HomeMy WebLinkAbout07/30/08_CC_AGENDA_PACKET_--~~~~~'` BAKERSFIELD CITY COUNCIL
,. o AGENDA
,,,~, ,, MEETING OF JULY 30, 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.
ROLL CALL
2. PUBLIC STATEMENTS
3. APPOINTMENTS
4. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the July 16, 2008, Regular City Council Meeting.
Payments:
b. Approval of department payments from July 4, 2008 to July 17, 2008 in the amount of
$21,306,070.20 and self-insurance payments from July 4, 2008 to July 17, 2008 in the
amount of $213,889.57.
Ordinances:
(Ward 1,4) c. First Reading of Ordinance amending Sections 1.12.010 and 1.12.040 of the Municipal Code
by adding Annexation No. 526 consisting of 90.87 acres located on the east and west sides
of Fairfax Road, south of Redbank Road to Ward 1, Annexation No. 493 consisting of
1,813.08 acres located west of S. Allen Road, south of the Kern River and Annexation No.
574 consisting of 139.89 acres located south of Seventh Standard Road, east of Allen Road
and north of Snow Road to Ward 4.
d. Adoption of Ordinance adding Section 8.16.065 of the Municipal Code relating to use of
amplified sound by ice cream vendors. (Legislative & Litigation) (FR 07/i6ro8)
e. Adoption of Ordinance amending Sections 2.62.020 and 2.62.030 of the Municipal Code
relating to the Keep Bakersfield Beautiful Committee. (Legislative & Litigation) (FR 07/16/08)
f. Adoption of Ordinance adding Sections 17.04.022, 17.04.132, 17.04.168, 17.04.281,
17.04.281.5, 17.04.493, 17.04.493.5, 17.04.606 and 17.04.624 and amending Chapter 17.58
of the Municipal Code relating to parking standards and requirements. (Legislative &
Litigation/Planning Commission) (FR 07/16/08)
Resolutions:
g. Resolution approving sale of surplus Police Department equipment to the California Military
Museum for $1.00.
h. Resolution authorizing the Police Department to apply for the Edward Byrne Memorial
Justice Assistance Grant ($61,430) from the U. S. Department of Justice.
Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to California Government Code Section 34090, et
seq. (Public Works Department)
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.
4. CONSENT CALENDAR continued
(Ward 5) k. Resolution approving an application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 568 consisting of 218.38 acres located south
of Panama Lane, east of Nord Avenue.
I. Resolution opposing fiscally irresponsible State budget decisions that would borrow local
government funds thus placing an additional economic burden on local municipalities.
(Ward 3) m. Resolution adding Area 4-85 (Tract 6850) to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
(Ward 3) n. Resolution of Intention No. 1604 to add territory, Area 4-86 (7001 Auburn Street) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
(Ward 5) o. Resolution of Intention No. 1606 to add territory, Area 2-39 (Mustang Square) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Director's Report.
(Ward 6) p. Resolution of Intention No. 1605 calling a public hearing to amend Resolution No. 133-07 by
modifying the boundaries of Underground Utility District No. 2, Division 31 (Sports Village).
Agreements:
(Ward 3) q. Cooperative Agreement with State of California Department of Transportation to widen State
Route 178 from Vineland Road to Miramonte Drive. (SR 178 Widening Project) (TRIP)
(Ward 2) r. Installation of traffic signal and lighting system at intersection of State Route 178 (24th Street)
and L Street
1. Cooperative Agreement with State of California Department of Transportation for
City's share (estimated not to exceed $180,000) of project costs.
2. Appropriate $180,000 Gas Tax Fund balance to the Public Works Department's
Capital Improvement Budget for City's share of project costs.
s. Agreement with AmeriNational Community Services, Inc. (not to exceed $54,000) to provide
loan and related financial services for the City's Single Family Rehabilitation, Multi-Family
Rehabilitation, Commercial Loans, and Down Payment Assistance loan programs.
(Ward 2) t. Agreement with Soils Engineering, Inc. (not to exceed $873,120) to clean up City owned
property at 1433 Union Avenue (former Navy Oil site).
(Ward 2) u. Improvements for maintenance and repair of Oak Street Bridge between Truxtun Avenue
and California Avenue:
1. Agreement with RBF Consulting ($44,600) to provide engineering and design
services for project.
2. Appropriate $50,000 Gas Tax Fund balance to the Public Works Department's
Capital Improvement Budget.
(Ward 6) v. Amendment No. 1 to Agreement No. 07-066 with CMX Sports Engineers, LLC ($515,520;
revised not to exceed $1,225,520) for design development and construction documents of
Phase 1 (8 soccer fields) for the Sports Village located on the north side of Taft Highway
between Gosford Road and Ashe Road.
w. Amendment No. 1 to Agreement No. 07-196 with Jim Alfter Cement Contractor ($2,000,000;
revised not to exceed $4,000,000) and extending the term to August 6, 2009 for concrete
construction.
2 City Council Meeting of 07/30/08
4. CONSENT CALENDAR continued
(Ward 2) x. Amendment No. 3 to Agreement No. 04-002 to assign interest from Maya Cinemas North
America, Inc. to Maya Bakersfield, LLC.
Bids:
(Ward 6) y. Accept bid and award contract to Superior Pipelines Inc. ($263,872.95) for construction of
waterline extension to Wastewater Treatment Plant No. 3.
(Ward 1) z. Traffic signal and lighting system installation on P Street at Belle Terrace:
1. Accept bid and award contract to A-C Electric ($182,649.50) for project.
2. Appropriate $28,330 Federal Congestion Management Air Quality funds to the Public
Works Department's Capital Improvement Budget within the SAFETEA-LU Fund.
3. Appropriate $46,670 Gas Tax Fund Balance to the Public Works Department's
Capital Improvement Budget.
Miscellaneous:
aa. Appropriate $57,741 State Grant Revenues (S.T. E. P. Grant from the State Office of Traffic
Safety) to the General Fund Police Operating Budget, to fund overtime for traffic
enforcement strategies and to purchase equipment for the Traffic Division.
bb. CAL-GRIP Grant Appropriations for the Police Department:
1. Appropriate $154,052 State Grant Revenues (Office of Emergency Services) to the
Capital Outlay Fund Budget.
2. Appropriate $231,078 seized asset revenues to the Capital Outlay Fund Budget.
cc. Department of Housing & Urban Development (HUD) Community Development Block Grant
and HOME Investment Partnership Action Plan Amendment No. 1 (FY 08/09), Amendment
No. 3 (FY 07/08), Amendment No. 5 (FY 06/07), Amendment No. 5 (FY 05/06), Amendment
No. 6 (FY 04/05) and Amendment No. 8 (FY 03/04).
dd. Appropriate $60,233 State Grant Revenue for the Waste Tire Enforcement Grant Program to
the Development Services Operating Budget in the General Fund.
Staff recommends adoption of Consent Calendar items a through dd.
5. CONSENT CALENDAR HEARINGS
(Ward i) a. General Plan Amendment2one Change No. 07-0761; Edward Garrone, representing
McKinzie Real Estate, has applied for a general plan amendment and zone change on 17.5
acres located on the northeast corner of Union Avenue and Panama Lane. (staff recommends
adoption of resolution and give first reading of ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential) to
GC (General Commercial) on 17.5 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 124-20) of the Municipal Code by changing the zoning from R-1
(One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial
Development) on 17.5 acres.
City Council Meeting of 07/30/08
CONSENT CALENDAR HEARINGS continued
(Ward 3) b. General Plan Amendment/Zone Change No. 07-1541; KSA Group Architects, representing
Protestant Episcopal Bishop of San Joaquin (property owner) has applied for a general plan
amendment and zone change on 7.69 acres located southeast of Mt. Vernon Avenue and
State ROUte 178. (Staff recommends adoption of resolution and give first reading of ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from OC (Office Commercial) to GC
(General Commercial) on 7.69 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 103-22) of the Municipal Code by changing the zoning from R-1
(One Family Dwelling) and R-3 (Multiple Family Dwelling) to C-2/PCD (Regional
Commercial/Planned Commercial Development) on 7.69 acres.
(Ward 3)'` c. General Plan Amendment/Zone Change No. 06-0494; McIntosh and Associates,
representing Douglas DeBerti and Sandye DeBerti (property owners) has applied for a
general plan amendment and zone change on 60 acres located on the east side of Edison
Road (future), 'h mile north of Breckenridge Road. (item continued from osros/o~, 08/~5/0~,
OBP29~7, 11/28/07, 02/13/08 and 05/n7/08 meetings.) (Staff recommends adoption of resolutions.)
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 (Zone Map No. 104-28) by changing
the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 60 acres.
(Ward 4)* d. General Plan Amendment/Zone Change No. 08-0612; E&R Surveying & Consulting,
representing Edward and Joseph Kosareff (property owners) has applied for a general plan
amendment and zone change on approximately 6.2 acres generally located along the north
side of Rosedale Highway, generally between Allen Road and Jenkins Road. (sraff
recommends adoption of resolution and give first reading of ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from UER (Urban Estate Residential)
to OC (Office Commercial) on 6.2 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 101-23) of the Municipal Code by changing the zoning from A
(Agriculture) to C-O/PCD (Professional and Administrative Office/Planned
Commercial Development) on 6.2 acres.
(Ward 4) e. General Plan Amendment/Zone Change No. 08-0590; Mark J. Smith, representing Langley
World Properties, LLC (property owner) has applied for a general plan amendment and zone
change on 4.68 acres located at the southwest corner of Langley Road and EI Toro Viejo
Road (future). (Staff recommends adoption of resolution and give first reading of ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential) to
LI (Light Industrial) on 4.68 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 102-29) of the Municipal Code by changing the zoning from R-1
(One Family Dwelling) to M-1 (Light Manufacturing) on 4.68 acres.
' -upon annexation
4 Ciry Council Meeting of 07/30/08
5. CONSENT CALENDAR HEARINGS continued
(Ward 5) f. General Plan Amendment/Zone Change No. 07-2271; Ordiz-Melby Architects, representing
St. Johns Lutheran Church of Bakersfield (property owner) has applied for a general plan
amendment and zone change on approximately 25.17 acres generally located north of Harris
Road and east of Buena Vista Road. (staff recommends adoption of resolution and give first
reading of ordinance.)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial) to LR
(Low Density Residential) on 13.37 acres and from HMR (High Medium Density
Residential) to LR on 11.80 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 (Zone Map No. 123-18) of the Municipal Code by changing the zoning from C-2
(Regional Commercial) to R-1 CH (One Family Dwelling/Church Overlay) on 13.37
acres and from R-2 (Limited Multiple Family Dwelling) to R-1 CH on 11.80 acres.
6. CLOSED SESSION
a. Conference with Legal Counsel -Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
City v. North Kern Water Storage District, et al.
Kern County Superior Court Case No. S-1500-CV-260360-AEW
Tulare County Superior Court Case No. 224933
2. Michael Freedman v. City
Kern County Superior Court Case No. S-1500-CV-261544-AEW
b. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One matter)
c. Conference with Legal Counsel -Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(C) of Government Code Section 54956.9. (One claim)
RECONVENED MEETING -approximately 6:30 p.m.
7. ROLL CALL
8. INVOCATION by Pastor Ron Green, His Final Harvest Church.
9. PLEDGE OF ALLEGIANCE by Hailey Reza, 3~d Grade Student at Our Lady of Guadalupe School.
10. CLOSED SESSION ACTION
11. PRESENTATIONS
12. PUBLIC STATEMENTS
13. REPORTS
5 City Council Meeting of 07/30/08
14. HEARINGS
(Ward 7) a. General Plan Amendment/Zone Change No. 06-1052; Maurice J. Etchechury, representing
The John M. Antongiovanni Trust (property owner) has applied for a general plan
amendment and zone change on approximately 20 acres located at the southwest corner of
Panama Lane and Ashe Road. (Hearing opened on os~2lroe)
1. Resolution making findings and certifying the Final Environmental Impact Report
(EIR) for GPA/ZC No. 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 (Zone Map No. 123-28) of the
Municipal Code by changing the zoning from R-1 (One Family Dwelling) to C-2/PCD
(Regional Commercial/Planned Commercial Development) on approximately 20
acres.
Staff recommends adoption of resolutions and give first reading to ordinance.
15. DEFERRED BUSINESS
16. NEW BUSINESS
17. COUNCIL AND MAYOR STATEMENTS
18. ADJOURNMENT
Respectfully submitted,
~~~ `1
Alan Tandy
City Manager
07/24/08 12:50PM
6 City Council Meeting of 07/30/08
AGENDA HIGHLIGHTS
July 30, 2008 COUNCIL MEETING
REGULAR MEETING 5:15 u.m.
CONSENT CALENDAR
Resolutions
Item 41. Resolution ODpOSIna Fiscally Irresponsible State Budget Decisions that would "Borrow" Local
Govemment Funds. Although no formal proposal has been put before the State Legislature for a vote,
budget negotiations are ongoing. Recent reports have highlighted the growing potential for a State
budget proposal that includes the "borrowing" of local government revenues. This "borrowing" may
include property taxes, redevelopment revenues and transportation funding. The resolution is designed
to clearly convey that the City opposes any budget that includes the "borrowing" of local revenues to
provide ashort-term solution to the ongoing State budget crisis. In addition, the resolution acknowledges
the Governor's steadfast opposition to any budget proposal that includes a local "borrowing" component.
