HomeMy WebLinkAbout05/07/08_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MAY 7, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS
3. APPOINTMENTS
4. CONSENT CALENDAR
(Ward 3)
(Ward 1,4,6)
(Ward 2)
Minutes:
a. Approval of minutes of the April 23, 2008, Regular City Council Meeting.
Payments:
b. Approval of department payments from April 11, 2008 to April 24, 2008 in
the amount of $15,194,906.54 and self-insurance payments from April 11 , 2008 to
April 24, 2008 in the amount of $185,939.58.
Ordinances:
c.
First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map NO.1 03-22) of Title Seventeen of the Municipal Code by
changing the zoning from R-1 (One-Family Dwelling) to R-3/P.U.D. (Multi-Family
Dwelling/Planned Unit Development) on 9.76 acres located generally south of Bernard
Street between New Market Way and Oswell Street (ZC #07-1977 - San Joaquin
Engineering, representing Central California Conference of the Seventh Day Adventists)
d. Adoption of Ordinance amending Sections 13.04.021, 13.04.022 and 13.04.023 of the
Municipal Code relating to Maintenance Districts. (FR 04/23108)
e.
Adoption of Ordinance amending Municipal Code Sections 1.12.010, 1.12.040 and
1.12.060 by adding Annexation No. 519 consisting of 123.08 acres, located on the south
side of Panama Lane, generally east of Cottonwood Road; Annexation No. 590 consisting of
94.11 acres, located on the east and west side of South Union Avenue, north of East
Hosking Avenue to Ward 1; Annexation No. 472 consisting of 37.75 acres, located west of
Calloway Drive, south of Seventh Standard Road; Annexation No. 553 consisting of 25.01
acres, located on the north side of Rosedale Highway, west of Allen Road; Annexation No.
566 consisting of 33.18 acres, located north of Etchart Road, east and west of Coffee Road
to Ward 4; and, Annexation No. 521 consisting of 9.77 acres, located north of Taft Highway,
west of Stine Road to Ward 6. (FR 04/23/08)
Resolutions:
f. 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.
g.
Resolution authorizing the filing of an application with the Kern Council of Governments for
allocation of Transportation Development Act funds for Fiscal Year 2008-09 ($172,247) to be
utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year.
4. CONSENT CALENDAR continued
h. Resolution to extend the terms of existing PG&E franchise agreements for the use,
transmission, and distribution of gas and electricity within the City for a period of an
additional 120 days (to September 19, 2008) under the existing terms and conditions.
(Ward 1)
i.
Resolutions approving applications proposing proceedings for annexation of uninhabited
territory to the City identified as:
1. Annexation No. 560 consisting of 7,484 sq. ft., located east of McDonald Way,
between Belle Terrace and Blomquist Drive.
2. Annexation No. 577, consisting of 0.52 acres, located east of Fiorito Street, between
Belle Terrace and Blomquist Drive.
Agreements:
(Ward 4)
j.
Reimbursement Agreement with Castle & Cooke California, Inc. (not to exceed $75,000.00)
for design of roadway improvements at Allen Road and Ming Avenue.
(Ward 1)
k.
Agreement with the Bakersfield Senior Center ($1 oo,ooo~ of Community Development Block
Grant funds to rehabilitate exterior walkway/roof at 530 4 h Street.
I. Assignment of Ground Lease Agreement 07-138 with Thomas and Robin Brown ($40
monthly) at the Bakersfield Municipal Airport for Hangar space B-4.
m. Assignment of Ground Lease Agreement 06-361 with James Haddad ($40 monthly) at
the Bakersfield Municipal Airport for Hangar space B-5.
n. Annual Agreements for Asphalt Rejuvenator and Sealant:
1. Amendment NO.1 to Agreement 07-141 with Burtch Construction (not to exceed
$2,000,000) and extending the term of May 7,2009 for the annual contract - provide
and apply asphalt rejuvenator and sealant.
2. Amendment No.1 to Agreement No. 07-142 with Alon Asphalt (not to exceed
$400,000) and extending the term of May 7,2009 for the annual contract - provide
ready-to-use asphalt rejuvenator and sealant.
o. Amendment NO.1 to Agreement No. 07-378 with T.D. Whitton Construction, Incorporated
(not to exceed $4,000,000) for annual contract - street reconstruction and paving.
Bids:
p. Accept bid and award annual contract to Zumar Industries, Inc. ($67,046.75) for traffic signs.
q. Water Meters
1. Accept bid and award annual contract to Badger Meters ($172,404.38).
2. Accept bid and award annual contract to Measurement Control Systems
($417,050.10).
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City Council Meeting of 05/07/08
4. CONSENT CALENDAR continued
Miscellaneous:
r. Budget and Finance Committee Report regarding Fiscal Year 2008/09 Community
Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency
Shelter Grant (ESG) Annual Spending Plan. (Accept report and authorize City Manager to
execute all documents.)
s. Revised Job Specification - Programmer Analyst #25090
t. Revised Job Specification
White Collar: Hazardous Materials Specialist, Fire Plans Examiner, Fire
Prevention/Environmental Officer
Management: Director of Fire Prevention/Environmental Services
u. Miscellaneous Appropriations:
1. Appropriate $200,000 additional revenue to the Public Works Department's Operating
Budget within the Equipment Management Fund for increased costs associated with
maintaining fleet equipment.
2. Appropriate $10,000 General Aviation Fund Balance to the Public Works
Department's Operating Budget for maintenance and improvement projects at the
Bakersfield Municipal Airport.
Staff recommends adoption of Consent Calendar items a through u.
5. CONSENT CALENDAR HEARINGS
(Ward 5)
a.
Public Hearing to consider General Plan Amendment/Zone Change 07-1135; Dave
Dmohowski, representing Tim Banducci, et. aI., the property owners, has applied for a
general plan amendment and zone change on approximately 60 acres generally located
northwest of Ashe Road and McCutchen Road. (Staff recommends adoption of resolution and
give first reading to ordinance.)
(Ward 2)
b.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to HMR (High Medium Density Residential) on 39.94 acres and to LI
(Light Industrial) on 19.99 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 123-28 from A (Agriculture Zone)
to R-2 (Limited Multiple Family Dwelling Zone) on 39.94 acres and to M-1 (Light
Manufacturing Zone) on 19.99 acres.
Public Hearing to consider General Plan Amendment/Zone Change No. 08-0151; the City
has requested a general plan amendment on 1.85 acres and zone chanj}e on approximately
0.92 acres located on the northeast corner of San Dimas Street and 33r Street. (Staff
recommends adoption of resolution and give first reading to ordinance.)
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment changing the land use designation from HR (High Density Residential) to
OC (Office Commercial) on 1.85 acres.
2. First reading of ordinance approving the Notice of Exemption, amending Title 17 of
the Municipal Code and amending Zoning Map NO.1 03-19 from R-3 (Multiple Family
Dwelling) to C-O (Professional and Administrative Office) on 0.92 acres.
3
City Council Meeting of 05/07/08
(Ward 5 & 6)* c.
5. CONSENT CALENDAR HEARINGS continued
(Ward 3)
(Ward 7)
(Ward 3)
. - upon annexation
Public Hearing to consider General Plan Amendment/Zone Change 07-1930; Brent
Dezember, representing Structure Cast, the property owner, has applied for a general plan
amendment and zone change on 19.55 acres, located at the southwest corner of Gosford
Road and McCutchen Road. (Staff recommends adoption of resolution and give first
reading to ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource -Intensive
Agriculture) to SI (Service Industrial) on 19.55 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture) to M-
2 (General Manufacturing) on 19.55 acres.
d.
Public Hearing to consider Resolution approving the issuance of Revenue Bonds by the
California Statewide Communities Development Authority for benefit of the Development
Services Support Foundation for Kern, Inyo and Mono Counties for the purpose of
acquisition, construction of a new office building, certain employee pension obligations,
refinancing of a bank loan, and required reserves and costs of issuance and certain other
matters relating thereto located at 3200 North Sillect Avenue. (Staff recommends adoption of
resolution.)
e.
General Plan Amendment/Zone Change 06-1052; Maurice J. Etchechury, representing The
John M. Antongiovanni Trust, the property owner, has applied for a general plan amendment
and zone change on approximately 20 acres located in southwestern Bakersfield at the
southwest corner of Panama Lane and Ashe Road. (Staff recommends continuance to the
meeting on May 21, 2008.)
1. Resolution making findings and certifying the Final Environmental Impact Report
(EI R) for GeneralPlan Amendment/Zone Change 06-1052.
2. Resolution adopting the general plan amendment changing the land use designation
from LR (Low Density Residential) to GC (General Commercial) on approximately 20
acres.
3. First reading of ordinance amending Title 17 of the Municipal Code and Zoning Map
No. 123-28 from R-1 (One Family Dwelling) to C-2/PCD (Regional
CommerciaVPlanned Commercial Development) on approximately 20 acres.
f.
Public Hearing to consider General Plan Amendment/Zone Change 07-2342
Spring Hill Development has applied for a general plan amendment and zone change
on approximately 18 acres generally located northeast of Highway 178 and
Masterson Street. (Staff recommends adoption of resolution and give first reading to
ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential) to
HMR (High Medium Density Residential) on approximately 18 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 104-16 from R-1 (One Family
Dwelling Residential) to R-2/PUD (Limited Multi-family Dwelling Residential/ Planned
Unit Development) on approximately 18 acres.
4
City Council Meeting of 05/07/08
5. CONSENT CALENDAR HEARINGS continued
(Ward 3)*
g.
General Plan Amendment/Zone Change 06-0494; Mcintosh and Associates, representing
Douglas De Berti and Sandye Deberti, the property owners, has applied for a general plan
amendment and zone change on 60 acres, located on the east side of Edison Road (future),
1/2-mile north of Breckenridge Road. (Staff recommends continuance to next General Plan
Amendment Cycle.)
1. Resolution denying the general plan amendment changing the land use designation
from R-MP (Resource - Mineral Petroleum) and OS (Open Space) to LR (Low
Density Residential) on 60 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and amendment
to Zoning Map No. 104-28 from A (Agriculture) to R-1 (One Family Dwelling) on 60
acres.
6. CLOSED SESSION
RECONVENED MEETING - approximately 6:30 p.m.
7. ROLL CALL
8. INVOCATION by Sarah McClure, 3rd grade student, Rio Bravo Greeley School
9. PLEDGE OF ALLEGIANCE by Pastor Matthew Mitchel, Golden Heights Church of Christ.
10. CLOSED SESSION ACTION
11. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Dr. Larry Reider, Kern County Superintendent
of Schools, proclaiming May 17, 2008 as "California Living Museum Day".
b. Presentation by Mayor Hall of Proclamation to Raul Rojas, Public Works Director, City of
Bakersfield, proclaiming May 18 - 24, 2008, as "National Public Works Week".
12. PUBLIC STATEMENTS
13. REPORTS
a. Presentation of the Proposed Fiscal Year 2008-09 Budget.
* - upon annexation
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City Council Meeting of 05/07/08
14. HEARINGS
(Ward 4)
a.
General Plan AmendmenVZone Change 07-2098; Mcintosh & Associates, representing
Castle & Cooke Commercial, the property owner, has applied for a general plan
amendment and zone change on approximately 47 acres located west of Calloway Drive,
between Stockdale Highway and the Kern River.
1. Resolutions adopting the Land Use Element and Kern River Plan General Plan
Amendments and changing the conditions of approval that were adopted as part of
the River Walk Commercial Center GPA/ZC 00-0291 (Exhibit B of Resolution No.
123-01), as follows:
a. Change Condition No. 19.b. from the requirement that no individual retail
space will be more than 100,000 square feet of gross leasable area to a
maximum of 140,000 square feet for the ground floor; and
2. First Reading of Ordinance amending Title 17 of the Municipal Code changing
conditions of approval that were adopted as part of the Riverwalk Commercial
Center GPA/ZC 00-0291 (Exhibit C of Ordinance No. 4020); change Condition No.
19.b. from the requirement that no individual retail space will be more than 100,000
square feet of gross leasable area to a maximum of 140,000 square feet for the
ground floor
Staff recommends open and continue hearing until May 21,2008.
15. DEFERRED BUSINESS
16. NEW BUSINESS
17. COUNCIL AND MAYOR STATEMENTS
18. ADJOURNMENT
Respectfully submitted,
q4~
Iv Alan Tandy
City Manager
05/01/088:35 AM
6
City Council Meeting of 05/07/08
AGENDA HIGHLIGHTS
May 7, 2008 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
CONSENT CALENDAR
Ordinances
Item 4c. First Readina of an Ordinance Approvino a Neoative Declaration and Amendino the Municipal Code
bY Chanoinc the Zonino from R-1 to R-3/PUD on 9.76 Acres Located Generally South of Bernard Street
between New Market Way and Oswell Street. San Joaquin Engineering, representing Central California
Conference of the Seventh Day Adventists, proposes multi-family residential units. On April 3. 2008, the
Planning Commission recommended adoption by the City Council. No one spoke in opposition at the hearing.
Staff and the Planning Commission are recommending the R-3/PUD zone to provide public comment on the
design of higher density residential units by surrounding single-family residential owners prior to development.
The zone change will bring the project site into conformance with the HR (High Density Residential) General
Plan Land Use designation. The site contains an abandoned and vandalized school site, originally constructed
in 1954. No plans have been submitted.
Aareements
Item 4n. Annual Aoreements for Asphalt Reiuvenator and Sealant. The first item is Amendment No. 1 to
Agreement No. 07-141 with Burtch Construction to provide and apply the product in an amount not to exceed
$2,000,000, and to extend the term of the agreement to May 7,2009. The second item is Amendment No.1 to
Agreement No. 07-142 with Alon Asphalt to provide the product in an amount not to exceed $400,000. and
also to extend the term to May 7,2009. The original agreements were approved by Council on May 7,2007.
These agreements allowed for four consecutive one-year extensions.
Item 40. Amendment No.1 to Aoreement No. 07-378 with T.D. Whitton Construction. Incoroorated for the
Annual Contract for Street Reconstruction and Pavino in an amount not to exceed $4.000.000. Council
approved the original agreement in October, 2007. The terms were based on staff's estimate of paving needs
by an outside contractor balanced with the amount of paving to be performed by City crews. Staff re-evaluated
the workload distribution, and determined that additional funding is needed for the outside vendor contract to
allow for maximum paving work to occur during the paving season. T.D. Whitton agreed to increase the
contract under the same terms and conditions as specified in the original Agreement.
!!!I!
Item 4q. Award Annual Contracts to Badaer Meters and Measurement Control Systems in the amounts of
$172.404.38 and 5417.050.10. respectively. Two acceptable bids were received in response to the 92
invitations sent. In order to get the most favorable pricing, staff recommends splitting the award based on the
size of the meter, as follows: Badger Meters for those 3" or greater in size and Measurement Control Systems
for meters 2" or less in size. The contracts are renewable annually for four consecutive one-year periods upon
mutually agreeable terms.
Miscellaneous
Item 4r. Budoet and Finance Committee Report reaardino FY 08/09 Community Development Block Grant
(CDBG). HOME Investment Partnership (HOME)' and Emeraency Shelter Grant (ESG) Annual Spendinc Plan.
On February 25, 2008, the Budget and Finance Committee reviewed the Annual HUD Action Plan for FY
08/09. The total funds available for FY 08/09 is $5,151,124 which represents $3.324,357 of CDBG funds
(includes program income of $20,000), $1,680,104 of HOME funds (includes program income of $150,000),
and $146,663 of ESG funds. The Plan outlines the activities to be undertaken by the City to address
community development and housing needs identified in the five-year Consolidated Plan adopted by City
Council in May, 2005. The deadline to submit the Plan to HUD is May 15, 2008, after which HUD will have 45
days to review it for compliance with federal regulations. Funds are expected to be available after July 1,
2008. The Budget and Finance Committee unanimously supported the proposed Plan, and recommended
forwarding it to the City Council for review and approval.
CONSENT CALENDAR HEARINGS
On March 20, 2008, the Planning Commission recommended approval of Items Sa. and 5b.
Item 5c. was recommended for approval on April 3, 2008. No Individuals or agencies
oppose the requests, and the applicants agree to all conditions and mitigation for the
projects.
Item 5a. Public Hearino to Consider a General Plan Amendment and Zone Chanoe on Accroximately 60
Acres Generally Located Northwest of Ashe Road and McCutchen Road. Dave Dmohowski, representing Tim
Banducci, et. aI., the property owners, propose development of approximately 325,000 square feet of light
industrial uses on the southern 20-acre parcel and approximately 450 total single- and multi-family dwelling
units on the northern 40-acre parcel.
Item 5b. Public Hearino to Consider a General Plan Amendment on 1.85 Acres and Zone Chanoe on
AccroximatelY 0.92 Acres Located on the Northeast Corner of San Dimas Street and 33rd Street. City staff
proposes the GPAlZC to allow for the development of an office parking lot that will support the adjacent
medical offices of Bakersfield Memorial Hospital (BMH). The project will also allow for a correction to General
Plan maps to be consistent with the existing zone designation.
There are a few single-family residential units on the western 0.92 acres of the project which will become legal
nonconforming uses with this action. BMH is actively trying to acquire some of this area. None of these
property owners have expressed any concern with this proposal.
Item 5c. Public Hearino to Consider a General Plan Amendment and Zone Chanoe on 19.55 acres. located at
the Southwest Corner of Gosford Road and McCutchen Road. Brent Dezember, representing Structure Cast,
the property owner, proposes the action to acknowledge the existing concrete batch plant on the 19.55 acres
project site. The property is in the process of annexation.
Item 5d. Public Hearino to Consider a Resolution accrovino the Issuance of Revenue Bonds by the California
Statewide Communities Develocment Authority (Authority) for Benefit of the. Develocmental Services Succort
Foundation for Kern. Inyo and Mono Counties. The City is being asked to adopt a resolution approving tax-
exempt revenue bonds by the Authority in an aggregate principal amount not to exceed $14 million. These
funds will provide assistance with the purchase and rehabilitation of a facility at 3200 North Sillect Avenue.
Such approval is required for compliance with federal tax laws.
The proceeds from the bonds will be used to finance the acquisition and construction of a new office building,
certain employee pension obligations, refinancing of a bank loan, and required reserves and costs of issuance.
These are tax-exempt private activity bonds for the purposes of the Internal Revenue Code, and, as such,
require the approval of the elected body of the governmental entity having jurisdiction over the area where the
project to be financed is located. The Citv will not be under any oblioation to recay the Bond indebtedness.
In order for the Authority to issue such Bonds, the City must: (1) conduct a public hearing, and (2) approve of
the Authority's issuance of Bonds on behalf of the proposed financing. Although the Authority (not the City) will
be the issuer of the tax-exempt revenue bonds, the financing cannot proceed without the City becoming a
member of the Authority, and, as the governmental entity having jurisdiction over the site, approving the
Authority's issuance of indebtedness.
May 7, 2008 Agenda Highlights
PaQ9 2
Item 5e. Public Hearino to Consider a General Plan Amendment and Zone Chanoe on Aooroximatelv 20
acres located at the Southwest Corner of Panama Lane and Ashe Road. Staff recommends opening the
hearing and continuing it to May 21, 2008. Staff was advised by John Furrow, M.R. Wolf and Associates, P.C.,
of a possible noticing question. In order to avoid problems, the matter will be continued as indicated.
Item 5f. Public Hearino to Consider a General Plan Amendment and Zone Chanoe on Aooroximatelv 18 Acres
oenerallv Located Northeast of Hiohwav 178 and Masterson Street. Spring Hill Development proposes
development of a senior living development consisting of independent living, assisted living, skilled care, and
Alzheimer's care facilities. On March 20, 2008, the Planning Commission recommended approval to the City
Council. One area property owner spoke at the public hearing, and voiced concerns regarding the proposed
density and traffic. Another property owner submitted e-mail correspondence to City staff regarding the density
of the project and the development of scenic areas in Northeast Bakersfield. The applicant agreed to all
conditions and mitigation for the project.
Item 5g. Public Hearino to Consider a General Plan Amendment and Zone Chanoe on 60 Acres Located on
the East Side of Edison Road (future), 1/2-mile North of Breckenridoe Road. This item has been delayed
many times. The last time it came before Council, there was a discussion as to whether or not the matter
should be voted on or postponed again. There are different circumstances this time in that those in protest and
the applicant have jointly agreed to continue the matter to the next General Plan cycle.
Council will ad/ourn followlno the coma/et/on of the Consent Ca/endar Hear/nos
CONTINUATION OF THE REGULAR MEETING - APPROXIMATELY 6:30 P.M.
REPORTS
Item 138. Presentation of the Prooosed FY 2008 - 09 Budaet. The City Manager's Office will provide a
detailed' overview of the proposed Operating, Capital Improvement and Bakersfield Redevelopment Agency
budgets.
HEARINGS
Item 148. Public Hearino to Consider a General Plan Amendment and Zone Chanoe on Aooroximatelv 47
Acres Located West of Callowav Drive. between Stockdale Hiahwav and the Kern River. The request is to
allow a "big box" of 140,000 square feet. Staff is recommending that the hearing be opened and continued to
May 21, 2008 in order to provide time to meet with the developer on several areas of concern, as detailed in
the Administrative Report.
Approved: p~
Rhonda Smiley, Assistant to the City Manager I PIO D
cc: Department Heads
City Manager's File
City Clerk's Office
News Media File
May 7, 2008 Agenda Highlights
PaQe 3
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA SECTION: Consent Calendar
ITEM: 4. Cl."
APPROVED
DEPARTMENT HEA~
CITY ATTORNEY
CITY MANAGER It
SUBJECT: Approval of minutes of the April 23, 2008 Regular Council Meeting.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
April 25, 2008
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: May 07, 2008
AGEN~~ SECTION: Consent Calendar
ITEM: /-f~ h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ..I"t.I")
CITY ATTORNEY J1 -
CITY MANAGER Es
April 24, 2008
SUBJECT: Approval of department payments from April 11, 2008 to April 24, 2008 in the amount of
$15,194,906.54 and Self Insurance payments from April 11, 2008 to April 24,2008 in the
amount of $185,939.58.
RECOMMENDATION:
Staff recommends approval of payments totaling $15,380,846.12.
BACKGROUND:
RAR
April 25, 2008, 1 0:50AM
S:\Richard\AP\AOMIN-AP .doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Consent Calendar
ITEM: 4-, c.
May 1, 2008
CITY ATTORNEY
CITY MANAGER
APPROVED
~
/3f>>xJ
R.s
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map No.103-22) of Title Seventeen of the Bakersfield Municipal Code
by changing the zoning from R-1 (One-Family Dwelling) to R-3/P.U.D. (Multi-Family
Dwelling/Planned Unit Development) on 9.76 acres located generally south of Bernard
Street between New Market Way and Oswell Street (ZC # 07-1977 - San Joaquin
Engineering, representing Central California Conference of the Seventh Day Adventists)
(Ward 3)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On April 3, 2008, the Planning Commission held an advertised public hearing on this zone change
request, and recommend adoption by the City Council. The zone change request consists of changing
the zoning from R-1 (One-Family Dwelling) to R-3/P.U.D. (Multi-Family Dwelling/Planned Unit
Development) on 9.76 acres. The applicant had requested a zone change to an R-3 (Multi-Family
Dwelling) zone to allow multi-family residential units on the project site. Staff and the Planning
Commission are recommending the zone change to be an R-3/P.U.D. (Multi-Family Dwelling /Planned
Unit Development) zone to provide public comment on the design of higher density residential units by
surrounding single-family residential owners prior to development. No plans have been submitted. The
zone change will bring the project site into conformance with the HR (High Density Residential) General
Plan Land Use designation on the subject property. The site contains an abandoned and vandalized
school site, originally constructed in 1954.
No one spoke in opposition to the project at the Planning Commission hearing.
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and advertised.
Staff recommends first reading of the ordinanCe and approving a Negative Declaration.
April 21. 2008, 4:26PM
PE / S:\DanaIADMINS\200BIMay\5-7-1977 1.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGEND~ ~ECTlON: Consent Calendar
ITEM: '-I. d.J
March 31, 2008
APPROVED
'I
DEPARTMENT HEAD lYe .-'"
CITY ATTORNEY I8tn4
CITY MANAGER Rs
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
SUBJECT: Ordinance Amending Sections 13.04.021, 13.04.022 and 13.04.023 of the Bakersfield
Municipal Code Relating To Maintenance Districts.
RECOMMENDATION: Staff recommends adoption of the ordinance
BACKGROUND: There are certain, very limited areas of the City that, when developed with residential
tracts, may drain their storm water into a County maintained facility. For these areas, the County has
informed us of their intent to charge every parcel within the tract $50 annually. This fee was developed by
Kern County's Engineering and Survey Services for their County Service Areas (CSA's). We have
notification from the County of their intent to collect this annual maintenance fee for Tract 6917 - a five
acre tract on Wilson Road, between South Chester and South Union containing 23 mobile home lots. This
is the only tract so far that has this requirement on it from the County. This is a circumstance that occurs
only rarely.
This am~ndment will allow the City to collect this fee from the parcels affected. The standard process of
Maintenance District formation would be followed: the submission of a ballot signed by the property owner
acquiescing to the assessment; the adoption of an Engineer's Report with a boundary l11ap giving the
particulars of the annual maintenance fee; and the recording of a covenant stating the maximum annual
assessment with the statement that the assessment may be increased annually in accordance with the
Consumer Price Index.
This ordinance amendment had a first reading on April 23, 2008.
mps
April 2, 2008, 8:34AM
G:\GROUPDAl\ADMINRPl\2008\05-7\MD Ordinance amend.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA SECTION: Consent Calendar
ITEM: .
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
April 24, 2008
CITY ATTORNEY
CITY MANAGER Rs
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections ~ 1.12.01 0, ~
1.12.040 and ~ 1.12.060 by adding Annexation No. 519 consisting of 123.08 acres,
located on the south side of Panama Lane, generally east of Cottonwood Road,
Annexation No. 590 consisting of 94.11 acres, located on the east and west side of
South Union Avenue, north of East Hosking Avenue to Ward 1, Annexation No. 472
consisting of 37.75 acres, located west of Calloway Drive, south of Seventh Standard
Road, Annexation No. 553 consisting of 25.01 acres, located on the north side of
Rosedale Highway, west of Allen Road, Annexation No. 566 consisting of 33.18 acres,
located north of Etchart Road, east and west of Coffee Road to Ward 4 and Annexation
No. 521 consisting of 9.77 acres, located north of Taft Highway, west of Stine Road to
Ward 6. (Wards 1, 4 & 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on April 23, 2008.
This ordinance amends the ward boundaries to include Annexations 519, 590, 472, 553,566 and 521
into corresponding Council ward. These annexations were recently approved by LAFCO.
Annexation No. 519 is located on the south side of Panama Lane, generally east of Cottonwood
Road. The property consists of 123.08 acres. The property owner proposes the development of
single family residential units on the project site. The property owner requested annexation for
development purposes and to receive city services.
Annexation No. 590 is located on the east and west side of South Union Avenue, north of East
Hosking Avenue. The area is fully developed and inhabited, consisting of 94.11 acres. This
annexation eliminates a county island and the property owners requested annexation in order to
receive city services.
ADMINISTRA liVE REPORT
Page 2
Annexation No. 472 is located west of Calloway Drive, south of Seventh Standard Road. The
property consists of 37.75 acres. The property owner requested annexation for development
purposes and to receive city services.
Annexation No. 553 is located on the north side of Rosedale Highway, west of Allen Road. The
property consists of 25.01 acres. The property owner proposes development of single family
residential and a neighborhood church on the site. The property owner requested annexation for
development purposes and to receive city services.
Annexation No. 566 is located north of Etchart Road, east and west of Coffee Road. The propertY
consists of 33.18 acres. The property owner requested annexation for development purposes and to
receive city services.
Annexation No. 521 is located north of Taft Highway, west of Stine Road. The annexation consists of
9.77 acres. The property owner requested annexation to receive city services.
DL:dc
S:\Annexation\Ordlnances\2007\admin\Admln adopt 5-7-08519. 590. 472. 553. 566 & 521.DOC
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Consent
ITEM
FROM: ~Stanley G. Grady, Development Services Director
DATE: April 18, 2008
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD 5t-
CITY ATTORNEY ~
CITY MANAGER Is
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 April 14, 2008, by the Assistant City Manager and all proposed
charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the
Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures
which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste
matter. The property owners were notified and failed to comply with the notices to abate such public
nuisance. After a hearing duly noticed and held before the Building Director, the Director issued
orders requiring the property owner to abate the public nuisance. The subject properties are listed as
follows:
APN
COST
PROPERTY LOCATION
Ward 1/Councilmember Irma Carson
1.
2.
3.
4.
5.
906 S. Brown
3613 Elda Avenue
3619 Elda Avenue
607 S. Haley St.
601 PachecoRd.#7
019-153-03
172-131-09
172-131-11
019-102-16
412-045-02
$ 650.00
$ 570.00
$ 525.00
$ 650.00
$ 595.00
April 14, 2008, 1:06PM
C:\Documents and Settings\bbrown\Desktop\ADMIN\admin May 08.doc
ADMINISTRATIVE REPORT
Page 2 of 3
PROPERTY LOCATION
APN
COST
Ward 1/Councilmember Irma Carson
6.
7.
8.
9.
1303 Potomac Ave.
312 Rodman St.
1300 Virginia Ave.
Vacant lot next to 701 Casa Loma
018-091-36
139-293-06
018-123-38
170-070-23
$ 399.00
$ 600.00
$ 660.00
$ 1,020.00
Ward 21Councilmember Sue Benham
10. 2500 Bank St. 008-162-17 $ 750.00
11. 515 Holtby Rd. 007 -322-07 $ 549.00
12. 1 000 Kentucky St. 015-380-17 $ 625.00
13. 2825 Panama St. 002-101-11 $ 450.00
14. 931 31 sl St. 002-071-11 $ 3,050.00
Ward 3/Councilmember Ken Weir
15. Lot So. Of Juanito Ct. 432-010-06 $ 789.00
Ward 41Councilmember David Couch
16. 12118 Great Country Dr. 528-281-05 $ 620.00
Ward 5/Councilmember Harold Hanson
17. 10923 Vista Del Valle Dr. 497-312-05 $ 544.00
Ward 6/Councilmember Jacauie Sullivan
18. 5809 Almendra Ct. 355-081-16 $ 690.00
Ward 7/Councilmember Zack Scrivner
19. 1901 Custer Ave. 023-122-11 $ 300.00
20. 3824 Fambrough Dr. 025-162-07 $ 573.00
April 14, 2008, 1 :06PM
C:\Documents and Settings\bbrown\Desktop\ADMIN\admin May 08.doc
ADMINISTRATIVE REPORT
Page 3 of 3
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
April 14, 2008, 1:06PM
C:\Documents and Settings\bbrown\Desktop\ADMIN\admin May 08.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Consent Calendar
ITEM: '-I. Q..
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t~
If
April 11, 2008
SUBJECT: Resolution authorizing the filing of an application with the Kern Council of Governments for
allocation of Transportation Development Act funds for Fiscal Year 2008-09 ($172,247) to
be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year
(Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern Council of
Governments (Kern COG). TDA Article 4 Public Transportation funds have been used by Kern COG to
address transit problems. Golden Empire Transit and other transit service-oriented organizations have
been receiving these local transit funds to provide for the transportation needs within the City of
Bakersfield. The City of Bakersfield is also eligible for TDA Article 4 Public Transportation funds to offset
maintenance costs for the Bakersfield Amtrak Station.
As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of the site.
These Article 4 Transportation Development Act funds can be used to pay for those maintenance
activities. This Resolution authorizes staff to submit an application for those funds. The amount
requested for Fiscal Year 2008/09 totals $172,247.
G:\GROUPDA T\ADMINRPT\2008\05-07\Amtrak TDA Funds.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGEN~' SEhCTION: Consent Calendar
ITEM: 'I. ,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
J311M
~
Ids
April 21, 2008
SUBJECT: Resolution to extend the terms of existing PG&E franchise agreements for the use,
transmission, and distribution of gas and electricity within the City of Bakersfield for a period
of an additional 120 days (to September 19,2008) under the existing terms and conditions.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
On January 20, 1958, the City Council granted Pacific Gas and Electric Company ("PG&E") franchises to
use, transmit, and distribute gas and electricity within the City of Bakersfield. The term of each franchise
was for a period of 50 years. The franchises were due to expire on or about February 19, 2008.
PG&E requested in writing that the City Council extend the terms of the existing franchises for a period of
90 days in order to allow the parties to finalize and submit to the City Council new franchise ordinances.
On January 16, 2008, the Council passed a resolution extending the existing franchises, under the same
terms and conditions as exist now, for a period of 90 days (until May 19,2008).
Over the last few months, PG&E and the City have made substantial progress toward reaching agreement
on new franchise ordinances. In order to allow the parties to finalize the terms of the new ordinances and
comply with notice requirements, City staff and PG&E wish to extend the existing franchises an additional
120 days (to September 19, 2008).
Adoption of this resolution will extend the term of the current franchise ordinances for gas and electricity to
September 19, 2008. This extension will allow for continuation of service to City residents and businesses
as well as continuation of franchise revenue to the City during the period negotiations are taking place.
RMS:lsc
S:\COUNCILlAdmlns\07-QS Admins\PG&E.FranchiseExt(1 ).doc
April 21, 2008, 9:32AM
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA ~ECTION: Consent Calendar
ITEM: I-f. j:
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD )v--
May 1, 2008 CITY ATTORNEY ~
CITY MANAGER Rs
SUBJECT: Resolutions approving applications proposing proceedings for annexation of
uninhabited territory to the City identified as:
1. Annexation No. 560 consisting of 7,484 sq. ft., located east of McDonald Way,
between Belle Terrace and Blomquist Drive. (Ward 1)
2. Annexation No. 577, consisting of 0.52 acres, located east of Fiorito Street,
between Belle Terrace and Blomquist Drive. (Ward 1 )
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolutions of application propose proceedings for annexation of uninhabited territory to the
City of Bakersfield are identified as Annexation No. 560 consisting of 7,484 sq. ft., located east of
McDonald Way, between Belle Terrace and Blomquist Drive and Annexation 577 consisting of
0.52 acres of land, located east of Fiorito Street, between Belle Terrace and Blomquist Drive.
These annexations are adjacent to the City limits and are within the City's Sphere of Influence
boundary. The property owners have consented to annexation. The proposal is to annex the
land for development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax
split agreement (Memorandum 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:\Annexatlon\Res of Applic\Admin Draft 560 & 577.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Consent Calendar
ITEM: 1-/ ;.
tJ
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
!II.. .
· /i--
Is
April 22, 2008
SUBJECT: Reimbursement Agreement with Castle & Cooke California, Inc. (not to exceed $75,000.00)
for design of roadway improvements at Allen Road and Ming Avenue (Ward 4).
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND: In conjunction with other Castle & Cooke (C&C) projects in the area, C&C has also
expended money for civil engineering designs for South Allen Road from Ming Avenue north to the future
bridge over the Kern River ("Allen Road Project"). There is significant benefit in the designs done by
C&C being built at the same time that bridge access over the Kern River on Allen Road is constructed.
Using the C&C designs with our bridge construction project will save money due to economy of scale, will
mitigate construction disruption to the citizens, and allow a fully functional project to open to the public at
one time when work is completed.
CITY staff negotiated with C&C for reimbursement of design services for the Allen Road Project. Said
design costs shall include field survey work, engineering, and preparation of construction plans and
technical specifications for roadway work on Allen Road south of the bridge and if necessary includes
engineering support from their consultant during the construction of the Allen Road Project.
The design completed by C&C was used in our recently awarded bid that went to Granite Construction,
Inc. for construction of the bridge improvement project.
(tma)
(T4K142)
April 23, 2008, 3:27PM
G:\GROUPDAT\ADMINRPT\2008\05-07\Reimbursement Agmt - Castle&Cooke.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA SECTION: Consent Calendar
ITEM: 4. 1<.
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER fls
April 22, 2008
SUBJECT: Agreement with the Bakersfield Senior Center for $100,000 of Community Development
Block Grant funds to rehabilitate exterior Walkway/Roof at 530 4th Street. (Ward 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The City Council amended the 2006-07 City of Bakersfield Action Plan last year, which allocated $100,000
in Community Development Block Grant funds for the Bakersfield Senior Center to rehabilitate a sagging
exterior walkway and replace damaged walkway roofs. The Bakersfield Senior Citizens Center (BSC), a
501 (c)(3) nonprofit corporation located at 530 4th Street, provides a variety of recreational, social,
educational, and vocational training activities primarily for low income senior citizens of the Greater
Bakersfield Metropolitan Area.
The rehabilitation work will generally be a tear-off removal and clean up of the existing roof, new plumbing
flashing with a minimum four (4) ply hot mop system. Besides re-roofing, other components of the
rehabilitation may include plaster/stucco, carpentry, electrical work and painting of the walkway. Estimated
time to complete the project is about 3 months from date of Council approval.
The grant funds will be secured by a Deed of Trust on the property for a restrictive use period of five (5)
years. After five (5) years from Notice of Completion of successful operation of the facility and compliance
with the conditions of the project agreement, the City will reconvey title back to the Bakersfield Senior
Center.
S:\Admins\City Council\Clty Council Admins 2008\BSC Admin 05.07.2oo8.doc
4/22/2008 9:28 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2007
AGENDA SECTION: Consent Calendar
ITEM: 4. j.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER Ils
April 29, 2008
SUBJECT: Assignment of Ground Lease Agreement #07-138 for Hangar Space B-4 with Thomas and
Robin Brown ($40.00 monthly lease) at the Bakersfield Municipal Airport (Ward 1).
RECOMMENDATION: Staff recommends approval of the Assignment of Ground Lease Agreement.
BACKGROUND: The Ground Lease Agreement for Hangar space B-4 is currently with Kern Charter who
desires to sell their hangar and assign his interest in the ground lease to Thomas and Robin Brown. The
ground lease allows for this assignment and the $200.00 processing fee. The assignment will transfer all
Terms of the ground lease to Thomas and Robin Brown including the monthly rent of $40.00.
ep
April 29, 2008, 1 :33PM
G:\GROUPDA T\ADMINRPT\ADMINFORM.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2007
AGENDA SECTION: Consent Calendar
ITEM: 4. m,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/!lL-OVED
- k-
t
April 29, 2008
SUBJECT: Assignment of Ground Lease Agreement #06-361 for Hangar Space B-5 with James Haddad
($40.00 monthly lease) at the Bakersfield Municipal Airport (Ward 1).
RECOMMENDATION: Staff recommends approval of the Assignment of Ground Lease Agreement.
BACKGROUND: The Ground Lease Agreement for Hangar space B-5 is currently with Kern Charter who
desires to sell their hangar and assign his interest in the ground lease to James Haddad. The ground
lease allows for this assignment and the $200.00 processing fee. The assignment will transfer all
Terms of the ground lease to James Haddad including the monthly rent of $40.00.
ep
April 29, 2008, 1 :32PM
G:\GROUPDA T\ADMINRPT\ADMINFORM.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Consent Calendar
ITEM: 4, n.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
April 24, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Annual Contracts for Asphalt Rejuvenator and Sealant. (Citywide)
1. Amendment NO.1 to Agreement No. 07-141 with Burtch Construction (not to exceed
$2, 000, OOO) and extending the term to May 7, 2009 for the annual contract - provide
and apply asphalt rejuvenator and sealant.
2. Amendment NO.1 to Agreement No. 07-142 with Alon Asphalt (not to exceed $400,OOO)
and extending the term to May 7, 2009 for the annual contract - provide ready-to-use
asphalt rejuvenator and sealant.
RECOMMENDATION: Staff recommends approval of amendments to the Agreements.
BACKGROUND: On May 9, 2007, Council awarded the Annual Contracts for asphalt rejuvenator and
sealants in the amount of $1,200,000. The Agreement allows for four (4) consecutive one-year extensions
of agreement, if all parties agree. City staff and Burtch Construction and Alon Asphalt agree to the
extension of Agreements under the same terms and conditions. Extending the Agreements allows the
City options for providers of ready-to-use product and applied product as determined by staff availability.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment #1 to Agreement 07-141 and 07-142, Burtch Canst-Alan Asphalt, May 7, 20oa.doc
April 24, 2008, 10:06AM
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Consent Calendar
ITEM: ,-/, D.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
DEPARTMENT HEAD ~7
CITY ATTORNEY J;<
CITY MANAGER f!s
April 24, 2008
SUBJECT: Amendment No. 1 to Agreement No. 07-378 with T D Whitton Construction, Incorporated
(not to exceed $4,000,000) for Annual Contract - Street Reconstruction and Paving.
(Citywide)
RECOMMENDATION: Staff recommends approval of amendment No. 1 to the agreement.
E;lACKGROUND: On October 24,2007, Council awarded the annual contract for street reconstruction and
paving to T D Whitton Construction, Incorporated in the amount of $2,000,000.
The original contract amount was based on Public Works department estimate of paving needs by an
outside contractor balanced with the amount of paving to be performed by City crews. Staff has re-
evaluated this distribution of workload and has determined that additional funding is needed on the outside
vendor contract to allow for maximum paving work to occur during the paving season. The contractor, T D
Whitton Construction has agreed to increase the contract under the same terms and conditions to allow
continuance of the contract.
Purchasing Division
S:\PURCH\ADMIN\Amendments\Amendment NO.1 to Agreement 07-378, T D Whitton, May 7, 2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA SECTION: Consent Calendar
ITEM: '-/. ().
.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD /V ~
CITY ATTORNEY J1f
CITY MANAGER R.s
April 24, 2008
SUBJECT: Accept bid and award contract to Zumar Industries, Incorporated in the amount of
$67,046.75 for the Annual Contract for Traffic Signs for the Public Works Department.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract and authorization for
,staff to renew the agreement annually for four (4) consecutive one year periods .upon mutually agreeable
terms.
BACKGROUND: Invitations to Bid were sent to one hundred forty two (142) suppliers for the Annual
Contract for Traffic Signs. Five (5) bids were received in response to solicitation and are as follows. The
contract is renewable annually for four consecutive one-year periods at the City's option and upon
mutually agreeable terms.
BIDDER AMOUNT
Zumar Industries, Inc. $ 67,046.75
Santa Fe Springs, CA
Safeway Sign Company $ 71,872.30
Adelanto, CA
Maneri Sign Co., Inc. $ 88,887.73
Gardena, CA
Rocal, Inc $103,180.24
Frankfort, OH
Sign Technology $193,134.51
Fresno, CA
Staff finds the low bid submitted by Zumar Industries, Incorporated, Santa Fe Springs, CA to be
acceptable.
Purchasing Division
S:\PURCHIADMIN\AC for Traffic Signs. 07-08-76, Zumar Industries, May 7, 2008.doc
April 25, 2008, 11 :54AM
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Consent Calendar
ITEM: J-/, Y'
J!
TO: Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
April 22, 2008
SUBJECT: Annual Contract for Water Meters. (Citywide)
1. Accept bid and award contract to Badger Meters ($172,404.38) for the annual
contract - water meters.
2. Accept bid and award contract to Measurement Control Systems ($417,050.10) for
the annual contract - water meters.
RECOMMENDATION: Staff recommends acceptance of the bids, award of the contracts and
authorization for staff to renew the agreements annually for four (4) consecutive one year periods upon
. mutually agreeable terms.
BACKGROUND: Invitations to Bid were sent to ninety-two (92) suppliers for the Annual Contract for
Water Meters for the Water Resources Department. Two (2) bids were received in response to
solicitation. The bids submitted by the suppliers are based on the City's estimated quantity of items to be
purchased multiplied by the supplier's unit prices. Recommendation for award has been split between the
suppliers based on providing small water meters (2" or less) for single-family residential and large water
meters (3" or greater). The contract is renewable annually for four consecutive one-year periods at the
City's option and upon mutually agreeable terms.
In accordance with the terms of the bid, the City may accept any item or group of items bid, or award the
bid on the basis of total bid. In order to get the most favorable pricing, staff recommends the award be split
based on unit pricing as follows:
BIDDER
AMOUNT
$172,404.38
ITEMS AWARDED
Badger Meters
Milwaukee, Wisconsin
Water meters 3" or greater in size
Water meter strainers
Measurement Control Systems
Santa Ana, California
$417,050.10
Water meters 2" or less in size
(Bid Abstract Attached)
Purchasing Division
S:\PURCH\ADMIN\AC Water Meters, Badger Meters and Measurement Control Systems, 07-08-73, May 7, 2008.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
SECTION: Consent Calendar
.Y'
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD g
CITY ATTORNEY jJ(.
CITY MANAGER RS
Donna L. Kunz, Economic Development Director
April 28, 2008
SUBJECT: Budget and Finance Committee Report regarding FY 08/09 Community Development Block
Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Shelter Grant
(ESG) Annual Spending Plan. (ALL WARDS)
RECOMMENDATION:
The Budget and Finance Committee recommends acceptance of the report, and authorizes the City
Manager to execute all necessary HUD documents.
BACKGROUND:
The Budget and Finance Committee met on February 25, 2008 to review and consider the Annual HUD
Action Plan for FY 2008-2009. The proposed 2008/2009 Annual Action Plan is the fourth year of the
Consolidated Plan 2010 and represents activities to be funded with Community Development Block Grant
(CDBG), HOME Investment Partnership Program (HOME), and Emergency Shelter Grant (ESG)
entitlements. The total funds available for FY 08/09 is $5,151,124 which represents $3,324,357 of CDBG
funds (includes program income of $20,000), $1,680,104 of HOME funds (includes program income of
$150,000), and $146,663 of ESG funds.
A public notice was published on April 1 , 2008 concerning the availability of the draft annual action plan for
a HUD required 30-day citizen review and comment period. As part of the public review and comment
process, a publicized meeting was held on April 16, 2008 in the evening. The 30-day public review period
ended on May 1, 2007 and written publiC comments were received on the proposed use of HUD funds for
FY 08/09 (see attachment). As part of the citizen participation process requirements, a brief summary of
citizen comments received are reflected in the final Action Plan under the Citizen Participation section.
Under HUD regulations, the Annual Action Plan outlines the activities to be undertaken by the City to
address community development and housing needs identified in the five-year Consolidated Plan adopted
by City Council in May 2005. The attached public notice outlines the proposed funding to address these
needs by project/program.
The deadline for Action Plan submittal to HUD is May 15, 2008. HUD will then have 45 days to review the
Action Plan for compliance with federal regulations. Funds are expected to be available after July 1, 2008.
The Budget and Finance Committee unanimously supported the proposed HUD Action Plan for next fiscal
year, and recommended staff to proceed with the public notice and forward the FY 2008/09 CDBG, HOME
and ESG annual spending plan to the City Council in May for review and approval.
S:\Admins\Clty Council\Clty Council Admins 2008\FYOB_09_Actlon_Plan_admin.doc
4/28/2008 10:52 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGEND~ ISECTION: Consent Calendar
ITEM: ~. S.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Javier Lozano, Human Resources M\.at
April 25, 2008 ~ .
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Revised Job Specification: Programmer Analyst #25090
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The IT Director has requested that the Programmer Analyst job specification be revised to change it to a
multi-functional classification. It is appropriate to revise the Programmer Analyst into three (3) multi-
functional categories as each is unique in their specific job requirements. Different skill sets are required
for each Analyst category. The Programmer job specification has been revised to separate the Analyst
into the following three (3) categories: a Generalist, a Geographic Information Systems (GIS), and an
AS400 Analyst.
There is no budgetary impact as the salary will remain the same for all classifications. SEIU concurs with
the proposed revisions. The revised job specifications were presented to the Miscellaneous Civil Service
Board and approved at their April 15, 2008 meeting.
(cc)
S:\Admin Reports - 200B\Programmer Analyst - Rev 05-0B.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Consent Calendar
ITEM: 4. +.
Honorable Mayor and City Council APPROVED
Javier lozano, Human Resources Manager \~ DEPARTMENT HEAD
April 21, 2008 CITY ATTORNEY
TO:
FROM:
DATE:
CITY MANAGER
SUBJECT: Revised Job Specifications:
White Collar:
Hazardous Materials Specialist
Fire Plans Examiner
Fire Prevention/Environmental Officer
Director of Fire Prevention/Environmental Services
Management:
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
At the request of Fire Chief Ron Fraze, the job specifications for Hazardous Materials Specialist, Fire
Plans Examiner, Fire Prevention/Environmental Officer, and Director of Fire Prevention/Environmental
Services, have been reviewed and revised as they were last updated in 2002. Specifically, the Hazardous
Materials Specialist and Director of Fire Prevention/Environmental Services specifications have been
revised to delete the Title and Section codes as these change on a yearly basis. Additionally, the
minimum qualifications for Hazardous Materials Specialist, Fire Plans Examiner, and Fire
Prevention/Environmental Officer, have been revised and now require certification as an Underground
Storage Tank Inspector.
The City has met with Chuck Waide, SEIU representative, and he concurs with the proposed revisions for
the White Collar job specifications. The revised job specifications were presented and approved by the
Fire Civil Service Board at their April 14, 2008 meeting.
There is no budgetary impact as the salaries will remain the same.
S:\Admin Reports - 2008\Dir of Fire Prev.Env Svs revised job specs-Admin Rpt.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGEND~JSECTION: Consent Calendar
ITEM: I-fr Ii
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
:f :
Apri/24,2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
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SUBJECT: Miscellaneous Appropriations:
1. Appropriate $200,000 additional revenue to the Public Works Department's operating
budget within the Equipment Management Fund for increased costs associated with
maintaining fleet equipment.
2. Appropriate $10,000 General Aviation Fund Balance to the Public Works Department's
operating budget for maintenance and improvement projects at the Bakersfield
Municipal Airport.
RECOMMENDATION:
Staff recommends approval of appropriations.
BACKGROUND: This Administrative Report appropriates funds for several operating budget line
items. There is no General Fund impact associated with any of the appropriation requests. Following is a
justification for each item.
Subject 1 - Additional funds are needed to cover increases in several expenditure line items incurred for
the city's fleet equipment. There has been more equipment sent out to outside vendors for transmission
overhauls, engine overhauls, and suspension work. In addition, there has been an increase in the costs of
parts because of fuel surcharges. There is sufficient additional revenue to offset the increased costs.
Subject 2 - A greater number of maintenance and improvement projects were needed for airport
operations during the current fiscal year. These projects include: new pressure washer for the wash rack,
improvements to the marquee sign, hangar lighting, office maintenance and parking lot lighting. Many of
these projects required city staff time which is charged back to the General Aviation Fund in order to
reimburse the General Fund. An additional $10,000 appropriation from the General Aviation Fund balance
is necessary to cover operational costs.
G:\GROUPDA T\ADMINRPT\2008\05-07\Misc App ropriations.doc
GL
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA SECTION: Hearings
ITEM: 5. a
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
DATE: May 1,2008 CITY ATTORNEY ~
.
CITY MANAGER f~
SUBJECT: General Plan Amendment/Zone Change 07-1135 (Ward 5)
Dave Dmohowski, representing Tim Banducci, et. aI., the property owners, has applied
for a general plan amendment and zone change on approximately 60 acres generally
located northwest of Ashe Road and McCutchen Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource-Intensive
Agriculture) to HMR (High Medium Density Residential) on 39.94 acres and to LI
(Light Industrial) on 19.99 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 123-28 from A (Agriculture
Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 39.94 acres and to M-1
(Light Manufacturing Zone) on 19.99 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal consists of two separate properties located at the northwest comer of Ashe Road and
McCutchen road. An approximate 20-acre parcel under separate ownership is located between the two
subject properties and is not included in the GPAlzone change application.
The proposal would allow for the development of approximately 325,000 square feet of light industrial
uses on the southern 20-acre parcel. This parcel is located just north of the Southwest Wastewater
Treatment Facility, and is located within the 1/4-mile buffer for odor-sensitive uses. The proposed light
industrial uses are not considered to be odor-sensitive.
The proposal would allow for the development of approximately 450 total single and multiple family
dwelling units on the northern 40 acre parcel. This parcel is located outside the 1/4-mile buffer for odor-
sensitive uses associated with the Southwest Wastewater Treatment Facility, and is consistent with
adjacent planned residential uses. This property is also bisected diagonally by a 60-foot P. G. & E. gas
transmission pipeline easement, and associated conditions of approval have been recommended by
the Planning Commission and City staff.
ADMINISTRATIVE REPORT
Page 2
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on February 25,
2008, in accordance with CECA.
Various studies were conducted as part of the environmental review. This included traffic, air quality,
farmland conversion and cultural resource studies. As a result of those studies, associated mitigation
measures are proposed as conditions of approval for this item.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on March 20, 2008, and recommended approval to the City Council. No individuals or agencies present
at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the
project.
RB: - S:\GPA 1st 2008\07-1135\Adm SR\Admln Report 07-1135.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA SECTION: Hearings
ITEM: 5. h,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
May 2, 2008
CITY ATTORNEY
CITY MANAGER
APPROVED
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Es
SUBJECT: General Plan Amendment/Zone Change No. 08-0151. (Ward 2).
The City of Bakersfield has requested a general plan amendment on 1.85 acres and
zone change on approximately 0.92 acres located on the northeast comer of San Dimas
Street and 33rd Street.
1. Resolution approving the Notice of Exemption and adopting the general plan
amendment changing the land use designation from HR (High Density Residential)
to OC (Office Commercial) on 1.85 acres.
2. First reading of ordinance approving the Notice of Exemption, amending Title 17 of
the Municipal Code and amending Zoning Map No. 103-19 from R-3 (Multiple
Family Dwelling) to C-O (Professional and Administrative Office) on 0.92 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Notice of Exemption and approving the
general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposed zone change/general plan amendment would allow for the development of an office
parking lot. The parking lot is to support the adjacent medical offices of Bakersfield Memorial Hospital
(BMH). The city is a co-applicant as this project will also allow for a correction to general plan maps to
be consistent with the existing zone designation.
BMH owns the easterly 0.93 acres currently zoned C-O (Professional and Administrative Office) but
designated HR (High Density Residential) on the general plan. The proposal brings zoning and land
use into consistency on the eastern portion of the property. There are a few single family residential
units on the western 0.92 acres of the project which will become legal nonconforming uses with this
action. BMH is actively trying to acquire some of this area. None of these property owners have
expressed any concern with this proposal. One abandoned home on the 0.92 portion where a parking
lot is proposed is in disrepair and used illegally by transients.
BMH has slowly been expanding the medically related uses around the existing hospital. The hospital is
a very large employer (1,400 employees) providing a necessary service in a rapidly growing
metropolitan area. This expansion has the added attraction as serving as a redevelopment tool in a
very old part of Bakersfield.
ADMINISTRATIVE REPORT
Page 2
The Planning Commission conducted a public hearing on this general plan amendment and
recommended approval to the City Council on March 20, 2008. No individuals or agencies present at
the hearing opposed the request.
"BM"S;\GPA 1st 2008\08-0151\Admln SR\Admin Report 08-0151.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA SECTION: Hearings
ITEM: 5, C
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD .%-
CITY ATTORNEY ~
,
Stanley C. Grady, Development Services Director
May 2, 2008
CITY MANAGER Rs
SUBJECT: General Plan Amendment/Zone Change 07-1930 (Ward 5/6, upon annexation)
Brent Dezember, representing Structure Cast, the property owner, has applied for a general
plan amendment and zone change on 19.55 acres, located at the southwest comer of
Gosford Road and McCutchen Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from R-IA (Resource - Intensive
Agriculture) to SI (Service Industrial) on 19.55 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture) to
M-2 (General Manufacturing) on 19.55 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would acknowledge the existing concrete batch plant on the 19.55 acres project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
March 20, 2008 and April 3, 2008, and recommended approval to the City Council. No individuals or
agencies present at the hearing opposed the request.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on February 15, 2008,
in accordance with CEQA.
S:\GPA 1st 2008\07-1930\Staff Reports\Admin Report 1st Reading.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
Consent Calendar
TO: Honorable Mayor and City Council
FROM:
DATE:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER I!s
April 17, 2008
SUBJECT: Resolution approving the issuance of Revenue Bonds by the California Statewide
Communities Development Authority for benefit of the Developmental Services Support
Foundation for Kern, Inyo and Mono Counties for the purpose of acquisition, construction of
a new office building, certain employee pension obligations, refinancing of a bank loan, and
required reserves and costs of issuance and certain other matters relating thereto located
at 3200 North Sillect Avenue. (Ward 3)
RECOMMENDATION:
Staff recommends adoption.
BACKGROUND:
The City of Bakersfield is being asked to adopt a resolution approving of tax-exempt revenue bonds by
California Statewide Communities Development Authority (Authority) in an aggregate principal amount not
to exceed $14 .million, to assist Development Services Support Foundation for Kern, 'nyo and Mono
Counties (Kern Regional Center) for the purchase and rehabilitation of a facility in the City of Bakersfield.
Such approval is required for compliance with the federal tax laws under the Tax and Equity Fiscal
Responsibility Act of 1982 ("TEFRA"), as well as Section 9 of the Authority's Amended and Restated Joint
Powers Agreement (the "Agreemenf').
Kern Regional Center (KRC) was established in 1994 and serves approximately 6,300 people in Kern,
Inyo and Mono Counties. KRC has been providing services to those at risk of developing a developmental
disability, those with developmental disabilities, and their families.
The proceeds from the bonds will be used to finance the acquisition, construction of a new office building,
certain employee pension obligations, refinancing of a bank loan, and required reserves and costs of
issuance. The address for the facility in the City of Bakersfield is 3200 North Sillect Avenue, Bakersfield.
The Bonds would be tax.,exempt private activity bonds for the purposes of the Internal Revenue Code and,
as such, require the approval of the elected body of the governmental entity having jurisdiction over the
area where the project to be financed is located. The City will not be under any obliaation to reoav the
Bond indebtedness.
S:\Admins\City Councll\City Council Admins 2008\TEFRA kem regional.doc
4/17/20082:09 PM
ADMINISTRATIVE REPORT Page 2
In order for the Authority to issue such Bonds, the City must (1) conduct a public hearing allowing
members of the public to comment on the proposed Project, and (2) approve of the Authority's issuance of
Bonds on behalf of the proposed financing. Although the Authority (not the City) will be the issuer of the
tax-exempt revenue bonds for the Project, the financing cannot proceed without the City becoming a
member of the Authority and, as the governmental entity having jurisdiction over the site, approving of the
Authority's issuance of indebtedness.
The Authority is a California joint exercise of powers authority, organized and existing under the laws of
the State of California (specifically, California Government Code Section 6500 and following), and is
sponsored by the League of California Cities and the California State Association of Counties. Under the
California Government Code, cities and counties are authorized to form by agreement a governmental
entity that combines the powers of such entities to perform certain governmental functions specifically
outlined in the Agreement. With respect to the Authority, over 460 California cities, counties and special
districts have entered into and executed the Agreement to become a member of the Authority, including
the City of Bakersfield. The Authority is authorized to assist in the financing of 501 (c)(3) nonprofit projects.
There is no direct or indirect financial impact to the City of Bakersfield as a result of this proposed
financing. The Authority will issue tax-exempt revenue bonds on behalf of the Project. The tax-exempt
revenue bonds are payable solely out of the revenues derived by the Borrower from the applicable Project.
No financial obligations are placed on the City for project financing costs or debt repayment.
S:\Admins\City Council\City Council Admins 2008\TEFRA kern regional.doc
4/17/20082:09 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Hearings
ITEM: 6'. e.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
May 2, 2008 CITY ATTORNEY ;J;fW
CITY MANAGER f!s
SUBJECT: General Plan Amendment/Zone Change 06-1052 (Ward 7)
Maurice J. Etchechury, representing The John M. Antongiovanni Trust, the property
owner, has applied for a general plan amendment and zone change on approximately
20 acres located in southwestern Bakersfield at the southwest corner of Panama Lane
and Ashe Road.
1. Resolution making findings and certifying the Final Environmental Impact Report
(EIR) for General Plan Amendment/Zone Change 06-1052.
2. Resolution adopting the general plan amendment changing the land use
designation from LR (Low Density Residential) to GC (General Commercial) on
approximately 20 acres.
3. First reading of ordinance amending Title 17 of the Municipal Code and Zoning
Map No. 123-28 from R-1 (One Family Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial Development) on approximately 20 acres.
RECOMMENDATION:
Staff recommends continuance to the meeting on May 21, 2008.
BACKGROUND:
Staff was advised on April 29th by John Furrow, M.R. Wolf and Associates, P.C. that he had received
two notices with different hearing dates. One was dated May 7th the other May 21 st. In order to make
certain that the public has the correct hearing date, it is recommended that this item be continued to
May 21st and a new notice prepared and distributed.
The project will include approximately 137,609 square feet of leasable retail space. The proposed
site plan consists of seven buildings that would include two major tenants (currently proposed as
WinCo Foods grocery store and a pharmacy with drive-thru services), three restaurant drive-thru
tenants, and two retail commercial buildings. The acreage will also include public right-of-way street
improvements associated with the project and a future local street on the west side if the project.
This project was previously heard by the Planning Commission on March 15,2007, however at the
May 9, 2007 City Council meeting the project was referred back to staff due to a letter submitted to
ADMINISTRATIVE REPORT
Page 2
the City Clerk by Wolfe & Associates stating there are unmitigated significant impacts and an
environmental impact report is required.
The 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
environment effect. Therefore, in accordance with CEQA, an environmental impact report was
prepared. The Planning Commission and staff conducted several hearings on the EIR including a
public scoping meeting on August 1, 2007, an adequacy hearing to receive comments on the Draft
EIR on February 7, 2008, and a hearing on the Final EIR on March 20, 2008. The Final EIR was
recommended for certification by the Planning Commission on March 20, 2008.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on March 20, 2008, and recommended approval to the City Council. No individuals or agencies
present at the hearing opposed the request and the applicant agreed to all conditions and mitigation
for the project.
Mitigation measures recommended as part of project approval address aesthetics, air quality,
biological resources, cultural resources, geology and soils, hazards and hazardous materials,
hydrology and water quality, land use and planning, noise, public services and utilities. The impacts
to mineral resources and urban decay were found to be less than significant and did not require
mitigation measures.
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,
project and cumulative related impacts to traffic and transportation would remain significant. Staff
and the Planning Commission recommend certification of the Final EIR and accompanying mitigation
monitoring and reporting program and the adoption of CEQA findings and a statement of overriding
considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093.
CG-5:\GPA 1st 2008\06-1052 Panama Ashe EIR\EIR\Staff Reports\Admln Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA SECTION: Hearings
ITEM: $. ...pI
TO:
FROM:
DATE:
Honora~le Mayor and City Cou~cil
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
May 1, 2008
CITY ATTORNEY
CITY MANAGER
APPROVED
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SUBJECT: General Plan Amendment/Zone Change 07-2342 (Ward 3)
Spring Hill Development has applied for a general plan amendment and zone change
on approximately 18 acres generally located northeast of Highway 178 and Masterson
Street.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential)
to HMR (High Medium Density Residential) on approximately 18 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 104-16 from R-1 (One
Family Dwelling Residential) to R-21PUD (Limited Multi-family Dwelling Residentiall
Planned Unit Development) on approximately 18 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The subject property is an 18-acre parcel located at the northeast comer of Highway 178 and
Masterson Street. The proposal would allow for the development of a senior living development
consisting of independent living, assisted living, skilled care, and Alzheimer's care facilities.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on February 13,
2008, in accordance with CEQA.
Various studies were conducted as part of the environmental review. This included a traffic analysis, a
cultural resource survey, and a fall Blunt Nosed Leopard Lizard (BNLL) survey. As a result of those
studies, associated mitigation measures are proposed as conditions of approval for this item,including
improvements to Masterson Street, an adult season BNLL survey, and a biological study for burrowing
owl.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on March 20, 2008, and recommended approval to the City Council. One area property owner spoke at
ADMINISTRATIVE REPORT
Page 2
the public hearing, and voiced concerns regarding the proposed density and traffic. Another property
owner submitted e-mail correspondence to City staff regarding the density of the project and the
development of scenic areas in Northeast Bakersfield. The applicant agreed to all conditions and
mitigation for the project.
RB: - S:\GPA 1st 2008\07-2342\Staff Reports\Admin Report 07-2342.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Hearings
ITEM: .5: G.
l.)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
May 1, 2008
CITY ATTORNEY
CITY MANAGER
APPROVED
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SUBJECT: General Plan Amendment/Zone Change 06-0494 (Ward 3, upon annexation).
Mcintosh and Associates, representing Douglas DeBerti and Sandye Deberti, the property
owners, has applied for a general plan amendment and zone change on 60 acres, located
on the east side of Edison Road (future), 1/2-mile north of Breckenridge Road.
1. Resolution denying the general plan amendment changing the land use designation
from R-MP (Resource - Mineral Petroleum) and OS (Open Space) to LR (Low
Density Residential) on 60 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and
amendment to Zoning Map No. 104-28 from A (Agriculture) to R-1 (One Family
Dwelling) on 60 acres.
RECOMMENDATION:
Staff recommends continuance to next Genpral Ph" Allendment cycle.
BACKGROUND:
Staff met with Roger Mcintosh (developers' representative), Mr. Deberti and his partner, (applicant) and
four members of the neighborhood which included Terry Stoller and her son. The group discussed the
use of the Residential Holding (RH) zone as a controlling mechanism for timing of development. The RH
zone has a minimum lot size of 20 acres and requires a future zone change to increase density. An
application for a zone change can only be considered after the two year LAFCo zone change restriction
which begins after completion of the annexation. That idea was not embraced by the neighbors in
attendance because residential development would still effect agricultural operations and the keeping of
large animals which are currently in place on neighboring property. However, other options were
discussed that included a possible land swap, exploring the possible habitat value of the property and
other tax favorable exchanges with a government agency. None of these options can be fully explored in
time for the scheduled May 7th hearing .on this item and if there isn't a favorable conclusion, the applicant
may want to present the RH zoning option to the Council for consideration. Therefore it was mutually
agreed by the parties in attendance (including staff) to recommend a continuance of the item to the next
GPA cycle, to provide time for these other options to be fully evaluated.
ADMINISTRATIVE REPORT
Page 2
The City Council public hearing for this item was initially scheduled for May 9, 2007; but has been
continued multiple times at the applicant's request to work on issues. This proposal had considerable
public opposition and was denied by the Planning Commission by unanimous vote.
The proposal would allow for the development of 300 single-family residential dwelling units on the 60 acre
project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
April 5, 2007, and unanimously recommended denial to the City Council. The project site is currently
vacant with moderately rolling hills and is designated as resource mineral petroleum and open space. The
subject site is within the Breckenridge Planned Drainage Area which designates drainage facilities through
this area. Various properties surrounding the project site are in the process or proposed for urban
residential development, most are in connection of the recently approved Riverview project (GPAlZC 06-
0961) located 1/2-mile north of the project site and the proposed Watermark project (GPA/ZC 06-0960)
located immediately west of the project site. However, the Watermark project directly to the west is no
longer moving forward. The Planning Commission denial was based primarily on isolation from other
urban developments, inaccessibility, lack of infrastructure, and premature development. This would be the
first urban designation within all of Section 28.
Mr. Sam Crawford and Mrs. Bonnie Crawford, representing "Save Our Animals", Ms. Louise Stevenson,
Ms. Pauline Bartlett, and Mr. Jim Lamberson submitted comment letters to the Planning Department dated
for February 1, 2007, February 11, 2007, March 29, 2007, and April 5, 2007, which are included in the
back-up for this item.
Ms. Terrie Stoller with Stoller Family Farms addressed the Planning Commission during the hearing and
expressed her opposition to the proposal Ms. Stoller requested the Planning Commission deny GPA/ZC
06-0494 on the grounds of proposing premature and incontiguous residential development. She stated
that the proposed Watermark project located immediately to the west is long way off from completion and
that the proposed 60 acre project site will be isolated from existing development. Ms. Stoller further stated
that she would like to encourage the city to wait until there is a tangible plan in hand and the proper
infrastructure is in place.
Ms. Louise Stevenson expressed her opposition to the proposal. She stated that the proposed project is
inconsistent with the existing rural residential, estate residential, and suburban residential land uses
located immediately to the west and further south of the project site. Ms. Stevenson further stated that the
existing agricultural zoning surrounding the project site allows for the keeping of large farm animals and
agricultural uses that may cause a nuisance to future residents. Ms. Stevenson added that there is no
infrastructure for roads, utilities, and telephones and that the County of Kern had recently rejected thirteen
plans due to the lack of infrastructure.
Terry Boner expressed his opposition to the proposal. He stated that this area is full of clay and the roads
become very hazardous and slippery.
Mr. Jim Lamberson expressed his opposition to the proposal. Mr. Lamberson owns a horse ranch
adjacent to the 60 acre project site. He stated his concerns over the lack of infrastructure for roads and
the need to mitigate flood planes within the proposed 60 acre project site.
Mr. David Dominguez expressed his opposition to the proposal. Mr. Dominguez would like to include
additional cultural mitigation measures in this proposed 60 acres project site.
ADMINISTRATIVE REPORT
Page 3
Mr. Roger Mcintosh, with Mcintosh and Associates representing Douglas and Sandye DeBerti, addressed
the Planning Commission during the public hearing and spoke in favor of the proposal. Mr. Mcintosh
stated that there are a number of proposed developments along Highway 178 and that there is a one mile
separation between the edge of the urban growth area and the 60 acre project site. Mr. Mcintosh further
stated that there are enough buffers surrounding the project site that meet all city requirements for a
separation from animals and agricultural uses. Mr. Mcintosh also added that future residents within the
project site will be notified of the agricultural uses surrounding the project site. Mr. Mcintosh stated that
there are no flood channels and no designated flood zones within the property.
Eric Powers, a partner with the DeBerti family, addressed the Planning Commission during the public
hearing and spoke in favor of the proposal. Mr. Powers stated that the DeBerti family owns 100% of the
mineral rights and have rehabilitated the 60 acre project site. Mr. Powers further state that he would like
to see the proper infrastructure in place and development done correctly.
Planning Commission expressed concerns regatding premature development of the 60 acre project site.
Commission feels the proposal is isolated from other developments, inaccessible, and lacks infrastructure.
Commission commented on the annexation of the project site and that the Sphere of Influence only offers
up a protection barrier and does not indicate the opportunity to develop prematurely. Commission also
expressed concerns over lot size inconsistency based on the adjacent land uses and zoning and would be
more enthusiastic about supporting the project if the adjacent land uses were already developed with the
opportunity to provide the proper infrastructure.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on March 7, 2007, in
accordance with CECA.
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$:\GPA 4th 2007\06-0494\Staff Reports\Adm Rrt 5-7-08.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Presentations
ITEM: /1. Q,
FROM:
DATE:
Mayor Harvey L. Hall
April 23, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER Is
TO: Honorable Mayor and City Council
SUBJECT: Presentation by Mayor Hall of Proclamation to Dr. Larry Reider, Kern County
Superintendent of Schools, proclaiming May 17, 2008, as "California Living Museum Day".
RECOMMENDATION:
BACKGROUND:
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April 23, 2008, 3:46PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Presentations
ITEM: IL b.
FROM:
DATE:
Mayor Harvey L. Hall
April 23, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER e~
TO: Honorable Mayor and City Council
SUBJECT: Presentation by Mayor Hall of Proclamation to Raul Rojas, Public Works Director, City of
Bakersfield, proclaiming May 18 through 24,2008, as "National Public Works Week",
RECOMMENDATION:
BACKGROUND:
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April 23, 2008, 3:43PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 7, 2008
AGENDA SECTION: Reports
ITEM: J3. a I
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
April 22, 2008
SUBJECT: Presentation of the Proposed FY 2008 - 09 Budget
APPROVED
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RECOMMENDATION:
BACKGROUND: The City Manager's Office will provide a detailed overview of the FY 2008-09 proposed
budget for the Operating, Capital Improvement and Bakersfield Redevelopment Agency budgets.
JWS:mm
April 22, 2008, 4:06PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 7,2008
AGENDA SECTION: Hearings
ITEM: /Lj, d. ,
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Alan Tandy, City Manager DEPARTMENT HEAD
with assistance by Stanley C. Grady, Development Services Director
DATE:
May 1, 2008
CITY ATTORNEY
CITY MANAGER
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SUBJECT:
General Plan Amendment/Zone Change 07-2098 (Ward 4)
Mcintosh & Associates, representing Castle & Cooke Commercial, the property owner,
has applied for a general plan amendment and zone change on approximately 47 acres
located west of Calloway Drive, between Stockdale Highway and the Kern River.
1. Resolutions adopting the Land Use Element and Kern River Plan General Plan
Amendments and changing the conditions of approval that were adopted as part of
the River Walk Commercial Center GPA/ZC 00-0291 (Exhibit B of Resolution No.
123-01), as follows:
a. Change Condition No. 19.b. from the requirement that no individual retail
space will be more than 100,000 square feet of gross leasable area to a
maximum of 140,000 square feet for the ground floor; and
2. First reading of ordinance amending Title 17 of the Municipal Code changing
conditions of approval of that were adopted as part of the Riverwalk Commercial
Center GPA/ZC 00-0291 (Exhibit C of ordinance no. 4020); change condition no.
19.b. from the requirement that no individual retail space will be more than 100,000
square feet of gross leasable area to a maximum of 140,000 square feet for the
ground floor.
RECOMMENDATION:
Open and continue Hearing until May 21, 2008.
BACKGROUND: The current request is to allow a "big box" of 140,000 square feet, when
conditions of approval from 2001 purposefully did not allow anything that large. The Planning
Commission has recommended approval of the proposed General Plan Amendments and first reading
of the ordinance. It should be noted, however, that new concerns have been raised after the Planning
Commission meeting which, in part, explain the difference between the staff and Commission
recommendations. The Planning Commission further recommended Condition No. 28 to allow an
additional full access signalized entrance at the discretion of the City Engineer. The City Engineer,
however, opposes the added signal.
Staff notes that the approval of the project in 2001 disallowed the 'big box," which was in response to
public comment and in pursuit of a desire to have an upscale and unique development that was not
already in the City of Bakersfield. The Park at River Walk was designed to be compatible with the 2001
approval. The project has gone through several stages of evolution since then, however, and that
compatibility has been reduced significantly. Now, a "big box" is proposed to be immediately adjacent
to the entrance to "The Park" which will block the view of the park and the feeling of open space.
ADMINISTRATIVE REPORT
Page 2
Perhaps more importantly, it raises concerns about traffic congestion and safety at the Park entrance,
and on adjacent streets, as well. The Park entrance is already congested and limited as to capacity
because Buena Vista Road transitions to a park entrance driveway at the intersection. Mixing delivery
vehicles and traffic for a "big box" in a park atmosphere with children and families present is potentially
dysfunctional, as well as dangerous. Memos detailing concerns from the Recreation and Parks
Director and the Public Works Director are attached.
The Park at River Walk is one of the City of Bakersfield's most beautiful, appreciated and well used
assets, and, as such, must be protected.
Staff also notes that the zone change request precedes the submission of the final site plan, so
comments are based on a preliminary site plan. In this instance, the zone change and site plan need to
be considered at the same time due to traffic and public safety concerns, as well as the environmental
sensitivity of the Park.
The request to add the big box and to lose the unique and upscale vision is disappointing at best. Staff
members have received many comments from citizens who share in the "disappointment". Those who
are disappointed may later blame the City for poor planning.
Additionally, the Public Works staff believes, based on the direct experience of another development on
Gosford Road, that the proposed traffic signals are too close and that traffic will not flow properly on
Stockdale Highway. The Planning Commission voted to provide the City Engineer with the discretion to
approve an added signal. Staff does not want to repeat the mistake that was made on Gosford Road a
few years ago.
There are other issues with the developer, such as reciprocal parking between "The Park" and this
development, that need to be resolved. With the concurrence of Councilmember Couch, continuing the
hearing to May 21, 2008 is therefore recommended to allow for discussions with the developer. We
note that the whole General Plan cycle is delayed two weeks by legal issues on another case, so there
is no additional loss of time for this delay.
The developer, of course, has arguments in support of their requested changes. Those include
economic feasibility in today's market and a belief that without the traffic signal, some tenants may be
harder to finalize, among several others.
The project was originally recommended to City Council on August 22, 2001 with the condition that no
individual retail space will be more than 120,000 square feet GLA (Gross Leasable Area) for the ground
floor. However, at the meeting on August 22, 2001 the City Council lowered the recommended
maximum to 100,000 square feet of GLA for any individual retail space in order to remove the
possibility of a "big box" commercial building from being constructed within the commercial center. The
applicant is now requesting that the maximum allowable single tenant retail space be increased to
140,000 square feet GLA. Generally, anything over 90,000 square feet of gross leasable area is
considered a "big box." The increase of 40,000 square feet does not put the commercial center over its
cap of 500,000 square feet of GLA but would allow for big box retail.
It was the choice of the City Council to reduce the maximum size allowed for an individual retail space
at the Riverwalk commercial site based on public commentary at the public hearing. During the public
hearing on August 22, 2001, members of the public both for and against the project did not want to see
a "big box" retail building in the commercial center. The public expressed to the City Council that only
upscale and unique retail, not already within the City of Bakersfield, would make sense for the
S:\Admin Rpts\2008\Admin Report 07-2098 - Revised.doc
AT:SG:al
ADMINISTRATIVE REPORT
Page 3
Riverwalk Commercial Center and that the commercial center should not include what is already a
common scheme within the City. City Council responded to the public's concerns by lowering the
maximum square footage allowed for an individual retail space.
Because of the public controversy surrounding the original approval staff did suggest that the applicant
conduct an outreach effort to inform at least those in the adjacent communities of the proposed change
so that the public would hear about the proposed change before the public hearing notice was
published. The applicant complied with ordinance requirements regarding posting the site and provided
staff with the results of a minimal outreach effort that did not include outreach to the adjacent
neighborhoods. The effort was disappointing, but nothing further could be required.
The second condition of approval revision request is to allow an additional full access entrance on
Stockdale Hwy approximately 1200 feet west of Old River Road. The entrance includes installing a
signalized intersection. Currently, primary access to the site will be via Stockdale Highway (two
signalized intersections) and a signalized intersection at Buena Vista Road and Stockdale Highway.
One of the existing signalized intersections on Stockdale Hwy has been provided as a courtesy to
provide access to the commercial center and the other two provide access to both the commercial
center and the residential areas to the south of the project site.
Staff does not believe a fourth signalized intersection is needed. The proposed addition for a signalized
intersection access point for the commercial center would inhibit the through traffic and reduce the
function of Stockdale Highway as an arterial roadway. Typically, arterial roadways are for through
traffic, with limited access to developments. According to City Design Policy 1 in the General Plan
Circulation Element, "arterials are used primarily by through traffic, with a minimal function to provide
access to abutting property." There have been courtesy signalized intersections installed at the Market
Place and at Gosford Village which contribute to inhibiting the flow of traffic on arterial roadways. Staff
recommended denial of the access point. During the hearing the Planning commission heard testimony
that led to granting the access subject to the approval of the City Engineer.
The 47-acre project site is currently designated for commercial use. The property currently has four
restaurants built and in operation. The rest of the project site is still under site plan review. The
applicant is requesting to change two of the Conditions of Approval of GPA/ZC 00-0291 (River Walk
Commercial Center EIR), as stated above.
The Planning Commission conducted a public hearing on this GPA/ZC on April 3, 2008, and
recommended approval to the City Council. The applicant and one individual spoke in favor of the
project and two individuals present at the hearing opposed the request due to an abundance of big
stores already in Bakersfield and would like to see something different and because of traffic and
parking issues. There were also several letters, emails and phone calls received by individuals both in
opposition and in support of the proposed change in conditions to the River Walk project; mostly
focused on the change to a larger "big box" foot print. As indicated above, however, the potential
environmental, safety and compatibility questions were not presented to the Commission.
S:\Admin Rpts\2008\Admin Report 07-2098 - Revlsed.doc
AT:SG:al
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 23, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch (seated at 5:20 p.m.), Sullivan,
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Sections 54957(b)(1) and
54957.6
b. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code section 54956.9 (One case).
1. DKS Investments, LLC; John M. Tarabino &
Joseph A. Tarabino; Canyons, LLC;
and General Holdings, Inc. v City;
Bakersfield City Council; and Does 1-50
inclusive Kern County Superior Court Case
No. S-1500-CV-259731-LPE
c. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
d. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3) (A) of Government Code
Section 54956.9 (One issue)
Bakersfield, California, April 23, 2008 - Page 2
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:17 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:20 p.m.
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Leon Frost, United Pentecostal
Church.
7. PLEDGE OF ALLEGIANCE by Zachary Taylor, 2nd grade
student at Amy B. Seibert Elementary School.
Mayor Hall recognized the Cal State Bakersfield
and Ridgeview High School government
classes in attendance at the meeting.
8. CLOSED SESSION ACTION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Sections 54957(b)(1) and
54957.6
Vice-Mayor Hanson announced the evaluation of
the City Manager has been concluded with an above
average outcome and publicly thanked City Manager
Tandy for his service to the community, and
particularly to the Council.
b.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code section 54956.9 (One case).
1. DKS Investments, LLC; John M. Tarabino &
Joseph A. Tarabino; Canyons, LLC;
and General Holdings, Inc. v City;
Bakersfield City Council; and Does 1-50
inclusive Kern County Superior Court Case
No. S-1500-CV-259731-LPE
c.
Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
ACTION TAKEN
APPROVED
APPROVED
NO REPORTABLE
ACTION
REMOVED
Bakersfield, California, April 23,2008 - Page 3
8. CLOSED SESSION ACTION continued
d.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9 (One issue)
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation of
Nancy Yama, President of Auxiliary to Bakersfield
Memorial Hospital, proclaiming April 27 - May 3,
2008, as "National Volunteer Week".
Ms. Yama accepted the Proclamation and made
comments.
b. Presentation by Mayor Hall of Proclamation to G. I.
Perkins, President of ABATE Local #40,
proclaiming May 2008 at "Motorcycle Awareness
Month" .
Mr. Perkins accepted the Proclamation and made
comments.
10. PUBLIC STATEMENTS
a. Patrick Frase, Chairperson Keep Bakersfield
Beautiful, spoke regarding the 2008 Great American
Clean-Up.
b. Efren Martinez spoke regarding the launch of a new
Spanish language bi-weekly magazine in Kern
County and provided copies to the Mayor and
Council.
c. Takvor Takvorian, Kenneth Cannon, Dennis Regan,
David Boyd and Amy Richardson spoke regarding
the Westpark Freeway Alignment.
d. Daryl Thiesen (Tobacco Free Coalition
Chairperson), Dianna McDermott (Liberty High
School), Dr. Claudia Jonah (Kern County
Department of Public Health Interim Director), Matt
Constantine (Director of Kern County Environmental
Health) and Cassie Deras-Coker (Tobacco Free
Coalition and American Cancer Society) spoke
regarding underage tobacco usage.
ACTION TAKEN
NO REPORTABLE
ACTION
10.
Bakersfield, California, April 23, 2008 - Page 4
PUBLIC STATEMENTS continued
Councilmember Benham requested the Legislation and
Litigation Committee address implementing a Retailers
Permit requirement for the sale of tobacco.
a. Bernita Jenkins, Dave Thomas, Ted Blockley
(Planning Commission Chairperson), Murray
Tragish (Planning Commissioner), Sam Ackerman,
Barbara Lomas (former Planning Commissioner),
John Hansen (owner, Hansen Engineering), Tom
McGinnis (Planning Commissioner), Willard Winn,
Scott Hanson, Jack Brigham, Frank St. Clair, Tim
Cox, Joel Park and Craig Smith (Bakersfield Bluffs
and Trails Committee) spoke regarding item 17.a.,
the proposed removal of Planning Commissioner
Russell Johnson.
11. APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment
Agency due to the expiration term of Philip Bentley,
whose term expired April 22, 2008.
Motion by Vice-Mayor Hanson to re-appoint Philip
Bentley to a four-year term on the Bakersfield
Redevelopment Agency, expiring April 22, 2012.
b. One appointment to the Planning Commission due
to the expiration term of Jeff Tkac, whose term
expires April 30, 2008.
Motion by Councilmember Sullivan to re-appoint Jeff
Tkac to a four-year term on the Planning Commission,
expiring April 30, 2008.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 9, 2008 Regular
City Council Meeting.
Payments:
b.
Approval of department payments from March 28,
2008 to April 10, 2008 in the amount of
$20,160,245.18 and self-insurance payments from
March 28, 2008 to April 1 0, 2008 in the amount of
$146,251.50.
ACTION TAKEN
APPROVED
APPROVED
ASS WEIR
12.
Bakersfield, California, April 23,2008 - Page 5
CONSENT CALENDAR continued
Ordinances:
c.
First Reading of Ordinance amending Sections
13.04.021, 13.04.022 and 13.04.023 of the
Bakersfield Municipal Code relating to Maintenance
Districts.
d.
First reading of Ordinance amending Municipal
Code Sections 91.12.010,91.12.040 and
9 1.12.060 by adding Annexation No. 519 consisting
of 123.08 acres, located on the south side of
Panama Lane, generally east of Cottonwood Road,
Annexation No. 590 consisting of 94.11 acres,
located on the east and west side of South Union
Avenue, north of East Hosking Avenue to Ward 1,
Annexation No. 472 consisting of 37.75 acres,
located west of Calloway Drive, south of Seventh
Standard Road, Annexation No. 553 consisting of
25.01 acres, located on the north side of Rosedale
Highway, west of Allen Road, Annexation No.
566 consisting of 33.18 acres, located north of
Etchart Road, east and west of Coffee Road
to Ward 4 and Annexation No. 521 consisting of
9.77 acres, located north of Taft Highway, west of
Stine Road to Ward 6.
Resolutions:
e.
f.
g.
Resolution approving application proposing
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 585
consisting of 3.32 acres located generally north of
Wilson Road, between South Chester Avenue and
South uP" Street.
Resolution supporting the Governor's Flood Control
and Water Supply Element of the California
Strategic Growth Plan.
Resolution adding Area 3-78 (Panama, Progress
NE) 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.
ACTION TAKEN
FR
FR
RES 057-08
RES 058-08
RES 059-08
Bakersfield, California, April 23, 2008 - Page 6
12.
CONSENT CALENDAR continued
h.
A Resolution in support of AB 2537.
Agreements:
i. Environmental Impact Report (EIR) for an
amendment to Title 17 of the Municipal Code,
specifically Chapter 17.66 (Hillside Development)
Combining Zone of the Zoning Ordinance:
1.
Agreement with RBF Consulting ($250,000)
to prepare EIR.
j.
Agreement with Berrenda Mesa Water District (not
to exceed $276,400) to purchase real property for
the right of way necessary to construct Allen Road
Bridge at Kern River Project.
k.
Approve Cooperative Agreement with Department of
Transportation ($567,726) for installation of traffic
signal and lighting system at the intersection of
State Route 119 and Ashe Road.
I. Digital Aerial Imagery:
1. Memorandum of Understanding with Kern
Council of Governments (Kern COG)(not
to exceed $65,000) to acquire and obtain an
update of the City's aerial with the Kern
County aerial photography and authorizing
the Finance director to dispense with
bidding.
Agreement with Kern COG ($65,000) to
acquire and deliver an update of the City's
aerial photography and use of 2008 Kern
County aerials.
2.
m.
Amendment No. 1 to Agreement 96-356 with Kern
County Water Agency regarding the Pioneer Project
Joint Operating Agreement.
n.
Amendment NO.1 to Agreement 07-230 with
Ferguson Enterprises ($80,000 revised not to
exceed $160,000) and extending the term to July
16, 2009 for the annual contract for the supply of
Fire Hydrants and Hydrant Repair Parts.
ACTION TAKEN
RES 060-08
AGR 08-063
AGR 08-064
DEED 6851
AGR 08-065
AGR 08-066
AGR 96-356(1)
AGR 07-230(1)
Bakersfield, California, April 23, 2008 - Page 7
12.
CONSENT CALENDAR continued
o.
Amendment NO.2 to Agreement 02-161 with the
Housing Authority of the County of Kern
($440/month) for leased space at 1630 East 11th
Street.
p.
Contract Change Order Nos. 1 - 3 to Agreement 07-
304 with Security Paving Construction ($59,126.04
revised not to exceed $29,188,572.14) for the
State Route 178 & Fairfax Interchange Project.
(TRIP)
q.
Contract Change Order NO.5 to Agreement 07-143
with MGE Underground Inc. ($34,544.36 a revised
not to exceed $1,124,357.88) for the Traffic Signal
Interconnect Part 4 along various streets within the
City.
r.
Consultant's agreement with A. J. Environmental,
Inc. ($59,885) to provide a Phase 111I Environmental
Site Assessment for properties to be exchanged
with the Kern County Water Agency for the
Westside Parkway. (TRIP)
Bids:
s.
Accept bid and award contract to Kern Pacific
Construction Company ($1,660,257.60) for the
construction of the 22nd Street Storm Drain Project.
t. Accept bid from Coastline Equipment ($227,466.53)
for one (1) additional articulating four-wheel drive
loader with high lift feature for the Public Works
Department, Solid Waste Division.
u. Accept bid for 140 vehicle on-board tracking
systems (GPS units):
1. Accept bid from Blackhole Technologies,
Inc., in the amount of $99,857.26 for vehicle
on-board tracking systems.
2. Appropriate $100,000 Equipment
Management Fund balance to the Public
Works Operating budget.
ACTION TAKEN
AGR 02-161
AGR 07-304 CC01
AGR 07-304 CC02
AGR 07-304 CC03
AGR 07-143 CC05
AGR 08-067
AGR 08-068
Bakersfield, California, April 23, 2008 - Page 8
12.
CONSENT CALENDAR continued
Miscellaneous:
v. Acceptance of 2006-07 Transportation Development
Act funds Financial Statements.
w. Appropriate $86,468 Federal Congestion
Management Air Quality funds to the Public Works
Department's Capital Improvement Budget within
the SAFETEA-LU Fund for traffic signal and
interconnection improvements at the following
locations:
1. "F" Street and 26th Street
2. La Costa and Auburn Street
3. White Lane and Lily Drive to Cernan Way
x. Accept contribution ($68,975) from State Farm
Mutual Automobile Insurance Company to
purchase and equip a "crashed vehicle display
trailer" in support of the "A Life Interrupted"
Program and appropriate contribution to the Police
Department's Capital Outlay Fund.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 12.b.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through 12.x.
13. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution establishing
industrial and commercial sewer service
user surcharges for Fiscal Year 2008-09.
b.
Public Hearing to consider Resolution ordering 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.
Hearings opened at 8:06 p.m.
No one spoke.
Hearing closed at 8:06 p.m.
Motion by Vice-Mayor Hanson to approve Consent
Calendar Hearings 13.a. and 13.b.
ACTION TAKEN
APPROVED
RES 063-08
RES 062-08
APPROVED
Bakersfield, California, April 23, 2008 - Page 9
14.
HEARINGS
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.
Development Services Director Grady made staff
comments.
Hearing opened at 8:12 p.m.
Lloyd Norton, Trustee of the Daybreak Baptist
Church, spoke in opposition to the staff
recommendation.
Roger Mcintosh, Mcintosh and Associates on behalf
of Daybreak Baptist Church, spoke in support of the
staff recommendation.
Lloyd Norton, Trustee of the Daybreak Baptist
Church, spoke in rebuttal opposition to the staff
recommendation.
Roger Mcintosh, Mcintosh and Associates, on
behalf of Daybreak Baptist Church, spoke in
rebuttal support of the staff recommendation.
Motion by Councilmember Sullivan to uphold the
appeal by Daybreak Baptist Church and upholding the
Planning Commission's decision approving Mcintosh
and Associates on vesting tentative tract map 6760
with the addition of the following mitigating measure:
IIPrior to recordation of a final map, subdivider shall
construct a 6-foot (minimum) high masonry block
wall (measured from highest adjacent side) along the
east boundary adjacent to the vacant (undeveloped)
portion of the Day Break Baptist Church. The location
of the wall is north of the existing Church landscaping
to the north boundary of the tract, which includes
approximately Lots 9 through 14 as shown on the
tentative map. "
Motion by Vice-Mayor Hanson to deny the appeal and
move forward with the staff recommendation.
Recess taken from 9:04 p.m. to 9:12 p.m.
ACTION TAKEN
RES 063-08
FAILED
NS HANSON,
BENHAM, WEIR,
COUCH, SCRIVNER
APPROVED
NS SULLIVAN
Bakersfield, California, April 23,2008 - Page 10
17.
NEW BUSINESS
a. Removal of Planning Commissioner Russell
Johnson.
Deputy City Clerk Fick announced sixty-five calls
and correspondence were received regarding the
item, sixty-four in opposition and one in support.
Motion by Councilmember Weir to continue item 17.a.
to the June 11, 2008 Council meeting.
15. REPORTS
a. Report on Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP) Trust Group Actions
and Program Implementation Update.
Development Services Director Grady made a
presentation.
16. DEFERRED BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham provided information
regarding the status of implementation of
recycling, and again referred the issue to the Budget
and Finance Committee for further refinement.
Councilmember Benham announced a dedication
ceremony will be held April 30th at 3:00 p.m. at the south
location on Hwy. 99, for the new City entry signs.
Councilmember Benham requested staff remove the
old City sign on the KGOV introduction and replace it
with an image of the new sign. Additionally, she
requested any images on the website be updated.
Councilmember Scrivner requested the Legislation and
Litigation Committee address formulating an Ordinance
to regulate time frames during which time ice cream
trucks can operate.
Councilmember Carson requested EDCD Director Kunz
respond to a letter.
ACTION TAKEN
FAILED
NS BENHAM,
COUCH, HANSON,
SCRIVNER,
SULLIVAN
18.
Bakersfield, California, April 23,2008 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Carson requested staff address the
Ordinance governing removal of Planning
Commissioners, particularly section 'D' of the current
Ordinance.
Councilmember Sullivan requested staff fill a pothole in
the southbound lane of New Stine near the intersection
of Wilson Rd.
Councilmember Sullivan made comments regarding the
prompt removal of graffiti on the wall at the entrance to
Pinewood Lakes.
Vice-Mayor Hanson recognize State Farm for contributing
$68,000.00 to purchase the crashed vehicle trailer for the
Life Interrupted Program.
Vice-Mayor Hanson requested information regarding the
interest rate on a maintenance district bond sale. City
Manager Tandy responded.
Vice-Mayor Hanson wished Councilmember Sullivan and
Mayor Hall a safe trip to Korea.
Councilmember Sullivan announced the City of Arvin has
recently the 'In God We Trust' motto in the Arvin Council
Chamber.
Mayor Hall requested the Legislation and Litigation
Committee and City Attorney review the feasibility of
appointing alternates to the Keep Bakersfield Beautiful
Committee.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 10:28 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN