February 13, 2008.
Upon annexation the proposal would allow for the residential development of 270 single family homes
on the 80-acre project site. The project site is currently used for agriculture production, about 2/3 of the
parcel is planted in alfalfa and the remainder is fallow. Historically the surrounding properties have
been primarily utilized for agriculture; however the subject property is not under a Williamson Act
Contract.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on December 17th and recommended approval to the city council at the December 20th Public Hearing.
At the Monday pre-meeting, the planning commission asked for information regarding the footprint of
the West Beltway and Brimhall Interchange. Mr. Ted Wright of the Thomas Roads Improvement
Program (TRIP) had said that the footprint is not developed yet, but that Parsons, the TRIP consultant,
will be working on this next year. Public Works has attached a mitigation condition to require the
developer install or fund two lanes of the West Beltway to arterial standards within the project area.
This improvement shall occur at no more than 50% build out of the project or within one year of
completion of final design of West Beltway, whichever comes first. No one from the audience spoke in
opposition to this project at the public hearing
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on November 16,
2007, in accordance with CEQA.
BM:dc - S:\GPA 4th 2007\07-1848\Ad Rprt 07.1848 2nd Reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: /;:)" Jt. ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
February 14, 2008
APPROVED
DEPARTMENT HEAD ~
-
CITY ATTORNEY Mn4-
CITY MANAGER R.s
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 103-24) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from C-2/PCD (General Commercial/Planned Commercial
Development) and R-2 (Limited Multi-family Dwelling Residential) to C-O (Commercial
Office) on approximately 13 acres, and R-2 to C-2/PCD on 4 acres generally located
southwest of Highway 178 and Morning Drive (ZC 07-1715 - Sikand Engineering)
(Ward 3).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 13, 2008.
The proposal would allow for the development of a comprehensive cancer center and associated
commercial uses at the southwest corner of Morning Drive and Highway 178.
The Planning Commission conducted a public hearing on this GPA/Zone Change on December 20,
2007, and recommended approval to the City Council.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on
November 28,2007 in accordance with CEOA.
RB-S:\GPA 4th 2007\07-1715\Staff Reports\Admln Report 07-1715 2nd Readlng.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: I r1. ...l-,.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
February 14, 2008
APPROVED
DEPARTMENT HEAD ~-
CITY ATTORNEY ~
CITY MANAGER es
SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map 101-01) of Title Seventeen of the Bakersfield Municipal Code by
changing the zoning from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on
approximately 40 acres and A to DI (Drilling Island) on approximately 4 acres located
generally south of Seventh Standard Road and west of the Calloway Canal (ZC 06-
1698 - Adavco, Inc.) (Ward 4 upon annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 13, 2008.
The proposal would allow for the development of approximately 300 single-family and multi-family
units, a drilling island, and PG & E substation on the approximate 44-acre project site. The applicant
is also requesting annexation into the City of Bakersfield.
The Planning Commission conducted a public hearing on this zone change on October 18, 2007, and
recommended approval to the City Council.
Staff conducted an initial study and it was determined that the project would not have a significant
effect on the environment. Therefore, a Negative Declaration was prepared and posted on February
26, 2006, and recirculated on October 30, 2007 in accordance with CECA.
RB-S:\GPA 1st 2007\06-1698\ZC\Staff Reports\Admln Report 06-1698 2nd Readlng.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent
ITEM: I :). ...../ I
o
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
k
February 22, 2008
CITY ATTORNEY
CITY MANAGER &
SUBJECT: Adoption of an Ordinance of ordinance approving a Negative Declaration and amending
Section 17.06.020 (Zone Map No. 124-17) of Title Seventeen of the Bakersfield
Municipal Code from A (Agriculture) to R-1 (One Family Dwelling Zone) on 39.92 acres,
located at the northeast corner of McCutchen Road and Old River Road. (ZC 07-1874-
Mcintosh & Associates, representing Michael Antongiovanni, Nancy Turnipseed, and
Steven Antongiovanni, the property owners). (Ward 5 Upon Annexation)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the Ordinance was given on February 13, 2008.
The proposal would allow for the development of 172 single family residential units on the 39.92 acre
project site. The project site is adjacent to the Old River Ranch development. The new Independence
High School, which is under construction and will be open this fall, is across the street. The general
area is in transition from agriculture to urban uses.
The Planning Commission conducted a public hearing on this zone change and the Commission
recommended approval to the City Council on December 20, 2007. No agencies or property owners
were present at the hearing and the applicant agreed to all conditions and mitigation for the project.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on November 16,
2007, in accordance with CECA.
MO:dc - S:\GPA 4th 2007\07-1874\Adm SR\Adm Rprt 07-1874 _2.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12, 2008
AGENDA SECTION: Consent Calendar
ITEM: I;;. K'.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD tr-
February 29,2008 CITY ATTORNEY ,;~
CITY MANAGER fs
SUBJECT: Resolution approving an application proposing proceedings for annexation of
inhabited territory to the City identified as Annexation No. 605 consisting of 21.83
acres located along Hooper Avenue, generally south of Olive Drive and east of
Coffee Road. (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
A majority of the property owners along Hooper Avenue submitted a petition at the October 23,
2007 City Council meeting that expressed an interest in annexation. Consistent with the City's
annexation policy, staff conducted a neighborhood meeting on January 24, 2008, at the Olive
Drive Elementary School multi-purpose room, with residents along Hooper Avenue to discuss the
possibility of annexation.
Property owners/residents were in attendance at the January 24, 2008 neighborhood meeting, as
well as various City staff members, County staff members, Dick Taylor representing Supervisor
Maggard, LAFCO Executive Director Bill Turpin, Rebecca Moore of LAFCO, LAFCO
Commissioner Stuart Baugher, LAFCO Commissioner Barbara Fowler, and City Councilman
David Couch. Those in attendance had several questions for City staff regarding traffic, the
installation of sewer infrastructure, connections, and service.
Per the City's annexation policy, the City sent out a self-addressed postcard to be returned to the
City stating whether the property owner/occupant supports or opposes the proposed annexation.
As of 2/29/08, the City has received the following response to the postcards:
Support
Opposed
No Preference
Total
= 22
= 14
=-2
= 36
or
or
or
or
61 % of the responses
39% of the responses
0% of the responses
100% of the responses
Six postcards were returned to the City by the Post Office as undeliverable to the property
owners/occupants. Of these six postcards, three property owners/occupants signed the petition
mentioned above, one property owner/occupant did not sign the petition, and two of the properties
ADMINISTRATIVE REPORT
Page 2
are sumps owned by the County of Kern. The City has received three letters, serving as a formal
request to be annexed, from the three property owners/occupants mentioned above that signed
the original petition. The City also received one letter requesting annexation from a property
owner/occupant who verified he had not submitted a postcard.
Including the letters the City has received, the response as of 2/29/08 is as follows:
Support
Opposed
No Preference
Total
= 26 (22 postcards + 4 letters) or
= 14 (postcards) or
= ...Q or
= 40 or
65% of the responses
35% of the responses
0% of the responses
100% of the responses
Based on the above results, the City proposes to annex those properties along Hooper Avenue
and begin the annexation process.
This resolution of application proposes proceedings for annexation of inhabited territory to the City
of Bakersfield. The proposed annexation identified as Annexation No. 605 consists of 21.83
acres of land and is located along Hooper Avenue, generally south of Olive Drive and east of
Coffee Road. The overall population of this area is estimated to be 140.
The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary.
The annexation area includes developed single-family residences. The proposal is to annex the
land to receive City services. This process has been in accordance with the City of Bakersfield's
inhabited annexation policy.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development. II
MG:JWS:JDM:mo:dc
S:\Annexation\Res of AppliclAdmin Draft 605 Hooper 1,doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: fa.~.
TO: Honorable Mayor and City Council
February 28, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
FROM:
DATE:
Donna L. Kunz, Economic Development Director
SUBJECT: Resolution approving Cultural Resource Designation and for placement on the Bakersfield
Register of Historic Places for property located at 3801 Chester Avenue. (WARD 3)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On February 27, 2008, the Historic Preservation Commission held a public hearing for the purpose of
hearing evidence for or against the Cultural Resource Designation application submitted by Scott Fieber, a
representative of the Kern County Museum, to apply for Cultural Resource Designation for property
located at 3801 Chester Avenue, known as the Kern County Chamber of Commerce Building located at
the Kern County Museum.
The structure, built in 1928 once was the home of the Kern County Chamber of Commerce. The Chamber
of Commerce building has served multiple roles for the City of Bakersfield. Upon completion, the
Exhibition Hall was used to highlight a mix of history with displays of commodities produced in Kern
County. These products emphasized oil and agriculture, and promotions celebrating them. The Chamber
of Commerce building is eligible for listing due to its significance in the development of Kern County and
the City of Bakersfield. Local architect, Charles H. Biggar designed the building.
The Commission unanimously approved the application for the designation as a cultural resource for
placement on the Bakersfield Register of Historic Places. No persons testified for or against the
application. The Commission found that in accordance with Bakersfield Municipal Code (BMC), Section
15.72.060 - Cultural resource and historic district designation - Criteria, the proposed cultural resource
may be designated as a cultural resource because it meets the following criteria:
. It exemplifies or reflects special elements of the city's or a community's or neighborhood's
historical, archaeological, cultural, social, economic, political, aesthetic, engineering or architectural
development; and
. It is identified with persons or events significant in local, state or national history; and
. It embodies distinctive characteristics of style, type, period, or method of construction, or is a
valuable example of the use of indigenous materials or craftsmanship; and
. Its unique location or singular physical characteristic(s) represents an established and familiar
visual feature of a neighborhood, community of the city.
S:\Admins\City Council\City Council Admins 2008\3801 Chester Avenue cultural resource.doc
2/28/2008 3:30 PM
ADMINISTRATIVE REPORT
Page 2
In accordance with the BMC, Historical Preservation, Chapter 15.72.120, after the Commission has made
a recommendation regarding an application for designation the Council shall, not less than thirty days after
the Commission's recommendation, shall approve or disapprove the designation.
S:\Admins\City Council\City Council Admins 2008\3801 Chester Avenue cultural resource.doc
2/28/20083:30 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: I;), /Yl.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
February 29,2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNE~jI"~4'
CITY MANAGER ~
SUBJECT: A Resolution Supporting Bakersfield High School's Application for a School community
Violence Prevention Grant to Combat Gang Influence in and around Bakersfield High
School. (Ward 2)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Bakersfield High School (BHS) has recently confronted an increase in expulsions for drugs and violence.
BHS staff and students are also faced with concerns regarding gang violence and safety issues in the
surrounding community. To deal with these issues BHS has previously formed the School Community
Violence Prevention Program (SCVP).
In order to assist the work of the SCVP, BHS has applied to the California Department of Education for a
School Community Violence Prevention Grant. This grant would provide funding to assist BHS with
numerous programs to try to steer students away from gangs and drugs. These programs include
vocational training, mentoring, drug prevention educational programs and job location assistance.
BHS requested that the City offer support for this grant at the Safe Neighborhoods and Community
Relations Committee meeting on February 21, 2008. Therefore, staff recommends adoption of this
resolution in support of the grant application.
MR:lsc
February 29,2008, 9:01AM
S :\CQUNC IL \Admins\07 -08 Admins\SupportBHSG rant.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: 1.1. n.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
}It;
~
,
es
February 28, 2008
SUBJECT: Resolutions for the proposed Assessment District No. 07-2 (Sydney Harbour).
Ward 1
1. Resolution approving an Amendment to the Final Engineer's Report
2. Resolution Determining Assessments Remaining Unpaid.
3. Resolution Authorizing Issuance of Bonds.
4. Resolution approving form and substance of Preliminary Official Statement and
Bond Purchase Contract, authorizing modifications thereto and execution thereof,
and authorizing related documents and action.
RECOMMENDATION: Staff recommends approval of resolutions
BACKGROUND: On September 26,2007, Council approved the resolution of intention No. 1552 for the
formations of Assessment District 07-2 (Sydney Harbour). On October 10, 2007, Council adopted the
Resolution Approving Acquisition and Disclosure Agreements and Authorizing Changes Thereto and
Execution Thereof. On December 12, 2007, Council approved the Preliminary Engineer's Report for this
Assessment District. On January 30, 2008, Council approved the Final Engineer's Report, Levied
Assessments, Ordered Improvements, and Authorized and Directed Related Actions.
Due to current economic concerns surrounding the housing markets, it has become necessary to review
the developer's proposal and reduce the overall scope and cost involved with the project. Since this is a
reduction in both cost and scope, without change to the boundaries there is no requirement for another
public hearing to adopt this report.
Once adopted, the assessments will be recorded as liens in the County Recorder's Office, and notice of
assessment and cash payment opportunity will be mailed to the property owners of any property on which
an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property
owners have waived their entitlement to pay any part of the assessments in cash, and the Finance
Director will certify and file with the City Clerk the list of Paid and Unpaid Assessments.
Approval of the above resolutions and related documents will allow the Finance Director to proceed with
the pre-marketing and pricing of the Assessment District Bonds, not to exceed $4,825,000.00, to fund the
public improvements proposed to be constructed within the District boundaries. The City of Bakersfield is
not obligated to repay any of the Assessment Bonds issued as a result of the formation of the District.
The Final Engineer's Report, Amendment to the Final Engineer's Report, the Preliminary Official
Statement, and Bond Purchase Contract are on file in the City Clerk's office for review.
February 28, 2008, 11 :37 AM
S:\TERA\07-2 Admin report.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: 1;:1. (j
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
February 28, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER RE
SUBJECT: Resolutions adding the following territories to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Wards 1,4)
1. Area 1-83 (Coffee, Snow NE)
2. Area 1-84 (Etchart, Quail Creek NE
3. Area 4-83 (E. Brundage, Mt. Vernon SE)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On February 27, 2008 the Council adopted Resolution of Intention No's. 1591, 1592
and 1593 to add the above territories to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of parks and/or street landscaping. The areas will be under park and/or streetscape zones
of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been
installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received letters from the owners of the properties described above which
waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process, to satisfy the subdivision requirement. The owners also
have submitted Proposition 218 ballots indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenant have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps.
Mar 12_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 12, 2008
AGENDA SECTION: Consent Calendar
ITEM: , :J.. .IJ .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 26, 2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY I!JJM
CITY MANAGER es
SUBJECT: Sewer Connection Fee Assessments (Ward 7):
1. Resolution confirming assessments for sewer connection fee and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Michael P. Hart and Tammy A. Hart, 5101 Centaur Street, to pay sewer
connection fee in installments and notice of special assessment lien.
RECOMMENDATION:
Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of the property at 5101 Centaur Street desire to connect their property
to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment
would produce an economic hardship. To assist in paying the connection fee the City has contracted with
the property owners to spread the connection fee over a five (5) year period to be collected with their
property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060.
Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County Tax Collector to collect the
connection fee in five equal payments over the next five years.
de
S:\PROJECTS\SewerConFee\Admin\5101 Centaur Street 372-073-03.doc
February 26, 2008, 4:40PM
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: I ;;J. ('J
['
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
g~
t/~
f~
February 26, 2008
SUBJECT: Resolution of Intention No. 1594 to order the vacation of the 25-foot wide alleyway drive
approach access off Auburn Street located East of Fairfax Road between Auburn Oaks
Drive & Auburn Street. (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The City of Bakersfield is requesting the vacation of the 25-foot wide alleyway drive approach access off
Auburn Street located East of Fairfax Road between Auburn Oaks Drive & Auburn Street. The request is
a requirement from Caltrans for the future development of the Highway 178 interchange off Fairfax Road.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on February 21, 2008 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of March 26, 2008, on the
proposed vacation.
S:\Street Vacations\Alley Auburn St - Hwy 178\1 ROl1594 Auburn Street Alley Access Closure Admin-Consent Calendar.doc
.\11:JVij-=';;'>,
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// C) '!-to,"'GR.;'t !r;V-~~
t:" '; ADMINISTRATIVE REPORT
"{'llIPO
MEETING DATE: March 12,2008
Consent
TO:
Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
,'ROVED
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J0t ~)
,
es
February 12, 2008
SUBJECT: Agreement with Nancy Iparraguirre to purchase real property located at 2717 Hosking Road
for $128,000.00 to widen Hosking Road. (Ward 7)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The property being acquired is located on Hosking Road just west of Highway 99, and consists of
approximately 5,622 square feet of R-S zoned land. The purchase price of $128,000.00 is a product of
negotiations and based on an appraisal prepared by MB Appraisals. Due to the future road width coming
within eight feet of the front of the house, the majority of the purchase price is for severance damages and
block wall construction to buffer the house from the future street. It was cost prohibitive to relocate the
house farther back on the parcel.
In anticipation of the future interchange at Hosking Road and Highway 99, the City is purchasing additional
right of way from a number of parcels along Hosking Road. Hosking Road needs to be improved and
widened to handle current and future traffic flows. The City is purchasing approximately 25 feet along the
frontage of this parcel in order to widen and improve Hosking Road to its full width. The purchase
agreement between the City and the owner outlines the responsibilities of each party.
The Planning Department completed a 65402 Review and found this acquisition consistent with the
Metropolitan Bakersfield 2010 General Plan.
R:\User_Projects\Finance\Property-Management\cwebb\Hosking Road Project\lparraguirre\Council Admin report - Iparraguirre - Purchase
agmt.doc
2/12/2008 11 :42 AM
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: I d., ,,,\
February 21,2008
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY V(?
CITY MANAGER e~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
SUBJECT: License Agreement with North Kern Water Storage District for constructing, operating and
maintaining a twelve inch diameter domestic water mainline along the south side of Snow
Road crossing the Calloway Canal between Jewetta Avenue and Norris Road. (Ward No.4)
RECOMMENDATION: Staff recommends execution of License Agreement.
BACKGROUND:
This license agreement will allow the City to construct, operate and maintain a 12" diameter domestic
water pipeline within the fee simple right-of-way of North Kern Water Storage District's (North Kern)
Calloway Canal. The water main is necessary to connect the existing domestic water service main
located east of Jewetta Avenue along Snow Road to the water service main at Norris Road.
North Kern will allow the use of the property for only the water pipeline, requires the City indemnify North
Kern from damage and liability in the placement of the pipeline within the canal right-of-way and that City
provide insurance coverage through the City's self-insurance program. The term of the agreement is ten
years, with renewals for successive terms of ten years.
February 6, 2008
5:\2008 ADMIN REPORT5\admin 02272008 WaterlineLicAgrmt.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12, 2008
AGENDA SECTION: Consent Calendar
ITEM: I(}. d:;.
J
February 25, 2008
. ~VED
DEPARTMENT HEAD I' L-
CITY ATTORNEY rf72--
CITY MANAGER R.s
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
SUBJECT: Design Consultant Contract ($600,330.00) with Meyer Civil Engineering, Inc., for the
preparation of plans, specifications and estimate in accordance with City requirements for
design of Phase 4 and Phase 5 elements of the Mill Creek Project along the Kern Island
Canal (Ward 2).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: A conceptual plan for a 1.5 mile linear park along the Kern Island Canal in downtown
Bakersfield, known as the Mill Creek Project, was approved by the City Council in December 2003.
Community recommendations for such improvements were generated during the Bakersfield 2020
process. Those ideas were further refined in City sponsored Design Charrettes, where community
members recommended extending park improvements along the Kern Island Canal. The Master Plan for
the project was completed in summer 2007. The Mill Creek Linear Park Project would transform a 1.5
mile portion of the Kern Island Canal, from Golden State Avenue to California Avenue, into a "natural"
creek with a walking path, public art, street furniture, lighting, decorative fencing, landscaping, creation of
a pond in Central Park, and a new pedestrian plaza at 1 ih Street and "R" Street intersection.
The first phase includes enhanced pedestrian crossing at both 19th and 21st streets (street crossing were
designated formally as Phase 3 in the Master Plan Documents) as well as the detailed work within Central
Park. Phase 1 and 3 improvements are currently in construction at this time.
Meyer Civil Engineering has been an integral part of the Mill Creek Project Development, from concept
phases, through the Master Plan procurement process, and now during the ongoing design and
construction of Phase 1 at Central Park. All of the channel improvements and hydraulics design were
performed by Richard Meyer. Because of this extensive knowledge of the project, staff requested Meyer
Civil Engineering to submit a proposal on Phase 4 and 5 of the project. The design plans prepared for this
agreement will allow the significant knowledge gained in the Phase 1 "Design-Build' process to be applied
to construction documents for the last phases of the project. We anticipate that Phases 4 and 5 will be
constructed in the traditional "Bid-Award-Construct" process that is routinely used for Capital Projects.
The Construction Estimate for Phases 4 and 5 is roughly $10 million dollars.
February 28. 2008, 1 :50PM RES - PW Engineering
G:\GROUPDAT\ADMINRPT\2008\03-12\Meyer-MiII Creek Design 4-5.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12, 2008
AGENDA SECTION: Consent Calendar
ITEM: I:l. iL.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
February 25, 2008
SUBJECT: Amendment NO.2 to Agreement No. 07-192 with Meyer Civil Engineering, Inc. ($27,000;
revised not to exceed amount of $172,390) for additional engineering and construction
administration services for the Mill Creek - Phase 1 (Central Park). (Ward 2)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: The City requested that Meyer Civil Engineering (Design Consultant) provide additional
design services for the Mill Creek Liner Park Project Phase 1 project. Currently, the project is under
construction. The work request required additional Electrical Engineering and Construction Administration
Services to meet the desired opening of the park in summer 2008. The amendment will increase the
Design Consultant fee by an additional not to exceed amount of $27,000; therefore, the total not to exceed
contract amount is $172,390.
(tma)
February 28, 2008, 1 :44PM
G:\GROUPDAT\ADMINRPT\2008\03-12\Meyer Phase 1 Mill Creek - Amend No. 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: I/). v.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
February 27, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No.1 to Agreement No. PW07-022 with Loop Electric ($40,000.00, revised not
to exceed $80,000.00) and extending the term for one (1) year for the annual contract for
vehicle loop cutting. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On February 20, 2007, City entered into agreement for the Annual Contract for Vehicle
Loop Cutting for the Public Works Department, in the amount of $40,000.00. The Agreement allows for
four (4) consecutive one-year extensions, if all parties agree. City staff and Loop Electric agree to the
extension under the same terms and conditions. Extending the Agreement allows the City to continue
working with a good provider and saves staff time and efforts required if this item were to be re-bid.
Sufficient funds are budgeted to cover this contract amendment.
Purchasing Division
S:\PURCHIADMINlAmendmentslAmendment #1 to Agreement PW07-022, Loop Electric, AC for Vehicle Loop Cutting, March 12, 2008.doc
February 27,2008, 1:12PM
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM: 1.1 Jd
.' .
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 25, 2008
APPROVED
DEPARTMENT HEAD ~~Vl
CITY ATTORNEY ~
~
CITY MANAGER
Design and Construction Services for Wastewater Treatment Plant NO.3 - 2007
Expansion Project (Ward 6):
1) Amendment NO.4 to Design Consultant Contract No. 04-214 with Parsons Water
and Infrastructure ($2,416,879, for a revised amount not to exceed $12,966,596) for
design engineering and construction services.
2) Transfer $2,416,879 contingency established for the Wastewater Treatment No.3
Expansion Project to the Public Works Department's Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of amendment and transfer.
BACKGROUND: Parsons Water and Infrastructure is the design engineer for the expansion of
Wastewater Treatment Plant 3 Project. Their scope of work includes:
1. pre-design studies,
2. creation of plans and specifications for bidding and construction,
3. engineering support services during the 2 % year construction period which started September
2007 and is scheduled to be complete in March 2010 (includes on-site engineer(s), answering
all technical questions from contractor, subcontractors, vendors, and reviewing and approving
all equipment and material submittals to ensure construction proceeds per Parsons'
specifications ),
4. wastewater plant start-up assistance,
5. creation of operations and maintenance manuals, and
6. on-site training to City staff.
Parsons' scope of work has expanded in complexity since the original agreement in 2004. This is due,
in part, to various design requirements which were unknown at the time of the original agreement.
The first three amendments to this agreement accounted for the majority of the increased scope of
work requirements for the pre-design and design documents. Additional staff-hours are now required
by the designer for support during construction.
A contingency was established for the Expansion Project and was part of the bond proceeds. Use of
this contingency requires Council action. Staff recommends using contingency to fund this
Amendment.
G:\GROUPDA T\ADMINRPT\2008\03-12\Parsons Amendment 4.doc
(fI0nf!./11O,;~0",
ill\'!' B'\J(P~::'".
~";~%/~ ADMINISTRATIVE REPORT
~~"'''~~
~1J,JFO \~~'s'
(C0?.o7l1'lJll{!ll)
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: i;). x,
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Donna L. Kunz, Economic Development Director
I' )
DEPARTMENT HEAD _.~. j '.~-L-'
CITY ATTORNEY ~
CITY MANAGER 'Bs
DATE:
August 29, 2007
SUBJECT: Amendment NO.2 to Agreement No. 00-306 with Community Action Partnership of Kern to
allow Community Action Partnership of Kern obtain construction funding to complete the
Pete H. Parra Child Care Center located adjacent to the Kern County Food Bank at 1825
Felix Drive. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In December of 2000, the City Council approved an agreement with Community Action Partnership of
Kern (formerly known as Kern County Economic Opportunity Corporation) for the acquisition of property
for the construction of a food bank facility and to consolidate programs in a central location at 1825 Felix
Drive. On March 6, 2002, the City Council approved an amendment to the agreement for additional
funding for the design and construction of the facility. A notice of completion for the project was recorded
on July 1, 2003. The term of the agreement under the Community Development Block Grant program
requires staff to monitor the Food Bank on a yearly basis, through July 2, 2008, to ensure the continuance
of the program. To date Community Action Partnership is in compliance with all terms set forth in the
agreement. Effective July 1, 2008, Community Action Partnership will have satisfied all terms required
under the agreement and staff shall reconvey the deed of trust to Community Action Partnership of Kern
County.
Community Action Partnership has requested the City subordinate its current 1 sl trust deed position on the
facility to two new construction loans. Community Action Partnership will be using the construction loans
to complete the Pete H. Parra Child Care facility on the site. The child care facility will cost a total of
$5,500,000. The facility will serve 120 Head Start children and 32 Early Head Start children per day.
Staff recommends approval to subordinate its lien position in order to allow Community Action Partnership
complete the construction of the child care facility.
S:\Admins\City Council\City Council Admins 2008\Cap of Kern.doc
3/4/2008 1 :53 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: /:J. lA..
IJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
.1/f
I{-
February 27, 2008
SUBJECT: Amendment No.1 to Agreement No. 07-084 with Jim Alfter Cement Contractor extending
the term to March 12, 2009 for the annual contract for canal liner repair. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On March 14,2007, Council awarded the Annual Contract for canal liner repair to Jim
Alfter Cement Contractor, Bakersfield, in the amount of $150,000. The Agreement allows for four (4)
consecutive one-year extensions of agreement, if all parties agree. City staff and Jim Alfter Cement
Contractor agree to the extension of Agreement under the same terms and conditions. Extending the
Agreement allows the City to continue working with a good provider and saves staff time and efforts
required if this item were to be re-bid.
Purchasing Division
S:\PURCHIADMINlAmendmentslAmendment #1 to Agreement 07-084, Jim Alfter. AC for Canal Liner Repair, March 12. 2008.doc
February 27, 2008, 12:37PM
ADMINISTRATIVE REPORT
MEETING DATE: March 12, 2008
AGENDA SECTION: Consent Calendar
ITEM: I:), L ~
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Department
A/~OVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER eS
March 4, 2008
SUBJECT: Supplemental Agreement to Agreement No. 81-144 with Union Pacific Railroad Company,
granting the City the right to perform the work necessary to install and maintain a liner
within the existing 42" pipeline along Gosford Road and crossing the Union Pacific Railroad
north of Pacheco Road. (Wards 5 and 6).
RECOMMENDATION: Staff recommends approval of the supplemental agreement.
BACKGROUND: Agreement No. 81-144 grants the City of Bakersfield the right to construct, maintain and
operate the 42" sewer line along Gosford Road, crossing the Union Pacific Railroad Company at Mile Post
322.51. In order to rehabilitate the Gosford Road sewer line, it is necessary to place a cured-in-place liner
within the existing 42" pipeline. This supplemental agreement will grant the City the right to perform the
work as necessary to install and maintain the liner.
(pw I engr I cmw)
March 4, 2008, 1 :07PM
G:\GROUPDAT\ADMINRPT\2008\03-12\Gosford sewer rehab_UP supplement agr_E7K1 03.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: / ,J.. Q(;t. ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 28, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~OVED
)
~
SUBJECT: Contract Change Order No. 4 to Agreement 07-143 with MGE Underground Inc.
($42,844.22 for a revised not to exceed amount of $1,089,813.52) for the Traffic Signal
Interconnect Part 4 along various streets within the City of Bakersfield. (Wards 2 and 3).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Construction on this project began in July, 2007. During construction, an additional 422
feet of 4" Multi-duct Conduit, 1376 feet of 6 strand fiber optic cable, and 2265 feet of 48 strand fiber optic
cable was installed along various portions of Auburn Street and Columbus Street due to the relocation of
many of the conduit runs. An additional 410 feet of 12 pair copper cable was installed along Coffee Road
due to the relocation of conduit runs.
Also during construction, the traffic signal controller cabinet at the intersection of Truxtun Ave. and
Mohawk St. was to be replaced on February 7,2008. Due to the high volume of traffic and the high rate of
speed of the vehicles traveling through this intersection, it was determined that a weekend cabinet
replacement would be safer and less of an inconvenience to commuters. Because of this last minute
change in plan, the City agreed to pay any overtime fees above the normal hourly wage for the contractor
and subcontractor present on the job site.
This is the fourth contract change order to be submitted for the project. This change order will increase
the project total by $42,844.22. The first change order was a project savings in the City's favor of
$52,024.00. The change orders to date on this project reflect a net increase of $50,391.52 (which is an
increase of 4.8% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement atter Change Orders
Net Increase to date
=
$1,039,422.00
$1,089,813.52
$ 50,391.52
.
=
=
Sufficient funds are budgeted to cover this contract change order.
G:\GROUPDATlADMINRPT\2008\03-12IAdmin_Rpt_CCO 4 Traffic Signal Interconnect 4.doc
SP
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: i d. l?b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD //3
CITY ATTORNEY Dt.
f/
CITY MANAGER es
February 27, 2008
SUBJECT: Accept bid and award contract to Judge Netting, Inc. ($43,626.00) for Wayside Park
Softball Field Netting. (Ward 1)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to over one hundred (100) contractors for providing softball
field netting. Three (3) bids were received and are as follows:
BIDDER AMOUNT
Judge Netting, Inc. $43,626.00
Costa Mesa, California
Pats check Construction Company $71,010.00
Camarillo, California
Quality Fence Company, Inc. $91,360.00
Paramount, California
Wayside Park softball field's location is significantly closer to streets, parking and residences than any of
the City's facilities used for recreational league play. This proximity provides a situation whereby softballs
exiting the field of play routinely strike vehicles or residences. The installation of the described netting
system will lessen the opportunity for further damages.
Staff finds the low bid of $43,626.00 from Judge Netting, Inc. to be acceptable and recommends award of
contract. Funds are available in the 2007-2008 Budget.
Purchasing Division
S:\PURCH\ADMIN\Wayside Park Softball Field Netting, 07-08-60, March 12, 2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: Id. c.c...,
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K.Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
March 3, 2008
SUBJECT: Accept bid and award contract to San Joaquin Fence & Supply (not to exceed
budgeted amount of $700,000) for the annual contract for fencing. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to Bid were sent to thirty-three (33) contractors for the Annual
Contract for Fencing. Four bids were received in response to solicitation and are listed below. The
bids are solicited where the City estimates quantities of various fencing components (in this case,
38 separate items). The bidders provide per unit costs for each item as their bid for this contract.
In this case, where the City does not intend to split the bid award, the City determines the lowest
bidder by multiplying the contractor's unit price for each of the 38 separate items by the estimated
number of units for each item to arrive at an estimated total cost figure. There is no guarantee or
promise that the City will actually order the exact number of items; the unit estimates are the City's
best estimate of expected product needs at the time the bid package was distributed.
The actual budget available for this type of work is $700,000. So, even though the mathematical
calculations of the various bidders' unit prices multiplied by the City's estimated number of units
exceeds the budget figure, we only award the contract for the amount of budgeted funds available.
The bidders understand that they are bidding on per unit prices and not an overall dollar award. As
departments make use of the contract throughout the contract period the vendor will cost each
invoice with the per unit prices submitted in their bid. The contract award is for a one year period;
renewable annually for four consecutive one-year periods at the City's option and upon mutually
agreeable terms.
BIDDER
AMOUNT
$ 970,247.78
San Joaquin Fence & Supply
Bakersfield, California
C & H Fence & Patio, Inc.
Delano, California
$1,045,917.34
Rudnick Fence Company
Bakersfield, California
$1,060,052.00
Purchasing Division
S:\PURCH\ADMIN\AC for Fencing, 07-08-67, San Joaquin Fence, March 12, 2008.doc
March 3,2008, 11:07AM
ADMINISTRATIVE REPORT
Fencecorp, Incorporated
Riverside, California
$1,113,053.00
Staff finds the low bid submitted by San Joaquin Fence & Supply to be acceptable.
Purchasing Division
S:\PURCH\ADMIN\AC for Fencing, 07-08-67, San Joaquin Fence, March 12, 2008.doc
March 3, 2008, 11 :07AM
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: I;). cl.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
!lft-
f);;W
P,S
March 4, 2008
SUBJECT: Review of Maintenance Assessments for Special Storm Drain Facilities Required in
Response to the Clean Water Act.
RECOMMENDATION: Staff recommends referral to Planning and Development Committee
BACKGROUND: The Clean Water Act and the National Pollutant Discharge Elimination System have
required that municipalities implement policies and standards to minimize or eliminate pollutants into rivers
and canals. This has obligated the City of Bakersfield to require developers add items to the storm drain
systems designed for their projects that have not been required before - for instance, we now require the
installation of a "separator" in the storm drain system just before it empties the storm water into the sump.
This "separator" cleans out the silts that might otherwise clog the sump and prevent it from draining
properly and also cleans out the trash and oils that might contaminate the ground water. These types of
items are in addition to the current normal design for drainage systems and will require additional
maintenance that is above the norm.
Staff has- prepared for committee discussion a potential change to the maintenance district ordinance
which will allow the City to collect a maintenance assessment for these types of facilities.
mps
March 4, 2008, 4:01 PM
G:\GROUPDA T\ADMINRPT\2008\03-12\MD Ord Referral.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Consent Calendar
ITEM: I.;;, tee.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
March 4, 2008
CITY ATTORNEY
CITY MANAGER
APPROVED
~
/J1M
.
es
SUBJECT: Vacant Building Maintenance Action Plan
Recommendation:
The Legislative and Litigation Committee recommends adoption of the Vacant Building Maintenance
Action Plan, as outlined in attached memo dated February 14, 2008.
Background:
January 15, 2008, staff made a presentation regarding the vacant building ordinance to the Legislative
& Litigation Committee based on Council referral concerning mounting number of vacant buildings
due to loan foreclosures.
In early January this year, the Building Department conducted a survey on vacant building ordinances
adopted in seven (7) California jurisdictions (County of Eldorado, City of Fresno, Manteqa, Palm
Springs, Sacramento, San Diego, and Chula Vista). Key components from the result of surveys
including registration & posting requirements, and administrative citations were analyzed and
compared. Staffing needs and costs associated with implementing a similar vacant building ordinance
were evaluated and discussed during the Legislative & Litigation Committee in January 15, 2008.
Considering staff's presentation on current ordinance as well as constructive comments made by the
Bakersfield Association of Realtors (BAR), the Legislative & Litigation Committee directed staff to
meet with BAR and study the feasibility of developing a vacant building registration process. In
following the committee's direction, staff hosted two separate meetings with the representatives from
BAR on January 23 and February 13, 2008.
Staff and BAR agreed to work together in dealing with the vacant buildings in Bakersfield, and as
such, made a joint recommendation to the Committee on February 19, 2008. (Refer to attached
memo) Representatives from BAR attended and voiced their support. Committee reviewed and
endorsed staff's recommended action plan to move forward.
March 5. 2008. 8:42AM
S:\Dana\ADMINS\2008\Mar\3-12-Vacant Buildings.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 12,2008
AGENDA SECTION: Hearings
ITEM: 1'1. CL.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 14, 2008
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY nJtJ
CITY MANAGER Rs
SUBJECT: Protest hearin~ as required by Resolution of Intention No. 1580 proposing to add territory,
Area 4-82 (34 Street from "Q" Street to Union Avenue) to the Consolidated Maintenance
District.
1. Resolution adding territory, Area 4-82 (34th Street from "Q" Street to Union Avenue), to
the Consolidated Maintenance District and confirming the assessments, approving the
Public Works Director's Report and authorizing collection of assessments by the Kern
County Tax Collector. (Ward 2)
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City is proposing to construct median islands and install street landscaping
including trees, lights and automatic irrigation in 34th Street from "Q" Street to Union Avenue. To provide
for the maintenance for the street landscaping this resolution proposes to add territory Area 4-82
(34th Street from "Q" Street to Union Avenue) to the Consolidated Maintenance District.
This hearing is to hear protests to adding Area 4-82 (34th Street from "Q" Street to Union Avenue) to the
Consolidated Maintenance District.
The resolution proposes to add territory Area 4-82 (34th Street from "Q" Street to Union Avenue) to the
Consolidated Maintenance District. Area 4-82 is generally bounded by Union Avenue on the east, "Q"
Street on the west, 36th Street on the north, 33rd Street on the south with all maintenance improvements
being on 34th Street.
Within the proposed 34th Street Maintenance District, there are 37 parcels. As of February 13, 2008
sixteen yes ballots have been received that total 78.6% of the estimated Maintenance District Cost.
Notices were sent out to each property owner within the area. On January 18, 2008 the ballots were sent
to each property owners within the area by mail. Ballots may be returned up to the close of the protest
hearing. This area will be under the streetscape zone of benefit and when street landscaping and lighting
improvements have been installed, assessed an amount for street tier 2.
The addition of this territory to the Consolidated Maintenance District complies with the requirements of
Proposition 218.
February 14, 2008, 2:13PM
P:\34th Street MD\MD4-82EstOB.doc
ADMINISTRATIVE REPORT
MEETING DATE:
March 12,2008
AGENDA SECTION: Hearings
ITEM NO: /1. b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
February 28, 2008
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER . P.s
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 AIA/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 City Council public hearing for this item was initially scheduled for February 27, 2008; the Council continued
this item to the March 12, 2008 meeting. No discussion of the item took place.
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 corner, a total of approximately 17,000 square feet of leasable retail space is available, consisting
February 28, 2008, 10:14AM
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ADMINISTRATIVE REPORT
page 2
of a pad for a 5,000 square foot building and approximately 12,000 square feet of inline space. According to the
owner of the center at the southeast corner, 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 corners 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 corner 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 would 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, objectiws 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. 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 corner 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 28, 2008, 10:14AM
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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 corner 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 CEQA, 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 CEQA document for the Zone Change to Commercial Office in 2005.
Staff reSDonse: Pursuant to State CEQA 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 pennitted by right in the C-O zone may occupy the structure without further CEQA review simply
by meeting the requirements of ministerial building penn its, which are not subject to CEQA review. The approval
of a conditional use penn it is considered a discretionary action under CEQA. Although discretionary actions are
subject to the provisions of CEQA, 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 CECA. 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 Adjustmenfs decision to approve
the proposed conditional use pennit.
FeIxu8ry 28,2008, 10:14AM
S:\DanaIADMINS\2008\FabI2-27-2183 CUP. doc
ADMINISTRATIVE REPORT
MEETING DATE:
March 12, 2008
AGENDA SECTION: Hearings
ITEM NO: I if. c,
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT: Zone Change 06-1149/ Planned Development Review 07-1558 (Mustang Square) - Appealed
(Ward 5)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
March 4, 2008
Todd Smith, Cannon & Associates representing the property owner Mustang Square, LLC,
applied for a zone change and planned development review of an 89,536 square foot shopping
center on approximately 10.98 acres at the southeast comer of White Lane and Buena Vista
Road. An appeal of the Planning Commission's approval was submitted by Mr. Blain Franzen.
1. First reading of an ordinance adopting a Negative Declaration and amending Section
17.06.020 (Zone Map 123-18) of Title 17 of the Bakersfield Municipal Code from C-1
(Neighborhood Commercial) to C-2/PCD (Regional Commercial/Planned Commercial
Development Overlay) on approximately 10.98 acres, and denying the appeal to the zone
change.
RECOMMENDATION:
Staff recommends acceptance of withdrawal by applicant of Planned Development Review
and give first read;ng to nrd;n~nc~.
BACKGROUND:
This matter was continued from January 30, 2008 at the request of both the appellant and applicant.
The project initially included two applications (1) a zone change request from C-1 to C-2/PCD, and (2) a planned
development review of the site plan, including architectural elevations of the shopping center. In his letter dated
March 3, 2008, the applicant, Mr. Tom Carosella, has withdrawn the application concerning the planned
development (PD) review. Mr. Carosella states that they are making significant design changes to the center to
enhance its architecture and relocate the car wash to minimize concerns from the neighborhood, which would
require a new PD review application. Rather than have the City Council consider a plan that will not be realized,
the new layout and revised architectural design will be re-submitted and reviewed by the Planning Commission
at a future public hearing. Neighbors will be noticed and provided the opportunity to comment on the new plans.
The Commission will also be able to apply the city's architectural design requirements for a large retail center in
addition to conditions appropriate for the new plan and those required by this zone change.
Although the current C-1 zoning on the site will allow commercial development of a neighborhood shopping
center, the applicant's requested zone change to C-2/PCD will also permit the inclusion of restaurant drive-thru
services, on-site consumption of alcohol (in conjunction with a restaurant), and a car wash. All other proposed
uses are currently permitted by right in the C-1 zone. Technical studies to address environmental concerns
regarding noise (car wash), air quality and cultural resources were included in the initial study/negative
March 4, 2008, 9:58AM
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ADMINISTRATIVE REPORT
page 2
declaration. The City Traffic Engineer did not require a specific traffic analysis since the site was previously
studied for commercial development when the general plan changed in 1991. The intended development does
not exceed those earlier traffic assumptions in that analysis, and the project will be required to pay appropriate
traffic mitigation fees, and improve the frontages of both White Lane and Buena Vista Road to full arterial street
standards, including enhanced intersection improvements and right-tum lanes.
The Planning Commission conducted a public hearing on October 18th, which was continued to November 1st to
allow staff to respond to questions and add/modify conditions. The Commission had three areas of concem;
traffic circulation from the drive-thru restaurants, noise from the car wash, and on-site consumption of alcohol.
Revisions agreed to by the applicant include limiting the site to two drive-thru restaurants, that on-site
consumption of alcohol only be permitted upon approval of a conditional use permit, increase the landscaped
setback along the southern property line next to the car wash to 18 feet if it is located at the southerly end of the
property (originally proposed at 7 feet), prohibit outdoor amplified sound (concern from the car wash but applies
to the entire center), restrict delivery hours to only occur between 7 am - 10 pm, and add sound absorbing
panels to the car wash canopy.
Ten individuals spoke at the two meetings, three in support and seven in objection. Supporters noted the need
to have services and employment within walking distance of their neighborhoods to reduce driving to other
areas. Objections were about keeping the project more neighborhood oriented without drive-thru restaurants
and the traffic problems they cause, and that the proposal was an attractive nuisance to students attending
Stockdale High School. The principal from Stockdale High School also spoke with concerns about increased
traffic and preferred to keep the existing C-1 zone in place.
The Planning Commission approved the project with negative votes from Commissioners Tragish and Tkac.
Both Commissioners commented that they felt the existing C-1 zone was more appropriate for the site and less
intrusive to the neighborhood since the car wash and drive-thru restaurants would not be permitted.
APPEAL:
Mr. Franzen's appeal letter lists nine reasons the Planning Commission's approval should be overturned. Below,
is a summary of his comments vvith staffs response in italics:
1. The Commission acted unlawfully oer BMC 17.64.070.
Section 17.64.070 requires the need for a public hearing, notice and decision by the Commission.
Notice was provided to all property owners within 300 feet of the site, published in the Bakersfield
Californian and the site was posted with two 4' x 8' signs identifying the project. The Commission heard
public testimony and considered the evidence over two public meetings held on October 1 FJh and
November 1st, 2007, all in accordance with city and state laws.
2. The Commission conducted business outside the oublic hearing.
The Commission disclosed and conducted all business regarding the project during the two public
meetings. Additionally, all of the Commissioners noted publicly that they had been contacted by the
developer, and some further noted being contacted by neighboring property owners.
3. The Commission necotiated on the neichborhood's behalf without their (neighborhood) authority.
Neighborhood residents provided comments and opinions regarding the project at the public hearing.
The resulting decision took into consideration those comments and the developer agreed to revise the
project in response to Commissioner and publiC concerns. The appeal process provides additional
opportunity for the public to comment on the project.
MBfCh 4, 2008, 9:58AM
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ADMINISTRATIVE REPORT
page 3
4. Concerns about the increased automobile emissions to residents from the drive-thru restaurants.
The applicant submitted a detailed air quality study that analyzed dust and construction emissions from
construction, building emissions (ie. heating and energy usage), off site emissions from the anticipated
increase of traffic on area roads, and automobile emissions from onsite circulation, including idling and
starting/stopping. The analysis found that the proposal did not exceed thresholds established by the San
Joaquin Valley Air Pollution Control District (SJV APCD) concerning air emissions or adverse affects to
public health. The SJVAPCD received this report and had no comments on its conclusions. The project
also incorporates emission reduction goals by including pedestrian walkways, extensive landscaping and
open space, bicycle parking areas, and energy efficient buildings. Residents in support of the project
noted that necessary services would now be within walking distance of their homes, thereby reducing
overall emissions from automobiles.
5. Concerns about increased likelihood of West Nile Virus from the sumo and carwash.
The car wash is designed with drains to re-circulate water for conservation purposes so there will not be
standing water onsite to encourage mosquito breeding. The sump will be designed to percolate water
within 7 days as required by City standards, and be maintained to prevent mosquitoes and other vectors.
6. Constitutional richts denied for area residents.
No constitutional rights were denied. Residents were free to attend the meeting and voice their opinion
of the project without fear of reprisal or an-est.
7. Development does not conform to the area.
The property has been zoned commercial since 1991. Many of those commenting noted they were
aware of the commercial zoning and that commercial development was inevitable. The Commission's
approval was sensitive to resident's concerns by the imposition of additional project conditions to ensure
the development was consistent with area development.
8. Develooment will be a nuisance to residents and the hich school.
See responses to #7 and #9.
9. The develooment is blicht
Blight is where buildings have fallen into a state of disrepair, deterioration, dilapidation and decay. This
is not the case for this site. The site is cun-ently undeveloped and causes nuisances due to dust, weeds,
illegal parking and dumping. The proposal will enhance the area and provide needed services to the
neighborhood.
CONCLUSION:
Based upon an initial study, staff has determined that the proposed project, with mitigation, could not have a
significant effect on the environment. Therefore, the Planning Commission approved a Negative Declaration for
this project in accordance with the California Environmental Quality Act (CEQA).
All environmental issues have been mitigated and the project has been conditioned to ensure that it is consistent
with area uses and with the goals and policies of the city's development standards. Therefore, it is
recommended that the appeal be denied and that the Planning Commission's approval be upheld.
March 4, 2008, 9:68AM
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ADMINISTRATIVE REPORT
MEETING DATE: March 12, 2008
AGENDA SECTION: Hearings
ITEM: It-!, J..
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
March 4, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER /?S
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 13th, 2008. The second
reading was given on the February 27'h, 2008 meeting and continued to the March 12th, 2008 meeting.
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.
TT:tt
3/4120089:48:13 AM
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 27, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Sullivan, Scrivner
Absent:
Councilmember Couch.
2. PUBLIC STATEMENTS
a. Cassie Daniel, Home Builder's Association of Kern
County, spoke and provided written material, and
Dave Dmohowski, on behalf of Old River Ranch,
spoke regarding the Transportation Impact Fee
Program.
3. WORKSHOPS
a. Update of the Transportation Impact Fee Program.
Public Works Director Rojas introduced Civil
Engineer Marian Shaw, who presented an overview
of the program and provided handouts.
Vice-Mayor Hanson requested the Planning and
Development Committee review Transportation Impact
Fees, bonding issues, repayment and related issues,
and report to Council.
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)
Bakersfield, California, February 27, 2008 - Page 2
4.
CLOSED SESSION continued
ACTION TAKEN
c. Conference with Legal Counsel - Potential Initiation
of Litigation: Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
Matter)
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:29 p.m.
APPROVED
AB COUCH
Motion by Councilmember Benham to adjourn from
Closed Session at 6:08 p.m.
APPROVED
AB COUCH
RECONVENED MEETING - approximately 6:31 p.m.
Mayor Hall called for a moment of silence in tribute
to former Ward 1 Councilmember Lynn Edwards,
who served from 1989 to 1994.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Sullivan, Scrivner
Absent:
Councilmember Couch
6. INVOCATION by the Reverend Curtis Jenkins, Tri-Stone
Baptist Church.
7. PLEDGE OF ALLEGIANCE by Brianna Klopfenstein, 6th
grade student, Norris Middle School.
Mayor Hall acknowledged the Bakersfield College
government class along with their instructor, Corney
Rodriguez, and Boy Scout Troop 144, the Meadows
Ward of the LDS Church, in attendance at the
meeting.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
NO REPORTABLE
ACTION
b.
Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9 (One issue)
NOT HEARD
Bakersfield, California, February 27,2008 - Page 3
8.
CLOSED SESSION ACTION continued
ACTION TAKEN
c.
STAFF GIVEN
DIRECTION
Conference with Legal Counsel - Potential Initiation
of Litigation: Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
Matter)
9. PRESENTATIONS
None.
10. PUBLIC STATEMENTS
a. Jan Gerry, on behalf of Citizens for a New Oildale,
spoke regarding landscaping/streetscaping and
provided handouts.
Councilmember Benham requested staff address Ms.
Gerry's request.
b. Dean Gardner spoke regarding train noise and
provided written material.
Vice-Mayor Hanson requested the Railroad Ad Hoc
Committee review liability issues.
c. Community and Economic Director Kunz introduced
Don Cohen, the new Convention and Visitor's
Bureau Manager. Mr. Cohen made comments.
11. APPOINTMENTS
None.
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.
AS WEIR
12.
Bakersfield, California, February 27,2008 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
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).
FR
d.
FR
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)
e.
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map No.1 02-06) 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.)
FR
Resolutions:
f.
RES 031-08
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.
12.
Bakersfield, California, February 27,2008 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
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
RES 032-08
g.
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.
RES 033-08
1.
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.
RES 034-08
j.
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.
RO/1591
k.
ROl1592
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.
ROl1593
Bakersfield, California, February 27,2008 - Page 6
12.
CONSENT CALENDAR continued
ACTION TAKEN
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.
AGR 08-040
n.
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.
AGR 07-194(1)
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.
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.
AGR 06-067CC02
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.
AGR 07-190(1)
2. Appropriate $15,188.00 developer's
contribution to the Development Services
Operating Budget in the General Fund for
the EIR consultant.
12.
Bakersfield, California, February 27,2008 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
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.
AGR 06-159(2)
s.
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.
AGR 07-184(1)
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.
AGR 07-373(1)
u.
AGR 07-167(2)
Bids:
v. Accept bid from Kern Electric Distributors
($280,032.97) for decorative lights and bollards for
the Mill Creek Linear Park project.
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.
Bakersfield, California, February 27,2008 - Page 8
12.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
x. 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.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.
Motion by Councilmember Hanson to approve Consent
Calendar items 12.a. through 12.x. with the deletion of
item 12.0.
APPROVED
AS COUCH
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
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.
CONTINUED TO
3-12-08
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.
City Clerk McCarthy announced correspondence
was received from staff and Robert Lusich
requesting hearing item 14.a. be continued.
Staff comments by Public Works Director Rojas.
Hearing opened at 6:52 p.m.
Robert Lusich, on behalf of Ernie Antongiovanni and
family, spoke in support of continuing the hearing.
Motion by Vice-Mayor Hanson to continue the hearing
to the March 12, 2008 Council meeting.
APPROVED
AS COUCH
14.
HEARINGS
Bakersfield, California, February 27,2008 - Page 9
ACTION TAKEN
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)
CONTINUED
1. Resolution denying the appeal and
upholding Conditional Use Permit No. 07-
2183.
Development Services Director Grady made staff
comments and recommended, due to the illness of
Councilmember Couch, the hearing be continued to
a Council meeting in March.
Hearing opened at 6:54 p.m.
David Gay spoke in favor of continuing the hearing.
Motion by Vice-Mayor Hanson to continue the hearing
to a March meeting date.
APPROVED
AS COUCH
15. REPORTS
None.
16. DEFERRED BUSINESS
a. General Plan Amendment/Zone Change 05-1580
(Ten Section), Jim Manley, representing 10 Section
LLC (property owner) has applied for a general plan
amendment and zone change on 220-acres located
on the south of Panama Lane and east of Nord
Avenue. Jim Manley has appealed the Planning
Commission decision.
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment
05-1580, known as the 10 Section
Project.
RES 035-08
Bakersfield, California, February 27,2008 - Page 10
16.
DEFERRED BUSINESS
Item 16.a. continued
ACTION TAKEN
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.
RES 036-08
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.
FR
Development Services Director Grady made staff
com ments.
Motion by Vice-Mayor to adopt the Resolution and give
first reading to the Ordinance.
APPROVED
AS COUCH
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham thanked staff for the traffic signal
at 26th and F Streets.
Councilmember Benham requested staff address
maintenance issues on the bikepath and provided
contact information.
Councilmember Carson made comments regarding the
passing of former Councilmember Lynn Edwards and
requested the meeting be adjourned in Mr. Edward's
memory.
Councilmember Scrivner requested the Budget and
Finance Committee review a proposal from Kern
Refuse Disposal Inc., for a transfer station and MURF
as proposed to the SWMAC Board on February 1Sh.
Councilmember Scrivner provided a packet of
information from the Fresno Parks Department
regarding their after school recreational program;
requested staff review the information and forward to
the Safe Neighborhoods Committee for review and
possible implementation in our community.
Bakersfield, California, February 27, 2008 - Page 11
18.
MAYOR AND COUNCIL STATEMENTS
Councilmember Scrivner requested staff contact Rob
Boyle & Associates to determine the benefit in
requesting a presentation regarding graffiti control.
Vice-Mayor Hanson made comments regarding graffiti
abatement efforts in the Silver Creek area.
Vice-Mayor Hanson requested staff analyze the benefit
of establishing railroad quiet zones in the southwest
part of town.
Vice-Mayor Hanson welcomed Officer Eddy home and
wished him luck.
Councilmember Sullivan made comments regarding Officer
Eddy and wished her daughter, Julie Boden happy birthday.
Mayor Hall wished Officer Eddy well and thanked the
Bakersfield Police Department.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:15 p.m. in honor
of former Councilmember Lynn Edwards.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
S:\CounciI\MINUTESI2008\Feb 27.doc
ACTION TAKEN
Bakersfield, California, February 27, 2008 - Page 12