As~reements
Item 4t. Agreement with Soils Engineering, Inc. to Clean up Property at 1433 Union Avenue in an
amount not to exceed $873,120. This agreement is the last step in the process to secure State funds to
clean up the contamination at 1433 Union Avenue, formerly known as the Navy Oil Site. In 2006, the
City was approved for a Grant from the State Water Resources Control Board to assist in the
environmental cleanup of the property. The property is now located within the footprint of the South Mill
Creek mixed-use project.
Six proposals were received in response to a Request for Proposals and Qualifications. A review team
evaluated the proposals and recommends Soils Engineering, Inc. If the excavated soil is hazardous, the
disposal cost will increase by an additional $7 per ton. Therefore, the agreement is written with two
alternatives: Alternative One (Non-Hazardous Material): $783,800; Alternative Two (Hazardous
Material): $873,120. The City's expenses will be reimbursed by the Grant. The Fire Department
Prevention Services Division will manage and oversee the soils remediation and risk assessment.
Item 4v.
On February 28, 2007, the City entered .into an agreement with CMX Sports Engineers for preliminary
and schematic design services for the Sports Village. The American Youth Soccer Organization (AYSO)
has expressed interest in the soccer fields at the Sports Village. AYSO currently occupies fields at
CSUB; however, due to proposed development at that location, AYSO must find a new site. The City
hopes to have eight fields available at the Sports Village by spring 2010, which is their deadline to
relocate. Due to the short period of time available to complete the design, construct the facilities and
establish the turf for play, staff recommends amending the current agreement with CMX Sports
Engineers, LLC to expand the scope of services. Sufficient funds are budgeted to award this
amendment. The funding source is the Workforce Housing Reward Grant Program.
Construction. Increasing the Amount by $2.000,000 and Extending the Term to August 6. 2009. The
original agreement was approved in June, 2007 in the amount of $2,000,000. The agreement allows for
four consecutive one-year extensions, if all parties agree. Extending the agreement allows the City to
continue working with a good provider and saves staff time and efforts required if this item were to be re-
bid.
Item 4x. Amendment No. 3 to Agreement No. 04-002 to Assign Interest from Mava Cinemas North.
America, Inc. to Mava Bakersfield LLC. This is final clean-up language associated with the Maya
Cinema project, which, after a long delay, is now scheduled for groundbreaking next week.
Bids
Item 4y. Award Contract to Superior Pipelines. Inc. for Construction of a Waterline Extension to
Wastewater Treatment Plant No. 3 in the amount of $263,872.95. This project consists of constructing
approximately 5,000 feet of 16-inch water line, and brings potable water to service Wastewater
Treatment Plant No. 3. This project is funded entirely with Sewer Enterprise Funds. Seventeen bids
were received, all of which were acceptable. Staff recommends awarding .the contract to Superior
Pipelines, Inc.
Miscellaneous
Item 4bb. CAL-GRIP Grant Appropriations. The CAL-GRIP (California Gang Reduction Intervention
and Prevention) Program is a two and one-half year competitive-grant program awarded to agencies that
successfully developed a comprehensive plan to combat gangs. This program is detailed in the
administrative report. The Police Department was originally awarded $154,052; however, all State OES
grant awards were reduced by 20%. In order to retain the original project budget, the City must match
60% of the amount instead of the original 50%. Staff recommends appropriating Seized Asset Forfeiture
Funds for this purpose. The Grant funds will be used to purchase specialized surveillance and
investigative equipment.
Item 4cc. CDBG and HOME Investment Partnership Action Plan Amendments. This action will allow for
the creation of two new projects; Green Gardens I1, the development of 24 units of permanent supportive
housing for chronically homeless individuals, and Community Action Partnership of Kem -Friendship
House improvements to the outdoor sports complex at 2424. Cottonwood Road. A list of proposed
CDBG and HOME activity amendments designed to accomplish this goal is included in the administrative
report. This item will be reviewed at the July 28, 2008 meeting of the Budget and Finance Committee.
CONSENT CALENDAR HEARINGS
On June 19, 2008, the Planning Commission recommended approval of Items 5a.
through 5e. With the exception of Item 5d., no individuals or agencies oppose the
requests, and the applicants agree to all conditions and mitigation for the projects.
Item 5a. Public Hearing to Consider a General Plan Amendment and Zone Change on 17.5 Acres
Located on the Northeast Corner of Union Avenue and Panama Lane. Edward Garrone, representing
McKinzie Real Estate, propose expansion of an existing commercial comer to a size and configuration
that would allow for typical commercial services such as grocery to serve the residents in the southeast.
Item 5b. Public Hearing to Consider a General Plan Amendment and Zone Change on 7.69 Acres
Located Southeast of Mt. Vemon Avenue and SR 178. KSA Group Architects, representing Protestant
Episcopal Bishop of San Joaquin, propose an infill development of vacant land adjacent to SR 178 within
the East Hills Mall commercial complex.
Item 5c. Public Hearing to Consider a General PIan~Amendment and Zone Change on Approximately 6.2
Acres Located Generally along the North Side of Rosedale Hiahwav. Generally between Allen and
Jenkins Roads. E&R Surveying & Consulting, c/o .Eric Sertic, representing Edward and Joseph
Kosareff, the property owners, propose developing office commercial uses on the site. This is an infill
development, as development completely surrounds-the general area. The area is being annexed and
developed.
July 30, 2008 Agenda Highlights
Pane 2
The Planning Commission recommended approval of an OC (Office Commercial) and C-O/PCD
(Professional and Administrative Office/Planned Commercial Development) zone. The applicant's
proposal was for a MUC (Mixed Use Commercial) designation; however, that designation is primarily
utilized for large-scale shopping centers such as the Northwest Promenade site and the downtown area.
Item 5d. Public Hearing to Consider a General Plan Amendment and Zone Chance on 4 68 Acres
Located at the Southwest Corner of Langlev and EI Toro Vieio (future). Mark J. Smith, representing
Langley World Properties, LLC, the property owner, propose no development at this time. The proposed
zone change is from R-1 (One Family Dwelling) to M-1 (Light Manufacturing). Dave Dmohowski,
representing Bakersfield Commons, LLC, spoke in opposition to the request based on the wide range of
uses permitted under the M-1 zone classification. Since his client's property abuts the project site to the
south and east, they feel the M-1 zone will be incompatible with their project. Bakersfield Commons is
currently in the environmental process, and is proposed to contain 2.5 million square feet of commercial
and commercial ofi•ice development and over 400 homes on approximately 250 acres.
Mr. Dmohowski requested a continuance to permit his client and the applicant time to meet and discuss
alternatives to the incompatibility of the uses. Mr. Smith stated that this meeting has taken place, and,
based on that meeting, he believes an agreement is not likely. Staff recommended approving the project
as Bakersfield Commons has not yet made its way through the process and the development is closer to
both M-2 and M-3 zoned lands (P.G. &E. plant. and Big West Refinery, respectively), which allow much
more intense industrial uses than the proposed M-1 zone.
Item 5e. Public Hearing to Consider a General Plan Amendment and Zone Change on Approximately
25.17 Acres Generally Located North of Harris Road and East of Buena Vista Road. Ordiz-Melby
Architects, representing St. Johns Lutheran Church of Bakersfield, the property owners, propose to build
a chapel and sanctuary. The project site is within a single parcel consisting of 33.82 acres with multiple
land use/zones. The GPA/ZC will consolidate the entire parcel into the R-1 CH (One Family
Dwelling/Church Overlay) zone.
There are several structures on site permitted by a CUP approved in 2004. It was a condition of approval
of this CUP to require a GPA/ZC to LR and R1-CH prior to any expansion of Church-related facility within
the area zoned C-2 or R-2. Access to the east on Ash Holloway Street will be provided in a manner to
permit access to the existing residential area at the discretion of the Church.
Item 5f. Public Hearing to Consider a General Plan Amendment and Zone Change on 60 Acres Located
on the East Side of Edison (future). One-half Mile North of Breckenridge Roads. The City Council
public hearing for this item was initially scheduled for May 9, 2007, August 15, 2007, August 29, 2007,
November 28, 2007, February 13, 2008, and May 7, 2008. The Planning Commission recommended
denial, and staff concurs with this recommendation.
CLOSED SESSION
There will be a conference with legal counsel regarding two cases of existing litigation and two cases of
potential litigation.
July 30, 2008 Agenda Highlights
Pape 3
CONTINUATION OF THE REGULAR MEETING -APPROXIMATELY 6:30 P.M.
HEARINGS
Item 14a. Public Hearing to Consider a General Plan Amendment and Zone Chance on Aparoximately
20 Acres Located at the Southwest Corner of Panama Lane and Ashe Road. Maurice J. Etchechury,
representing The John M. Antongiovanni Trust, the property owner, propose a development that will
include approximately 137,609 square feet of leasable retail space. On March 20, 2008, the Planning
Commission recommended certification of the Final EIR and approval of the project to the City Council.
No individuals or agencies opposed the request and the applicant agreed to all conditions and mitigation
for the project.
This item was continued from May 7, 2008 to May 21, 2008 as a result of notification from John Furrow
with M.R. Wolf and Associates, P.C. that he had received two notices with different hearing dates. Mr.
Furrow also stated that there are unmitigated significant impacts and an environmental impact report is
required. The public hearing was opened on May 21, 2008; however, due to comments and public
testimony submitted by Mr. Furrow challenging the adequacy of the EIR and the General Plan, the item
was continued again to this meeting. A response to those comments can be found in the backup to the
administrative report. We expect a new document dump and renewal of the protest on Wednesday
night.
Staff recommends adoption of resolutions certifying the Environmental Impact Report, approving the
proposed General Plan Amendment and first reading of the ordinance.
Approved: S.
Rhonda Smiley Assistant to the City Manager / PIO
cc: Department Heads
City Manager's File
City Clerk's Office
News Media File
July 30, 2008 Agenda Highlights
Pa~ie 4
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ADMINISTRATIV
E REPORT
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IFO
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: t~ , '
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
July 16, 2008
AP'nPROVED
DEPARTMENT HEAD (" ~'Iti
CITY ATTORNEY per.
CITY MANAGER iC.J
SUBJECT
Approval of minutes of the June 25, 2008 Regular Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: y , h,
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: July 18, 2008
APPROVED
DEPARTMENT HEAD /V
CITY ATTORNEY
CITY MANAGERS
SUBJECT: Approval of department payments from July 04, 2008 to July 17, 2008 in the amount of
$21,306,070.20 and Self Insurance payments from July 04, 2008 to July 17, 2008 in the
amount of $213,889.57.
RECOMMENDATION:
Staff recommends approval of payments totaling $21,519,959.77.
BACKGROUND:
RAR
July 18, 2008, 9:58AM
S:\RichardWdminWDMIN-AP.doc
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ . C.
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: July 1, 2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.010
and §1.12.040 by adding Annexation No. 526 consisting of 90.87 acres, located on the
east and west side of Fairfax Road, south of Redbank Road to Ward 1, Annexation No.
493 consisting of 1,813.08 acres, located west of South Allen Road, south of the Kem
River and Annexation No. 574 consisting of 139.89 acres, located south of Seventh
Standard Road, east of Allen Road and north of Snow Road to Ward 4. (Wards 1 & 4)
RECOMMENDATION:
Staff recommends first reading of the Ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 526, 493 and 574 into
corresponding Council wards. These annexations were recently approved by IAFCO.
Annexation No. 526 is located on the east and west side of Fairfax Road, south of Redbank Road.
The annexation territory consists of 90.87 acres. The property owners requested annexation to
receive city services.
Annexation No. 493 is located west of South Allen Road and south of the Kern River. The area is
known as the West Ming project and consists of 1,813.08 acres. The property owner requested
annexation for development purposes and to receive city services.
Annexation No. 574 is located south of Seventh Standard Road, east of Allen Road and north of
Snow Road. The annexation territory consists of 139.89 acres. The property owner is proposing
single family residential development. The property owner requested annexation for development
purposes and to receive city services.
S:Wnnexationlordinances~2008Wdmin Draft 7-30-08 526, 493 & 574 .DOC
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ADMINISTRATIVE REPORT
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10
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: y , d .
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
July 16, 2008
Adoption of Ordinance Relating to Use of Amplified Sound by Ice Cream Vendors
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance.
BACKGROUND:
In response to a citizen complaint, Councilmember Scrivner requested staff prepare an ordinance
clarifying the regulations concerning the use of amplified sound by ice cream vendors. Staff prepared an
ordinance for the June 16'h meeting of the Legislation and Litigation committee specifying limits on
amplified sound of between 8:00 a.m. to one hour before sunset Monday through Saturday, and 10:00
a.m. to 5:00 p.m. on Sundays.
Committee members raised concerns about the difficulty of enforcing a law without specific time
limits, and it was suggested that the ordinance should account for the longer hours of daylight during the
peak summer season. Staff prepared the attached ordinance reflecting the directions of the committee
majority (with Councilmember Sullivan abstaining) that amplified sound may only be used from:
9:00 a.m. to 5:00 p.m. on Sundays
8:00 a.m. to 8:30 p.m. from May 1st through September, Monday through Saturday
9:00 a.m. to 5:00 p.m. from October 1st through April on Mondays through Saturday.
This ordinance had first reading on July 16, 2008.
VG:JB:Isc
July 16, 2008, 3:22PM
S:\COUNCILWdmins\08-09 Admins\IceCrsemVendors.Hours2nd.doc
A
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ADMINISTRATIVE REPORT
'fur u,
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
July 16, 2008
Adoption of Ordinance amending Bakersfield Municipal Code ("BMC") Chapter 2.62,
Sections 2.62.020 and 2.62.030, relating to Keep Bakersfield Beautiful Committee.
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION:
Staff recommends adoption of all proposed ordinance revisions.
BACKGROUND:
On April 29, 2008, Mayor Hall made a referral to the Legislative and Litigation Committee
requesting that the Committee consider revising the Bakersfield Municipal Code to add the appointment of
alternate committee members to the Keep Bakersfield Beautiful Committee (KBBC). Specifically, Mayor
Hall requested that the Committee consider the following three revisions to the code: 1) to allow each
Councilmember and the Mayor to appoint one alternate member to KBBC; 2) to allow said alternate
committee members to vote in place of their corresponding appointed committee members; and 3) to
reflect the term limit of an alternate to be the same as that of the committee member's appointment terms.
Staff prepared ared-line strike-out version of the current ordinance accomplishing the three items that
Mayor Hall suggested as part of his referral at the regular June 16th meeting of the Legislation and
Litigation Committee.
During the meeting, the Committee discussed when the terms of KBBC members (both sitting and
alternates) should expire. Councilmember Couch raised concerns about keeping qualified people on the
KBBC should their nominating Councilmember leave mid term. Councilmember Couch opined that the
term of a KBBC member should continue until the term of the nominating Councilmember finished. The
Committee unanimously agreed and directed the City Attorney to clarify that portion of the ordinance for
first reading.
This ordinance had first reading on July 16, 2008.
VG/JB:Isc
July 16, 2008, 3:24PM
S:\COUNCI Wldmins\08-09 Admins\KBBamendChap2.62-2d.doc
+~, ADMINISTRATIVE REPORT
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM NO: ~{ , -E',
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 14, 2008 CITY ATTORNEY
CITY MANAGER S
SUBJECT: Adoption of an ordinance adding Sections 17.04.022, 17.04.132, 17.04.168, 17.04.281,
17.04.281.5,17.04.493,17.04.493.5,17.04.606, and 17.04.624 to Chapter 17.04, and amending
Chapter 17.58 of the Bakersfield Municipal Code related to parking standards. (All wards)
RECOMMENDATION:
Staff recommends adoption of the orriinance.
BACKGttOUND:
First reading of the ordinance was given on July 16, 2008.
The Planning Commission unanimously approved forwarding this ordinance to the City Council for adoption at
their meeting of June 5, 2008.
Proposed Ordinance Amendments:
The citys cunent parking regulations were last comprehensively reviewed in 1990. Since that time, staff has not
only identified items that need to be addressed to reflect current trends, but also examined how much parking is
necessaryfor specific uses and identified opportunities to increase flexibility in application of the standards. The
proposed changes clarify a number of functional details but also look at ways to use land more efficientlywithout
compromising parking resources and adversely impacting businesses or public safety. The major changes to
the ordinance are summarized below:
• A purpose section was added to clarify the intent of the chapter and basis for the regulations.
• Parking definitions were moved to Chapter 17.04 of the Zoning Ordinance, Definitions. Staff has
over time been moving all definitions into this chapter for easier reference.
• The definitions of "gross" floor area and "conditioned" floor area were amended making it clear
that gross covers the entire building area whereas conditioned covers those areas not heated
such as stair wells, elevator shafts, mechanical rooms, etc.
• Included provisions for motorcycle parking (allows areas too small for conventional parking stalls
to be used for motorcycles).
• Clearly set forth how parking is calculated for uses with legal non-conforming parking.
July 14, 2008, 9:40AM
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ADMINISTRATIVE REPORT
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• Allow a 10% reduction of parking if within walking distance of a transit facility. Walking distance
is generally defined as how far an average person can walk in 5 minutes, which is between 1,000
feet and'/< mile. Our regulations already reference 1,000 feet so this distance is used.
• Restrict use of parking lots for storing and selling merchandise.
• Require parking lots to be partially screened from streets if they have more than 10 stalls along a
street (this standard is already in place in the Riveriakes Specific Plan area).
• Encourage shared parking for mixed-use projects; use the city's share parking model for mixed-
use and large retail projects.
• Grant parking credit along local street frontages, where such parking is allowed (parking along
collector streets will be at the discretion of the Traffic Engineer).
• Allow single family and small multiple family projects of 2 to 4 units use of tandem parking.
• Provide low income projects the ability to reduce parking by 25%.
• Establish a maximum parking level that will lessen the likelihood of creating large areas of
unused (or unneeded) parking areas, which will also reduce the heat island effect.
• Reduce parking requirements in the "Central District" (downtown) and properties zoned C-C and
C-B (mixed-use zones) by 50% for all uses. This reduction currently applies to some uses such
as offices and restaurants but not to retail. Since the city is promoting mixed use development
where people may live, work, and/or visit multiple businesses, this reduction should apply for all
uses within those defined areas. These areas will also have the highest transit use, which will
lessen demand for vehicle parking.
Staff compared the citys current parking ratios with other similar sized cities and Kem County,
and also visited projects with uses where proposed changes are recommended. Some of the
ratios are currently much higher than these other jurisdictions (eg. medical uses are 1 %2 times
above what many other cities require). As a result, adjustments are being proposed based on
actual conditions and average ratios in use by other communities. Additionally, staff has
proposed new use ratios where parking was previously established by policy.
Conclusion:
It has been over 15 years since staff has taken a comprehensive look at the parking regulations. Although
parking is an important component of any development, it is necessary to periodically review requirements to
ensure that a balance is maintained between demand and minimum standards so that land is efficiently utilized.
That balance also needs to recognize such factors as impacts to adjacent uses, traffic circulation, public safety,
and the environment. For example, having too much parking space further contributes to the "heat island" effect;
not enough parking results in patrons using neighboring parking lots or blocking street traffic with illegal parking
(ie. double-parking).
With recent efforts to encourage walkability, mixed-use development and more efficient use of resources, the
proposed changes recognize increased application of the city's share parking model, use of street and tandem
parking (where available), and proximity to transit. A number of other recommendations are items that staff has
identified over the years through working with the ordinance that will improve clarity and functionality in applying
the standards. Overall, the proposed changes are an improvement to the regulations and staff recommends
adoption of the ordinance.
JWy 14, 2008, 9:40AM
S:IDeneV1OMINS120081JWyV-30-Pa~kingOidinance 2.doc
~~~~°k~~>,,a ADMINISTRATIVE REPORT
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Meeting Date: July 30, 2008 Agenda Section: Consent Calendar
ITEM: t.~
TO: Honorable Mayor and City Council
FROM: William Rector, Chief of Police DEPARTMENT H
DATE: July 18, 2008 CITY ATTOR
CITY MANAGER_~b~
SUBJECT: Resolution approving sale of surplus Police Department equipment to the California
State Military Museum for the sum of $1.00.
RECOMMENDATION:
Staff recommends adoption of the Resolution and approval of the sale of surplus city
property.
BACKGROUND:
The Bakersfield Police Department owns certain equipment that is no longer
serviceable for the Department, including (1) Maxim M.G. 08 machine gun, serial
#42342, manufactured at DWM in Berlin 1918. All the markings that identify this
equipment as belonging to the City of Bakersfield have been removed.
Bakersfield Municipal Code section 3.20.120 authorizes the Finance Director to sell
surplus property in any manner approved by the City Council. California State Museum
curators have requested the city sell this surplus equipment to the museum for display
at the museum. The Bakersfield Police department and the Finance Director desire to
sell the Aforementioned machine gun to the California State Military museum for One
Dollar ($1.00)
BAKE
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ADMINISTRATIVE REPORT
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~-} . h.
TO: Honorable Mayor and City Council
FROM: William R. Rector, Chief of Police
DATE: July 18, 2008
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward Byrne
Memorial Justice Assistance Grant ($61,430.00) from the U.S. Department of Justice.
RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
BACKGROUND:
Since 1996 the City of Bakersfield Police Department has applied for and received grant funding from the
U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program. Funding from the
L.L.E.B.G. Program has helped the City underwrite various projects to reduce crime and improve public
safety. Due to federal budget adjustments, the L.L.E.B.G. Program has been eliminated and rolled into
the Edward Byrne Memorial Justice Assistance Grant.
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751 (a)) is the primary
provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all
components of the criminal justice system, from multi jurisdictional drug and gang task forces to crime
prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing
initiatives."
Grants from the J.A.G. Program have a term of four years and do not require any match from the City.
Prior to submitting the application to the Department of Justice, the Bakersfield Police Department must
comply with a number of grant conditions including the requirement that the grant application be reviewed
by "the governing body of the unit of local government." This agenda item fulfills this requirement.
The Bakersfield Police Department will be requesting $61,430.00 to help keep kids off the streets, out of
gangs and off of drugs through the Crime Prevention and Education efforts of the Bakersfield Police
Activities League Programs.
AKE/~
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ADMINISTRATIVE REPORT
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The BPAL Safe Haven Program provides after school activities to hundreds of at-risk area youth, as a
healthy positive alternative to the temptations of the streets (gang activity and/or drug use). Safe Haven
program services include sports & recreation activities, educational enhancement activities, and
community and leadership initiatives as healthy alternatives to becoming involved with delinquency and
involved with crime or as victims of crime.
The Junior Police Academy Program and Girls Social Development programs are forjunior high and older
at-risk youth and used as platforms to teach anti-gang materials, substance and STD avoidance, violence
avoidance and anger management. All youth are enrolled in the After School Tutorial program and are
given assistance with homework, school assignments and projects. A small staff is assisted by Interns
from local colleges and university campus programs and caring community volunteers. School Progress
Reports are used to reward grades and attendance improvements.
In short, BPAL keeps kids off the streets, away from the temptation of drugs and gangs, and provides local
youth with focus and direction, helping them become law-abiding responsible citizens; and establishes
positive relationships between youth, Police and the community.
The dollar amounts in the proposed budget above are estimates. If department needs change or the
amounts spent differ from those proposed, the Police Department will expend the differences in
accordance with the JAG/Byrne Grant Guidelines.
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ , ~ ,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 7, 2008
APPROVED
DEPARTMENT HEAD <
CITY ATTORNEY ~
CITY MANAGER ~S
SUBJECT: A Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to California Government Code Section 34090, et.
seq. (Public Works Department).
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: This Resolution authorizes the Public Works Department to destroy obsolete records
and reports, etc., in accordance with Exhibit "A" of the Resolution. Governmental Code Section 34090
permits destruction of certain public records upon the approval of the City Attorney and a Resolution
adopted by the City Council.
Attached is a copy of the Records Destruction Schedule marked Exhibit "A".
G:\GROUPDAl1ADMINRPT\2008\07-30\Record Destruction Admin.doc
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent
ITEM ~ . '.
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: July 7, 2008
SUBJECT: Property Abatements
APPROVED
DEPARTMENT HEAD ~~~
CITY ATTORNEY
CITY MANAGER
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 July 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:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Irma Carson
1. 309 Clifton Street 018-420-14 $ 380.00
2. 1300 EI Toro Drive 011-440-01 $ 300.00
3. 3606 Hale Street 172-052-07 $ 485.00
4. 201 Kincaid Street 018-200-11 $ 414.00
5. 1003 L Street 009-112-09 $ 399.00
July 15, 2008, 8:18AM
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PROPERTY LOCATION APN COST
Ward 1/Counciimember Irma Carson
6. 1005 L Street 009-112-08 $ 399.00
7. 2612 Laurel Drive 022-041-09 $ 300.00
8. 2908 Laurel Drive 022-082-05 $ 300.00
9. 911 M Street 009-151-06 $ 300.00
10. 931 M Street 009-151-04 $ 409.00
11. 5625 Monitor Street 412-220-17 $ 650.00
12. 727 N Street 009-332-10 $ 449.00
13. 831 N Street 009-222-06 $ 566.00
14. 3820 Raider Drive 025-142-25 $ 522.00
15. 6314 Symphony Street 413-202-07 $ 300.00
16. 337 T Street 010-064-01 $ 375.00
17. 1124 Virginia Avenue 018-112-29 $ 549.00
Ward 21Councilmember Sue Benham
18. 401 Alpine Street 016-480-01 $ 300.00
19. 5804 Daggett Avenue 331-065-21 $ 570.00
20. 1814 Inyo Street 012-330-07 $ 300.00
21. 3320 Jewett Avenue 002-031-03 $ 544.00
22. 3817 K Street 120-060-07 $ 800.00
23. 11 Lincoln Street 012-052-02 $ 300.00
24. 728 Lincoln Street 013-080-07 $ 300.00
25. 3700 M Street 120-150-19 $ 449.00
26. 1807 Maple Avenue 007-195-09 $ 598.00
27. 110 Niles Street 012-102-15 $ 300.00
28. 1720 Orange Street 007-160-17 $ 488.00
29. 1745 Orange Street 007-192-17 $ 500.00
30. 26 Quincy Street 012-062-09 $ 300.00
31. 1119 E. 21~ Street 017-110-07 $ 1,500.00
32. 1002 33ro Street 002-031-29 $ 725.00
Ward 3/Councilmember Ken Weir
33. 925 Acacia Avenue 021-232-05 $ 670.00
34. 3213 Boise Street 383-251-01 $ 539.00
35. 2701 Fountain Drive 134-412-01 $ 474.00
36. 916 Oberlin Court 021-241-03 $ 644.00
37. 4200 University Avenue 146-072-17 $ 390.00
July 15, 2008, 8:18AM
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PROPERTY LOCATION APN COST
Ward 4/Councilmember David Couch
38. 12603 Montbatten Place 528-433-05 $ 500.00
39. 10321 Seneca Falls Avenue 525-321-15 $ 496.00
Ward 5/Councilmember Harold Hanson
40. 11103 Golden Valley Drive 497-26401 $ 545.00
41. 9913 Vertrice Avenue 497-462-02 $ 448.00
Ward 6/Coucilmember Jacauie Sullivan
42. 5300 Cherrytree Lane 355-122-13 $ 845.00
43. 4709 Gardenwood Lane 403-251-15 $ 1,075.00
44. 5301 Lamar Court 355-062-01 $ 500.00
45. 3805 Sesame Street 384-223-02 $ 300.00
Ward 7/Councilmember Zack Scrivner
46. 2507 Agate Street 023-281-02 $ 595.00
47. 4404 Axminster Street 171-142-06 $ 688.00
48. 4511 Chinta Drive 515-551-24 $ 479.99
49. 3604 EI Alisal Street 405-132-07 $ 724.00
50. 1500 Emery Avenue 025-083-28 $ 399.99
51. 1325 Hadar Road 516-282-07 $ 494.00
52. Vacant lot south of Iron Rock 514-020-08 $ 539.00
53. 1525 Ivan Avenue 025-122-04 $ 399.00
54. 8014 Jackstraw Street 516-441-02 $ 399.00
55. 1204 Lucerne Drive 517-421-09 $ 300.00
56. 1502 Luceme Drive 517-441-08 $ 300.00
57. 6304 Phyllis Street 372-251-03 $ 500.00
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
July 15, 2008, 8:19AM
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U ADMINISTRATIVE REPORT
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~{ , IC,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: July 1, 2008
APPROVED
DEPARTMENT HEAD S'(~
CITY ATTORNEY
CITY MANAGER ,~S
SUBJECT: Resolution approving an application proposing proceedings for annexation of
uninhabited territory to the City identified as Annexation No. 568 consisting of 218.38
acres, located south of Panama Lane, east of Nord Avenue. (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory to the City of
Bakersfield identified as Annexation No. 568 consisting of 218.38 acres of land, located south of
Panama Lane, east of Nord Avenue. The City Council approved the general plan amendment/zone
change of this property (known as Ten Section) in March 2008. An environmental impact report was
prepared for the project.
The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The
property owner has consented to annexation. The proposal is to annex for development purposes and
to receive city services.
The exchange of property tax revenues for this annexation will be covered under the master tax split
agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and County of
Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement
"Annexation of Uninhabited Land and Residential Development.°
DL:dc
S:Wnnexation\Res of ApplicWdmin Draft 568.doc
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: 4.1.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT H
DATE: July 23, 2008 CITY ATTORNEY
CITY MANAGE
SUBJECT: Resolution Opposing Fiscally Irresponsible State Budget Decisions that v~6uld "Borrow"
Local Government Funds, thus Placing an Additional Economic Burden on Local
Municipalities
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
July 1, 2008 marked the beginning of the 2008-09 fiscal year and to this point, the California Legislature
has yet to pass a budget. In addition, the state faces a $15 billion structural deficit that has been ampl~ed
by the downturn in the state and national economy. The economic impacts facing the state are also being
felt by local govemments. The City of Bakersfield recently passed a budget that reflects fiscal
responsibility and prudent judgment that took into account declining sales tax revenues and flat line
property tax revenues.
Although no formal proposal has been put before the Legislature for a vote, budget negotiations are
ongoing. Recent reports have highlighted the growing potential for a state budget proposal that includes
the "borrowing" of local government revenues. This "borrowing" may include property taxes,
redevelopment revenues and transportation funding. In May, the Governor outlined a budget proposal
that did not include a diversion of funds from local govemments; this proposal has not been incorporated
into a budget bill as of yet.
The attached resolution is designed to clearly convey that the City of Bakersfield opposes any budget that
includes the "borrowing" of local revenues to provide ashort-term solution to the ongoing state budget
crisis. In addition, the resolution adcnowiedges the Governor's steadfast opposition to any budget
proposal that includes a local "borrowing" component and reaffirms the City of Bakersfield's support of this
position.
July 23, 2008, 3:19PM
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ADMINISTRATIVE REPORT
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: y , I'Y1.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 14, 2008
APPROVED
DEPARTMENT HEAD ~$~„1~
CITY ATTORNEY j~
CITY MANAGER ~S
SUBJECT: Resolution adding Area 4-85 (Tract 6850) to the Consolidated Maintenance District and
confirming the assessments, approving the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the Resolutions.
BACKGROUND: On July 16, 2008 the Council adopted Resolution of Intention No. 1603 to add the
above territory to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal
Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and/or
street landscaping. The area will be under park and/or streetscape zones of benefit and will be assigned
the appropriate tier levels when parks and/or street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received letters from the owners of the property described above which waive
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owners also have
submitted Proposition 218 ballots indicating their consent to the assessment.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision maps.
ps
G:\GROUPDATIADMINRPT\2008\07-30\MD 4-85 ResolutionAdmin.doc
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: y , ',
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 14, 2008
APPROVED
DEPARTMENT HEAD Y~~~
CITY ATTORNEY
CITY MANAGER ,PS~
SUBJECT: Resolution of Intention No. 1604 to add territory, Area 4-86 (7001 Auburn Street) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving the
Public Works Directors Report. (1n(ard3)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
S:\PROJECTSWIAINDIST\Formation DocumentsWlD 4-86\ROI AdminReport.doc
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~{ , p,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 14, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY pp
CITY MANAGER I~.S
SUBJECT: Resolution of Intention No. 1606 to add territory, Area 2-39 (Mustang Square) to the
Consolidated Maintenance District and {preliminarily adopting, confirming and approving the
Public Works Directors Report. (Wavr~S)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the
parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the
Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a
public park and street landscaping. This area will be under the park and streetscape zones of benefit and
will be assigned appropriate tier levels when a park has been constructed and street landscaping has
been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner(s) of the property described above which
waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the
City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also
have submitted a Proposition 218 ballot indicating their consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdividers)/developer(s) to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
ps
S:\PROJECTSWIAINDIST\Formation DocumentsWlD 2-39\ROI AdminReport.doc
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~} .
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 14, 2008
APPROVED
DEPARTMENT HEAD '~v~
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Resolution of Intention #1605 calling a public hearing to amend Resolution No. 133-07
modifying the boundaries of Underground Utility District No. 2, Division 31 (Sports Village) -
(Ward 6)
RECOMMENDATION: Staff recommends adoption of resolution.
BACKGROUND: The City Council adopted Resolution No. 133-07 on June 20, 2007, establishing
Underground Utility District No. 2, Division 31. No underground work has been done as of this date and
the development plan within the established district has been changed. Now, the City desires to modify
the district boundaries as established by Resolution 133-07 and underground only those utilities within the
development area of the proposed Sports Village.
This resolution calling for a public hearing to amend the previously adopted resolution is necessary in
order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground
utility districts. Should the amendment to District 2, Division 31, modifying the district boundaries be
adopted, it will require that all affected utility companies remove the overhead lines within the development
area of the Sports Village and place them underground. The modified district generally consists of two
parcels, one on Gosford Road and the other on Ashe Road. Both are located north of Taft Highway and
are approximately 1710' and 3090' in length, respectively.
This Resolution sets the date of August 20, 2008 for the protest hearing.
do
July 16, 2008, 4:21 PM
S:\PROJECTS\Underground\Admin\2-31 roi_amend-1.doc
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: y , ,
TO: Honorable Mayor and City Council
FROM: Raul Rojas, Public Works Director
DATE: July 16, 2008
A PROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,eS
SUBJECT: Cooperative Agreement with the State of California Department of Transportation to
widen State Route -178 (SR 178) from Vineland Road to Miramonte Drive (SR 178
Widening). (TRIP) (Ward 3)
RECOMMENDATION: Staff recommends approval of the agreement.
BACKGROUND: The SR 178 widening project is part of the Thomas Roads Improvement Program
(TRIP). The State of California Department of Transportation (Caltrans) and the City of Bakersfield
have been working together on the SR 178 widening project.
This cooperative agreement outlines the responsibilities of both the City and Caltrans regarding
development of the project and is necessary to complete the environmental document for the
project.
July 16, 2008, 8:26AM
Tdw:G:1GROUPDATWDMINRPT12008\07-30\SR-178 Widening Admin.doc
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
July 9, 2008
Installation of Traffic Signal and Lighting System at Intersection of SR 178 (24th Street) and
L Street (Ward 2):
1. Cooperative Agreement with State of California Department of Transportation (City's
estimated share not to exceed $180,000.00) for City's share of project costs.
2. Appropriate $180,000 Gas Tax Fund balance to the Public Works Department's Capital
Improvement Budget for City's share of project costs.
APPROVED
DEPARTMENT HEAD
e
CITY ATTORNEY
CITY MANAGER
RECOMMENDATION: Staff recommends approval of Agreement and appropriation.
BACKGROUND: The Department of Transportation (Caltrans) has a safety project to install traffic signal
and safety lighting on State Route (SR) 178 at the intersection of L Street. The project total cost is
$1,012,560; the City's share for this project is $180,000. Caltrans will be the lead agency for design and
construction of the proposed improvements.
An appropriation of $180,000 is needed to approve this agreement.
Public Works /Design Engineering / ADR
G:\GROUPDAT\ADMINRPT\2008\07-30\Coop Agreement Caltrans Traffic Signal 24th at L.doc
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MEETING DATE: July 30, 2008 AGENDA SEf
ITEM: I-{ . 5 ,
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: July 15, 2008
ON: Consent Calendar
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with AmeriNational Community Services, Inc. to provide loan and related
financial services for the City's Single Family Rehabilitation, Multi-Family Rehabilitation,
Commercial Loans, and Down Payment Assistance loan programs in an amount.. not to
exceed $54,000. (All Wards)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Since January 17, 2001, AmeriNational Community Services, Inc. (ACSI), has provided loan, escrow, and
related financial services for the City's Single Family Rehabilitation, Multi-Family Rehabilitation,
Commercial Loans, and Down Payment Assistance loan programs. This firm provides billing and
collection, handles notice of defaults and foreclosure if necessary. Based on staff's annual performance
monitoring of ACSI, they have been satisfactory in providing efficient and cost effective support services to
the City of Bakersfield. In addition, ACSI specializes in government related loan portfolio management.
Staff researched other loan servicing agencies and found that AmeriNational is the only agency which
specializes and provides government related loan portfolio management in California.
Approval of this agreement will allow AmeriNational to continue to provide loan and related financial
services to the City for three years.
S:Wdmins\City Council\City Council Admins 2008Wmerinational.doc
7/15/2008 8:56 AM
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~{ . -~-,
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: July 10, 2008
AP OVED
DEPARTMENT HEAD ~/~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Agreement with Soils Engineering, Inc., in an amount not to exceed $873,120., to clean up
city-owned property at 1433 Union Avenue, the former Navy Oil site. (Ward 2).
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This agreement is the last step in the process to secure state funds to clean up the contaminated site at
1433 Union Avenue. In 2006 the City was approved for a grant, commonly referred to as an "Orphan
Grant," from the State Water Resources Control Board to assist in the environmental cleanup of the
property formerly known as the Navy Oil Site. On April 2, 2001, Santa Fe Railway conveyed the property
to the City of Bakersfield and city crews have used it as a road materials storage yard since that time.
The property is now located within the footprint of the South Mill Creek mixed-use project that is proposed
to contain 160 affordable housing units, recreational and commercial areas.
The environmental cleanup involves two tasks, both paid by Orphan Grant funds. The first task, which has
been completed, was the Corrective Action Plan to clean up the site. That plan was developed by the
consulting firm Geomatrix, Inc., and was completed in September 2007. The second task is implementing
the Corrective Action Plan which is the purpose of the agreement.
A Request for Proposals and Qualifications was available to firms beginning May 6, 2008. That document
was posted on the city's website and postcards were mailed to more than 40 firms alerting them to this
opportunity. Six proposals were received by the June 6 deadline and were evaluated by the following
criteria:
• Firm's qualifications to provide the requested services 25%
• Firm's experience in successfully cleaning up other sites 25%
• Firm's ability to complete the project within the desired timeline 25%
• Firm's quoted price to provide all requested services 25%
A review team from the Economic and Community Development Department and Fire Safety Services
evaluated the proposals and recommends Soils Engineering, Inc.
S:Wdmins\City Council\City Council Admins 2008\Soils Engineering 7-08 admin.doc
7/10/2008 4:37 PM
ADMINISTRATIVE REPORT Page 2
While the firm's bid was based upon the soil excavated being non-hazardous, the firm indicated that if the
excavated soil is hazardous, the cost of disposing 11,600 tons of soil will increase by an additional $7 per
ton. Therefore, the agreement is written with two alternatives:
Alternative One (Non-Hazardous Material): $783,800.
Alternative Two (Non-RCRA Hazardous Material): $873,120.
