HomeMy WebLinkAbout03/26/08_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MARCH 26, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision(a) of Government Code Section 54956.9 for the following cases:
1. Ana Robledo, et al v. Thomas Lee Holt, Jr., COB, BPD, et al
Kern County Superior Court Case No. S-1500-CV-258070-WDP
2. City and California Water Service v. Dow Chemical Company, et al
San Mateo County Superior Court Case No. CIV 470999
3. DKS Investments, LLC; John M. Tarabino & Joseph A. Tarabino; Canyons, LLC;
and General Holdings, Inc. v City; Bakersfield City Council; and Does 1-40 inclusive
Kern County Superior Court Case No. S-1500-CV -259731-KCT
b. 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 Bishop Bernard Wallace, Church of Christ Christian Ministries.
7. PLEDGE OF ALLEGIANCE by Darby Sward, 5th Grade Student, Ronald Reagan Elementary.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Mr. John Nilon, Director of Public Health
Services, Kern County Department of Public Health, proclaiming April 7-13, 2008 as Public
Health Week.
b. Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for One
Legacy, proclaiming April, 2008 as National Donate Life Month.
PUBLIC STATEMENTS
10.
11.
APPOINTMENTS
a. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of
Elizabeth Gosling, whose term expires November, 2010.
Staff recommends Council determination.
b. One appointment to the Historic Preservation Commission due to the expiration term of
Ann Sullivan, whose term expires March 30, 2008.
Staff recommends Council determination.
(Ward 4)
12. CONSENT CALENDAR continued
(Ward 7)
(Ward 4)
(Ward 5)
(Ward 5)*
(Ward 5)
(Ward 2)
. upon annexation
Minutes:
a. Approval of minutes of the March 12, 2008 Regular City Council Meeting.
Payments:
b. Approval of department payments from February 29,2008 to March 13,2008 in
the amount of $23,966,495.13 and self-insurance payments from February 29, 2008 to
March 13, 2008 in the amount of $233,191.82.
Ordinances:
First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map No. 123-36) of the Municipal Code by changing the zoning from C-1 (Neighborhood
Commercial) to C-21PCD (Regional CommerciaVPlanned Commercial Development) on 13
acres located on the south side of Hosking Avenue, and both sides of Hughes Lane (ZC
07-1724) (John Balfanz)
First Reading of Ordinance approving a Negative Declaration and amending Title 17 (Zone
Map Nos. 101-02, 101-03, 101-04, 101-10 & 101-11) of the Municipal Code for five zone
changes with: two zone changes from C-21PCD (Regional CommerciaVPlanned Commercial
Development) to DI of 5.01 acres and 5 acres for a total of 10.01 acres; from R-1/PUD (One-
Family Dwelling/Planned Unit Development) to DI on 5.0 acres; from R-1 (One-Family
Dwelling) to DI on 5.01 acres and from M-1 (Light Manufacturing) to DI on 5.0 acres within
the Rosedale Ranch development area located on the northwest corner of Olive Drive and
Renfro Road, south of Seventh Standard Road, east of Santa Fe Way. (ZC 07-0898)
(Applicant: Rick Engineering Company/Property Owners: Gardiner Family, LLC and
Rosedale Farming Group)
Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map
No. 123-18) of the Municipal Code from C-1 (Neighborhood Commercial) to C-21PCD
(Regional Commercial! Planned Commercial Development Overlay) on approximately 10.98
acres located at the southeast corner of White Lane and Buena Vista Road (ZC 06-1149)
(FR 03/12/08)
Adoption of Ordinance amending Title 17 (Zone Map No. 122-28) of the Municipal Code by
changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 220-acres
generally located along the south side of Panama Lane between Nord Avenue on the west
and Kern County Water Bank Authority on the east and the south. (ZC 05-1580) (Applicant:
Jim Manley/Property Owner: 10 Section LLC). (FR 02/27/08)
Resolutions:
c.
d.
e.
f.
g. Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of the assessments by the Kern County Tax
Collector.
Resolution approving application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 549 consisting of 39.90 acres, located on the
northeast corner of Old River Road and McCutchen Road.
h.
i.
Resolution of Intention No. 1590 calling a public hearing to determine whether public
necessity, health, safety or welfare requires formation of an underground utility district within
designated area - District No.2, Division 32 (South Mill Creek Mixed-Use Project).
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City Council Meeting of 3/26/2008
12. CONSENT CALENDAR continued
(Ward 2)
j.
(Ward 3,5)
(Ward 1)
(Ward 3)
(Ward 1,2)
(Ward 3)
(Ward 2,5)
(Ward 1)
Resolution of Intention No. 1595 to order the vacation of East 21st Street between Beale
Avenue and King Street and the alley located between East 21st Street, King Street, Sumner
Street and Beale Avenue.
Agreements:
Final Tract Map and Improvement Agreements:
1. Improvement Agreements with Ocean Breeze Investments, for Parcel Map 11688
located south of Meany Avenue and west of Patton Way.
2. Final Map and Improvement Agreements with McMillin Albany, LLC., for Tract Map
6169 located south of Pacheco Road and west of Gosford Road.
Agreement with Bakersfield Senior Housing, Inc. ($50,000 Community Development Block
Grant Funds) to purchase and install a security fence at Lowell Place Senior Apartments
located at 500 "RIO Street.
m. Agreement with Wilson & Associates (not to exceed $100,000) for processing of developers'
improvement acquisition requests for authorized improvements within the City's various
Assessment Districts.
k.
I.
Ditch Eradication and Pipeline Easement Agreement with Virginia Engineering &
Construction Company, Inc. for canal located west of Patton Way and north of Meany
Avenue.
o. Agreement with Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter
($62,800) for full scope annual audit of the 2007-08 fiscal year.
n.
p.
Cooperative Agreement with the State of California Department of Transportation to
construct a new freeway connection between State Route 58 (SR-58) and the eastern
terminus of the Westside Parkway, known as the Centennial Corridor Project. (TRIP)
Amendment NO.1 to Agreement No. 07-366 with Moore lacofano Goldsman, Inc. ($18,830;
total not to exceed $438,870) for an aerial photograph, topographic site survey and updates
to the grading and site plans for the Mesa Marin Sports Complex Project.
Federal Emergency Management Agency Levee Accreditation Program:
1. Amendment No.1 to Agreement WR07-011 with Meyer Civil Engineering, Inc.
($265,000; revised not to exceed $300,000) to complete a field investigation and
engineering study of City operated and maintained levees throughout Bakersfield.
2. Appropriate $265,000 Levee District Fund Balance to the Water Resources Capital
Improvement Budget within the Agriculture Water Fund.
Amendment NO.1 to Agreement 07-085 with Stinson's Stationers, Inc. ($350,000; revised
not to exceed $700,000) and extending the term to March 12,2009 for office supplies.
Amendment No.2 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Inc.
($250,000; revised not to exceed $600,000) for irrigation and landscaping services.
Amendment NO.4 to Agreement No. 00-95 with William Avery and Associates, Inc. (not to
exceed $52,000, including expenses) for negotiation and consultant services in employer-
employee relations for a one year term.
Contract Change Order NO.1 to Agreement No. 07-317 with Floyd Johnston Construction
Company, Inc. ($152,678.00; revised not to exceed $1,513,728.00) for the project known as
Northeast Sewer Phase 2: Redbank Road Extension.
q.
r.
s.
t.
u.
v.
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City Council Meeting of 3/26/2008
12. CONSENT CALENDAR continued
(Ward 1,6)
(Ward 4)
(Ward 2,3,4,6,7) y.
Bids:
Accept bid from Geocon Inland Empire Incorporated (not to exceed $45,500) for
groundwater sampling and reporting to comply with Wastewater Treatment Plant Discharge
Permits.
Traffic Signal and Lighting System Installation at Old River Road and White Oak Drive:
1. Accept bid and award contract to Loop Electric ($148,056.00) for the project.
2. Transfer $100,000 from Public Works Capital Improvement Project (Ming
Improvement Edna to Anita) to the Capital Improvement Budget within the Gas Tax
Fund.
Accept bid and award contract to Loop Electric, Inc. ($389,896.00) for the installation of
Traffic Signal Interconnect - Part 5.
Miscellaneous:
w.
x.
Staff recommends adoption of Consent Calendar items a through y.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
(Ward 3)
(Ward 6)*
Public Hearing to consider Resolution ordering 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.
Staff recommends adoption of resolution.
a.
Public Hearing to consider Resolution denying the appeal by Daybreak Baptist Church and
upholding the Planning Commission's decision approving Mcintosh & Associates,
representing Centex Homes (property owner) application for Vesting Tentative Tract
Map 6760 on 8.92 acres located on the north side of State Route 119 (Taft Highway)
between Stine Road and Ashe Road.
Staff recommends continuing hearing to the April 23, 2008 meeting.
b.
15. REPORTS
16. DEFERRED BUSINESS
17. NEW BUSINESS
a. Request by Councilmember Scrivner to consider Resolution regarding the Second
Amendment.
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
3/20/08 9:05am
Respectfully submitted,
qi...:-'.J ~~
/sv Alan Tandy
City Manager
4
City Council Meeting of 3/26/2008
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AGENDA HIGHLIGHTS
MARCH 26,2008 COUNCIL MEETING
REGULAR MEETING - 5:15 O.m.
CLOSED SESSION
There will be a conference with legal counsel regarding three cases of existing litigation, and the City
Manager's evaluation will be discussed.
CONTINUATION OF REGULAR MEETING - aDDroximatelv 6:30 D.m.
APPOINTMENTS
There will be one appointment each to the Keep Bakersfield Beautiful Committee and Historic Preservation
Commission.
CONSENT CALENDAR
Ordinances
Item 12c. First Readinc of an Ordinance Aoorovina a Necative Declaration and Amendinc the Municioal Code
bv Chancinc the Zoninc from a C-1 (Neichborhood Commercial) to a C-21PCD (Reaional Commercial/Planned
Commercial DeveloDment) on 13 Acres Located on the South Side of Hoskina Avenue on Both Sides of
Huches Lane. The applicant, John Balfanz, proposes a shopping center adjacent to the Hosking Avenue and
Freeway 99 interchange. The request is consistent with the general commercial General Plan Land Use
designation. The site is currently undeveloped. The Planned Development Overlay (PCD) portion of the zone
change requires the developer to submit Preliminary Development Plans for Planning Commission review.
The Plans include the site plan, landscaping plan, elevations, parking modules with pedestrian paths. On
, February 7, 2008, the Planning Commission recommended adoption by the City Council. No one spoke in
I opposition to the project.
Item 12d. First Readinc of an Ordinance Aoorovinc a Necative Declaration and Amendina the Municioal Code
for Five Zone Chances on 25.02 Acres Located on the Northwest Corner of Olive Drive and Renfro Road.
South of 7th Standard Road. East of Santa Fe Way. Rick Engineering Company, representing Gardiner
Family, LLC and Rosedale Farming Group, propose to establish five DI (Drill Island) zones for the Rosedale
Ranch development area. This request is the result of a Settlement Agreement between the mineral rights'
owner (Vintage Petroleum), the landowner of Rosedale Ranch development area and the City. The
Agreement requires the landowner to establish the islands for Vintage's future mineral production in exchange
for surface waivers for the remainder of Rosedale Ranch. On February 21, 2008, the Planning Commission
recommended approval of the zone change by the City Council. No one spoke in opposition to the project at
the Planning Commission hearing.
Aareements
Item 12p. Coooerative Acreement with the State of California Deoartment of Transoortation (Caltrans) to
Construct a New Freewav Connection between State Route 58 lSR-58) and the Eastern Terminus of Wests ide
Parkway. known a the Centennial Corridor Proiect. Caltrans, Kern Council of Governments (KernCog), Kern
County and the City signed a Project Charter that conceptually defined roles and responsibilities for developing
the project. A Cooperative Agreement has now been developed that legally defines the responsibilities of both
Caltrans and the City regarding development of the project. This is a standard agreement required by
Caltrans.
Item 12r. Amendment No.1 to Acreement No. WR 07-011 with Mever Civil Enaineerina. Inc. to Comolete a
Field Investication and Enaineerinc Study of Citv-Ooerated and,Maintained Levees in the amount of 5265.000.
for a revised not to exceed amount of 5300.000. The Department of Homeland Security's Federal Emergency
Management Agency (FEMA) is currently in the process of producing a countywide flood insurance report and
Digital Flood Insurance Rate Maps (DFIRM) for Kern County. As part of the process, FEMA determined that
sections of the Kern River Levee System through Bakersfield require documentation to show these levees
meet Federal criteria. The City's deadline to submit the documentation is July 22, 2009. This Amendment will
modify the agreement to include consulting services to complete a field investigation and engineering analysis
of City-operated levees. The Water Board unanimously approved the Amendment on March 5, 2008 and
recommends Council approval. An appropriation is needed to fund the work.
Item 12v. Contract Chanee Order No. 12 to Aereement No. 07-317 with Flovd Johnston Construction Co.. Inc.
for the Northeast Sewer Phase 2: Redbank Road Extension oroiect in the amount of $152.678. for a revised
not to exceed amount of $1.513.728. This project provides for installing a 42-inch trunk sewer line on
Redbank Road between Oswell Street and Mira Monte High School. This Change Order is necessary to fund
a new 10-inch sewer line on Zephyr Lane between Oswell and Workman Streets that will connect these homes
to the sewer treatment plant. Previously, there was a temporary line operated by the Kern Sanitation
Authority.
Bids
Items 12x. and 12y. Award Contracts to Looo Electric for the Traffic Sienal and Liehtine SYStem at the
Intersection of Old River Road and White Oak Drive and for the Traffic Sienal Interconnect - Part 5 Proiect in
the amounts of 5148.056 and $389.896. resoectivelY. The first project consists of installing a complete traffic
signal and lighting system, providing synchronization between signals, modification of pavement markings, and
reconstructing access ramps to meeting ADA requirements. This will be funded entirely by Gas Tax Funds.
Four acceptable bids were received.
The second project will install traffic signal interconnect conduit and wiring at eight locations as detailed in the
administrative report. This will be funded with Congestion Mitigation and Air Quality Program (CMAQ) funds.
The Federal portion of this project will be 88.53% while the City will pay 11.47% with Gas Tax Funds. Seven
acceptable bids were received.
HEARINGS
Item 148. Public Hearine to Consider a Resolution Orderina the Vacation of a 25-Foot Wide Allevwav Drive
Aocroach Access off Auburn Street. East of Fairfax Road between Auburn Oaks Drive and Auburn Street. The
request is a requirement from Caltrans for the future development of the Highway 178 Interchange off Fairfax
Road. No objections have been received.
Item 14b. Public Hearine to Consider a Resolution Denyina the Aoceal by Daybreak Baotist Church to the
Plannina Commission's Decision to Aoorove an Acclication for a Vestine Tentative Tract Mac on 8.92 Acres
Located on the North Side of State Route 119 {Taft Hiehwayl between Stine Road and Ashe Road. Mcintosh
& Associates, representing Centex Homes, (the property owner), propose a single-family development. Due to
an error by the Bakersfield Californian, the required public notice was not published. Therefore, this item
cannot be heard at this meeting. Staff recommends opening the Hearing and continuing it to the Council
meeting scheduled for April 23, 2008. ' .
NEW BUSINESS
Item 178. Reauest by Councilmember Scrivner to Consider a Resolution reaardine the Second Amendment.
Councilmember Scrivner requested that this item be placed on .this agenda. Staff has no comment.
Approved:
Rhonda Smiley, Assistant to the City Manager &
cc: DepartnnentHeads
City Manager's File
City Clerk's OffIce
News Media File
Agenda Highlights - March 26, 2008 Council Meeting
Page 2
ADMINISTRATIVE REPORT
AGENDA SECTION: Consent Calendar
ITEM: 4,~,'b.
MEETING DATE: March 26,2008
TO:
FROM:
DATE:
SUBJECT: 1.
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
vCr
'0&
es
March 18, 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
(Three cases).
. Ana Robledo, et al v. Thomas Lee Holt, Jr., COB, BPD, et al
Kern County Superior Court Case No. S-1500-CV-258070-WDP
. California Water Service and COB v. Dow Chemical Company, et al
San Mateo County Superior Court Case No. CIV 270999
. DKS Investments, LLC; John M. Tarabino and Joseph A. Tarabino;
Canyons, LLC; and General Holding, Inc. v. The City of Bakersfield;
Bakersfield City Council, and Does 1 through 50, inclusive
Kern County Superior Court Case No. S-1500-CV-259731-KCT
2. Public Employee Performance Evaluation - City Manager
Closed session pursuant to Government Code section 54957(b)(1) / 54957.6
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March 18, 2008, 4:02PM
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ADMINISTRA liVE REPORT
MEETING DATE: March 26,2008
AGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER e~
Mayor Harvey L. Hall
March 14,2008
SUBJECT: Presentation by Mayor Hall of Proclamation to Mr. John Nilon, Director of Public Health
Services, Kern County Department of Public Health, proclaiming April 7-13, 2008, as
"Public Health Week".
RECOMMENDATION:
BACKGROUND:
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March 14,2008, 9:34AM
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ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Presentations
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD lit-
CITY ATTORNEY
CITY MANAGER es
Mayor Harvey L. Hall
March 14,2008
SUBJECT: Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for
OneLegacy, proclaiming April, 2008, as "National Donate Life Month".
RECOMMENDATION:
BACKGROUND:
ndw
March 14, 2008, 9:29AM
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ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Appointments
ITEM: \ \ . a .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
March 14,2008
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY ~
CITY MANAGER fs
SUBJECT: One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of
Elizabeth Gosling (Ward 4), whose term expires November 2010.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there is one vacancy on the Keep Bakersfield Beautiful Committee due to the resignation of
Elizabeth Gosling (Ward 4). The news release for this recruitment was posted on February 4,2008.
One application for appointment has been received from Lyle David Martin.
Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of
eight Mayor/Council-appointed members who will take on the responsibility of decision making for the
beautification program. Terms of office run concurrent with the term of the nominating Councilmember or
Mayor; however, it is not necessary for a Councilmember to nominate a resident from his or her ward.
The duties of the KBBC are to recommend policies and specific programs to the City Council which
promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. In
addition, the KBBC shall actively participate in the implementation of various programs and projects to
achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison
between KBBC and the City Council and shall provide the Council, upon request, written reports on the
activities of the KBBC.
March 17,2008, 8:30AM
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ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Appointments
ITEM: \l. O.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clea
May 14, 2008
APPROVED
DEPARTMENT HEArO~C-1tf
CITY ATTORNEY~
CITY MANAGER fs
SUBJECT: One appointment to the Historic Preservation Commission due to the expiration
of term of Ann Sullivan, whose term expires March 30,2008.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there is one appointment to the Historic Preservation Commission due to the expiration of term
of Ann Sulilvan, whose term expires March 30, 2008. The news release for this recruitment was posted
February 4, 2008.
Applications for appointment have been received from the following:
. Nancy M. Talbot
. Ann Elizabeth Sullivan
The Commission is composed of five (5) members. Nominations to this Commission are made by the full
Council.
The Historic Preservation Commission is an advisory body to the City Council. Members must be
residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term.
The Commission reviews applications for Cultural Resource designations and applications for Historic
Districts in addition to applications which may be referred by the Planning Commission, Board of Zoning
Adjustment or the City Council. The Commission presides and conducts public hearings on designation
applications and makes recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m. as needed.
March 14,2008, 11:17AM
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ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM:
. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Cle~
March 14, 2008
APPROVED
DEPARTMENT HEA~ '- AT
CITY ATTORNEY
CITY MANAGER f,s
SUBJECT: Approval of minutes of the March 12,2008 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kl
ADMINISTRATIVE REPORT
MEETING DATE: March 26,2008
AGENDA SECTION: Consent Calendar
ITEM: \ ~ . b .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD .;A/?
CITY ATTORNEY ~
CITY MANAGER fs
March 13, 2008
SUBJECT: Approval of department payments from February 29, 2008 to March 13, 2008 in the amount
of $23,966,495.13 and Self Insurance payments from February 29, 2008 to March 13, 2008
in the amount of $233,191.82.
RECOMMENDATION:
Staff recommends approval of payments totaling $24,199,686.95.
BACKGROUND:
RAR
March 13, 2008, 1 :42PM
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ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: \:2. C .
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD Y
March 7,2008 CITY ATTORNEY if?In4-
CITY MANAGER fs
SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No. 123-36 of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from a C-1 (Neighborhood Commercial) to a C-2 /PCD (Regional
Commercial/Planned Commercial Development) on 13 acres located on the south side
of Hosking Avenue, and both sides of Hughes Lane (ZC #07 -1724 - John Balfanz)
(Ward 7)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On February 7, 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 a C-1 (Neighborhood Commercial) to a C-2 /PCD (Regional Commercial
/Planned Commercial Development) on 13 acres. The proposed project will be adjacent to the Hosking
Avenue and Freeway 99 interchange. The request is consistent with the general commercial General
Plan Land Use designation on the subject property. The site is currently undeveloped.
No one spoke in opposition to the project at the Planning Commission hearing.
The Planned Development Overlay (PCD) portion of the zone change requires the developer to submit
Prf;tliminary Development Plans for Planning Commission review. Condition No.7 requires the proposed
project to substantially comply with BMC Section 17.08.140, which regulates design standards for large
retail developments. At a later date, Preliminary Development Plans depicting the site plan,
landscaping plan, elevations, parking modules with pedestrian paths will be submitted for Planning
Commission review. The project shall be required to provide architectural character to the buildings
such as (but not limited to) variation in rooflines, facades, high quality finish materials, improved
pedestrian circulation, a central feature and community space. In addition, the plans shall demonstrate
how the shopping center complies with parking layout design including pedestrian pathways,
landscaping (tree shading coverage), and other minimum requirements of the City's Zoning Ordinance.
March 7, 2008, 9:11AM
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ADMINISTRATIVE REPORT
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
Staff recommends first reading of the ordinance.
March 7, 2008, 9:09AM
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ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: I;). ri I
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY /J1J1A-
CITY MANAGER eS
Stanley C. Grady, Development Services Director
March 5, 2008
SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map Nos. 101-02, 101-03, 101-04, 101-10 and 101-11) of Title
Seventeen of the Bakersfield Municipal Code for five zone changes with: two zones
changes from G-2/P.C.D. (Regional Commercial! Planned Commercial Development)
zone to DI zone of 5.01 acres and 5.00 acres for a total of 10.01 acres; a zone change
from R-1/P.U.0. (One-Family Dwelling/Planned Unit Development) zone to 01 zone on
5.0 acres; a zone change from R-1 (One-Family Dwelling) to DI zone on 5.01 acres; and
a zone change from M-1 (light Manufacturing) zone to DI zone on 5.0 acres. Total
acreage of proposed zone change request is 25.02 acres all within the Rosedale Ranch
development area located on the northwest comer of Olive Drive and Renfro Road,
south of Seventh Standard Road, east of Santa Fe Way (Applicant: Rick Engineering
Company representing Gardiner Family, LLC and Rosedale Farming Group) (ZC # 07-
0898) (Ward 4)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On February 21, 2008, the Planning Commission held an advertised public hearing on this zone
change request, and recommended approval of the zone change by the City Council.
The reason for the request is to establish five DI (Drill Island) zones for the Rosedale Ranch
development area. This zone change request is the result of a Settlement Agreement between the
mineral rights' owner (Vintage Petroleum), the landowner of Rosedale Ranch development area and
the City of Bakersfield. Part of the settlement agreement requires the landowner to establish five drill
islands within the Rosedale Ranch development area for Vintage's future mineral production in
exchange for surface waivers for the remainder of Rosedale Ranch.
The zone change request consists of five zone changes with: two zones changing from G-21P.C.D.
(Regional Commercial/ Planned Commercial Development) zone to 01 zone one on 5.01 acres and
another on 5.00 acres for a total of 10.01 acres; a zone change from R-1/P.U.D. (One-Family Dwelling
/Planned Unit Development) zone to DI zone on 5.0 acres; a zone change from R-1 (One-Family
March 10. 2008, 10:11AM
P.E. / S:\DanaIADM/NS\200BWar\3-26-0898 1.doc
ADMINISTRA liVE REPORT
Dwelling) to DI zone on 5.01 acres; and a zone change from M-1 (Light Manufacturing) zone to DI zone
on 5.0 acres. The total acreage for the proposed zone change requests is 25.02 acres all within the
Rosedale Ranch development area.
No one spoke in opposition to the project at the Planning Commission hearing.
Based upon an initial environmental assessment, pursuant to the California Environmental Quality Act
(CEQA) an initial study was prepared for the original project which included the subject properties and
an Environmental Impact Report (Rosedale Ranch EIR) certified by the City Council on November 16,
2005. In accordance with CEQA section 15162, no further environmental documentation is necessary
because no substantial changes to the original project are proposed, there are no substantial changes
in circumstances under which the project will be undertaken and no new environmental impacts have
been identified.
March 10, 2008, 10:11AM
P.E. / S:\DanaIADMINS\2008\Mar\3-26-0898 1.doc
ADMINISTRATIVE REPORT
MEETING DATE:
March 26,2008
AGENDA SECTION: Consent Calendar
ITEM NO: l~.e.
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY t_
CITY MANAGER' &
SUBJECT: Adoption of ordinance approving 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 located at the southeast comer of White Lane and Buena Vista Road
(File No. 06-1149). (Ward 5)
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
March 7, 2008
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council held first reading of the ordinance on March 12, 2008 and denied an appeal of the zone change
by Mr. Blain Franzen.
The project initially included two applications (1) a zone change request from C-1 to C-2/PCD, and (2) a planned
development (PD) review of the site plan, including architectural elevations, for an 89,536 square foot shopping
center with a grocery store, pharmacy, retail shops, two drive-thru restaurants, and a car wash. Just prior to the
March 12th Council meeting, the applicant withdrew the PD review application so that it could be redesigned with
new architecture and a revised layout that relocated the car wash to minimize concerns from the neighborhood.
A new PD plan will be submitted to the Planning Commission to consider those revisions at a future public
hearing, which will include notice to the residents of the adjacent neighborhoods. The project will be subject to
the city's architectural design requirements for a large retail center.
Although the current C-1 zoning on the site will allow most of the proposed uses typically found in a
neighborhood shopping center, the applicant's requested zone change to C-2/PCD will allow inclusion of
restaurant drive-thru services and a car wash. Technical studies to address environmental concerns regarding
noise (car wash), air quality and cultural resources were included in the initial study/negative 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 and the proposed development does not
exceed those earlier traffic assumptions. The project will be required to pay appropriate traffic mitigation fees,
and improve the frontages along both White Lane and Buena Vista Road to full arterial street standards,
including enhanced intersection improvements and right-turn lanes.
The Planning Commission recommended approval of the Negative Declaration and zone change on November
1, 2007 with conditions, and recommends that the City Council adopt the ordinance as proposed.
Msrch 7, 2008, 3:59PM
S:\DanaIADMINSI2OO8Wsr\3-26-1149 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26,2008
AGENDA SECTION: Consent Calendar
ITEM: 12.-F-..
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
March 4, 2008 CITY ATTORNEY ~
CITY MANAGER es
SUBJECT: Adoption of an ordinance amending Section 17.06.020 (Zone Map No. 122-28) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from A
(Agriculture) to R-1 (One Family Dwelling) on 220-acres generally located along the
south side of Panama Lane between Nord Avenue on the west and the Kern County
Water Bank Authority on the east and to the south. (ZC 05-1580, Jim Manley,
representing 10 Section LLC) (Ward 5, upon annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 27,2008.
The project is commonly known as the 10 Section Project #05-1580 and consists of approximately
220-acres. For purposes of analyzing the environmental impacts of the project, the EIR considered
impacts of construction a maximum of 788 single-family residential units on the project site, a
concurrent general plan amendment and zone change, and land subdivision.
The Planning Commission conducted a public hearing on this zone change on June 21, 2007, and
recommended denial to the City Council. A letter from Jim Manley appealing this decision was
received in the City Clerk's office on June 21, 2007.
Prior to council approval of the related GPA and first reading of this ordinance, the applicant met with
concerned agencies to develop a system of buffers, walls, setbacks and design modifications to
address concerns voiced during the environmental review process. The number of homes originally
planned was reduced and specific conditions were added to the project to implement the additional
mitigation measures and design changes.
The California Environmental Quality Act (CEQA) requirements have been followed by staff and the
Planning Commission for the project. Staff conducted an initial study and it was determined that the
project could have a significant environmental effect. Therefore, in accordance with CEQA, an EIR
was prepared. The Final EIR was certified by the City Council on February 27,2008.
ADMINISTRATIVE REPORT
Page 2
Despite compliance with local ordinances, state laws, mitigation measures incorporated into the
project as conditions of approval, and construction in accordance with the Uniform Building Codes,
aesthetics, light and glare, and traffic and circulation impacts would remain significant. Therefore
adoption of the CEQA findings and a statement of overriding considerations by the City Council were
required pursuant to Sections 15091 and 15093 of the CEQA Guidelines.
JS-:S:\GPA 4th 2007\05-1580 (Ten Section EIR)\Staff Report\Admln 2nd reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: March.;2/0,2008
AGENDA SECTION: Consent
ITEM l~ .a..
u
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley G. Grady, Development Services Director DEPARTMENT HEAD 94H k <;&-t.
March 26, 2008 CITY ATTORNEY f?r1A
CITY MANAGER R.s
SUBJECT: Property Abatements
Resolution confirming approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City
for which structures have been secured against entry or for the abatement of certain
weeds, debris and waste matter and authorize collection of the assessments by the
Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on March 10, 2008, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures
which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste
matter. The property owners were notified and failed to comply with the notices to abate such public
nuisance. After a hearing duly noticed and held before the Building Director, the Director issued
orders requiring the property owner to abate the public nuisance. The subject properties are listed as
follows:
PROPERTY LOCATION
APN
COST
Ward 1/Councilmember Irma Carson
1.
2.
3.
4.
5.
108 Augusta St.
908 Casino St.
2613 Dore Drive
811 Hacienda Dr.
719 S. Haley St.
018-190-07
170-222-02
022-232-06
170-240-35
019-112-11
$ 375.00
$ 620.00
$ 300.00
$ 545.00
$ 600.00
March 11, 2008, 3:56PM
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ADMINISTRATIVE REPORT
Page 2 of 3
PROPERTY LOCATION
APN
COST
Ward 1/Councilmember Irma Carson
6. 323 S. King St.
7. 1107 ~ L St.
8. Lot So. Of 121 L St.
9. 3220 Lotus Ln.
10. 620 M St.
11. 2100 Madison Ave.
12. 1308 Malerbi Ct.
13. 501 Orchard St.
14. 1524 Richland St.
15. 3608 Shellmacher Ave.
16. 401 9th St.
018-140-17
009-022-07
010-321-30
170-190-09
009-342-05
170-161-15
412-231-26
011-043-05
011-101-13
172-133-15
009-504-05
$ 570.00
$ 444.00
$ 760.00
$ 575.00
$ 975.00
$ 900.00
$ 1,200.00
$ 300.00
$ 570.00
$ 670.00
$ 850.00
Ward 2/Councilmember Sue Benham
17. 3330 San Dimas St. 002-042-19 $ 900.00
Ward 3/Councilmember Ken Weir
18. 3213 Annapolis Dr. 021-242-11 $ 544.00
19. 4214 Elder Ct. 434-092-13 $ 480.00
20. 6111 Fairfax Rd. 439-113-02 $ 740.00
21. 2721 Hollins St. 021-361-20 $ 740.00
22. 6105 Spring Valley Dr. 365-153-06 $ 600.00
23. 1317 Telegraph Ave. 021-262-05 $ 480.00
24. 1413 Telegraph Ave. 021-262-09 $ 350.00
Ward 4/Councilmember David Couch
25. 9806 Autumn Serenade Ct. 525-031-04 $ 600.00
26. 11909 Stellar Ave. 465-423-25 $ 450.00
27. 9812 Valerio Ct. 525-071-02 $ 575.00
Ward 5/Councilmember Harold Hanson
28. 7900 Calle Espada 339-442-01 $ 800.00
29. 7604 Cibola Dr. 385-332-14 $ 730.00
March 11. 200B. 3:56PM
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ADMINISTRATIVE REPORT
Page 3 of 3
PROPERTY LOCATION
APN
COST
Ward 6/Councilmember Jacauie Sullivan
30.
31.
32.
33.
5800 Almendra Ct.
681 0 Drift Creek St.
6100 Landfair Dr.
5414 Rockview Dr.
355-081-25
498-661-10
355-094-04
532-072-04
$ 600.00
$ 450.00
$ 1,775.00
$ 550.00
Ward 7/Councilmember Zack Scrivner
34.
35.
36.
37.
1210 Hadar Rd.
1214 Hadar Rd.
4209 Monitor St.
4817 Stancliff Ct.
516-174-05
516-174-04
171-112-03
171-280-01
$ 900.00
$ 900.00
$ 350.00
$ 775.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
March 11. 2008, 3:56PM
C:\Documenls and Settings\bbrown\Desktop\ADMIN\admin MARCH 08.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: \c1. h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
February 28, 2008
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
CITY MANAGER &
SUBJECT: Resolution approving application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 549 consisting of
39.90 acres, located on the northeast comer of Old River Road and McCutchen
Road. (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the
City of Bakersfield identified as Annexation No. 549 consisting of 39.90 acres, located on the
northeast comer of Old River Road and McCutchen Road.
The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary.
The property owner has consented to annexation. The proposal is to annex the land for
development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and
County of Kern. The basis for this determination is that this annexation is covered under b. 7. of
the agreement "Annexation of Uninhabited Land and Residential Development."
DL:dc
S:\Annexation\Res of Appllc\Admin Draft 549.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: I~. i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
February 8, 2008
.MfBOVED
DEPARTMENT HEAD /' L
CITY ATTORNEY "J!!.-
CITY MANAGER Es
SUBJECT: Resolution of Intention No. 1590 calling a public hearing to determine whether public
necessity, health, safety or welfare requires formation of an underground utility district
within designated area - District No.2, Division 32 (South Mill Creek Mixed-Use Project)
(Ward 2).
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This resolution is necessary in order to comply with the City Municipal Code and PG&E
Rule 20A regulations regarding underground utility districts. The formation of this district will require that
all affected utility companies remove the overhead lines within the South Mill Creek Mixed - Use Project
and place them underground. The district is bounded by the Burlington Northern & Santa Fe Railroad
Tracks on the north, Q Street on the east, California Avenue on the south, and S Street on the west.
The Resolution sets the date of May 21,2008 for the protest hearing.
mps
March 10, 2008, 2:50PM
G:\GROUPDA l\ADMINRPT\2008\03-26\ROI Mill Creek.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: 1.;1.. \ ..
u
March 18, 2008
APPROVED
DEPARTMENT HEAD ~~ '^
CITY ATTORNE~f~ Ii 'ft.;..k. t:?J11 >
I
CITY MANAGER &
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
SUBJECT: Resolution of Intention No. 1595 to order the vacation of East 21 st Street between Beale
Avenue and King Street and the alley located between East 21st Street, King Street,
Sumner Street and Beale Avenue. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
The Bakersfield Rescue Mission, is requesting the vacation of East 21st Street and Alley. The request is
for the safety and security of their clients and the future creation of a campus setting.
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 an 8-inch and 6-inch sewer mainline in the alley, and reserves a 20-foot
wide easement over the entire alley in the vacating area. There is no City storm drain in the proposed
vacating area.
The utility companies serving the area have been notified by mail. No objections were received as of the
date of this report. The Pacific Gas and Electric Company and the California Water Service Company
note that there is a gas line and waterline in the alley, and reserve a 20-foot easement over the entire alley
in the vacating area.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has received no objections from these owners as of the date of this
report.
The proposed vacation was approved by the Planning Department on March 7, 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 April 9, 2008, on the
proposed vacation.
C:\Documents and Settings\rsiech\Desktop\1 ROl1595 E 21st Street and Alley-Consent Calendar.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: t~_1 ,
TO:
FROM:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
DATE:
March 10, 2008
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Bakersfield Senior Housing, Inc. to purchase and install a
security fence for $50,000 of Community Development Block Grant Funds at the
Lowell Place Senior Apartments located at 500 R Street. (WARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In February of 2002, a 2.6 acre site was acquired by the Bakersfield Senior Center, Inc. in order
to build an 80-unit senior apartment housing project at 500 R Street, for low income seniors.
This project known as Lowell Place Senior Apartments was completed in April of 2005.
Department of Housing & Urban Development (HUD) HOME Investment Partnership funds were
used for the acquisition and construction of the senior housing complex. However, due to
certain time constraints tied to the source of funds the security fencing around the property was
not installed during construction. A subsequent request for new funding for the security fencing
project was made by the Bakersfield Senior Housing, Inc. on October 4, 2006 and staff has
worked with the Bakersfield Senior Housing, Inc. to achieve necessary project requirements to
provide this much needed fence for the security of the seniors residing in the project.
S:\Admins\City Council\City Council Admins 2008\Lowell Place Fence Project 021208.doc
3/10/2008 9:39 AM .
APPROVED
....);
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: I~. rn J
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
M'Z::VED
~ ..
II-
&
March 6, 2008
SUBJECT: Agreement with Wilson & Associates (not to exceed $100,000) for the processing of
developers' improvement acquisition requests for authorized improvements within the
City's various Assessment Districts. (All Wards)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: Wilson & Associates (Contractor) is experienced and well-qualified in the field of
assessment engineering. For authorized improvements within the City's various assessment districts,
Wilson & Associates will process the developer's improvement acquisition payment requests. The
contractor will review these requests and maintain contact with the City and developers to resolve any
disputed issues related to said payment requests, and relay all information and acquisition payment
approvals to the City for the City's use in payments processing.
The total fee for each assessment district represents one percent (1 %) of the total improvement cost and
improvement contingency. During the process of evaluating the requests, Wilson & Associates will keep
the City informed if any of the payment requests takes longer to process than anticipated due to
incomplete documentation submitted, any improvement changes and/or substitutions, non-response from
developers and/or the developers' engineers, etc.
Payments to Wilson & Associates are funded solely through the individual Assessment District's bond
proceeds. The General Fund is not impacted.
phs
March 7,2008, 2:07PM
G:\GROUPDAT\ADMINRPT\2008\03-26\Wilson&Assoc acq pmt proc agr.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: \
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
tI?
Rs
March 6, 2008
SUBJECT: Ditch Eradication and Pipeline Easement Agreement with Virginia Engineering &
Construction Company Inc., for canal located west of Patton Way and north of Meany Ave.
0Nard 3)
RECOMMENDATION: Staff and Water Board recommend approval of agreement.
BACKGROUND:
The City is the owner of a right of way and easement on the Beardsley Canal K.R.C. & I. Company One
Ditch, this section now exists as an open earth ditch. A portion of the One Ditch traverses certain real
property owned by Virginia Engineering & Construction Company Inc. (Developer), west of Patton Way
and north of Meany Ave. The Developer desires to fill in and eradicate said open ditch and substitute a
reinforced concrete pipeline. The Developer will construct the pipeline and when completed the pipeline
shall become the property of the City. The original 100 foot canal easement becomes a pipeline easement
that is 40 foot wide. The Developer gains additional use of their property and the City acquires a pipeline
facility that requires less maintenance and upkeep.
The City Water Board at its meeting of March 5, 2008 reviewed this agreement. The Board voted
unanimously to approve and recommend City Council approval.
February 1, 2008
5:\2008 ADMIN REPORT5\admin 0326008 Ditch Erradication Pipeline easement.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: la,a.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/V'S
!f-
March 10,2008
SUBJECT: Agreement with Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter
($62,800) for a full scope annual audit of the 2007-08 fiscal year.
RECOMMENDATION: The Budget and Finance Committee recommends approval of the agreement.
BACKGROUND:
In February 2007, inquires were sent to approximately 28 local CPA firms and 9 outside firms, with four
firms expressing an interest in the City Audit. Requests for Proposals were sent to the interested audit
firms. Three firms submitted proposals which were reviewed by the Finance department. One firm did not
submit their sealed dollar cost bid based on the requirement in the RFP and were excluded from
consideration. The two qualified proposals were sent to the Budget and Finance Committee. The Budget
and Finance Committee reviewed the proposals on April 30, 2007. The Budget and Finance committee
recommended the selection of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter to
perform the annual audit work for the 2006-07 fiscal year ($60,400), with the option of up to four (4) one
year extensions.
The Request for Proposal issued in February 2007 contemplated a five year commitment with the selected
firm, with the 2006-07 fiscal year being year 1 of 5. A cost of living factor is built into the contract so that
future year costs do not exceed Consumer Price Index (CPI) inflation measures, assuming no change in
the scope of the audit and assuming no significant change in the audit workload as a result of
Governmental Accounting Standards Boards (GAS B) actions that might take place in the future. Brown
Armstrong Paulden McCown Starbuck Thornburgh & Keeter was agreeable to this additional contract
language. The agreement referenced above is related to the audit for year 2 of 5. The difference in cost
from year 1 to year 2 (based on the January 2008 CPI index) represents a 3.9% increase.
3/5/20089:39:00 AM
S:\Admin\Admin Reports\2008 Brown Armstrong.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: ( .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD-m A
CITY ATTORNEY f8;Jz4
CITY MANAGER IX
March 13, 2008
SUBJECT: Centennial Corridor Proiect (Ward 1 and 2)
Cooperative Agreement with the State of California Department of Transportation to
construct a new freeway connection between State Route 58 (SR-58) and the eastern
terminus of Westside Parkway, known as the Centennial Corridor Project.
(Wards 1 and 2)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: The State of California Department of Transportation (Caltrans) and the City of
Bakersfield are working together on a new freeway connection between SR-58 and the eastern
terminus of Westside Parkway as part of the Thomas Roads Improvement Program (TRIP).
The City entered into an agreement with HNTB on January 30, 2008 to provide Engineering and
Environmental Services for the above mentioned project.
Caltrans, the City, the Kern Council of Governments (KernCog) and the County of Kern signed a
Project Charter which conceptually defined roles and responsibilities for the above mentioned agencies
for developing the project.
A Cooperative Agreement has now been developed that legally defines the responsibilities of both the
City and Caltrans regarding development of the project. Cooperative Agreements are standard
Caltrans required documents that are entered into whenever a local agency and Caltrans jointly
develop a project along a current of future state route.
March 14,2008, 8:50AM
Tdw:G:\GROUPDA T\ADMINRPl\2008\03-26\Centennial Corridor Cooperative Agr.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26,2008
AGENDA SECTION: Consent Calendar
ITEM: I~ . ct.
U
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 12, 2008
APPROVED
DEPARTMENT HEAD p: ~
CITY ATTORNEY ~
V
CITY MANAGER Es
SUBJECT: Amendment No.1 to Agreement No. 07-366 with lacofano Goldsman, Inc. ($18,830;
total not to exceed $438,870) for an Aerial Photograph, Topographic Site Survey, and
Updates to the Grading Plan and Site Plan for the Mesa Marin Sports Complex Project
0/'Iard 3).
RECOMMENDATION: Staff recommends approval of the amendment.
BACKGROUND: The Mesa Marin Sports Complex Project (project) is currently in the design phase,
and additional information is needed by Moore lacofano Goldsman, Inc. (Design Consultant) to finalize
the design. The topographic survey information that was provided to the Design Consultant by the City
is several years old and was obtained from a number of different sources. Since the original surveys
were completed grading activities have occurred on portions of the site. In order to create an accurate
and up-to-date grading plan and site plan, the Design Consultant will need an updated survey for the
entire project site.
In order for the Design Consultant to proceed with design, the following additional work items are
required:
1. Aerial color photograph and topographic map;
2. Field surveys;
3. Revisions to the preliminary grading and utility plans; and
4. Revisions to the preliminary park site plan.
By obtaining an accurate and up-to-date survey of the project site, a more accurate design can be
completed by the Design Consultant. This will allow the City to have a more accurate earthwork
quantity estimated before construction begins, hopefully eliminating excessive change orders.
The amendment will increase the Design Consultant fee by an additional $18,830, from an original total
contract amount of $420,040 to a new total contract amount of $438.870.
Sufficient funds are budgeted to cover this amendment.
Olm)
(Project No. P5C216)
March 10, 2008, 2:24PM
S:\PROJECTS\Jason Meadors\P5C216 - Mesa Marin Softball\Admin Report-Amend No1 (030708).doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: I.,:} I.r:.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
(/&--
0;
March 13, 2008
SUBJECT: Federal Emergency Management Agency Levee Accreditation Program. (Wards 2,5)
1. Amendment NO.1 to Agreement No. WR 07-011 with Meyer Civil Engineering, Inc.
($265,000; revised not to exceed $300,000) to complete a field investigation and
engineering study of City operated and maintained levees through Bakersfield.
2. Appropriate $265,000 Levee District Contribution to the Water Resources Capital
Improvement Budget within the Agriculture Water Fund.
RECOMMENDATION: Staff and Water Board recommend approval of agreement and appropriation.
BACKGROUND: The Department of Homeland Security's Federal Emergency Management Agency
(FEMA) is currently in the process of producing a countywide flood insurance report and Digital Flood
Insurance Rate Maps (DFIRM) for Kern County, California. As part of this process FEMA determined that
sections of the Kern River Levee system through Bakersfield require documentation to show these levees
meet the criteria of the Code of Federal Regulations, Title 65, Section 65.10 (44 CFR 65.10). Without this
documentation, these areas previously accredited with providing flood protection from the flood that has a 1-
percent-chance of being equaled or exceeded in any given year would lose this designation. To confirm and
maintain this accreditation the City of Bakersfield entered into the Provisionally Accredited Levee Program
(PAL). The PAL program allows for a 2-year period to submit documentation to FEMA that these levees meet
44 CFR 65.10 requirements. Under this program the City has until July 22, 2009, to provide this
documentation. If the information is not provided by this deadline, FEMA will initiate a map revision to re-
designate certain areas on the landward side of these levees as flood prone.
Amendment NO.1 to Agreement No. WR 07-011 will modify the agreement to include consulting services to
complete a field investigation and engineering analysis of City maintained levees through Bakersfield. The
study will also include the review and evaluation of FEMA prepared levee delineation mapping as required by
Federal Regulations.
The City Water Board at its meeting of March 5, 2008 reviewed this agreement. The Board voted unanimously
to approve and recommend City Council approval.
An appropriation is needed to fund the additional work required by FEMA as indicated in the amended
agreement.
C:\Documents and Settings\mrandall\Desktop\adminFEMAprogphaseA.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: I~.s.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
DEPARTMENT HEAD ~j
CITY ATTORNEY ~
CITY MANAGER es
March 14, 2008
SUBJECT: Amendment No.1 to Agreement No. 07-085 with Stinson's Stationers, Inc. ($350,000,
revised not to exceed $700,000) and extending the term to March 12, 2009 for the annual
contract for office supplies. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On March 14, 2007, Council awarded the Annual Contract for office supplies, in the
amount of $350,000. The Agreement allows for four (4) consecutive one-year extensions of agreement, if
all parties agree. City staff and Stinson's Stationers, Inc. 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 07-085, Stinson Stationers, AC for Office Supplies, March 26, 2008.doc
March 14, 2008, 8:58AM
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: IJ.. +.
FROM:
DATE:
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER Ik
TO: Honorable Mayor and City Council
March 11, 2008
SUBJECT: Amendment No.2 to Agreement No. 06-220 with Kern Sprinkler Landscaping, Incorporated
for Irrigation and Landscaping Services adding $250,000 additional funds for a revised not
to exceed contract amount of $600,000.
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On July 19, 2006, Council awarded the annual contract for Irrigation and Landscaping
Services to Kern Sprinkler Landscaping, Incorporated. Amendment No.1 was executed on June 20,2007
adding $175,000 to the contract and extending the Agreement for one year. It is necessary to add
additional funds to this Annual Contract for Irrigation and Landscaping Services related to the Mill Creek
project and the AERA Baseball Park project. This amendment (Amendment No.2) will add $250,000 to
the Agreement for a revised not to exceed contract amount of $600,000 thus allowing for continued
irrigation and landscaping services for the remainder of this contract period (July 2008). This contract will
be re-opened for competitive bidding prior to the July 2008 expiration date.
Purchasing Division
S:\PURCHIADMIN\AmendmentslAmendment #2 to Agreement No. 06-220(1), Kern Sprinkler, March 26, 2008.doc
March 11, 2008, 3:08PM
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent
ITEM: I~. L.L.
TO:
FROM:
DATE:
Honorable Mayor and City Council ~~
Javier Lozano, Human Resources Manager DEPARTMENT HEAD
APPROVED
March 20, 2008
CITY ATTORNEY
CITY MANAGER
SUBJECT: Amendment No. 4 to Agreement No. 00-95 with William Avery & Associates, Inc. (not to
exceed $52,000, including expenses) for negotiation and consultant services in employer-
employee relations for a one year term.
RECOMMENDATION:
Staff Recommends approval of the amendment.
BACKGROUND:
On February 27, 2007, the City Council approved Mr. Avery's consulting agreement for a one year
extension period ending March 1, 2008. Mr. Avery has had a long history with the City (almost 24 years)
providing consulting services in labor negotiations and ongoing labor relations issues. Mr. Avery has been
very successful in building positive working relationships between employee labor groups, staff and
Council. He also has a unique understanding of the City's labor relations history and knowledge of past
labor practices which will be critical as we approach Union negotiations later this year and into early 2009.
The cost will be increased for 2008 from the monthly fees of $2,600 per month to $3,500 and a $10,000
maximum reimbursement for travel and lodging fees. This would be an agreement for NeQotiation and
Consultant Services in Employer-Employee Relations totaling a maximum of $52, 000 for one year. This
amendment guarantees Mr. Avery's services and rate from April 1, 2008 to April 1, 2009. The City and
Consultant entered into an interim Consultant's Agreement for the period of March 1, 2008 through March
31,2008 to continue negotiation and consultant services in employer-employee relations until the attached
agreement could be approved.
Staff recommends approval of the agreement.
S:\Admin Reports - 2008\Avery 2008-2009 Labor Relations - revised 3-20-08.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: l;l. V.
'TO:
FROM:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
;f..PROVED
/JL
~
DATE:
March 6, 2008
SUBJECT: Contract Change Order NO.1 to Agreement 07-317 with Floyd Johnston Construction Co.,
Inc. ($152,678.00 increase for a revised not to exceed amount of $1,513,728.00) for the
project known as Northeast Sewer Phase 2: Redbank Road Extension. (Ward 1)
RECOMMENDATION: Staff recommends approval of contract change order.
BACKGROUND: This project provides for installing a 42 inch trunk sewer line on Redbank Road between
Oswell Street and Mira Monte High School.
A 10 inch sewer line needs to be installed on Zephyr Lane between Oswell Street and Workman Street.
The sewage generated by City residents in this area is currently being routed to the treatment plant
operated by the Kern Sanitation Authority (KSA). This temporary agreement with KSA was necessary
because there was no connection to the City's sewer treatment plant at the time these homes were
constructed and occupied. The trunk sewer being installed with the northeast sewer projects will now
provide this connection to Sewer Treatment Plant No.2. The new 10 inch sewer line being constructed
under this change order is necessary to route this sewage to the new trunk sewer line for treatment at
Sewer Treatment Plant NO.2.
This is the first change order to be submitted for this project. This change order will increase the project
total by $152,678.00 (which is an increase of 11.2% of the original contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Orders
Net Increase to date
=
$1,361,050.00
$1,513,728.00
$ 152,678.00
.
=
=
G:\GROUPDAT\ADMINRPT\2008\03-28\CCO 1 Northeast Sewer Phase 2,000
AU
ADMINISTRATIVE REPORT
MEETING DATE: April 9, 2008
AGENDA SECTION: Consent Calendar
ITEM: IJ- . 'fJ .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~OVED
J;&1It4
ts
March 11, 2008
SUBJECT: Accept bid from Geocon Inland Empire Incorporated (not to exceed $45,500) for
groundwater sampling and reporting to comply with Wastewater Treatment Plant
Discharge Permits (Wards 1 & 6).
RECOMMENDATION: Staff recommends acceptance of responsible low bidder.
BACKGROUND: Wastewater Treatment Plants 2 and 3 are operated under permits issued by the
California State Water Resources Control Board. These permits require that monitoring, sampling, and
reporting be performed for the on-site water wells at Plant 2, City Farm, Plant 3, and Green Acres Farm
located at Interstate 5 and Taft Highway where the Plant 3 effluent is reused for farming irrigation. The
consultant will monitor and sample these water wells and submit the reported results to the Water
Resources Board for their review. Seven bids were received in response to the City's Request for
Qualifications/Request for Proposal. Two bidders listed below, BSK Associates and Kenneth D.
Schmidt and Associates, previously performed this work under contract.
BIDDER
PROPOSAL AMOUNT
$45,500
Geocon Inland Empire Inc.
Bakersfield, CA
BSK Associates
Bakersfield, CA
$49,560
Provost & Pritchard
Bakersfield, CA
$50,380
Soils Engineering, Inc.
Bakersfield, CA
$67,900
Kenneth D. Schmidt and Associates
Bakersfield, CA
$83,050
Mcintosh & Associates
Bakersfield, CA
$169,275
Stantec Consulting Inc.
Bakersfield, CA
$278,066
G:\GROUPDATlADMINRPn2008\04-09\Groundwater monitoring X.doc
Created on 3/11/2008 4:55:00 PM
ADMINISTRATIVE REPORT
Based upon the selection committee's review of the Statements of Qualifications, the committee
recommends award of consultant agreement to Geocon Inland Empire Incorporated.
Sufficient funds are budgeted to cover this agreement.
G:\GROUPDA T\ADMINRPli2008\04-Q9\Groundwater monitoring X.doc
Created on 3/11/2008 4:55:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 26,2008
AGENDA SECTION: Consent Calendar
ITEM: tc9. X .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD$ € '^'
CITY ATTORNEY !l.-
II
CITY MANAGER f3s
February 21,2008
SUBJECT: Traffic Signal and Lighting System Installation at the Intersection of Old River Road and
White Oak Drive (Ward 4):
1. Accept bid and award contract to Loop Electric ($148,056.00) for this project.
2. Transfer $100,000 from Public Works Capital Improvement Project (Ming Improvement
Edna to Anita) to the Capital Improvement Budget within the Gas Tax Fund.
RECOMMENDATION:
Staff recommends acceptance of low bid, award of contract, and approval of
transfer.
BACKGROUND This project consists of installing a complete traffic signal and lighting system, providing
traffic signal synchronization between signals, modification of pavement markings and reconstructing
access ramps to meet current ADA requirements. This project is funded entirely with Gas Tax Funds. The
Engineers Estimate for this construction contract was $150,000.
On February 20, 2008, four acceptable bids were received as follows:
Loop Electric Inc
7040 Downing Ave
Bakersfield, Ca 93308 (Co~nty)
TES Electrical Construction
5306 Aldrin Court
Bakersfield, Ca 93313 (City)
in the amount of
$148,056.00
in the amount of
$153,000.00
A-C Electr~c Co
315 30th Street
Bakersfield, Ca 93301 (City)
in the amount of
$156,557.50
Lockwood General Engineering
315 30th Street
Bakersfield, Ca 93301
in the amount of
$193,116.10
Staff recommends transferring $100,000 from the liMing Improvement Edna to Anita" project to fund this
project. The liMing Improvement Edna to Anita" project is currently on hold.
PW/Design Engineering/nsg
March 13, 2008, 5:06PM
G:\GROUPDAT\ADMINRPT\2008\03-26\T7K125-Traffic Signal at Old River_White Oak.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Consent Calendar
ITEM: I ~ . \I, .
,
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER Rs
TO: Honorable Mayor and City Council
March 13, 2008
SUBJECT: Accept bid and award contract to Loop Electric, Inc. ($389,896.00) for the Installation of
Traffic Signal Interconnect - Part 5 (Wards 2, 3, 4, 6, and 7).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: This project will install traffic signal interconnect conduit and wiring along:
. 4th Street between Chester Avenue and "H" Street
. 30th Street between Chester Avenue and "F" Street
. Ashe Road between District Boulevard and White Lane
. Brimhall Road between Harvest Creek and Calloway Drive
. "F" Street between 26th Street and 30th Street
. Hageman Road between Coffee Road and Fruitvale Avenue
. Panama Lane between "H" Street and Akers Road
. White Lane between "H" Street and Fambough Street
With this new interconnect installed, the traffic signal timing along these street segments can be optimized
to improve traffic flow.
This traffic signal interconnect project will be funded predominately with federal Congestion Mitigation and
Air Quality Program (CMAQ) funds. The federal portion will be 88.53%. The local share of 11.47% will be
funded with gas tax revenues. The Engineer's Estimate for the Bid is $529,771.00.
Seven (7) acceptable bids were received on Friday, February 15, 2008, as listed below:
1.
Loop Electric, Inc. Project Total
7040 Downing Ave.
Bakersfield, CA 93308 (City)
$389,896.00
3.
Protech Engineering Corp. Project Total
3535 E. Coast Hwy, Ste 325
Corona Del Mar, CA 92625 (Out of Town)
AC. Electric Company Project Total
315 34th Street
Bakersfield, CA 93301 (City)
$444,918.75
2.
$464,254.00
March 13. 2008, 1 :02PM
G:\GROUPDAT\ADMINRPT\2008\03-26\Admin_RpC T7K116.doc
ADMINISTRATIVE REPORT
4. Pavletich Electric & Communications Project Total $483,320.15
6308 Seven Seas Ave.
Bakersfield, CA 93308 (City)
5. Ventura Directional Drilling Project Total $557,715.60
4115 Transport St.
Ventura, CA 93003 (Out of Town)
6. MGE Underground Project Total $581,895.00
901 24th Street
Paso Robles, CA 93446 (Out of Town)
.
7. P&G Communications Project Total $767,674.36
7821 W. Sunnyview Ave.
Visalia, CA 93291 (Out of Town)
March 13, 2008, 1:02PM
G:\GROUPDA1IADMINRPT\2008\03-26\Admin_RpC T7K116.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Hearings
ITEM: 14.a..
February 26, 2008
APPROVED
DEPARTMENT HEADJfM
ve!-
er
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider Resolution ordering 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 Bakersfield
Municipal Code Section 2.28.120 and was found to be consistent with the Metropolitan Bakersfield
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.
Resolution of Intention No. 1594 declaring intention to order said proposed street vacation was adopted by City
Council at the regular meeting of March 12, 2008.
Notice of this public hearing has been duly advertised and posted as required by law.
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Hearings
ITEM: l'i. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ()~~~~~
C/ 1/1
CITY ATTORNEY V&
CITY MANAGER ft
Stanley C. Grady, Development Services Director
March 5, 2008
SUBJECT: Public Hearing to consider Resolution denying the appeal by Daybreak Baptist Church
and upholding the Planning Commission's decision approving Mcintosh & Associates,
representing Centex Homes, (the property owner), application for Vesting Tentative
Tract Map 6760 on 8.92 acres located on the north side of State Route 119 (Taft
Highway) between Stine Road and Ashe Road. (Ward 6 upon annexation).
RECOMMENDATION:
Staff recommends continuing the item to April 23, 2008.
BACKGROUND:
This item cannot be heard due to an error in the publishing of the required public notice. Legal notice
was prepared and delivered for publishing in accordance with State law but did not get published by the
Bakersfield Californian.
Vesting Tentative Tract Map 6760 would allow for the development of 34 lots, including 33 single family
residential lots and one non-buildable lot on 8.92 acres for purposes of single family development,
zoned R-1 (One Family Dwelling) located on the north side of State Route 119 (Taft Highway) between
Stine Road and Ashe Road. The tract map area is currently being processed for annexation to the City
of Bakersfield.
The Planning Commission conducted a public hearing on this vesting tentative tract map on February
7, 2008, and approved the request with conditions. Lloyd Norton, representing Daybreak Baptist
Church, testified in opposition during the hearing. A letter submitted to the Planning Commission by
Daybreak Baptist Church prior to the publiC hearing is included.
Daybreak Baptist Church submitted an appeal letter to the City Clerk's office on February 14, 2008.
The appellant disagrees with the Conditions of Approval approved by the Commission because they did
not include a requirement for a 6-foot high masonry wall between the tentative tract's eastern boundary
and the Church property.
The Planning Commission heard testimony from the appellant, and Roger Mcintosh of Mcintosh and
Associates, the applicant representing Centex Homes. The Planning Commission discussed the
appellant's request to require a masonry wall between the east side of the tract and the church
property. The Commission determined that (a) the information presented by the appellant did not
warrant a continuance; (b) City Ordinance does not require the tract developer to build the wall between
ADMINISTRATIVE REPORT
Page 2
the east side of the tract and the church property; and (c) the specific circumstances and land use
relationship between the existing church and proposed tract do not warrant construction of a wall.
Betty Giannelli, a property owner south of Tract Map 6760, submitted a letter to the Planning
Commission requesting an additional condition on the Tract Map for a masonry wall in front of her
existing home on Taft Highway (included in the Back-up Material section). She was not present at the
hearing to testify, but her request was discussed at length by the Planning Commission and was
denied.
Vesting Tentative Tract Map 6760 was approved with conditions with Commissioners Blockley,
Johnson, Stanley and Andrews voting in favor, Commissioner Tkac voting against, and Commissioners
McGinnis and Tragish absent. Commissioner Tkac voted no because of he was uncertain whether
Centex Homes was going to continue to negotiate with Ms. Giannelli.
APPEAL ISSUES:
There are two key issues stated in the appeal letter. The Issues are: (1) the appellant states that the
wall is necessary between residential and church land uses; (2) if the tentative tract map is not
conditioned to require the wall be built between the eastern boundary of the tract and church property,
the church would be required to build the wall upon annexation to the City. The tract is in the process
of annexation to the City of Bakersfield; the Daybreak Baptist Church is in the County of Kern and has
not applied for annexation.
The first issue is based on the appellant's interpretation that since BMC 17.36.030.F (Church zone)
requires that church and related development on church zoned land build a solid masonry wall when
adjacent to property zoned or designated for residential development, the reciprocal obligation on
residential development should hold true when the church is in place prior to adjacent residential
development. Staff disagrees for two reasons. The first is that the Daybreak Baptist Church is not on
church zoned land, but has a Conditional Use Permit (C.U.P.) issued by the County of Kern to place the
church on A (Agricultural) zoned land. The second reason is that the City does not necessarily require
the adjacent residential development to place a wall between residential uses and Church zoned
property, only if warranted by public health, safety or welfare reasons. The Daybreak Baptist Church is
not permitted in the C.U.P for any uses that warrant the placement of the wall. The masonry wall was
originally required for Tentative Tract Map 6760 because the eastern tier of lots did not have sufficient
lot depth for lots adjacent A zoned land. When the applicant agreed to change the lot depth to meet the
requirements (140 feet), the wall requirement was removed for these lots. (See memo to Planning
Commission dated January 31,2008 in the Back-up Material section)
The second issue of whether the church would be required to build the wall upon annexation to the
City. No wall would be required of the church. If the City were to annex the church property, it is the
City's policy to honor existing County requirements. In this case, the C.U.P.'s requirement of a chain
link fence with slats between the church and the residential development would suffice.
CONCLUSION:
Vesting Tentative Tract Map 6760's conditions of approval assure compliance with local and state
development standards. There is no requirement that a masonry wall be placed between the eastern
boundary and the Daybreak Baptist Church western boundary. Daybreak Baptist Church will not be
required to build the masonry wall should the church decide to annex to the City of Bakersfield. Staff
recommends the denial of the appeal and upholding the approval of Vesting Tentative Tract Map 6760
as conditioned and approved by the Commission on February 7,2008. An initial study was prepared
for General Plan Amendment/Zone Change 05-1479 on this subject property and a negative
ADMINISTRATIVE REPORT
Page 3
declaration was adopted on August 16. 2006. In accordance with CECA Section 15162, no further
environmental documentation is necessary and the Negative Declaration is adequate.
S:\TRACTS\6760\CC 8ppeel docs\6760 Appeal Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2008
AGENDA SECTION: Ne.W Bu..5ln~
ITEM: 1'1. a.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Alan Tandy, City Manager
DATE:
DEPARTMENT HEAD
CITY ATTORNEY 11
CITY MANAGER
Resolution Requested by Council member Scrivner regarding the Second Amendment
March 18, 2008
SUBJECT:
RECOMMENDATION:
None
BACKGROUND:
Councilmember Scrivner requested the attached Resolution on the Second Amendment / Gun Control
be on the March 26, 2008 Council agenda.
C:\ADMINISTRATIVE REPORT 032608 - ZS.doc
3/18/200811:42:42 AM
AT:al
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 12, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
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
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:17 p.m.
Motion by Councilmember Scrivner to adjourn from
Closed Session at 6:55 p.m.
ACTION TAKEN
APPROVED
APPROVED
Bakersfield, California, March 12, 2008 - Page 2
RECONVENED MEETING - approximately 7:00 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Tim Hardy, Laurelglen Bible
Church.
7. PLEDGE OF ALLEGIANCE by Darby Berkshire, 1st Grade
Student at Downtown Elementary School.
Mayor Hall recognized the Ridgeview High School
government class in attendance at the meeting.
8. CLOSED SESSION ACTION
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
City Attorney Gennaro announced Council authorized
settlement in an amount not to exceed $42,500.00.
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
City Attorney Gennaro announced that at the last City
Council Meeting, under the title of Potential Initiation of
Litigation, the Council directed the City Attorney to
retain outside counsel to file a lawsuit in conjunction
with California Water Service Company against those
entities responsible for damage to City water wells.
ACTION TAKEN
SETTLEMENT
AUTHORIZED
STAFF GIVEN
DIRECTION
NO REPORTABLE
ACTION
POSTPONED UNTIL
3-26-08
Bakersfield, California, March 12, 2008 - Page 3
9.
PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
Nancy Williams, Program Coordinator, Bakersfield
Adult School, proclaiming March 10-14, 2008, as
Adult Education Week.
Ms. Williams accepted the Proclamation and made
comments.
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.
Mr. Feghali and Mr. Rosenfeld accepted the
Proclamation and made comments.
10. PUBLIC STATEMENTS
None.
11. APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment
Agency due to the resignation of Don Cohen, term
expiring April 22, 2009.
Mayor Hall recommended Larry Pickett be
appointed to fill the vacancy created on the
Bakersfield Redevelopment Agency by the
resignation of Don Cohen, term expiring April 22,
2009.
Motion by Vice Mayor Hanson to appoint Larry Pickett
to the fill the vacancy created on the Bakersfield
Redevelopment Agency by the resignation of Don
Cohen, term expiring April 22, 2009.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 27, 2008
Regular City Council Meeting.
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.
ACTION TAKEN
APPROVED
ASS WEIR
12.
Bakersfield, California, March 12, 2008 - Page 4
CONSENT CALENDAR continued
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).
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)
d.
e.
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
Commercial/Planned 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.)
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 Commercial/Planned
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.lProperty Owner: Infinity Development Property
Management)
f.
ACTION TAKEN
ORD 4492
ORD 4493
ORD 4494
ORD 4495
12.
Bakersfield, California, March 12, 2008 - Page 5
CONSENT CALENDAR continued
g.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 101-27) 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./Property Owner: Alfred Palla
Jr. & Donald Ralph Palla)
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)
(ApplicanUProperty Owner: Sikand Engineering)
h.
i.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 101-01) 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.)
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 (Zone Map
No. 123-29) 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)
j.
Resolutions:
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.
ACTION TAKEN
ORD 4496
ORD 4497
ORD 4498
ORD 4499
RES 037-08
Bakersfield, California, March 12, 2008 - Page 6
12.
CONSENT CALENDAR continued
I.
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.
m.
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.
o. 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.
n.
1.
2.
3.
Area 1-83 (Coffee, Snow NE)
Area 1-84 (Etchart, Quail Creek NE)
Area 4-83 (E. Brundage, Mt. Vernon SE)
p. Sewer Connection Fee Assessments:
1.
Resolution confirming assessments for
sewer connection fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
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.
2.
ACTION TAKEN
RES 038-08
RES 039-08
REMOVED FOR
SEPARA TE
CONSIDERA TION
RES044-08
RES 045-08
RES 046-08
RES 047-08
AGR 08-041
Bakersfield, California, March 12, 2008 - Page 7
12.
CONSENT CALENDAR continued
q.
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.
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.
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.
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).
w. Wastewater Treatment Plant NO.3 - 2007
Expansion Project:
u.
v.
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.
2. Transfer $2,416,879 contingency established
for the Project to the Public Works
Department's Capital Improvement Budget.
ACTION TAKEN
RO/1594
AGR 08-042
DEED 6834
AGR 08-043
AGR 08-044
AGR 07-192(2)
AGR 08-045
AGR 04-214(4)
Bakersfield, California, March 12, 2008 - Page 8
12.
CONSENT CALENDAR continued
ACTION TAKEN
x.
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.
AGR 00-306(2)
Deed 6835
y. Amendment No. 1 to Agreement No. 07-084 with AGR 07-084(1)
Jim Alfter Cement Contractor extending the term to
March 12, 2009 for canal liner repair (annual
contract).
z. Supplemental Agreement to Agreement No. 81-144 AGR 08-046
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.
aa. Contract Change Order NO.4 to Agreement No. 07- AGR 07-143CC04
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.
Bids:
bb. Accept bid and award contract to Judge Netting, Inc. AGR 08-047
(43,626) for Wayside Park softball field netting.
cc. Accept bid and award annual contract to San AGR 08-048
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.
ee. Vacant Building Maintenance Action Plan.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 12.b.
Motion by Councilmember Hanson to approve Consent
Calendar items 12.a. through 12.ee. with removal of
item 12.n. for separate consideration.
APPROVED
Bakersfield, California, March 12, 2008 - Page 9
12.
CONSENT CALENDAR continued
n. Assessment District No. 07-2 (Sydney Harbour):
1.
Resolution approving amendment to Final
Engineer's Report.
Resolution determining assessments
remaining unpaid.
Resolution authorizing issuance of bonds.
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.
2.
3.
4.
Motion by Councilmember Carson to approve item
12.n.
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a.
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.
City Clerk McCarthy announced 25 ballots were
received regarding inclusion of this
Maintenance District in the Consolidated
Maintenance District, nineteen in support and six in
opposition.
Councilmember Benham recused herself from
discussion and vote on item 14.a. in order to avoid
the appearance of impropriety due to her
employment with Bakersfield Memorial Hospital.
Public Works Director Rojas made staff comments.
Hearing opened at 7:24 p.m.
Ken Keller, Bakersfield Memorial Hospital, spoke in
favor of the staff recommendation.
ACTION TAKEN
RES 040-08
RES 041-08
RES 042-08
RES 043-08
APPROVED
RES 048-08
Bakersfield, California, March 12, 2008 - Page 10
14.
HEARINGS continued
Item 14.8. continued
ACTION TAKEN
Hearing closed at 7:25 p.m.
Motion by Vice-Mayor Hanson to adopt the Resolution.
APPROVED
ABS BENHAM
b.
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)
RES 049-08
Planning Director Movius made staff comments and
presented slides.
Hearing opened at 7:28 p.m.
Kerry Ryan, on behalf of Foxcreek Properties, spoke
in opposition to the staff recommendation and
provided handouts.
David Milazzo, on behalf of Carl Saenger, spoke in
support of the staff recommendation.
Kerry Ryan, on behalf of Foxcreek Properties, spoke
in opposition rebuttal to the staff recommendation.
David Milazzo, on behalf of Carl Saenger, spoke in
support rebuttal of the staff recommendation.
Hearing closed at 7:47 p.m.
Councilmember Couch requested staff analyze the
need for adjusted zoning requirements for this type of
project in the future.
Motion by Councilmember Couch to uphold the
Conditional Use Permit with inclusion of the deed
restriction.
APPROVED
Bakersfield, California, March 12, 2008 - Page 11
14.
HEARINGS continued
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.
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 Commercial/Planned
Commercial Development Overlay) on
approximately 10.98 acres and denying the
appeal to the zone change.
City Clerk McCarthy announced correspondence
was received from Doris Campa in opposition of the
proposed/zone change.
1.
Planning Director Movius made staff comments.
Hearing opened at 7:59 p.m.
Blain Franzen, Olivia Franzen and Phillip Niggle
spoke in opposition to the staff recommendation.
Bill Sampson, Castle & Cooke, California, spoke in
support of the staff recommendation and requested
an additional condition to allow for a 4-way signal in
place of a 3-way signal. Additionally, Todd Smith,
on behalf of Mustang Square spoke in support of
the staff recommendation.
Blain Franze, Phillip Niggle and Olivia Franzen
spoke in rebuttal opposition to the staff
recommendation.
Todd Smith, on behalf of Mustang Square, spoke in
rebuttal support of the staff recommendation.
Motion by Vice-Mayor Hanson to deny the appeal and
give first reading to the Ordinance.
Councilmember Couch requested staff explore utilizing
conditions on a consistent basis.
ACTION TAKEN
FR
APPROVED
NS BENHAM
Bakersfield, California, March 12, 2008 - Page 12
14.
HEARINGS continued
ACTION TAKEN
Recess taken from 8:55 p.m. to 9:03 p.m.
d. 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.
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.
RES 050-08
2.
ORD 4500
Public Works Director Rojas made staff comments.
Hearing opened at 9:05 p.m.
Robert Lusich, on behalf of the Antongiovanni
family, spoke in favor of the staff recommendation.
Hearing closed at 9:06 p.m.
Motion by Vice-Mayor Hanson to adopt the Resolution
and Ordinance.
APPROVED
AB BENHAM
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Carson requested the City Attorney
review the most recent information, assure the City is
in compliance with regulations regarding housing of
sex offenders and provide the information to the Safe
Neighborhoods Committee.
Councilmember Couch provided information to the City
Attorney and Water Resources Director.
Bakersfield, California, March 12, 2008 - Page 13
18.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Councilmember Couch requested information regarding
care packages for Police Officers Matt Perry and Jim
Ramos, deployed in Iraq. Assistant Chief Lynn responded.
Councilmember Couch requested staff provide
information regarding efforts to curtail parties in empty
homes. Assistant Chief Lynn responded.
Councilmember Couch requested information
regarding the feasibility of retirees paying health
insurance premiums from deferred compensation
funds.
Councilmember Couch requested staff confer with him
regarding the feasibility of pedestrian bridges at
Stockdale Hwy. and Cal State, Truxtun and
Mohawk, and other possible locations.
Councilmember Couch requested the City Manager
contact him regarding the status of the City's franchise
agreements.
Vice-Mayor Hanson requested information regarding
parties at vacant homes. Assistant Chief Lynn and City
Attorney Gennaro responded.
Vice-Mayor Hanson made comments regarding on-going
efforts to provide law enforcement.
Councilmember Sullivan requested the Legislation and
Litigation Committee review measures taken by other
cities to control unwanted pet populations.
Mayor Hall made comments regarding recent community
cleanup projects, organized by Chief Fraze and Pastor Ron
Vietti, and conducted by members of the Valley Bible
Fellowship Church.
Mayor Hall made comments regarding the Arbor Day
celebration on the bikepath near Cal State in which the City
Recreation and Parks Department, Kern River Parkway
Foundation, and the Tree Foundation of Kern utilized the
services of volunteers to plant one hundred and fifty trees
along the bikepath.
Mayor Hall made comments regarding the new Police
Department website.
Bakersfield, California, March 12, 2008 - Page 14
19 . ADJOURNMENT
ACTION TAKEN
Mayor Hall adjourned the meeting at 9:20 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
S:ICounciIIMINUTES\2008IFeb 27.doc