The city's expenses will be reimbursed by the Orphan Grant upon invoices being approved by the City and
paid to Soils Engineering, Inc. The total amount available from the Orphan Grant is $890,472.
Public Works has removed all the road materials being stored on the site so the firm can immediately
begin environmental cleanup work. The Bakersfield Fire Department Prevention Services Division, as the
Certified Unified Program Agency, will be the site manager and local oversight agency for the soils
remediation and risk assessment under the Orphan Grant.
Soils Engineering, Inc., anticipates all work to be completed by the end of November 2008. However,
because of the uncertainties of what may be found when excavating the site, that date may need to be
extended. The city's agreement with the State Water Resources Board mandates all work must be
completed by March 31, 2010, which is 16 months longer than the time Soils Engineering has estimated.
S:Wdmins\City Council\City Council Admins 2008\Soils Engineering 7-08 admin.doc
7/10/20084:37 PM
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MEETING DATE: July 30, 2008
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM: ~{ ~, .
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~~~
CITY ATTORNEY
CITY MANAGER S
Raul Rojas, Public Works Director
July 17, 2008
Design of Improvements for the Maintenance and Repair of the Oak Street Bridge between
Truxtun Avenue and California Avenue (Ward 2):
1. Consultant Agreement with RBF Consulting ($44,600) to provide engineering and
design services for project.
2. Appropriate $50,000 Gas Tax Fund balance to the Public Works Department's
Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: Pursuant to a Caltrans Bridge Maintenance Report dated November 8, 2007, repairs
are needed for the existing Oak Street Bridge. Anticipated repairs include: replacement of joint seal
assemblies at both abutments; repairs to the concrete deck spalls and application of a methacrylate
coating; and replacement/repair of asteel cover plate at one of the bridge girders.
City staff requested a proposal from RBF Consulting and received a response as referenced in "Exhibit
A" of the attached Consultant Agreement. The scope of work to be completed consists of development of
bridge repair plans and specifications, bidding assistance, and engineering support during construction.
Due to RBF's competence in the field of bridge design and engineering, along with their understanding of
the specific details of this project, staff recommends accepting the proposal.
Staff recommends the appropriation of additional funds beyond the contract amount for potential
contingencies.
jlm
July 17, 2008, 1:07PM
G:\GROUPDATIADMINRPT\2008\07-30Wdmin Report -RBF Consulting -Oak St Bridge Repair.doc
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: y , ~,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: July 17, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Amendment No. 1 to Agreement No. 07-066 with CMX Sports Engineers, L.L.C.,
($515,520.00; fora revised not to exceed amount of $1,225,520.00), for design
development and construction documents of Phase 1 (eight soccer fields) for the Sports
Village, located on the north side of Taft Highway between Gosford Road and Ashe Road
(Ward 6).
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The Sports Village Project is located on a 220 acre site on the north side of Taft
Highway between Gosford Road and Ashe Road. The City plans to construct a recreation facility with a
"Sports Village" theme. The facility will consist of 16 soccer fields, 12 baseball fields, 6 football fields and
a community center. Surrounding areas will feature a park with a lake for family outings and two
commercial areas.
On February 28, 2007, the City entered into an agreement with CMX Sports Engineers ($710,000) for
preliminary and schematic design services for the Sports Village. The Consultant is currently in the final
stages of the preliminary and schematic design services for this project.
The American Youth Soccer Organization (AYSO) has expressed interest in the soccer fields at the Sports
Village. AYSO currently occupies fields at California State University Bakersfield (CSUB). Due to
proposed development at CSUB, AYSO has until spring 2010 to find a new location to which the league
can be relocated. The City of Bakersfield hopes to have eight fields available at the Sports Village by
spring 2010 so AYSO could continue their league operations.
Due to the short period of time available to complete the design, construct the facilities and establish the
turf for play, staff recommends amending the current Consultant Agreement to expand the scope of
services. The Consultant has provided a proposal of $515,520 for the additional services for a revised not
to exceed compensation amount of $1,225,520. The additional services include preparation of
construction documents for eight soccer fields, parking lot, restroom, concession stand, a portion of Fair
Play Drive (entrance off Ashe Road into the Sports Village), landscape/irrigation, site lighting and sports
lighting for this phase. In addition, the design consultant wiU provide the preliminary design for the
underground utility infrastructure for the entire park during this phase.
Sufficient funds are budgeted to award this amendment. The funding source is the Workforce Housing
Reward Grant Program (WFH). Economic and Community Development staff submitted a grant request
for funds to design and engineer the new 100 acre Sports Village Park. The WFH rewards cities and
counties that approve affordable housing. The Program was established in 2002 and funded through
Proposition 46, the Emergency Shelter Trust Fund Act.
July 24, 2008, 9:51AM Protect No. P7C721
G:\GROUPDAl1ADMINRP112008\07-30\Sports Village adm.doc Ngf design engineering
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~-{ , ~.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: September 18, 2008
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: Amendment No. 1 to Agreement No. 07-196 with Jim Alfter Cement Contractor
($2,000,000, revised not to exceed $4,000,000) and extending the term to August 6, 2009
for the annual contract for concrete construction. (Citywide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On June 20, 2007, Council awarded the Annual Contract for concrete construction, in
the amount of $2,000,000. The Agreement allows for four (4) consecutive one-year extensions of
agreement, if all parties agree. City staff and Jim Alfter Cement Contractor agree to the extension of
Agreement under the same terms and conditions. Extending the Agreement allows the City to continue
working with a good provider and saves staff time and efforts required if this item were to be re-bid.
Purchasing Division
S:~PURCHIADMIiiRAmendments~Amendment #1 to Agreement 07-196, Jim Alfter, AC for Concrete Construction, July 30, 2008.doc
July 18, 2008, 9:34AM
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: 4 Y
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
August 29, 2007
Amendment No. 3 to Agreement 04-002 to assign interest from Maya Cinemas North
America, Inc. to Maya Bakersfield, LLC. (WARD 2)
APPROVED
DEPARTMENT HEAD /~
CITY ATTORNEY
CITY MANAGER ___l~~s
RECOMMENDATION:
Staff recommends approval of amendment.
BACKGROUND:
On January 14, 2004, the City entered into Agreement No. 04-002 with D.W. Sivers Company to facilitate
a redevelopment project now known as South Mill Creek Plaza that included the sale of City-owned real
property in exchange for developing a commercial project with a value in excess of $27,000,000.
On May 26, 2004, Agreement No. 04-002 was amended to extend the time for performance and remove
reverter language in the transfer documents. Additionally, pursuant to the amendment to the Agreement
D.W. Sivers Company assigned all of its rights and obligations under the Agreement to Maya Cinemas
North America, Inc.
Now Maya Cinemas North America has requested that they be allowed to assign all of its rights and
obligations under the Agreement, and all amendments thereto, to Maya Bakersfield Cinemas, LLC. Maya
has planned the ground breaking for their multiplex cinema project or July 29, 2008.
S:Wdmins\CITY COUNCIL ADMINISTRATIVE REPORT.doc
7/24/2008 10:16 AM
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: y .~/.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 10, 2008
AP ROVED
DEPARTMENT HEAD , ~'
CITY ATTORNEY
CITY MANAGER- ,eS
Accept bid and award contract to Superior Pipelines Incorporated ($263,872.95) for the
construction of the Waterline Extension to Wastewater Treatment Plant #3 (Ward 6).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND This project consists of constructing approximately 5000 feet of 16 inch water line, and
brings potable water to service Wastewater Treatment Plant No. 3. This project is funded entirely with
Sewer Enterprise Funds. The Engineers Estimate for this contract was $442,000. There are sufficient
funds budgeted to award this contract.
On June 20, 2008, seventeen acceptable bids were received as follows:
Superior Pipelines, Inc.
13521 Spring Mountain Avenue in the amount of
Bakersfield, CA 93314 (City) $263,872.95
Kern Pacific Construction Company
4001 Patton Way #1 in the amount of $271,867.00
Bakersfield, CA 93308 (County)
P & G Communications, Inc.
7821 W. Sunnyview Avenue in the amount of $337,616.92
Visalia, CA 93291
Concastco
4808 Stine Road, Ste. D in the amount of $341,915.00
Bakersfield, CA 93313 (City)
Griffith Company
1898 S. Union Avenue in the amount of $343,105.00
Bakersfield, CA 93307 (City)
Ruben's Pipeline Inc.
3601 Essendon Court in the amount of $346,770.40
Bakersfield, CA 93313 (City)
PWNVastewater/Is
July 14, 2008, 10:01AM
G:IGROUPDATIADMINRPT12008107-301Waterline Extension to Wastewater Treatment Plant #3.doc
ADMINISTRATIVE REPORT
Floyd Johnston Construction Co.
2301 Heidon in the amount of
Clovis, CA 93611 $356,197.00
West Valley Construction Co. Inc.
580 McGlincy Lane
Campbell, CA 95008 in the amount of
$360,235.00
V. Lopez Jr. & Sons, Inc.
200 E Fesler #101
Santa Maria, CA 93454 in the amount of
$366,698.00
Shaffs Construction Inc.
12808 Snow Road
Bakersfield, CA 93314 (County) in the amount of
$373,530.63
Ventura Directional Drilling
4115 Transport Street Ste. B
Ventura, CA 93003 in the amount of $383,951.35
Nicholas Construction Inc.
1975 Airport Drive in the amount of $386,754.00
Bakersfield, CA 93308 (County)
Sierra Cascade Construction Inc.
1043 West Avenue M-4, Suite A in the amount of $420,486.00
Palmdale, CA 93551
The Aleco Corporation
761 Majors Court in the amount of $426,777.00
Bakersfield, CA 93308 (County)
HPS Mechanical Inc.
3100 E. Belle Terrace in the amount of $465,793.00
Bakersfield, CA 93308 (City)
Elkins Electric Company
1858 Ackley Circle 3B in the amount of $479,927.00
Oakdale, CA 95361
W. M. Lyles Company
1210 W. Olive Avenue in the amount of $516,426.00
Fresno, CA 93728
PW/Wastewater/Is
July 14, 2008, 10:01AM
G:IGROUPDATWDMINRPT\2008\07-30\Waterline Extension to Wastewater Treatment Plant #3.doc
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
_ ITEM: '~ , z .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
July 15, 2008
APP~tOVED
DEPARTMENT HEAD '~ ~•-
CITY ATTORNEY
CITY MANAGER
Traffic Signal and Lighting System Installation on P Street at Belle Terrace (Ward 1):
1. Accept bid and award contract to A-C Electric ($182,649.50) for the Project.
2. Appropriate $28,330 Federal Congestion Management Air Quality funds to the Public
Works Department's Capital Improvement Budget within the SAFETEA-LU Fund.
3. Appropriate $46,670 Gas Tax Fund Balance to the Public Works Department's
Capital Improvement Budget.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval
of appropriations.
BACKGROUND: This project consists of installing a traffic signal, lighting system, pavement markings,
access ramps, signage and additional pavement at the intersection of P Street at Belle Terrace. The
project also includes installing an interconnect radio system to the intersection of Belle Terrace and H
Street to include this new signal into the City's Traffic Operations Center System.
The majority of this project is funded with federal Congestion Management Air Quality funds. The
remainder is funded with gas tax revenues. Additional appropriations are needed to award this
agreement.
On June 25, 2008, two acceptable bids were received as follows:
A-C Electric Company
315 30"' Street
Bakersfield, California 93303 (City)
Loop Electric
7040 Downing Ave
Bakersfield, CA 93308 (City)
in the amount of
in the amount of
$182,649.50
$193,863.00
G:\GROUPDATWDM I N RPT\2008\07-30WdminT7K144_PBelle.doc
7/15/2008 4:16 PM
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~{ . a,a,.
TO: Honorable Mayor and City Council APPROVED
FROM: W. R. Rector, Chief of Police DEPARTMENT HEAD
DATE: July 18, 2008 CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $57,741.00 State Grant Revenues (S.T.E.P. Grant from the State Office of
Traffic Safety) to the General Fund Police Operating Budget, to fund overtime for traffic
enforcement strategies and to buy equipment for the Traffic Division.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
On October 1, 2006 the Bakersfield Police Department was awarded $502,165.00 from the State Office of
Traffic Safety (O.T.S.) for the Selective Traffic Enforcement Program (STEP). The two year STEP
program provides funding for overtime to conduct DUI/Driver's License Check Points, roving DUI patrols,
warrant sweeps, court stings and street racing patrols. The grant also provides funding for the purchase
of wireless citation equipment, a radar trailer and miscellaneous supplies.
On July 1, 2008, the Bakersfield Police Department was notified by O.T.S. that a grant adjustment has
been approved in the amount of $57,741.00. The grant adjustment will provide an additional $32,241.00
for overtime to conduct three morel DUI Checkpoints by 09/30/08, and $25,500 to purchase a license
plate reader for use during DUI Checkpoint operations.
\\citynas\homedirs\dbranson\BPDWDMIN RPTSWDMIN RPTS FY 08-09WDMIN RPT - 2006 OTS STEP GRANT (ADJUSTMENT).doc
7/7/2008 4:35 PM Page 1 of 1
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MEETING DATE: July 30, , 2008 AGENDA SECTION: Consent Calendar
ITEM: ~ , bb.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
William R. Rector, Chief of Police
July 18, 2008
CAL-GRIP Grant Appropriations for the Bakersfield Police Department:
" APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ,LS
Appropriate $154,052 State Grant Revenues (CAL-GRIP Grant from the Office of
Emergency Services) to the Capital Outlay Fund (311) Budget.
2. Appropriate $231,078 seized asset revenues to the Capital Outlay Fund (311)
Budget
RECOMMENDATION:
Staff recommends approval of the appropriations.
BACKGROUND:
The Bakersfield Police Department has been awarded aCAL-GRIP grant from the State Office of
Emergency Services in the amount of $154,052.00. The CAL-GRIP (California Gang Reduction,
Intervention and Prevention) Program is a two and a half year competitive grant program awarded to Bay
Area and Central Valley Agencies who have successfully developed a comprehensive plan to combat
gangs with a regional approach. The CAL-GRIP grant requires recipient agencies to match grant funds
dollar-for-dollar. The original budget for this project was $385,130, with the City contributing a 50% match.
However, the State OES Office cut all grant awards by 20%. Therefore, to retain the original project
budget, the City's match is 60% of the total project.
The Police Department's comprehensive regional gang reduction plan is code named: B.R.I.D.G.E.
(Bakersfield Regional Intelligence Data on Gang Exchange). B.R.I.D.G.E has two main objectives:
1. The purchase of computer infrastructure to implement the Kern County Regional Data Exchange
(KC Re-Dex) Project.
The Bakersfield Police Department (BPD) has taken the lead role (among eleven participating
agencies in Kern County) in developing and hosting the Kern County Regional Data Exchange (KC
Re-Dex) to enhance the sharing of information within the Kern County Criminal Justice System.
The goal of this project is to create a system of interoperability that will allow Kern County law
Page 1 of 2
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ADMINISTRATIVE REPORT
enforcement agencies access to criminal background, prior criminal offenses and other important
information relating to suspects they contact who reside in other jurisdictions.
The KC Re-Dex system is designed to receive RMS data from individual agencies and then
warehouse the data in a shared server. This warehousing of data is made possible by utilizing
Global Justice Extensible Mark-up Language (GJXML) technology. The Re-Dex concept is a "one-
stop" approach that gives law enforcement officers instant access to multiple jurisdictional
databases, and has been successfully used in numerous other jurisdictions in California and
throughout the United States. Initially, the Kern County Re-Dex will share data among allied law
enforcement agencies in the Bakersfield MSA. However, the ultimate goal is to share information
with other other Re-Dex systems in California and potentially other states and federal agencies.
The purchase of specialized surveillance and investigative equipment for use by the BPD's Special
Enforcement Unit and other Law Enforcement Agencies.
The specialized surveillance and investigative equipment will afford the BPD the ability to conduct
remote real-time enhanced surveillance investigations and will increase the probability of
prosecution of gang members who claim local neighborhoods as their own and use them as open-
air drug markets to fund gang activities. This equipment will provide a means to safely carry out
surveillance and enforcement operations that would otherwise be manpower-intensive and cost-
prohibitive, and to carry out intelligence-focused field activities such as tracking and surveillance of
known gang members, analysis of gang methods of operation, and identification of violent
offenders without depending on reluctant witnesses who would be endangered if they cooperated
with law enforcement.
Additionally, personal GPS monitoring devices will be purchased for the Kern County Probation
Department. These GPS devices can be used as an individual means of tracking gang members
throughout the region of Kern County or in conjunction with the cameras as amulti-pronged
approach to thorough surveillance and investigations.
Some of this technology is quite specialized and requires training for effective use. The Project
also provides funding to train officers in the use of the equipment. The Bakersfield Police
Department Special Enforcement Unit will provide training and will loan grant-funded equipment to
smaller agencies that would otherwise be unable to afford them.
Information gathered by this equipment will be made available to all Kern County law enforcement
agencies.
Page 2 of 2
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MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: ~-(, c.G .
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: July 21, 2008
CITY ATTORNEY
APPROVED
~~
CITY MANAGER /~S
SUBJECT: Department of Housing & Urban Development (HUD) Community Development Block Grant
and HOME Investment Partnership Action Plan .Amendment No. 1 (FY 08/09), Amendment
No. 3 (FY07/08), Amendment No. 5 (FY06/07), Amendment No. 5 (FY 05/06), Amendment
No. 6 (FY 04/05, and Amendment No. 8 (FY 03/04). (Wards All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economic and Community Development staff is proposing to reprogram Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) funds from completed or cancelled projects.
This amendment will allow for the creation of two new projects; Green Gardens II, the development of 24
units of permanent supportive housing for chronically homeless individuals and Community Action
Partnership of Kern -Friendship House improvements to the outdoor sports complex at 2424 Cottonwood
Road.
In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME
annual plan must undergo an amendment process which includes obtaining citizen views and comments
on the proposed change for a period of 30 days. A notice was published on June 28, 2008 requesting
comments and to date no comments have been received. The Budget and Finance Committee will be
reviewing this amendment at its July 28th meeting.
Staff is proposing the following amendments to CDBG/HOME activities:
CDBG
1) Cancel Mill Creek Linear Park in the amount of $300,000 for costs associated with the pedestrian
crossing at 21st Street for the Mill Creek Linear Park -North portion of the project. This portion of
the project will be financed from the California Infrastructure Bank loan.
2) Regrogram Acquisition and Demolition Program in the amount of $23,944 for acquisition and
demolition of deteriorated industrial, commercial and residential properties in an economically
distressed area. Funds will be reallocated for property acquisition along Millcreek Linear Park.
S:Wdmins\City Council\City Council Admins 2008\action plan amendment 07-30-2008.doc
7/21/2008 4:50 PM
ADMINISTRATIVE REPORT
Page 2
3) Regroaram Curb, Gutter and Sidewalk Installation in the amount of $140,440 for street
improvements to include street reconstruction and installation of curbs and gutters and related
,appurtenances to facilitate local surface drainage in an area bordered by East Truxtun Avenue to
California Avenue and Union Avenue to Williams Street. This project is complete.
4) Reoroaram Curb, Gutter and Sidewalk Installation -Various Streets in the amount of $276,642 for
curb, gutter and sidewalk installation in an area of Alta Vista Drive to Baker Street and from
Bernard (previously was Flower) to Highway 178. This project is complete.
5) Cancel Acquisition and Demolition in the amount of $258,611 for acquisition and demolition of
deteriorated structures in economically distressed areas for economic development and job
creation. Funds will be reallocated for property acquisition along Millcreek Linear Park.
6) Add additional funds in the amount of $752,295 and change scope of work for Milt Creek Linear
Park Improvements to acquisition and relocation costs associated with the purchase of a
commercially zoned improved parcel located at 525 18th Street and acquisition of a commercially
zoned unimproved parcel located at 408 & 424 20th Street for park development in connection with
the City-owed and operated Millcreek Linear Park Project. Total CDBG budget for this project is
$1,152,295.
7) Create Community Action Partnership of Kern -Friendship House in the amount of $247,342 to
improve outdoor sports complex including perimeter fence, expansion of basketball courts,
refurbish softball field at community center located at 2424 Cottonwood Road.
HOME
8) Cancel Madison Place Apartments Rehabilitation Project in the amount of $350,000 for exterior
renovation and on-site improvements for eight (8) residential buildings at 1885 Madison Street.
The apartments are owned and operated by Mercy Housing. Upon a closer review of the HOME
regulations this project has been deemed ineligible for the use of HOME funds as these funds were
used to rehabilitate other units in the facility several years ago and the 15 year HOME affordability
requirement is still in effect. Additional HOME funds cannot be used for this project for at least
another 7 years. Southeast Bakersfield low-mod housing funds will be used for this project when
ready to proceed.
9) Regroaram Housing Urban Bakersfield - Downpayment Assistance in the amount of $250,000 for
0% loans up to $100,000 for downpayment and closing costs assistance to help low-income
buyers purchase a home in Downtown, Southeast Bakersfield and Old Town Kern-Pioneer Project
Areas. Includes funds for City staff direct delivery costs. Funds to be reallocated to the Green
Gardens II project.
10) Create Green Gardens II in the amount of $600,000 for construction costs associated with the
development of 24 permanent supportive housing units for chronically homeless individuals to be
located at 2300 South Union Avenue.
S:Wdmins\City Council\City Council Admins 2008\action plan amendment 07-30-2008.doc
7/21/20084:50 PM
MEETING DATE: July 30, 2008 AGENDA SECTION: Consent Calendar
ITEM: y , d ,
TO: Honorable Mayor and City Council
FROM: Stanley C. Grady, Development Services Director
DATE: July 10, 2008
APPROVED
DEPARTMENT HEAD /~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Appropriate $60,233.00 State Grant Revenue for the Waste Tire Enforcement Grant
Program to the Development Services Operating Budget in the General Fund (All
Wards)
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
The City has received a $60,233.00 state grant from the California Integrated Waste Management
Board (CIWMB) for waste tire enforcement. The grant will offset funding for Code Enforcement staff
time directly related to the development, monitoring and implementation of a program to educate tire
dealers and auto dismantlers of their responsibilities as waste tire generators and reduce the illegal
disposal of waste tires.
July 14, 2008, 4:38PM
S:\DanaWDMINS\2008UulyV-30-Waste Tire Enforcement Grant.doc
MEETLNG DATE: July 30, 2008 AGENDA SECTION: Hearings
ITEM: Cj , a, ,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
July 7, 2008
APPROVED
DEPARTMENT HEAD ~`~
CITY ATTORNEY
CITY MANAGER ,eS
General Plan Amendment/Zone Change 07-0761 (Ward 1)
Edward Garrone, representing McKinzie Real Estate, has applied for a general plan
amendment and zone change on 17.5 acres, located on the northeast corner of Union
Avenue and Panama Lane.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential) to
GC (General Commercial) on 17.5 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 12420 from R-1 (One Family
Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on
17.5 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of additional commercial uses on the 17.5 acre project site.
This project would provide for the expansion of an existing commercial corner to a size and configuration
that would. allow for typical commercial services such as grocery to serve the residents in the southeast
portion of Metropolitan Bakersfield.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
June 19, 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 May 16, 2008, in
accordance with CEQA.
S:\GPA 2nd 2008107-07611Staff ReportsWdmin Report 1st Reading.doc
MEETING DATE: July 30, 2008 AGENDA SECTION: Hearings
ITEM: ~j . (~j .
TO: Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~
DATE: July 1, 2008
CITY ATTORNEY
CITY MANAGER ~S
SUBJECT:. General Plan Amendment/Zone Change 07-1541 (Ward 3)
KSA Group Architects, representing Protestant Episcopal Bishop of San Joaquin, the
property owner, has applied for a general plan amendment and zone change on 7.69 acres,
located southeast of Mount Vemon Avenue and State Route 178.
Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from OC (Office Commercial) to GC
(General Commercial) on 7.69 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 103-22 from R-1 (One Family
Dwelling) and R-3 (Multiple -Family Dwelling) to C-2/PCD (Regional Commercial/
Planned Commercial Development) on 7.69 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The proposal would allow for the development of additional commercial uses on the 7.69 acre project site.
This project represents infill development of vacant land adjacent to State Route 178 within the East Hills
Mall commercial complex. Conditions were added to ensure that project will be compatible with the
surrounding commercial center, including enhancements to both vehicular and pedestrian access. A
member of the public spoke in favor of the required sidewalk along Mall View Road which will increase the
°walkability" of the East Hills Mall commercial complex.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
June 19, 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 May 25, 2008, in
accordance with CEQA.
MEETLNG DATE: July 30, 2008 AGENDA SECTION: Hearings
ITEM: rj , G,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~~
DATE: July 8, 2008 CITY ATTORNEY
CITY MANAGER
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.
Resolution denying the general plan amendment changing the land use designation
from R-MP (Resource -Mineral Petroleum) and OS (Open Space) to LR (Low
Density Residential) on 60 acres.
2. Resolution denying the amendment to Title 17 of the Municipal Code and
amendment to Zoning Map No. 104-28 from A (Agriculture) to R-1 (One Family
Dwelling) on 60 acres.
RECOMMENDATION:
Staff recommends denial of the proposed general plan amendment and zone change.
BACKGROUND:
The City Council public hearing for this item was initially scheduled for May 9, 2007, August 15, 2007,
August 29, 2007, November 28, 2007, February 13, 2008, and May 7, 2008; in accordance with the
applicant's request, the Council continued the item to the next general plan amendment cycle.
Staff met with Roger McIntosh (developers' representative), Mr. Deberti and his partner (applicant), and
four members of the neighborhood which included Teny 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 affect 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 could be fully explored
in time for the scheduled May 7th hearing on this item and if there wasn't a favorable conclusion, the
applicant could have presented the RH zoning option to the Council for consideration. Therefore it was
ADMINISTRATIVE REPORT Page 2
mutually agreed by the parties in attendance (including staff) to recommend a continuance to the July 30,
2008 meeting, to provide time for these other options to be fully evaluated.
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 (GPA/ZC 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 has
withdrawn their applications. The Planning Commission denial was based primarily on isolation from other
urban developments, inaccessibility, lack of infrastructure, premature development, and considerable
public opposition. 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. Terris 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 wilt 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 Kem had recently rejected thirteen
plans due to the lack of infrastructure.
Teny 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.
ADMINISTRATIVE REPORT Page3
Mr. David Dominguez expressed his opposition to the proposal. Mr. Dominguez would like to include
additional cultural mitigation measures in this proposed 60 acres project site.
Mr. Roger McIntosh, with McIntosh and Associates representing Douglas and Sandye DeBerti, addressed
the Planning Commission during the public hearing and spoke in favor of the proposal. Mr. McIntosh
stated that there are a number of proposed developments along Highway 178 and that there is a one mite
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 sun'ounding 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 stated that he would like
to see the proper infrastructure in place and development done correctly.
Planning Commission expressed concerns regarding premature development of the 60 acre project site.
Commission feels the proposal is isolated from other developments, inaccessible, and lacks infrastructure.
Commissioners 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.
Commissioners 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 sign cant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on March 7, 2007, in
accordance with CEQA.
MG:js
S:\GPA 4th 2007\06-04941Staff ReportslAdm Rrt 7-30-06.doc
.MEETING DATE: July 30, 2008 AGENDA SECTION: Hearings
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: July 14, 2008 CITY ATTORNEY
CITY MANAGER S
SUBJECT: General Plan Amendment/Zone Change 08-0612 (Ward 4 upon annexation).
E&R Surveying & Consulting, c/o Eric Sertic, representing Edward and Joseph Kosareff,
the property owners, has applied for a general plan amendment and zone change on
approximately 6.2 acres generally located along the north side of Rosedale Highway,
generally between Allen Road and Jenkins Road.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from UER (Urban Estate
Residential) to OC (Office Commercial) on 6.2 acres.
2. First reading of an ordinance approving the Negative Declaration, amending Title
17 of the Municipal Code and amending Zoning Map No. 101-23, from A
(Agriculture Zone) to C-O/PCD (Professional and Administrative Office/Planned
Commercial Development Zone) on 6.2 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 a 6.2-acre parcel located along the north side of Rosedale Highway, generally
between Allen Road and Jenkins Road. The proposal would allow for the development of office
commercial uses on the site. Surrounding properties consist of generally vacant lands that are
transitioning to urban uses. However, the general vicinity area is urbanized with County approved
developments. This is an infill development, as development completely surrounds the general area of
which this project is a portion. The area is transforming from an undeveloped County island to an area
being annexed to the City and developed. The area east of the site was recently annexed and has an
approved Tentative Tract Map (T6921).
The Planning Commission conducted a public hearing on the general plan amendment/zone change on
June 19, 2008, and recommended approval to OC (Office Commercial) and C-O/PCD (Professional
and Administrative Ofi'ice/Planned Commercial Development) zone to the City Council. The applicant's
proposal was for a MUC (Mixed Use Commercial) designation, which is intended for major commercial
centers combining professional office, major retail and commercial support services and would be
warranted for intensive development characteristics of a commercial center, which would provide
opportunity for integration of medium and high density residential uses in conjunction with commercial
ADMINISTRATIVE REPORT
Page 2
activities. The proposed MUC is not compatible with the proposed C-O (Professional and
Administrative Office) zone and the future development of ofi•ICe commercial uses. The MUC
designation is primarily utilized for large-scale shopping centers such as the Northwest Promenade site
and the downtown area. Staff and the Planning Commission have recommended the adoption of an
OC (Office Commercial) land use designation as it is compatible with area development patterns and
the planned office commercial uses.
Neighboring property owners to the north were present and spoke at the hearing regarding access to
the north from the project site. The local street along the east side of the site will be a cul-de-sac,
therefore, no access will be allowed from the site to the existing neighbofiood to the north.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on May 14, 2008, in
accordance with CEQA.
Various studies were conducted as part of the environmental review. This included cultural resources,
phase I environmental assessment, a traffic study, and a traffic comparison for the project. As a result
of those studies, associated mitigation measures are proposed as conditions of approval for this item.
mo: - S:\GPA 2nd 2008\OS-0612\Adm_SRWdmIn Rpt OS-0612.doc
MEETING DATE: July 30, 2008 AGENDA SECTION: Hearings
ITEM: ~, ~,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ __
DATE: June 30, 2008 CITY ATTORNEY
CITY MANAGER ,~S
SUBJECT: General Plan AmendmenUZone Change 08-0590 (Ward 4)
Mark J. Smith, representing Langley World Properties, LLC, the property owner, has
applied for a general plan amendment and zone change on 4.68 acres, located at the
southwest comer of Langley Road and EI Toro Viejo Road (future).
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from LR (Low Density Residential) to
LI (Light Industrial) on 4.68 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17 of
the Municipal Code and amending Zoning Map No. 102-29 from R-1 (One Family
Dwelling) to M-1 (Light Manufacturing) on 4.68 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 proposed project site is part of a 14t acre parcel which currently has multiple zoning designations.
The northern portion of the parcel is zoned M-1 (Light Manufacturing) and the southern 4.68 acres of the
parcel (the project site) is zoned R-1 (One Family Residential). The property owner has no development
plans for the site at this time.
The Planning Commission conducted a public hearing on this general plan amendment/zone change on
June 19, 2008, and recommended approval to the City Council. Dave Dmohowski, representing
Bakersfield Commons, LLC, spoke in opposition to the request. Mr. Dmohowski's objection to the project
is based on the wide range of uses permitted under the M-1 zone classification. Since his client's property
abuts the project site to the south and east, they feel the M-1 zone will be incompatible with their project.
The Bakersfield Commons project is early in the environmental review process. It consists of
approximately 250 acres and proposes 2.5 million square feet of commercial and commercial office
development and over 400 homes. Mr. Dmohowski requested a continuance to permit his client and the
applicant time to meet and discuss alternatives to the incompatibility of the uses.
ADMINISTRATIVE REPORT Pa9ez
The applicant, Mark Smith, spoke in favor of the project. He informed the Commission that he met with
the adjacent property owners and they are asking that he enter into a private agreement to restrict
approximately 60% of the allowed uses under an M-1 zone designation. He stated he is willing to agree to
a restriction of 15 permitted uses, but he does not want to consider anything that would further limit the
opportunities for the property. The Commission asked if he felt a continuance would enable them to come
to an agreement. Mr. Smith concluded that, given the extensive number of restrictions they were asking
for, an agreement is not likely.
Fred Porter, the project engineer, spoke in favor of the project stating that a separation of grade will be
needed to extend EI Toro Viejo Road over the BNSF tracts just north of the project site. The grade
separation is expected to go over the track just north of the project site and EI Toro Viejo Road will
continue on the south side of the track, on the east side of the project site. He also pointed out that at the
northern portion of the parcel is an existing oil well and tank farm and he feels that uses in the M-1 zone
will be more compatible to this use.
The Planning Commission asked staff if it would be advisable at this time, to restrict 15 uses permitted in
the M-1 zone. Staff responded that if there is an agreement it should be a private agreement between the
applicant and the adjacent property owner. To place a restriction on the project would be treating this zone
designation differently than others in the area. The City's Zoning Ordinance specifies that any of the M-1
uses should not produce, cause or omit any fumes, odor, dust, smoke, gas, noise or vibration
detrimentally impacting neighboring properties and the occupants. This restriction is intended to ensure
compatibility between uses in M-1 zones and neighboring residential development. The M-1 zone includes
any of the uses allowed within office, neighborhood and regional commercial zones. In addition, uses such
as animal hospitals, kennels and veterinaries, bakeries, cabinet or carpenter shops, automobile and light
truck, two-axle vehicles parking and storage, distributing plants, frozen food lockers, tool rental and
equipment, laundries, cleaning and dyeing plants, wholesale businesses, storage buildings, ect. are
permitted. Furthermore, staff specified that the M-1 zone does not allow animal slaughtering or large batch
plants.
Staff explained that the current application should be evaluated based on the surrounding, existing land
use designations and not held hostage for another project that has not yet made its way through the
process. Staff further noted that the Bakersfield Commons project is proposing commercial and
residential development closer to both M-2 and M-3 zoned lands (P.G. &E. plant and Big West Refinery,
respectively). Both of these zones allow much more intense industrial uses than the proposed M-1 zone.
The Planning Commission concluded that any agreement to restrict the use should be between the
applicant and the adjacent property owner and that the M-1 zone designation is suitable for this property.
The Planning Commission voted to approve the project as proposed.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a Negative Declaration was prepared and posted on May 20, 2008, in
accordance with CEQA.
S:\GPA 2nd 200810&0590\Staff ReportsWdmin Report 1st Reading.doc
MEETING DATE: July 30, 2008 AGENDA SECTION: Hearings
ITEM: cj,
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD
DATE: June 10, 2008 CITY ATTORNEY
CITY MANAGER ~S
SUBJECT: General Plan Amendment/Zone Change 07-2271 (Ward 5)
Ordiz-Melby Architects, representing St. Johns Lutheran Church of Bakersfield, the
property owners, has applied for a general plan amendment and zone change on
approximately 25.17 acres- generally located north of Harris Road and east of Buena
Vista Road.
I. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from GC (General Commercial) to
LR (Low Density Residential) on 13.37 acres and from HMR (High Medium Density
Residential) to LR (Low Density Residential) on 11.80 acres.
2. First reading of ordinance approving the Negative Declaration, amending Title 17
of the Municipal Code and amending Zoning Map No. 123-18 from C-2 (Regional
Commercial) zone to R-1 CH (One Family Dwelling/Church Overlay) zone on 13.37
acres and a zone change from R-2 (Limited Multiple Family Dwelling) to R-1 CH
(One Family Dwelling/Church Overlay) zone on 11.80 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration and approving the
proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The project site is within a single parcel consisting of 33.82 acres with multiple land use/zones in place.
There are now plans to build a chapel and sanctuary on the 25.17 t acre site by St. Johns Lutheran
Church. The sanctuary will seat 1000 and the chapel will have a maximum capacity of 300.
The GPA/ZC wilt consolidate the entire parcel into the R-1 CH (One Family Dwelling/Church Overlay)
zone. There are several structures on site permitted by CUP # 03-1569 approved in 2004. The overall
church complex is currently composed of a school, children center, ministry center, and administration
building. It was a condition of approval of this CUP to require a GPA/ZC to LR and R1-CH prior to any
expansion of church related facility within the area zoned C-2 or R-2. The project is in an area
characterized by rapid growth and development within the City of Bakersfield. Currently, the only
access to the site is via Buena Vista Road. Access to the east on Ash Holloway Street will be provided
in a manner to permit access to the existing residential area at the discretion of the church.
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 May 23, 2008, in
accordance with CEQA.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
on June 19, 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.
BM- S:\GPA 2nd 2008\07-2271 Wdm SRWdmin Report 07-2271.doc
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ADMINISTRATIVE REPORT
MEETING DATE: July 30, 2008 AGENDA SECTION: Closed Session
ITEM: (p , ~„
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: July 21, 2008
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY t/G
CITY MANAGER ~S
SUBJECT: Conference with Legal Counsel -Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Two cases).
• City of Bakersfield v. North Kern Water Storage District, et al.
Kern County Superior Court Case No. S-1500-CV-260360-AEW
Tulare County Superior Court Case No. 224933
• Michael Freedman v. City of Bakersfield
Kern County Superior Court Case No. S-1500-CV-261544-AEW
VG:Isc
S:\COUNCIL\CI SessWdmins\08-09\7-30-08ExistLit.doc
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° ADMINISTRATIVE REPORT
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MEETING DATE: July 30, 2008 AGENDA SECTION: Closed Session
ITEM: (p , (~,
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD l/~
DATE: July 21, 2008 CITY ATTORNEY ~G-
CITY MANAGER Ips
SUBJECT: Conference with Legal Counsel -Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section
54956.9. (One matter)
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ADMINISTRATIVE REPORT
MEETING DATE: July 30, 2008 AGENDA SECTION: Closed Session
ITEM: (p, G,
TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: July 21, 2008
APPROVED
DEPARTMENT HEAD V~-
CITY ATTORNEY yG
CITY MANAGER ~,S
SUBJECT: Conference with Legal Counsel -Potential Litigation
Closed session pursuant to subdivision (b)(1)(3)(C) of Government Code section
54956.9. (One Claim)
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S:\COUNCIL\CI SessWdminsWB-09\07-30-08.PotLit-Cl.doc
MEETING DATE: July 30, 2008 AGENDA SECTION: Hearings
ITEM: ~
TO: Honorable Mayor and City Council APPROVED
-- FRAM}--
DATE: June 27, 2008 CITY ATTORNEY
CITY MANAGER ~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.
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 adoption of resolutions certifying the Environmental Impact Report and approving
the proposed general plan amendment and first reading of the ordinance.
BACKGROUND:
The public hearing was opened on May 21, 2008. Due to comments and public testimony submitted
by John Furrow, M.R. Wolf 8~ Associates, P.C. challenging the adequacy of the EIR prepared for the
project and the City General Plan, the project was continued to the next GPA cycle hearing. Staff has
prepared a response to the comments, which can be found in the attached backup materials. The
Final EIR document was previously provided to Council Members for the May 21, 2008 hearing, a
copy of the EIR can be found on file at the City Clerk's office.
Generally the comments from John Furrow, M.R. Wolf & Associates questioned whether or not 1) the
EIR fostered informed decision making 2) avoided full disclosure of environmental impacts by not
including a previously approved residential project on this site as part of the project 3) traffic study
fully analyzed traffic impacts and proposed all feasible mitigation, and whether payment of the traffic
impact fee will result in construction of improvements 4) whether the general plan precludes approval
of the project because all traffic impacts could not be mitigated to a level less than significant and 5)
ADMINISTRATIVE REPORT
Paa~ 2
whether the urban decay study omitted projects in its analysis, specifically the two planned Wal-Mart
projects. There were other comments along with these and all are responded to in detail in the
response to comments submitted by John Furrow, M.R. Wolf & Associates attached to this report.
The following is a brief response to the above comments:
1) the EIR was prepared in accordance with the California Environmental Quality Act and provides
analysis and summaries of conclusions with mitigation measures from technical and professional
reports prepared for the project and its related environmental impacts. The EIR provides a summary
of the major elements of the document that comprise the DEIR. Detailed environmental analyses of
impacts are contained in Chapter 3, cumulative impacts are analyzed in Chapter 4, Project
alternatives are analyzed in Chapter 5 and significant irreversible changes are analyzed in Chapter 7.
2) the EIR fully explains the consequences of the approval of the proposed GPA/ZC/PCD on the
currently approved residential tract. That discussion occurs in Chapter 5, °Alternatives Analysis.°
There isn't a statutory or practical reason for including as part of a proposed project an unchanged
portion of a property that has approved land use and zoning, and treating it as though the existing
approvals had to be re-evaluated and re-approved because a portion of the property is being
considered for a new use. 3) the traffic analysis used the trip generation rate for shopping centers
from the Institute of Transportation Engineers (ITE) manual which is more accurate because it
captures the interaction between the different uses and gives a more accurate representation of the
trips. There were no impacted intersections omitted from the traffic study as supported by the data in
Figure 6 of Appendix M of the FEIR. The project incorporates all feasible mitigation measures and as
stated in the EIR, project and cumulative traffic impacts are significant and unavoidable and a
statement of overriding considerations has been recommended. There is substantial evidence that
the payment of impact fees result in the construction of actual road improvements. This statement is
supported by Exhibit VI in the response to comment document which shows all of the road
improvements accomplished through fair share fees and developer improvements in recent years.
This is further elaborated upon in the attached response to comments made by John Furrow, M.R.
Wolf & Associates 4) the significant impacts remaining after all feasible mitigation is in place are
those related to the project incremental contribution to cumulatively significant impacts at four
intersections. The constraints to fully mitigating these impacted intersections are explained in the
DEIR on pages 414 through 424. The general plan does not prohibit the approval of projects with
unmitigated traffic impacts. The EIR discloses these facts 5) all projects that were known within the
market area at the time of the publication of the DEIR were included. The urban decay analysis
included the two planned Wal-Mart stores in the cumulative sales impact analysis of pages 39
through 43 of Appendix N of the Economic Impact Analysis.
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
the City Clerk by M.R. 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
ADMINISTRATIVE REPORT
Page 3
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-S:\GPA 1st 2008W8-1052 Panama Ashe EIR\EIR1Staff ReportsVldmin Repoli July 30.dx
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JULY 16, 2008
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None.
2. PUBLIC STATEMENTS
a. Rich O'Neil, Bill Cooper, Arin Resnicke, Peter Smith,
Richard Stewart, Kathy Mashburn and Lauren
Franconi spoke regarding item 4.c.2. and keeping a
portion of the Kern River Bike Path.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(C) of Government Code
Section 54956.9. (One claim)
c. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1. City v North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW Tulare County
Superior Court Case No. 224933
ACTION TAKEN
Bakersfield, California, July 16, 2008 -Page 2
2
John M. Tarabino, et al v City, et al Kern
County Superior Court Case No. S-1550-CV-
257620-SPC
ACTION TAKEN
d. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
Motion by Vice-Mayor Hanson to adjourn the meeting to
Closed Session at 5:32 p.m.
Motion by Councilmember Couch to adjourn from Closed
Session at 6:52 p.m.
RECONVENED MEETING approximately 7:02 p.m.
ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch, Sullivan, Scrivner
Absent: None.
6. INVOCATION by Councilmember Jacquie Sullivan.
7. PLEDGE OF ALLEGIANCE by Luis Castillo, Jr. 4th Grade
Student, Centennial Elementary School.
8. CLOSED SESSION ACTION
a. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (One matter)
b. Conference with Legal Counsel -Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(C) of Government Code
Section 54956.9. (One claim)
c. Conference with Legal Counsel -Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
City v North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW Tulare County
Superior Court Case No. 224933
2. John M. Tarabino, et al v City, et al
Kern County Superior Court Case No. S-
1550-CV-257620-SPC
APPROVED
APPROVED
NOT CONSIDERED
NOT CONSIDERED
STAFF GIVEN DIRECTION
NO REPORTABLE ACTION
Bakersfield, California, July 16, 2008 -Page 3
8. CLOSED SESSION ACTION continued ACTION TAKEN
d. Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Jesse
Stephenson, Joe DeLeon Rucker and Wilma Rucker
Davis, honoring the 61St Anniversary of Rucker's
Mortuary.
Wilma Rucker Davis accepted the proclamation and
made comments.
10. PUBLIC STATEMENTS
a. Doug Vontz spoke regarding the "Slower Traffic
Please Keep Right" campaign and submitted
correspondence.
Mayor Hall requested staff meet with Mr. Vontz.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the June 9, 2008 Budget
Presentation Meeting and the June 25, 2008
Regular City Council Meeting.
Payments:
STAFF GIVEN DIRECTION
b. Approval of department payments from June 13, ABS WEIR
2008 to July 3, 2008 in the amount of
$20,785,860.25 and self-insurance payments from
June 13, 2008 to July 3, 2008 in the amount of
$437,005.06.
Ordinances:
c. First Reading of Ordinance adding Section 8.16.065 FR
of the Municipal Code relating to use of
amplified sound by ice cream vendors.
d. First Reading of Ordinance amending Sections FR
2.62.020 and 2.62.030 of the Municipal Code
relating to the Keep Bakersfield Beautiful
Committee.
Bakersfield, California, July 16, 2008 -Page 4
12. CONSENT CALENDAR continued
e. First Reading of Ordinance adding Sections
17.04.022, 17.04.132, 17.04.168, 17.04.281,
17.04.281.5, 17.04.493, 17.04.493.5, 17.04.606 and
17.04.624 and amending Chapter 17.58 of the
Municipal Code relating to parking standards and
requirements.
Resolutions:
Resolution accepting the City Clerk's Certification
and declaring the results of the Primary Municipal
Municipal Election for the election of Mayor held in
the City on June 3, 2008.
g. Resolution approving the destruction of certain
obsolete City records, documents, instruments,
books and papers, pursuant to Government Code
Sections 34090 et seq for the Finance Department.
h. Resolutions approving applications
proposing proceedings for annexation of
uninhabited territory to the City identified as:
Annexation No. 575 consisting of 21.20
acres located at the southeast corner of
Gosford Road and Taft Highway.
2. Annexation No. 592 consisting of .37
acre located at the southwest corner
of Harris and Akers Road.
3. Annexation No. 600 consisting of 152.74
acres located on the east and west side of
South H Street generally west of Monitor
Street and north of Taft Highway.
Resolution approving application for grant funds
for local levee evaluation project under Prop. 84.
Resolution of Intention No. 1603 to add territory,
Area 4-85 (Tract 6850) to the CMD and preliminarily
adopting, confirming & approving the P W Director's
Report.
Agreements:
k. Cooperative Agreement with State of
California Department of Transportation to
widen Rosedale Highway between State Route 99
and State Route 43. (Rosedale Highway
Widening Project) (TRIP)
ACTION TAKEN
FR
RES 107-08
RES 108-08
RES 109-OS
RES 110-08
RES 111-08
RES 112-08
RO/ 1603
DELETED
Bakersfield, California, July 16, 2008 -Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
(ward 2)I. Amendment No. 1 to Cooperative Agreement No. AGR 05-375(1)
05-375 with State of California Department of
Transportation for the 24th Street (State Route 178)
and Oak Street Interchange Project. (TRIP)
(ward 3)m. Environmental Impact Report for GPA/ZC No. 03-
0337 (The Canyons):
Amendment No. 3 to Agreement No. 03-215 AGR 03-215(3)
with Michael Brandman and Associates
($183,905) for preparation of the EIR.
2. Appropriate $183,905 (Developer's
contribution) to the Development Services
operating budget in the General Fund for the
EIR consultant.
(ward s)n. Water Well at Pacheco and Old River Roads (Tract
6167):
Assignment No. 1 to Agreement No. 08-079 AGR 08-079(1)
from Fairway Oaks South, LP to Judkins
Family Trust &Judkins Revocable Trust to
purchase real property for water well site.
2. Assignment No. 1 to Agreement No. 08-078 AGR-078(1)
from Fairway Oaks South, LP to Judkins
Family Trust and Judkins Revocable Trust,
to exempt water availability fees in exchange
for a water well site.
o. Amendment No. 2 to Agreement No. 05-348 with AGR 05-348(2)
Dresser Services, Inc. extending the term to
September 30, 2008 for asbestos surveys.
p. Auctioneer Services:
AGR 07-228(1)
1. Amendment No. 1 to Agreement No. 07-228
with Tri-State Auction Systems, Inc.
extending the term to July 17, 2009.
2. Amendment No. 1 to Agreement No. 07-229 AGR 07-229(1)
with Quality Team, Inc. extending the
term to July 17, 2009.
AGR 06-219(2)
q. Amendment No. 2 to Agreement No. 06-219 with
Ameripride Uniform Services extending the
term for one (1) year for industrial laundry services.
Bakersfield, California, July 16, 2008 -Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
r. Amendment No. 3 to Agreement No. 06-220 with AGR 06-220(3)
Kern Sprinkler Landscaping, Inc. extending
the term for one (1) year for irrigation and
landscaping services.
(ward 3)s. Pavement Reconstruction on Columbus Street from
Mt. Vernon Avenue to Auburn Street -Federal
Fiscal Year 2006-07.
Contract Change Order No. 1 to Agreement AGR 07-348 CCO 1
No. 07-348 with Granite Construction
Company ($73,591.15; revised not to exceed
$1,820,009.20) for project.
2. Appropriate $65,151 Federal Surface
Transportation funds to the Public Works
Department's Capital Improvement Budget
within the SAFETEA-LU Fund.
3. Appropriate $8,441 Gas Tax Fund Balance
to the Public Works Department's Capital
Improvement Budget as the local match for
the Federal appropriation.
(ward ~)t. Contract Change Order No. 1 to Agreement No. 07- AGR 07-422 CCO 1
422 with Griffith Company ($53,264.52; revised not
to exceed $6,071,998.52) for the Northeast Trunk
Sewer -Phase 3 -Edison Highway Extension.
Bids:
u. Accept bid from Golden State Peterbilt (235,945.77)
for one (1) additional LNG powered four axle front-
loading automated refuse truck for Public Works
Dept Solid Waste Division.
(ward 2)v. Accept base bid and award contract to Lee Crippen AGR 08-124
Demolition ($177,389) for the Downtown ABS COUCH
Redevelopment Demolition Project.
(ward 5)w. Full Depth Reclamation on Camino Media Drive
from Old River Road to 200' west of Lancashire
Street -Federal Fiscal Year 2007/08.
1. Accept bid and award contract to Maverick AGR 08-125
Asphalt, Inc. ($1,525,525) for project.
2. Appropriate $557,739 Federal Surface
Transportation funds to the Public Works
Department's Capital Improvement Budget
within the SAFETEA-LU Fund.
Bakersfield, California, July 16, 2008 -Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
3. Appropriate $72,261 Gas Tax Fund Balance
o the Public Works Department's
Capital Improvement Budget for the local
match of the Federal appropriation.
(Ward 2,3,4)X. Accept bid and award contract to Floyd Johnston AGR 08-126
Construction Company ($531,914) for installation of
2,630 feet of 18" water pipeline along Coffee Road
between Granite Falls Way and Meany Avenue.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 12.b.
Councilmember Couch announced he would abstain
from item 12.v. due to a client owning property in the
area involved and potential source of income.
Motion by Vice-Mayor Hanson to approve Consent APPROVED
Calendar items 12.a. through 12.x., with the deletion of
12.k.
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
15. REPORTS
a. Report on the City website.
Information Technology Director Trammell
made comments and Webmaster Wiladene Sawyer
gave a computer presentations.
b. Report regarding analysis of park fees and Mesa
Marin Sports Complex.
Director of Recreation and Parks Department
Hoover gave a computer presentation.
Councilmember Weir requested a copy of the
computer presentation.
16. DEFERRED BUSINESS
None.
Bakersfield, California, July 16, 2008 -Page 8
17. NEW BUSINESS
None.
18. COUNCIL AND MAYOR STATEMENTS
Councilmember Benham requested staff respond fo
correspondence and requested Rhonda Smiley contact
her.
Councilmember Benham referred to staff a complaint
regarding build up of stagnant water in the streef.
Councilmember Benham referred complaints about
conditions at Jastro park over the weekend, and
requested additional cleanup as well as trash
receptacles.
Councilmember Benham requested that staff report
back with information to a citizen about who can be
contacted regarding cleanup of graffiti on the Kern
River Canyon rocks walls.
Councilmember Carson requested staff respond fo a
concern of potholes not properly paved at 6th and P
Streets.
Councilmember Carson inquired about property at the old
Fire Station at Planz Road and Chester Avenue. Mr. Tandy
responded.
Councilmember Sullivan advised that staff will begin
canvassing the Grissom Park area for loose pets and
addressing the aesthetics of the area.
Councilmember Sullivan reported that Councilmember
Scrivner and wife will be having their second child in
January 2009.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:52 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield