HomeMy WebLinkAbout03/07/12_CC_AGENDA_PACKET(Ward 1)
(Ward 2)
BAKERSFIELD CITY COUNCIL
AGENDA
MEETING OF MARCH 7, 2012
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. INVOCATION by Pastor James Lair, Bakersfield First Assembly Church.
3. PLEDGE OF ALLEGIANCE by Zachary Meier, 2nd grade student at Old River Elementary
School.
4. PRESENTATIONS
a. Presentation by Mayor Hall of a Proclamation to Dawn Baumgarten, declaring
March 7, 2012 Log Cabin Day.
b. Presentation by Mayor Hall of a Proclamation to Mark Wyatt, Principal of Bakersfield
Adult School, declaring March 12 - March 16, 2012 Adult Education Week.
5. PUBLIC STATEMENTS
6. WORKSHOPS
7. APPOINTMENTS
a. One appointment to the Planning Commission due to the expiration of term of David
Strong, whose term expired April 30, 2011.
b. One appointment to the Keep Bakersfield Beautiful Committee, due to the
resignation of Elizabeth Rodacker (alternate), whose term was to expire
November, 2012.
C. Confirmation of Mayor's appointment of members to the Oversight Board.
8. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 15, 2012 Regular City Council Meeting.
Payments:
b. Receive and file department payments from February 3, 2012 to February 23, 2012 in
the amount of $14,213,797.77, and self- insurance payments from February 3, 2012 to
February 23, 2012 in the amount of $1,291,536.65, totaling $15,505,334.42.
8. CONSENT CALENDAR continued
Ordinances:
C. First Reading of Ordinance amending Section 10.36.030 of the Municipal Code
relating to the Bus Zones.
(Ward 4,6) d. First Reading of Ordinance amending Municipal Code § 1. 12,040 and §1.12.060 by
adding Annexation No. 620 consisting of 50.29 acres located along the north side of
Rosedale Highway, between Calloway Drive and Verdugo Lane to Ward 4, and
Annexation No. 622 consisting of 0.18 acres located at 4724 Frazier Avenue to
Ward 6.
(Ward 5) e. Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal Code by changing the zone district
from R -1 (One Family Dwelling, 6,000 square foot minimum lot size) to C -2 /PCD
(Regional Commercial /Planned Commercial Development) on approximately 20.47
acres, located at the northeast corner of Panama Lane and Old River Road.
(ZC # 11 -0383, Mary Beatie/TPG Consulting, representing Daryl C. Nicholson and
Victoria M. Nicholson Trust) (FR 02115112)
(Ward 4•) f. Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Municipal Code by changing the zone district
from County A (Exclusive Agriculture) to City A (Agriculture) and E (Estate) on
approximately 140.57 acres located south of Reina Road, between Santa Fe Way
and Renfro Road. (ZC# 11 -0395 - Bryan Batey, representing Batey Family Trust &
James Bryan Batey) (FR 02115112)
Resolutions:
g. Resolution confirming approval by the City Manager designee 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.
(Ward 1,4) h. Resolutions approving application proposing proceedings for annexation of
uninhabited territory to the City identified as:
Annexation No. 572 consisting of 98.34 acres, located along the east side of
Cottonwood Road, south of the Arvin- Edison canal.
2. Annexation No. 628 consisting of 4.36 acres, located at the southeast corner
of Washington Street and Virginia Avenue.
3. Annexation No. 632 consisting of 167.95 acres, located along the south side of
Seventh Standard Road, between the Calloway Canal and Allen Road.
(Ward 2) i. Resolution of Intention No. 1707 to order the vacation of Eye Street between 8th and
9th streets and attached alleys.
(Ward 5) j. Resolution of Intention No. 1708 to order the vacation of a portion of street right -of-
way on Valley Falls Lane, and easements for landscape, wall and utility areas on
Berkshire Road, in Tract 6359 -2.
' -upon annexation
2 City Council Meeting of 03/07/2012
8. CONSENT CALENDAR continued
Agreements:
k. Agreement with William Avery & Associates, Inc. (not to exceed $99,600, including
expenses) for labor negotiation and consulting services, for two years.
(Ward 6) I. Agreement with Golden Empire Football (Five Year term) for maintenance of football
facilities located at State Farm Sports Village Complex on the north side of Taff
Highway, between Ashe Road & Gosford Road.
M. Amendment No. 1 to Agreement No. 11 -032 with San Joaquin Fence & Supply
($200,000; revised not to exceed $524,002, and extends term 1 year) to continue the
supply of installed fencing.
n. Amendment No. 3 to Agreement No. 10 -063 with Pavement Recycling Systems, Inc.
($225,000; revised not to exceed $717,000, and extends term 1 year), to the annual
contract for Cold Planing.
(Ward 6) o. Contract Change Order No. 7 to Agreement No. 10 -153 with Griffith Company
($12,090.22; revised not to exceed $2,924,861.23) for the street improvements on
Gosford Road from Taff Highway to McCutchen Road Project.
Bids:
P. Reject bids for police special motorcycles for the Police Department.
(Ward 1) q. Accept bid and approve contract with Bradley & Sons, Inc. ($97,515), for
construction of the Wastewater Treatment Plant No. 2 Monitor Wells Installation Phase
2 Project.
r. Accept bid and approve contract with Stinson Stationers, Inc. (not to exceed
$260,000), for the annual contract for office supplies.
S. Purchase of LNG refuse roll -off trucks for the Solid Waste Division:
Accept bid from Golden State Peterbilt ($790,563.69) for four replacement
LNG refuse roll off trucks.
2. Reject bids for replacement of four diesel refuse roll off trucks.
3. Appropriate $150,000 Rose Foundation Grant to the Public Works
Department's Operating Budget within the Equipment Management Fund to
partially offset the purchase cost of four replacement LNG powered refuse roll
off trucks.
Miscellaneous:
t. Appropriate $10,000 State Grant Revenues (FY2011 -12 Minor Decoy and Shoulder
Tap - Mini Grant Program from the State Office of Alcoholic Beverage Control) to
the General Fund Police Operating Budget, to fund overtime for the BPD vice division
to conduct minor decoy and shoulder tap operations.
(Ward 4) U. Appropriate and transfer $55,000 Facility Reserve Fund Balance to the Public Works
Department's Capital Improvement budget within the Capital Outlay Fund.
3 City Council Meeting of 03/07/2012
8. CONSENT CALENDAR continued
V. Bicycle Transportation Plan:
1. Appropriate $120,000 Rose Foundation Grant to the Development Services
Operating Budget in the Capital Outlay Fund.
W. Reclassification of Deputy City Clerk to Administrative Assistant I.
Staff recommends adoption of Consent Calendar items 8. a. through 8. w.
9. CONSENT CALENDAR PUBLIC HEARINGS
10. CLOSED SESSION
a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to
Government Code Section 54957 (b)(1)/54957.6.
RECESS TO CLOSED SESSION
11. CLOSED SESSION ACTION
12. HEARINGS
(Ward 4) a. Public Hearing to consider Resolution denying the appeal by JH Hansen Engineering
representing John Powell, Jr., of the Board of Zoning Adjustment's denial of a zoning
modification (File No. 11 -0436) to permit two buildings totaling approximately 392
square feet within the required front yard area in an R -1 8.5k zone district (One Family
Dwelling - 8,500 square foot lot minimum) located at 309 Sonoma Vine Court.
(Hearing continued from meeting 2/15/12)
1. Resolution denying the appeal upholding the Board of Zoning Adjustment's
denial of the zoning modification.
Staff recommends adoption of Resolution.
13. SUCCESSOR AGENCY BUSINESS
a. Receive and file Successor Agency payments from February 1, 2012 to February 23,
2012 in the amount of $450,283.44.
Staff recommends report be received and filed.
b. Resolution determining that the City as the Successor Agency to the dissolved
Bakersfield Redevelopment Agency shall take full responsibility and control of the
Millcreek Qualified Infill Area Grant with the State of California's Housing and
Community Development Department.
Staff recommends adoption of Resolution.
C. Resolution determining that the City as the Successor Housing Agency to the
dissolved Bakersfield Redevelopment Agency shall take full responsibility and control
of the Creekview Villas Down Payment Program.
Staff recommends adoption of Resolution.
4 City Council Meeting of 03/07/2012
14. REPORTS
15. DEFERRED BUSINESS
16. NEW BUSINESS
a. Resolution granting a three percent (3 %) bid preference to local vendors within the
City limits.
Budget and Finance Committee recommends adoption of Resolution.
17. COUNCIL AND MAYOR STATEMENTS
18. ADJOURNMENT
3/1/122:29 pm
Respectfully submitted,
Alan Tandy
City Manager
5 City Council Meeting of 03/07/2012
AGENDA HIGHLIGHTS
March 7, 2012 COUNCIL MEETING
REGULAR MEETING - 5:15 p.m.
There will be one appointment to the Planning Commission and one appointment to Keep
Bakersfield Beautiful
In addition, staff recommends the confirmation of the Mayor's appointments of City Manager
Alan Tandy and Assistant to the City Manager Steven Teglia to the Oversight Board that will
reviews and approve the remaining business of the former redevelopment agencies,
Item Sc. Amendment to the Ordinance relating to Bus Zones, In response to a referral from the
February 1, 2012 City Council meeting relating to the prohibition of parking in front of bus stops, the
Legislative and Litigation Committee, which met on February 21, 2012, is recommending that the
existing ordinance be amended to allow Bus Zones to be marked by a red curb Q[ appropriate
signage, rather than both, as it currently allows, In addition, as Golden Empire Transit Is currently in
the process of updating their bus routes and stops, staff will work with them to identify the bus stops
that should have signage installed,
Item 81. Agreement with Golden Empire Youth Football (GEYF) for maintenance of the football
fields at the State Farm Sports Vlilape, The second phase of construction at this facility is currently
In progress and will Include four soccer fields and four football fields, and additional restrooms,
parking, and landscape Improvements. This agreement proposes that GEYF be allowed to use the
four football fields in exchange for paying all maintenance costs for the fields, the new restrooms,
goal posts, and electric utilities, The agreement is for an initial five year term, with an option to
extend for two additional five year terms, The Community Services Committee reviewed this
proposal on December 8, 2011 and recommended that it be forwarded to the City Council for
consideration and approval,
Item 8v. 61212rol2rlatlon of Rose Foundation Grant for Preparatlon of a Bicycle Transportation Plan,
In 2011, the Community Services Committee held a series of discussions related to bicycle routes
and facilities, As a product of those discussions, staff was requested to take appropriate steps to
apply for funding to prepare a Bicycle Transportation (BT) Plan, which will, in turn, allow Bakersfield
to be eligible for funding to enhance or construct bicycle facillties, To that end, the City has
obtained a grant from the Rose Foundation in the amount of $120,000 to pay for a consultant to
prepare the BT Plan, This action requests approval to appropriate the grant funds to the
Development Services Operating Budget in the Capital Outlay Fund.
CLOSED SESSION
There is one Item to discuss the City Manager's Performance Evaluation.
Item 13a. Beginning with this City Council agenda, there will be a routine Item under this category
to receive and file the payments now made by the Successor Agency (payments were previously
approved by the former Redevelopment Agency),
Item 13b. Resolution to Assume Responsibility of the Millcreek Qualified Inflll Area Grant. The
former RDA received State Proposition 1 c grant funds in the amount of $10,847,200 for construction
of the South MITI Creek Street Improvements, Q Street Streetscape, Phase A and B of the Sister
Cities Garden Project, the 17th Street New Park Development, and the 191h Street Parking Garage.
Per the agreement with the State, all five of these projects must be completed In order to avoid
repayment of the funds. The State Housing and Community Development Department is
requesting that the Successor Agency adopt this resolution to assume full control of the Millcreek
Qualified Inflll Area Grant and related agreements.
Item 13c. Resolution to Assume Responsibility of the Creekview Villas Down Payment Program.
Similar to the action requested under Item 13b., the former RDA previously entered Into an
agreement and subsequent amendments with Creekview Villas, LLC to provide down payment
assistance in the amount of $1,011,946.00 to low and moderate Income parties for purchase of the
Creekview Villas condominium project at South Mill Creek. In addition, a $1,440,000 grant was
obtained from the State for the same purpose. This resolution will affirm that the Successor Agency
will assume responsibility for the Down Payment Assistance Program and the funding that was
received and set aside for it.
REPORTS
Item 16a. Resolution Granting a 3% Bid Preference to Local Vendors Within the City Limits. As a
result of a Council referral to review the local vendor preference policy, the Budget and Finance
Committee, at their February 29, 2012 meeting, recommended that the City raise the local vendor
preference amount from 1% to 3 %. The following stipulations will apply, vendors must be
physically located in the City limits and have a current business license and tax permit number; the
preference will only apply to the 2^d lowest overall bidder; it will only apply to bids for supplies,
materials, and equipment in excess of $40,000 and carry a cap of $9,000; and it will not apply if
there are conflicts with Federal or State Funding guidelines. The Committee requested this
proposal be presented to the full City Council for consideration and approval.
Approved:
Alan Tandy, City Manager 7V/
cc, Department Heads
City Manager's File
City Clerk's File
News Media File
Agenda Highlights - March 7, 2012 Council Meeting
Page 2
MEETING DATE: March 7, 2012 AGENDA SECTION: Presentations
ITEM: 4
TO: Honorable Mayor and City Council
FROM: Mayor Harvey L. Hall
DATE: February 17, 2012
APPROVED
DEPARTMENT HEA
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of Proclamation to Dawn Baumgarten, owner, declaring March
7, 2012, "Log Cabin Day" in Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: March 7, 2012 AGENDA SECTION: Presentations
ITEM: 4.6.
TO:
Honorable Mayor and City Council
FROM:
Mayor Harvey L. Hall
DATE:
February 17, 2012
APPROVED
DEPARTMENT HE t
CITY ATTORNEY
CITY MANAGER
SUBJECT: Presentation by Mayor Hall of a Proclamation to Mark Wyatt, Bakersfield Adult School
Principal, declaring March 12, 2012 through March 16, 2012, "Adult Education Week" in
Bakersfield.
RECOMMENDATION:
BACKGROUND:
krt
MEETING DATE: March 7, 2012 AGENDA SECTION: Appointments
ITEM: -7.,0L.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
February 27, 2012
APP
_D
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
One appointment to the Planning Commission due to the expiration of term of
David Strong (Ward 1), whose term expired April 30, 2011.
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND:
There Is one appointment to the Planning Commission due to the expiration of term of David
Strong (Ward 1), whose term expired April 30, 2011.
Applications for appointment have been received from the following:
• David Strong
• Marvin Dean
• Elva Martinez
• Bryan Lee Mathews
• Jason Boone Matthews
• Coby Vance
On October 6, 1999, the City Council, by adoption of Ordinance 3926, determined the order of
nomination. In accordance with this ordinance, the appointment shall be made by the
Councilmember of Ward 1,
The Planning Commission Is an advisory body to the City Council, It Is composed of seven (7)
regular members, nominated by the Councilmember of the ward which corresponds with the
commission vacancy. Additionally, Planning Commission members must be residents of the City
throughout their four -year terms, but not of a specific ward of the nominating Councilmember.
Commission duties are to maintain and Interpret the City's General Plan and recommend
methods of implementation; maintain the City's zoning ordinance and make recommendations
for Improvement; review the City's Capital Improvement Plan for consistency with the General
Plan; review and approve subdivisions and parcel maps; and conduct hearings on all of the
above Items and on any appeals of site plan review.
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February 27, 2012, 5:16PM
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MEETING DATE: March 7, 2012 AGENDA SECTION: Appointments
ITEM: 'I . b,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
February 27, 2012
APP_
DEPARTMENT HEAD T
CITY ATTORNEY
CITY MANAGER
One appointment to the Keep Bakersfield Beautiful Committee, due to the
resignation of Elizabeth Rodacker (Alternate, Ward 2), whose term was to expire
November, 2012,
RECOMMENDATION: Staff recommends Council determination.
BACKGROUND:
There is one vacancy for an Alternate Member on the Keep Bakersfield Beautiful Committee
(KBBC) due to the resignation of Elizabeth Rodacker (Ward 2), whose term was to expire
November, 2012.
An application for appointment was received from the following:
e Amber Beeson
The Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The Committee Is
comprised of eight (8) Mayor /Council - appolnted members, who take on the responsibility of
decision making for the beautification program. On July 30, 2009, the City Council adopted
Ordinance 4520 which allows each Councllmember and the Mayor to appoint one Alternate
member to the KBBC. Each Alternate Is allowed to vote in the place of their corresponding
appointed Regular Committee members when absent.
The duties of the KBBC are to recommend policies and specific programs to the City Council
which promote the Mission Statement of the KBBC, as reflected In Its Bylaws on file with the City
Clerk. In addition, the KBBC shall actively participate in the Implementation of various programs
and projects to achieve the KBBC Mission Statement. The Committee Coordinator of the KBBC
will be the liaison between KBBC and the City Council, and shall provide the Council, upon
request, written reports on the activities of the KBBC.
The news release for this recruitment was posted on January 31, 2012.
February 27, 2012, 5:15PM
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` s ` ADMINISTRATIVE REPORT
MEETING DATE: March 7, 2012 AGENDA SECTION: APPOINTMENTS
ITEM: -7. C-.
TO: Honorable Mayor and City Council APPROVED
FROM: Joshua H. Rudnick, Deputy City Attorney DEPARTMENT HEAD
DATE: February 23, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Confirmation of Mayor's appointment of members to the Oversight Board.
RECOMMENDATION:
Staff recommends the confirmation of the Mayor's appointment of members to the Oversight
Board.
BACKGROUND:
In adopting AB1X 26, the State of California dissolved redevelopment agencies, replacing them
with Successor Agencies tasked with "winding up" the business of the former redevelopment
agencies, and establishing Oversight Boards by May 1, 2012 to review and approve certain
actions of the Successor Agency. The City is the Successor Agency and its Oversight Board is to
be comprised of seven (7) members, two of whom are to be selected by the Mayor. The
remaining members are selected by the Kern County Board of Supervisors (two members); the
largest special tax district in the former redevelopment areas of the City (one member); the Kern
County Superintendent of Schools (one member); and the Chancellor of the California
Community Colleges to represent the Kern Community College District (one member).
Based on Health and Safety Code Section 34179, the Mayor is responsible for appointing two
members to the Oversight Board and has selected the following:
1) Alan Tandy, City Manager; and
2) Steven Teglia, Assistant to the City Manager.
CONCLUSION:
Staff recommends and encourages the City Council to confirm the Mayor's appointment of
members to the Oversight Board.
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2/23/2012 2:46 PM
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Roberta Gafford, City Clerk
February 23, 2012
APPROVED
DEPARTMENT HEAD��
CITY ATTORNEY
CITY MANAGER
Approval of Minutes of the February 15, 2012 Regular City Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ndw
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8. 6.
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 23, 2012
APPROVED
DEPARTMENT HEAD �r-
CITY ATTORNEY y `
CITY MANAGER
SUBJECT: Receive and file department payments from February 3, 2012 to
February 23, 2012 in the amount of $14,213,797.77, Self Insurance
payments from February 3, 2012 to February 23, 2012in the
amount of $1,291,536.65, totaling $15,505,334.42
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
February 23, 2012, 12:25PM
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MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8. C.
TO: Honorable Mayor and City Council APPROVED
FROM: City Attorney's Office DEPARTMENT HEAD V(!,,-
DATE: February 23, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of Ordinance amending Section 10.36.030 of the Bakersfield Municipal
Code relating to Bus Zones.
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
At the February 1, 2012 City Council meeting, the Independent Living Center of Kern
County requested that Bakersfield enact an ordinance that would prohibit parking in front of bus
stops. The matter was referred to the Legislative and Litigation Committee which met on
February 21, 2012. The Committee was informed that Bakersfield has an ordinance on the topic
but that amending it would be appropriate.
The only substantive change being proposed it to allow "Bus Zones" to be designated by
a red curb or proper signage rather than both, as is the current requirement.
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February 23, 2012, 9:24AM
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MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: February 6, 2012
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections
§ 1. 12.040 and § 1. 12.060 by adding Annexation No. 620 consisting of 50.29 acres
located along the north side of Rosedale Highway, between Calloway Drive and
Verdugo Lane to Ward 4, and Annexation No. 622 consisting of 0.18 acres
located at 4724 Frazier Avenue to Ward 6. (Wards 4 & 6)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
This ordinance amends the ward boundaries to include Annexations 620 and 622 into the
corresponding Council wards. These annexations were recently approved by LAFCo.
Annexation No. 620 is located along the north side of Rosedale Highway, between Calloway
Drive and Verdugo Lane. The annexation territory includes 46 parcels on 50.29 acres and has
multiple property owners. Annexation was initiated by the property owners (Yun Schestag and
Yun Family Trust) at the northeast corner of Verdugo Lane and Rosedale Highway to allow
development of a commercial center and to receive city services. Additional lands to the
east were included to provide connection to the existing city limits. LAFCo held a protest
hearing on July 26, 2011. No persons attended the hearing and no correspondence was
received in favor or against the annexation. This area will be included into Ward 4.
Annexation No. 622 consists of a residential home site located at 4724 Frazier Avenue. The
property owners (James and Doris Marston) requested annexation to receive city services. This
area will be included into Ward 6.
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MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: S,
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 17, 2012 CITY ATTORNEY
CITY MANAGER W'✓
SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing
the zone district from R -1 (One Family Dwelling, 6,000 square foot minimum lot
size) to C -2 /PCD (Regional Commercial /Planned Commercial Development)
on approximately 20.47 acres, located at the northeast corner of Panama
Lane and Old River Road (ZC # 11 -0383, Mary Beatie /TPG Consulting,
representing Daryl C. Nicholson and Victoria M. Nicholson Trust, the property
owner). (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on February 15, 2012.
The applicant proposes amendments to the Metropolitan Bakersfield General Plan Land Use
Element and City of Bakersfield Zoning Ordinance to accommodate commercial
development. The Regional Commercial zoning with a Planned Commercial Development
overlay (C -2 /PCD) will facilitate future commercial retail development on the westerly 13.13
acres and a self- storage facility on the easterly 7.34 acres.
The self- storage facility will be constructed first and will include approximately 168,000 square
feet of enclosed rentable self- storage units and an on -site caretakers' residence /office. The
Planning Commission has approved a site plan for this facility, which will be constructed in
two phases. Conditions include development standards typical of any commercial project,
including full arterial street improvements along the frontage of the storage facility and a
masonry block wall adjacent to the residential neighborhood to the east. That site plan
approval only becomes effective if this GPA /ZC is granted. No timetable has been
proposed as to when development would occur on the remainder of the site.
Urban development has built up in the project vicinity including single family housing to the
north and east of the project site. The project site is currently vacant, with vacant and
partially - developed single family housing to the south and west, and vacant commercial
property to the west. There are approved tentative tract maps located southwest of the
project site but these sites remain undeveloped.
ADMINISTRATIVE REPORT
Page 2
The Planning Commission conducted a public hearing regarding this General Plan
Amendment and Zone Change on December 15, 2011, and recommended approval to the
City Council. No individuals or agencies present at the hearing opposed the request,
though a homeowner adjacent to the site commented about a field mouse infestation as a
result of recent grading of the property (though he supported the project). Conditions of
approval and mitigation measures, which have been agreed to by the applicant, address
air quality, greenhouse gas emissions, cultural resources, biological resources, traffic, and
public improvements.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. Therefore, a Negative Declaration was prepared and
posted on November 18, 2011, in accordance with CEQA.
Attachments:
Exhibit A: Self- storage Facility Location Map
Exhibit B: Proposed Self- storage Facility Site Plan
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MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: 16
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 17, 2012 CITY ATTORNEY
CITY MANAGER -
SUBJECT: Adoption of Ordinance approving a Negative Declaration and amending the
Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the
zone district from County A (Exclusive Agriculture) to City A (Agriculture) and E
(Estate) on approximately 140.57 acres located south of Reina Road, between
Santa Fe Way and Renfro Road. (ZC # 11 -0395 - Bryan Batey representing Batey
Family Trust & James Bryan Batey) (Ward 4, Upon Annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the Ordinance was given on February 15, 2012.
The project is located south of Reina Road, between Santa Fe Way and Renfro Road and within
the Western Rosedale Specific Plan area. Surrounding properties include a mix of established
and developing residential homes and agricultural lands.
The Planning Commission held an advertised public hearing on this zone change request, and
recommended adoption by the City Council on December 15, 2011. The project applicant is
requesting a pre- zoning of the subject site from County A (Exclusive Ag(culture) to City A
(Agriculture) on 130.50 acres and E (Estate) on 10.07 acres. The request is consistent with the
General Plan Land Use designations on the subject property. No development is being
proposed at this time. The applicant intends to continue forming the parcel until such time as
surrounding properties develop.
Based upon an initial environmental assessment, staff has determined the proposed project will
not significantly affect the physical environment or existing residential development in the area,
therefore a Negative Declaration was prepared and advertised. There were no comments on
the proposal and the Planning Commission unanimously approved the request on consent.
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MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM Vq
TO: Honorable Mayor and City Council
FROM: Phil Burns, Building Director
DATE: February 16, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution confirming approval by the City Manager designee 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 authorizing collection of the
assessments by the Kern County Tax Collector.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
Assessment hearing was held on February 13, 2012, by the City Manager designee 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 $alas
1.
6 Augusta Street
018 - 180 -26
$
300.00
2.
8 Augusta Street
018- 180 -25
$
300.00
3.
108 Augusta Street
018- 190-07
$
105.00
4.
314 Augusta Street
018- 210 -09
$
105.00
5.
1024 Bank Street
010- 221 -23
$
899.00
6.
811 S. Brown Street
019 - 131 -09
$
872.00
7.
122 Clifton Street
018- 390 -09
$
987.00
February 16, 2012, 2:55PM /kd
S:\Dana\ADMINS\2012\MARCH\3 -7- Property Abatement.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION APN COST
Ward 1 /Counclimember Salas
8.
130 Clifton Street
018 - 390 -07
$
729.00
9.
323 Donna Avenue
010 - 063 -03
$
600.00
10.
2608 Dore Drive
022 -231 -07
$
1,555.00
11.
236 S. Haley Street
019 - 191 -01
$
800.00
12.
714 S. Haley Street
019 - 111 -05
$
647.00
13.
128 Kincaid Street
018 - 160 -05
$
955.00
14.
329 S. King Street
018 - 140 -20
$
850.00
15.
724 Kingscross Avenue
413- 173 -02
$
680.00
16.
508 Leland Avenue
022 - 293 -13
$
1,350.00
17.
1213 Murdock Street
018 - 112 -09
$
850.00
18.
3406 Oliver Street
172 - 101 -41
$
1,069.00
19.
212 S. Owens Street
018- 230 -09
$
300.00
20.
499 Pacheco Road # 122
412- 061 -36
$
105.00
21.
659 Pacheco Road
412 - 049 -08
$
300.00
22.
910 R Street
009 - 180-13
$
848.00
23.
1027 T Street
009 - 080 -07
$
877.00
24.
1104 Virginia Avenue
018 - 112 -20
$
750.00
25.
431 S. Williams Street
019- 082 -12
$
876.00
26.
604 S. Williams Street
019 -091 -02
$
747.00
27.
808 S. Williams Street
019- 131 -34
$
1,100.00
28.
222 E. 7th Street
139- 202 -10
$
300.00
29.
1404 E. 9th Street
018- 061 -29
$
600.00
30.
1405 E. 9th Street
018- 062 -08
$
849.00
31.
917 l Oth Street
009 - 162 -19
$
300.00
Ward 2 /Councilmember Benham
32.
507 Butte Street
016- 430 -04
$
679.00
33.
1312 Eureka Street
017- 230 -12
$
105.00
34.
233 Eye Street
010- 280 -07
$
829.00
35.
324 Eye Street
010 - 150 -18
$
105.00
36.
1032 Kern Street
014- 260 -05
$
839.00
37.
2030 King Street
013- 010 -06
$
1,265.00
38.
1011 Lake Street
015- 380 -03
$
769.00
39.
1412 Pacific Street
015- 040 -13
$
1,396.00
40.
424 Truxtun Avenue
006 - 131 -23
$
1,265.00
41.
2423 31d Street
008 - 162 -08
$
105.00
42.
2512 3rd Street
008- 161 -18
$
105.00
43.
1311 E. 18th Street
017- 230 -03
$
300.00
February 16, 2012, 2:55PM /kd
S: \Dana\ADMINS\2012\MARCM3 -7- Property Abatement.doc
ADMINISTRATIVE REPORT
PROPERTY LOCATION
Ward 3 /Counciimember Weir
APN COST
44.
3709 Cardinal Avenue
382 - 173 -04
$
300.00
45.
5711 Fairfax Road
439 - 090 -16
$
935.00
46.
3213 Haley Street
021- 342 -46
$
675.00
47.
2906 Roanoke Court
383 - 182 -15
$
300.00
Ward 4 /Counciimember Couch
48.
5425 Coastal Wind Street
527 - 362 -33
$
735.00
49.
13008 Jackson Lake Drive
529 - 182 -04
$
738.00
50.
12404 Ruby River Drive
528 - 492 -25
$
775.00
51.
11303 Summit Point Court
528 - 113 -24
$
300.00
Ward 5 / Counciimember Hanson
52.
7805 Calle Torcido
339 - 463 -09
$
105.00
53.
7900 Kamloops Drive
381 - 102 -18
$
1,380.00
54.
8000 Kroll Way #79
389 - 181 -12
$
757.00
55.
9815 Vertrice Avenue
497 - 332 -14
$
685.00
Ward 6 /Coucilmember Sullivan
56.
1915 Hasti Acres Drive
440 - 211 -12
$
300.00
57.
9020 Mountain Ridge Drive
532 -050 -11
$
900.00
58.
3505 Reeder Avenue
441- 022 -10
$
300.00
59.
5938 Taft Highway
532 - 050 -12
$
1,225.00
60.
4018 Wilson Road
440 - 033 -06
$
300.00
61.
6505 Wilson Road
384 - 121 -06
$
105.00
Ward 7 /Counciimember Johnson
62.
4300 Balboa Drive
171- 182 -18
$
105.00
63.
4301 Balboa Drive
171 - 183 -01
$
105.00
64.
4605 Country Place Lane
371- 172 -08
$
300.00
65.
4309 Jackson Ridge Avenue
514- 492 -05
$
859.00
66.
4600 Pacific Crest Way
405 - 291 -12
$
300.00
67.
1212 White Lane
025- 152 -14
$
760.00
February 16, 2012, 2:55PWkd
S: \Dana\ADMINS\2012\MARCH\3 -7- Property Abatement.doc
ADMINISTRATIVE REPORT
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 designee and to object to the correctness of the costs incurred by the City to
remove the public nuisance. The City Manager designee has approved the assessments
associated with the above mentioned properties.
The Council will need to confirm the approval of the City Manager designee of the costs incurred
by the City for work performed to remove the public nuisance and order that such costs be
made a lien against the property. This will be done by adoption of the attached resolution.
February 16, 2012, 2:55PM /kd
S:\Dana\ADMINS\2012\MARCH\3-7-Property Abatement.doc
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: $,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Jim Eggert, Planning Director
February 17, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolutions approving application proposing proceedings for annexation of
uninhabited territory to the City identified as:
Annexation No. 572 consisting of 98.34 acres, located along the east
side of Cottonwood Road, south of the Arvin- Edison canal. (Ward 1).
2. Annexation No. 628 consisting of 4.36 acres, located at the southeast
corner of Washington Street and Virginia Avenue. (Ward 1).
3. Annexation No. 632 consisting of 167.95 acres, located along the south
side of Seventh Standard Road, between the Calloway Canal and Allen
Road. (Ward 4).
RECOMMENDATION:
Staff recommends adoption of the resolutions.
BACKGROUND:
The resolutions of application propose proceedings for annexation of uninhabited
territory to the City of Bakersfield.
Annexation No. 572 is located along the east side of Cottonwood Road, south of the
Arvin- Edison canal. The annexation territory includes two adjacent parcels and a portion
of the Arvin- Edison canal on 98.34 acres. The western parcel, owned by Patsy Stacy &
Dorothy Lowry is in agricultural use. These property owners are requesting annexation for
development purposes and to receive city services. The eastern parcel (owned by Rod
Knittel) is developed with a home site and several outbuildings. Mr. Knittel is also
requesting annexation to receive city services. Because these parcels are bounded by
the Arvin- Edison canal along their northern and eastern boundaries, it was determined
that the Arvin- Edison canal should be included into the annexation territory. Because the
canal property has been included, this annexation will be subject to a noticed protest
hearing conducted by LAFCo. The annexation is within the City's Sphere of Influence
boundary and adjacent to the city limits.
ADMINISTRATIVE REPORT
Page 2
Annexation No. 628 is located at the southeast corner of Washington Street and Virginia
Avenue. The annexation territory is developed and consists of a towing business on 4.36
acres. The property owner, Randall Davis, requested annexation to include Joe's Towing
Company into the city limits. This annexation is within the City's Sphere of Influence
boundary and adjacent to the city limits.
Annexation No. 632 is located along the south side of Seventh Standard Road, between
the Calloway Canal and Allen Road and consists of 167.95 acres. The City of Bakersfield
adopted a resolution of application for Annexation 632 (by Resolution 128 -10) on
November 3, 2010. The annexation application was submitted to the Local Agency
Formation Commission (LAFCo) on November 22, 2010. Upon receipt of the application,
LAFCo initiated the pre- noticing process which establishes the city /county 60 -day tax -split
negotiation period. During this time, the applicant was also working with Kern County on
a special mitigation agreement for additional public services. The applicant /county did
not reach an agreement before the 60-day negotiation period ended. Therefore, the
Kern County Board of Supervisors did not adopt the tax split resolution and Annexation
632 was terminated by the LAFCo Executive Officer on February 1, 2011.
On January 20, 2012, the applicant, Maurice Etchechury, representing Frances Peterson
Separate Property Trust, requested that the city re- submit the annexation application as
they have since signed an agreement with the county. Adoption of a new resolution of
application for Annexation No. 632 is therefore required to re -file the annexation
application. The annexation is adjacent to the City limits and within the City's Sphere of
Influence boundary. The property is designated for suburban residential and commercial
development. The property owners have consented to annexation. The proposal is to
annex the land for development purposes and receive city services.
The exchange of property tax revenues for all of these annexations will be covered under
the master tax split agreement (Memorandum of Understanding 05 -015) between the
City of Bakersfield and County of Kern.
JE:dc \ \S: \Annexation \Res of Applic \Admin Draft 572 & 628 & 632.doc
MEETING DATE March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: 16, i.
TO:
FROM:
DATE:
SUBJECT
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
February 29, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Resolution of Intention No. 1707 to order the vacation of Eye Street between 8th
Street and 9th Street and attached alleys (Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution of Intention.
BACKGROUND: The City received a request from St. Francis Church to vacate the following
areas as noted on Exhibit A:
• Eye Street between 8th Street and 9th Street;
• East /west alley between Eye Street and north /south alley; and,
• A portion of the north /south alley between 8th Street and the east /west alley.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of this vacation request. No objections have been received
as of the date of this report. Public Works notes that there is no City sewer or storm drain
facilities in this area.
The utility companies serving the area have been notified of this vacation request by mail.
There has been no objection from the utility companies as of the date of this report. There will
be a public utility easement reserved in the north /south alley for AT&T.
On February 2, 2012, the Planning Department found the proposed vacation of Eye Street
between 8th Street and 9th Street and attached alleys to be consistent with the Metropolitan
Bakersfield General Plan pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
Preliminary notices were also mailed to all adjacent property owners within a 300 -foot radius of
the proposed vacated area. Public Works has received two letters of concern from these
owners as of the date of this report. These letters have been forwarded to the applicant, who
will address the issues raised by the property owners.
February 22, 2012; 7:55 AM
G: \GROUPDAT \ADMINRPT \2012 \03 -07 \EYE STREET VACATION ROI
ADMINISTRATIVE REPORT
Following is a short synopsis of the two letters of concern:
• Mr. Rosendo Zamora, property owner of 801 Eye Street, stated that he concurs with
vacation of the alley, but not of the street parking because his tenants use this space
for parking. His letter, dated February 3, 2012, is attached to this Administrative Report.
In the attached letter addressed to Mr. Zamora by the Public Works Department, staff
informed the property owner that there is sufficient off - street parking in the area to
accommodate the lost spaces along Eye Street. In addition, in the same letter, staff
informed the property owner that upon completion of the street vacation that portion
of Eye Street adjacent to his property would revert back to his control and ownership.
• Mr. Jesse Leal, owner of 1516 8th Street and 801 Chester Avenue, indicated in the
attached January 27, 2012 email to staff that the proposed change in traffic flow would
directly impact his business tenants and his weekly commutes to and from his property.
In response to his email, staff researched the issues raised in Mr. Leal's letter and mailed
the attached letter dated February 23, 2012. Staff's letter to the property owner stated
that the Traffic Department determined that the traffic flow in this section of Eye Street is
low, less than 1,000 average daily trips. Based on this level of traffic flow, traffic or
business studies are not required for this project. Additionally, the applicant for the
vacation request is not required to perform any mitigation measures to local businesses
by the change in traffic flow. The circulation north and south to this location can be
accessed by several alternate routes in the area: H Street, Chester Avenue, 8th Street,
and 10th Street.
Mr. Leal contacted City staff by phone in response to staff's letter dated February 231d.
The attached memorandum, dated February 28, 2012, from the Public Works
Department provides a summary of staff's conversation with Mr. Leal. Following is a
short summary of Mr. Leal's concerns:
1. How was the level of traffic determined for Eye Street?
Staff's comments: The Traffic Division performed a study of the area on February 1,
2012 to determine the volume of traffic for Eye Street. The study found that the total
Average Daily Trips for this area was 934 vehicles. Based upon this study, Traffic
Engineering does not object to this vacation request.
2. Although the level of traffic is minimal, the property owner feels that the vacation of
a portion of Eye Street will be an impact to the area.
Staff's comments: Staff concurs with Mr. Leal's concern that the vacation will impact
the area. However, it is staff's opinion that the impact would not warrant additional
traffic studies.
3. This vacation will increase traffic in the alley behind his property at 1516 8th Street
and 801 Chester.
Staff's comments: Staff concurs with Mr. Leal regarding additional traffic in the alley.
The increase of traffic in the alley will be to access the parking spaces accessible,
(see Attachment "A ", proposed site plan, and Attachment "B ", applicant's traffic
flow analysis). The existing parking lot at the southwest corner of 9th Street and the
alley is being incorporated into the development. The parking lot has an existing
exit to the alley. Attachment "A" illustrates the parking configuration in the alley
and the ingress & egress point from the alley. Attachment "B" illustrates the number
of vehicles exiting the access points during events when the parking lot is full.
No final hearing will be set until all property owners are agreeable.
/mm
February 22, 2012; 7:55 AM
G: \GROUPDAT \ADMINRPT \2012 \03 -07 \EYE STREET VACATION ROI
MEETING DATE March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: $,
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD
DATE: February 22, 2012 CITY ATTORNEY
CITY MANAGER �.., ._.
SUBJECT: Resolution of Intention No. 1708 to order the vacation of a portion of street right -of-
way on Valley Falls Lane, and easements for landscape, wall and utility areas on
Berkshire Road, in Tract 6359 -2. (Ward 5)
RECOMMENDATION: Staff recommends adoption of Resolution of Intention.
BACKGROUND: The City of Bakersfield has received a request from S & S Homes to vacate a
portion of the street right -of -way and public utilities easement for Valley Falls Lane. Valley Falls
Lane is being realigned to match a future subdivision to the north. The street improvements
were approved and the street was built in the realigned location. Additional dedications for
Valley Falls Lane right -of -way and for public utilities have been provided for, including this
street right -of -way vacation, and will match the approved plans and the improvements
constructed.
S & S Homes has also requested to vacate surplus easements that were created by the final
map for Tract 6359 -2 for landscape, wall, and public utilities. The landscaping, walls and
monument signs at the tract entrances were constructed at different locations than the
easement areas dedicated on the final map. The plans for the landscaping and walls were
approved for the current location of the landscaping and the wall as shown on Exhibit B. The
vacation of the landscaping, wall and utility easements will match the approved plans and
the improvements constructed.
The City Fire, Police, Public Works, Development Services, and Economic Development
Departments have been notified of the request and no objections have been received as of
the date of this report. Public Works notes that there is no City sewer or storm drain facilities in
this area.
The utility companies serving the area have been notified by mail. There has been no
objections as of the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 - foot radius
of the proposed vacated area. Public Works has received no objections from these owners as
of the date of this report.
February 23, 2012; 11:30 AM
G: \GROUPDAT \ADMINRPT\2012 \03 -07 \VALLEY FALLS LN VACATION ROI
ADMINISTRATIVE REPORT
On February 23, 2012, the Planning Department found the proposed vacation of a portion of
street right -of -way on Valley Falls Lane, and easements for landscape, wall and utility areas on
Berkshire Road, in Tract 6359 -2 to be consistent with the Metropolitan Bakersfield General Plan
pursuant to Government Code 65402.
It was determined that this action is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule),
because there is no possibility that the action may have a significant effect on the
environment.
/mm
February 23, 2012; 11:30 AM
G: \GROUPDAT \ADMINRPT\2012 \03 -07 \VALLEY FALLS LN VACATION ROI
ORA
ADMINISTRATIVE REPORT
+kuor n
1
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: g. k
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Christi Tenter, Human Resources Manager
February 24, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY vel-
CITY MANAGER
Agreement with William Avery & Associates, Inc., (not to exceed $99,600, including
expenses) for labor negotiation and consulting services, for two (2) years.
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
On March 24, 2010, the City Council approved Mr. Avery's consulting agreement for a two year
period ending April 1, 2012. Mr. Avery has established a long history with the City (over 26 years)
providing consulting services in labor negotiations and ongoing labor relations issues. Mr. Avery
has distinguished himself in his continued efforts to build positive working relationships between
employee labor groups, staff and Council. He also has a unique understanding of the City's
labor relations history and knowledge of past labor practices which are critical to ongoing Union
negotiations and labor matters.
In the prior agreement, 2010 -2012, Mr. Avery agreed to continue providing services with a 10%
reduction in his monthly fee from $3,500 per month to $3,150. At this time Mr. Avery has agreed to
continue under this fee structure for another two year period. The travel and lodging fees will
remain the same at $12,000 maximum reimbursement per year. This would be an agreement not
to exceed $49,800 for each year with total payments not to exceed $99,600 over the term of his
two year Agreement. This guarantees Mr. Avery's services and rate from April 1, 2012 to April 1,
2014 (2 years).
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8 ,
TO: Honorable Mayor and City Council �1APPROVED
FROM: Dianne Hoover, Recreation and Parks Director DEPARTMENT HEAD
DATE: February 24, 2012 CITY ATTORNEY
CITY MANAGER s
SUBJECT: Agreement with Golden Empire Youth Football (GEYF) (Five -Year term) for
Maintenance of football facilities located at State Form Sports Village Complex on
the North Side of Taft Highway, between Ashe Road & Gosford Road. (Ward 6)
RECOMMENDATION:
Staff recommends approval of agreement with Golden Empire Youth Football (GEYF).
BACKGROUND:
In January, 2010, the City began construction on a sports and recreational facility in
Southwest Bakersfield on property located on the north side of Taft Highway, bordered
on the east by Ashe Road and on the west by Gosford Road consisting of
approximately 170 acres, and is now known as the "State Farm Sports Village ".
The first phase of construction and development included eight (8) full -sized soccer fields
and was completed in summer of 2011. The second phase of construction and
development includes four (4) full -sized soccer fields and four (4) full -sized football fields,
and includes roadways for vehicular and pedestrian ingress and egress, vehicle
parking areas, restrooms and landscaped areas.
GEYF desires to utilize the four (4) football fields for the purpose of football practice,
football matches, football tournaments, and special events related to the sponsorship
and participation in football matches and related activities.
In exchange for GEYF bearing all costs for maintenance of the football fields, restrooms,
goal posts and electric utilities (collectively referred to herein as Football Facilities), staff
recommends that the City grant a revocable license to GEYF for use of the Football
Facilities for a term of initial 5 years, with an option to extend for 2 additional 5 year
terms.
kt S: \ADMINISTRATION DIVISION \ADMIN RPTS \2012 ADMINS \GEYF ADMIN.DOC
The Community Services Committee reviewed this proposal at their meeting of
December 8, 2011 and recommended that it be forwarded to the City Council for
consideration and approval.
kt SAADMINISTRATION DIVISION \ADMIN RPTS \2012 ADMINS \GEYF ADMINAOC
MEETING DATE: February 23, 2012 AGENDA SECTION: Consent Calendar
ITEM: S.
TO: Honorable Mayor and City Council
APPROVED
FROM: Nelson Smith, Finance Director DEPARTMENT HEAD 3
DATE: March 7, 2012 CITY ATTORNEY
CITY MANAGER��`
SUBJECT: Amendment No. 1 to Agreement No. 11 -032 with San Joaquin Fence & Supply;
extending the contract term one year and adding $200,000 (for a total not to
exceed amount of $524,002) to continue the supply of installed fencing. (City
Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On March 30, 2011, Council approved the Annual Contract for the supply of
installed fencing to San Joaquin Fence & Supply, in the amount of $324,002; renewable
annually thereafter for four consecutive one -year periods.
If approved, Amendment No. 1 will add $200,000 for a revised not to exceed amount of
$524,002, and extend the contract term one year. Funds are budgeted in the departmental
operating accounts in both General and other funds. Approval of the amendment will allow
the City to continue to meet the demands for installed fencing.
Purchasing Division/ch
S:\PURCH\ADMIMAmendments 11 -12\AC for Installed Fencing Amendment #1 Agmt. 11- 032.docx
February 23, 2012, 11:31 A.M.
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: $, n.
TO: Honorable Mayor and City Council
FROM: Nelson Smith, Finance Director
DATE: February 23, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER_'
SUBJECT: Amendment No. 3 to Agreement No. 10 -063 with Pavement Recycling Systems,
Incorporated; extending the contract term one year, and adding $225,000 (for a
total not to exceed amount of $717,000) to the Annual Contract for Cold
Planing. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment.
BACKGROUND: On May 19, 2010, Council approved the annual contract for Cold Planing to
Pavement Recycling Systems, Inc., in the amount of $146,000; renewable annually thereafter for
four (4) consecutive one -year periods. On May 4, 2011, Council executed Amendment No. 1
extending the term one year and adding $146,000 for a revised not to exceed amount of
$292,000. On July 13, 2011, Council executed Amendment No. 2 adding $200,000 for a revised
not to exceed amount of $492,000.
If approved, Amendment No. 3 will add $225,000 for a revised not to exceed amount of
$717,000, and extend the contract term one year. Funds are budgeted in the Gas Tax and
Capital Outlay Funds for this street maintenance function.
Purchasing Division /ch
S:\PURCHWDMINWmendments 11- 12\Amendment #3 to Agmt 10 -063, AC Cold Planing, March 7, 2012.docx
February 24, 2012, 9:17AM
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: $,
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 23, 2012
P D
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Contract Change Order No. 7 to Agreement No. 10 -153 with Griffith
Company ($12,090.22; revised not to exceed $2,924,861.23) for the Street
Improvements: Gosford Road from Taft Highway to McCutchen Road Project
(Ward 6).
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: This project provides for the reconstruction and widening of Gosford Road from
Taft Highway to McCutchen Road.
Due to a terrain change caused by sewer construction on the McCutchen Road Street
Improvement Project, a masonry retaining wall must be constructed on the southeast corner of
Gosford Road and McCutchen Road to conform to the new terrain. The contractor has agreed
to construct this wall for the lump sum price of $9,887.25.
In order to protect the manhole frames and covers from damage, a corrugated metal pipe
(CMP) needs to be placed at each storm drain manhole located on the future Fairplay Drive.
The contractor has agreed to install the CMP for the lump sum price of $3,124.04.
In order to protect the new street wire from theft, locking mechanism bolts will need to be
installed in all of the street light pull boxes. The contractor has agreed to do this work for the lump
sum price of $315.
The street lights on McCutchen Road could not be energized until the point of connection was
installed by PG &E on Gosford Road. The contractor has agreed to provide the necessary wiring
to energize the McCutchen Road street lights for the lump sum price of $563.93.
As a result of the power pole relocation on Gosford Road by PG &E, the point of connection for
the street lights was moved. As a result of this move, the size of the street light wiring can be
reduced from a No. 2 wire to a No. 4 wire. The contractor has agreed to credit the City in the
amount of ($1,800) for this wire size reduction.
RM (Construction)
February 24, 2012, 10:54AM
G:\ GROUPDATWDMINRPT\2012 \03- 07 \CCO 7 Gosford Rd from Taft Hwy to McCutchen Rd.doc
ADMINISTRATIVE REPORT
The net cost of Change Order No. 7 is $12,090.22. The sum of all change order to date on this
project reflects a total cost increase of $124,749.23 (which is 4.5% of the original contract
amount) as illustrated below:
• Original Contract Amount = $2,800,112.00
• Amended Contract Agreement after Change Orders = $2,924,861.23
Net Increase to date = $ 124,749.23
Sufficient funds are budgeted to cover the cost of these Contract Change Orders.
RM (Construction)
February 24, 2012, 10:54AM
G:\ GROUPDAT \ADMINRPT\2012 \03- 07 \CCO 7 Gosford Rd from Taft Hwy to McCutchen Rd.doc
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 22, 2012
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Reject bids for police special motorcycles for the Police Department.
(City Wide)
RECOMMENDATION: Staff recommends rejection of bids.
BACKGROUND: Invitations to bid were sent out to over 160 vendors for the replacement of
four (4) police special motorcycles. Two bids were received in response to the
solicitation. Bids were received from Bakersfield Harley Davidson and Fred Cummings
Motorsports of Bakersfield.
The police department has determined they want to reject the bids that were received. Staff
Will re- evaluate their departmental needs and re -bid for replacement motorcycles at a future
date.
Purchasing Division/kb
& PURCHWDMINWdmin 11- 121Reject Bids - Police Special Motorcycles, 11- 12 -55, March 7, 2012.docn
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEA �,`—
�,k
DATE: February 21, 2012 CITY ATTORNEY /�--
CITY MANAGER
SUBJECT: Accept bid and approve contract to Bradley & Sons, Inc. ($97,515.00) for the
construction of the Wastewater Treatment Plant No. 2 Monitor Wells Installation
Phase 2 Project (Ward 1).
RECOMMENDATION: Staff recommends acceptance of low bid and approval of contract.
BACKGROUND: California State Regional Water Quality Control Board ( SWRCB) adopted new
requirements which changed the monitoring and reporting program for Wastewater Treatment
Plant No. 2 to include more extensive groundwater monitoring. Groundwater monitoring
includes collecting groundwater samples at locations near Plant 2.
This project includes installation of four groundwater monitor wells and is the second of two
phases. SWRCB has reviewed and concurred with the recommendations of the City's
consultant, a hydrogeologist, to install eight monitor wells on -site and incorporate the wells into
the quarterly sampling program. Installation of the monitor wells allows Plant 2 to comply with
SWRCB's requirements and potentially avoid costly expansion in the future.
This project is funded entirely with Sewer Enterprise funds. The Engineer's Estimate for this
project was $128,000. Sufficient funds are budgeted to award this contract.
On January 31, 2012, a total of three bids were received; all of those bids are acceptable.
Those acceptable bids are as follows:
Bradley & Sons, Inc.
3625 S. Highland Ave
Del Rey, CA 93616
Dan's Water Well & Pump Service
8200 Collier Canyon Road
Livermore, CA 94551
LS
pw/wastewater /E2 K201
February 17, 2012, 4:07PM
in the amount of $97,515.00
in the amount of $108,275.00
G:\GROUPDATWDMINRPT \2012 \03- 07 \WWTP#2 New Monitor Wells Installation E2K203 Contract Award.docx
ADMINISTRATIVE REPORT
Yellow Jacket Drilling Services
3922 E. University Drive, Suite 1
Phoenix, AZ 85034 in the amount of $162,005.00
There is no General Fund impact associated with this project.
LS
pw /wastewater /E2K201
February 17, 2012, 4:07PM
G:\ GROUPDAT WDMINRPT\2012 \03- 07 \WWTP #2 New Monitor Wells Installation E2K203 Contract Awlyd.docx
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
EM:
TO: Honorable Mayor and City Council APPROVED
FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD
DATE: February 23, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Accept bid and approve contract to Stinson Stationers, Incorporated (not to
exceed $260,000) for the annual contract for office supplies. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and approval of contract.
BACKGROUND: Invitations to Bid were sent to all registered bidders for providing a City -wide
contract for Office Supplies. Five (5) partial bids were submitted from Quill Corporation, Daily
I.T., The Tree House, Inc., I Print Technologies, Inc. and Coast to Coast Computer Products, Inc.
Staff evaluated the partial bids to determine the feasibility of a split award and no cost savings
would be realized. Four (4) complete bids, two (2) of which are considered non - responsive
were received in response to solicitation. The detailed analysis of all bids received is available
for review in the Purchasing Division.
The complete bid submitted from Office Max North America is considered non - responsive as
they quoted substitutes for several brand specific contract items that were not deemed "or
equal ". The complete bid submitted from Diltex, Inc. is considered non - responsive as they
failed to provide the discount for non - contract items which is part of the evaluation process.
The bids solicited were based on a list of 105 frequently ordered office supplies; i.e. toner
cartridges, paper, etc. (Contract items) with estimated quantities where the prices bid will
remain fixed for one (1) year. In addition, bidders were asked to provide a discount for items
purchased not represented on the contract list. To determine the lowest overall cost to the
City, contract priced items and the discount offered for non - contract items are taken into
consideration. Based on the current total annual office supply estimate, staff has determined
Stinson Stationers, Inc. to be the lowest overall supplier for office supplies.
The contract award is for a one year period; renewable annually for four consecutive one -
year periods at the City's option and upon mutually agreeable terms.
The four (4) complete bids received are as follows.
Office Max North America
Naperville, IL
Stinson Stationers, Inc.
Bokersfleld, CA (City)
CONTRACT NON - CONTRACT
ITEM TOTAL CATALOG DISCOUNT
$127,015.00 35% off list price
$130,242.16 50% off list price
Purchasing DhdsionAb
S:IPURCHWDMINWdmin 11 -121AC for Office Supplies, 11- 12-63, March 7, 2012.docx
February 23, 2012, 3:10PM
BID RESPONSIVE
YES /NO
YES
ADMINISTRATIVE REPORT
Office Depot, Inc. $146,899.50 55% off list price YES
Bakersfield, CA (City)
Diltex, Inc. $192,735.06 No Bid NO
Baldwin Park, CA
Staff finds the bid submitted by Stinson Stationers, Incorporated, Bakersfield, to be acceptable
and recommends approval of the contract in the amount of $260,000.
Purchasing DivisioMkb
S:IPURCHIADMIN1Admin 11 -12WC for Office Supplies, 11- 12 -63, March 7, 2012.docx
February 23, 2012, 3:10PM
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: 6. S .
TO: Honorable Mayor and City Council
FROM: Nelson K. Smith, Finance Director
DATE: February 23, 2012
SUBJECT: Purchase of LNG Refuse Roll -Off Trucks
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
1. Accept bid from Golden State Peterbilt in the amount of $790,563.69 for four
(4) replacement LNG Refuse Roll Off Trucks for the Public Works Department,
Solid Waste Division. (Citywide)
2. Reject bids for replacement of four (4) Diesel Refuse Roll Off Trucks.
3. Appropriate $150,000 Rose Foundation Grant to the Public Works
Department's Operating Budget within the Equipment Management Fund to
partially offset the purchase cost of four (4) replacement LNG powered
Refuse Roll Off Trucks.
RECOMMENDATION: Staff recommends approval.
BACKGROUND: In January 2012, bids were solicited for refuse roll off trucks with diesel
powered engines and optional pricing for units with LNG engines. Five bids were received for
diesel powered trucks. None of the bids included pricing for the LNG option. Staff is interested
in converting as much of the refuse fleet as possible from diesel fuel to LNG fuel. In order to
achieve the goal of purchasing some or all LNG refuse trucks, staff re- structured bid
specifications and re -bid the items.
Invitations to bid were sent to over one hundred (100) bidders for the purchase of four (4)
replacement LNG refuse roll off trucks. One bid in the amount of $790,563.69. was received
from Golden State Peterbilt, Bakersfield.
The Fleet Services Division was awarded a grant in the amount of $150,000 from the Rose
Foundation to be used toward the purchase of clean air vehicles. Funds to cover the balance
needed to replace four (4) refuse roll trucks with LNG units are available in the Equipment
Management Fund.
Staff finds the bid in the amount of $790,563.69 from Golden State Peterbilt to be acceptable
and recommends approval of the purchase of LNG refuse roll off trucks, rejection of bids for
diesel powered refuse roll off trucks and appropriation of the Rose Foundation Grant.
Purchasing Division/kb
& PURCHWDMIN1Admin 11 -12 \Refuse Truck Roll off, 11-12-59,11-12-65, March 7, 2012.docx
ADMINISTRATIVE REPORT
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8.+.
TO: Honorable Mayor and City Council
FROM: Greg Williamson, Chief of Police
DATE: February 24, 2012
APPROVED
DEPARTMENT HEAD V
CITY ATTORNEY lf� 5-
CITY MANAGER �.
SUBJECT: Appropriate $10,000.00 State Grant Revenues (FY2011 -12 Minor Decoy and
Shoulder Tap - Mini -Grant Program from the State Office of Alcoholic Beverage
Control) to the General Fund Police Operating Budget, to fund overtime for the BPD
vice division to conduct minor decoy and shoulder tap operations.
RECOMMENDATION: Staff recommends approval of the proposed appropriation.
BACKGROUND:
The Bakersfield Police Department has been awarded a grant from the State of California Office
of Alcoholic Beverage Control (ABC) in the amount of $10,000.00 to conduct minor decoy and
shoulder tap operations.
These programs target both ABC licensed premises and individuals who furnish alcoholic
beverages to the underage operators. The purpose of this project is to reduce underage
drinking and the resultant DUI driving injuries and fatalities, and /or property damages, and to
reduce youth access to alcoholic beverages through enforcement intervention.
The BPD requests approval of the appropriation of $10,000.00 State Grant Revenues (FY201 1 -12
Minor Decoy and Shoulder Tap - Mini -Grant Program from the State Office of Alcoholic
Beverage Control) to the General Fund Police Operating Budget, to fund overtime for the BPD
vice division to conduct minor decoy and shoulder tap operations.
DWB Page 1 of 1
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: S, U.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
DATE: February 23, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY _
CITY MANAGER
SUBJECT: Appropriate and transfer $55,000 Facility Reserve Fund Balance to the Public
Works Department's Capital Improvement budget within the Capital Outlay
Fund (Ward 4).
RECOMMENDATION: Staff recommends approval of appropriation and transfer.
BACKGROUND: Construction of the Bright House Networks Amphitheater was completed in
November 2005 and opened to the community in April 2006. The paint on the Amphitheater
structure has begun to chip and peel where exposed to the elements. The chipped and
peeling areas have exposed the primer. Areas of bare metal have begun to rust degrading
the visual appearance and structural integrity of the building. In addition, the structure has
been touched up over the years; however, the touched up areas do not match the original
paint. This proposed project consists of preparing and repainting the structure to prevent
additional peeling and rusting. In turn, the repainting will enhance the visual appearance and
structural integrity prior to this year's concert season at the Amphitheater.
Staff proposes to fund this project with Facility Reserve Fund balance. The Facility Reserve Fund
are funds set aside for major renovations and repairs to City facilities.
of
February 24, 2012, 10:41AM
G:\GROUPDAT\ADMINRPT\2012\03-07\Brighthouse.docx
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: 8, V.
TO: Honorable Mayor and City Council
FROM: Jim Eggert, Planning Director
DATE: February 22, 2012
SUBJECT: Bicycle Transportation Plan (All Wards):
APPROVED
DEPARTMENT HEAD //Y-'L--
CITY ATTORNEY
CITY MANAGER~
1. Appropriate $120,000 Rose Foundation Grant to the Development Services'
Operating Budget in the Capital Outlay Fund.
RECOMMENDATION:
Staff recommends approval of the appropriation.
BACKGROUND:
In previous meetings with the City Council's Community Services Committee, Bike Bakersfield
representatives asked that the City take action to become eligible for an available funding
source through Caltrans' Bicycle Transportation Account (BTA) to enhance and /or construct new
bicycle facilities.
Caltrans appropriates approximately $7.2 million annually statewide for projects that improve
safety and convenience for bicycle commuters. To be eligible for this funding, a Bicycle
Transportation Plan (BT Plan) must be approved as a component of the grant application
request, which identifies specific projects that could be funded. This plan is not a policy
document like the General Plan, but more closely resembles a facilities project plan and
supplements the General Plan. It was noted that Kern COG is currently working on a countywide
BT Plan, but it does not include the area within the corporate limits of Bakersfield.
The Committee directed staff to pursue available funding sources to prepare the BT Plan. An
application was made for a grant through a clean air fund created by the Sierra Club and
administered by the Rose Foundation for communities and the environment. The city was
successful in obtaining a grant for $120,000, which will pay for the hiring of a consultant to
prepare the BT Plan and city administration. The City's planning efforts will be compatible with the
work being done by Kern COG and in compliance with the General Plan. Staff anticipates the
consultant selection process and preparation of the plan will take approximately one year.
February 22, 2012, 9:54AM
jge / S :IDanaIADMINS120121MARCH13 -7 -12 Rose Foundation Grant doc
BAK
QF�w roq S
ADMINISTRATIVE REPORT
L
MEETING DATE: March 7, 2012 AGENDA SECTION: Consent Calendar
ITEM: , w,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Christi Tenter, Human Resources Manager
February 24, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY yl�
CITY MANAGER
Reclassification: Deputy City Clerk to Administrative Assistant I
RECOMMENDATION:
Staff recommends approval of the reclassification.
BACKGROUND:
The established job specification for a Deputy City Clerk has distinguishing characteristics that
confine the position directly to the City Clerk's office. This is attributed to the technical nature of
the essential duties performed daily by those classified within the role. A recent position review
has identified that a current employee is classified in this position but working alternative duties
that do not fall under the technical nature of the Deputy City Clerk role.
In May of 2008 a Deputy City Clerk was reassigned to the Mayor's Office, which is component
of the City Clerk's Office. This position had been previously reclassified as an Administrative
Assistant I role, by approval of City Council, in 2002 due to the journey -level secretarial duties
performed within the office. At the time of transfer the employee was not appropriately
reclassified despite the position duties remaining equivalent, and since that time, continuing to
further expand.
A recent reclassification evaluation has identified that the regular and customary duties of the
position do not fall within the scope of the Deputy City Clerk role. Daily tasks require review and
exposure to confidential, and often sensitive, material /matters in which one must exercise a
high degree of independent judgment. By definition, these abilities and required skills fall under
the classification of Administrative Assistant I and lack the technical aspects distinguished by
the Deputy City Clerk job specification.
This reclassification was approved by the Miscellaneous Civil Service Commission at their
February 21, 2012 meeting.
ADMINISTRATIVE REPORT
MEETING DATE March 7, 2012 AGENDA SECTION: Closed Session
ITEM: 10.0.
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓6—
DATE: February 8, 2012 CITY ATTORNEY VCV—
CITY MANAGER tea.
SUBJECT: Public Employee Performance Evaluation — City Manager
Closed session pursuant to Government Code section 54957(b) (1) / 54957.6.
VG:Isc
S: \COUNCIL \CI Sess\ Adm1ns \11- 12 \3- 7- 12Eva1- CM.docx
MEETING DATE: March 7, 2012 AGENDA SECTION: Hearings
ITEM: 1 Z
TO: Honorable Mayor and City Council APPROVED
FROM: Jim Eggert, Planning Director DEPARTMENT HEAD
DATE: February 21, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing to consider an appeal by JH Hansen Engineering
representing John Powell, Jr. of the Board of Zoning Adjustment's denial of a
zoning modification (File No. 11 -0436) to permit two buildings totaling
approximately 364 square feet within the required front yard area in an R -1
8.5k zone district (One - Family Dwelling - 8,500 square foot lot minimum)
located at 309 Sonoma Vine Court. (Ward 4)
Resolution denying the appeal upholding the Board of Zoning
Adjustment's denial of the zoning modification.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This item was continued from the Council meeting held February 15, 2012 to provide additional
time for staff to meet with the applicant concerning alternatives to their request. The
applicant's engineer provided staff with drawings of the proposed roof structure, which had
not been previously provided to the BZA (these are attached with the appeal letter). The
pergolas will be open with 4- inch -by -8 -inch cross beams 48 inches on center supported by two
6- inch -by -l0 -inch beams, all erected horizontally with no pitch on top of existing decorative
concrete columns. The beams are proposed to be pressure- treated wood painted to match
the off -white color of the columns.
On December 13, 2011, the Board of Zoning Adjustment (BZA) denied a zoning modification
that would have allowed the two proposed pergolas within the required front yard setback
area. The applicant, JH Hansen Engineering, filed an appeal of the BZA's denial on December
23, 2011, within the 10 -day appeal period.
The zoning ordinance currently requires a 20 -foot front yard setback for the main house and 25
feet for the garage or carport if its opening faces the street. Canopies, patio covers, or other
similar architectural features not providing additional interior floor space may extend up to 3
feet into the required front yard area. The two structures (pergolas) will be entirely within the
ADMINISTRATIVE REPORT
Page 2
front yard setback area. Both would be freestanding approximately 10 feet away from the
house and setback about 3 feet from the front property line. Approximately 364 square feet of
the front yard area is proposed to be covered, the northerly structure would be 112 square
feet (8' x14'), and the southerly structure would be 252 square feet (18' x14').
As specified in the applicant's appeal letter, the reason for the request is to replace existing
one - quarter inch diameter yellow nylon rope that currently connects the existing concrete
columns with solid wood cross beams. These cross beams would be placed on top of the
columns to provide support for bougainvillea vines, which would "... improve the look of the
yard, making it aesthetically pleasing to the neighborhood ".
Although the existing columns are unusual decorative features for the front yard of a single -
family residence, they are not in violation of any applicable zoning or building codes and,
therefore, may remain. However, use of these columns to support a roof structure creates, by
definition, buildings that would be out of scale and character with the existing homes in the
area. Furthermore, the linking of these columns by rope or wire is also not permitted since this
connection is no different than using wood or other solid material since it would function similar
to the proposed cross beams. If the appeal is denied, the applicant will be required to
remove all rope connections between the columns. Letters of opposition to the proposal were
submitted by Robert and Stacy Nichols (305 Sonoma Vine Court), and Cherilyn Stancliffe
(14703 Merlot Cellars Drive).
At the conclusion of public testimony, the BZA could not make the appropriate findings
required by the ordinance to approve the request. They found that the proposal would be
potentially injurious to properties in the vicinity since it is out of scale and character with the
neighborhood. Furthermore, they found that the granting of the proposed modification was
not necessary to permit appropriate improvements on the property since there were no
unique characteristics of the property apart from any other properties in the area.
An identical request by the same homeowner was heard and denied by the BZA on January
13, 2009, but no appeal was filed (File No. 08- 1637). At that time, the BZA received letters in
opposition from four neighborhood homeowners (Robert and Stacy Nichols, 305 Sonoma Vine
Ct; Bud and Carol McNabb, 301 Sonoma Vine Ct; Richard Pittman, 324 Sonoma Vine Ct; and
Anthony and Lisa Galagaza, 320 Sonoma Vine Ct).
Staff recommends that the appeal be denied and that the decision by the BZA be upheld.
S:\ Dana \ADMINS \2012 \MARCH \3 -7 -0436 cont from 2.15 CC mtg.doc
MEETING DATE: March 7, 2012 AGENDA SECTION: Successor Agency
ITEM: .
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 23, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY �)T
CITY MANAGER
Receive and file successor agency payments from February 1, 2012
to February 23, 2012 in the amount of $450,283.44.
RECOMMENDATION:
Staff recommends report be received and filed.
BACKGROUND:
SAKim GWDMrN - WADMIN -SA 03- 07- 12.doc
A
Fy�aue A S
ADMINISTRATIVE REPORT
C ^. P
MEETING DATE: March 7, 2012 AGENDA SECTION: Successor Agency
ITEM: 13 . b.
TO: Honorable Mayor and City Council
FROM: Donna L. Kunz, Economic Development Director
DATE: February 24, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the City of Bakersfield determining that the City of Bakersfield as the
Successor Agency to the Dissolved Bakersfield Redevelopment Agency shall take
full responsibility and control of the Millcreek Qualified Infill Area Grant with the
State of California's Housing and Community Development Department.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
The Bakersfield Redevelopment Agency applied for and received a $10,847,200.00 grant from
the State of California Housing and Community Development Department (HCD) under
Proposition 1 C. This grant is for the construction of five infrastructure projects for the Mill Creek
project. Those infrastructure projects are the South Mill Creek Streets Improvement, Q Street
Streetscape Project, Sister Cities Project (Phase A & B), the 1711, Street New Park Development,
and the 191h Street Parking Garage. A requirement of the grant is the completion of all five
infrastructure projects in order to avoid repayment of the grant funds back to HCD.
On December 29, 2011, the California Supreme Court issued its opinion in the case California
Redevelopment Association, et al. v. Ana Matosantos, etc., et al., Case No. S196861, and upheld
the validity of Assembly Bill 1 x26 (AB1 x26) and invalidated Assembly Bill 1 x27. The Court's decision
resulted in the implementation of ABlx26 which dissolved all the redevelopment agencies in the
State of California effective February 1, 2012.
The City Council on January 11, 2012, adopted Resolution No. 010 -12 pursuant to a provision of
AB1x26, in which the city, became the "Successor Agency" to its dissolved redevelopment
agency and is now charged with the responsibility of winding up the affairs of the Bakersfield
Redevelopment Agency.
HCD is requesting the City of Bakersfield as the Successor Agency adopt this Resolution the
specifically states with the dissolution of the Agency, the City as the Successor Agency shall take
full responsibility and control of the Millcreek Qualified Infill Area Grant and the agreements
entered into between the Agency and HCD.
S:1Hdmins \City Council \City Council Admins 2012 \HCD Successor Agency.Doc
February 24, 2012 8:11 AM
DK
MEETING DATE: March 7, 2012 AGENDA SECTION: Successor Housing Agency
ITEM: 13. G
TO: Honorable Mayor and City Council APPROVED
FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD
DATE: February 24, 2012 CITY ATTORNEY
CITY MANAGER
SUBJECT: A Resolution of the City of Bakersfield determining that the City of Bakersfield as the
Successor Housing Agency to the dissolved Bakersfield Redevelopment Agency
shall take full responsibility and control of the Creekview Villas Down Payment
Program.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
On February 25, 2011 the Redevelopment Agency approved and entered into
Amendment No. 4 to Agreement No. RA09 -012 with Creekview Villas, LLC. This
agreement for up to One Million, Eleven Thousand, Nine Hundred and Forty Six Dollars
($1,011,946.00) will provide down payment assistance to low- and moderate - income
individuals and families purchasing a home at the Creekview Villas. The down payment
assistance shall be used to ensure the affordability of up to 36 newly constructed
condominiums located in South Mill Creek.
The City of Bakersfield applied and received a grant from the State of California Housing
and Community Development Department (HCD) under the Building Equity and Growth
in Neighborhoods Program (BEGIN). The grant in the amount of One Million Four Hundred
Forty Thousand Dollars ($1,440,000.00) was applied for and has been awarded to the City
of Bakersfield. This grant will be used for additional down payment assistance as
necessary to ensure affordability of the units.
On December 29, 2011, the California Supreme Court issued its opinion in the case
California Redevelopment Association, et al. v. Ana Matosantos, etc., et al., Case No.
S196861, and upheld the validity of Assembly Bill 1x26 (AB1 x26) and invalidated Assembly
Bill 1x27. The Court's decision resulted in the implementation of AB 1 x26 which dissolved
all the redevelopment agencies in the State of California as of February 1, 2012.
S:\Admins \City Council \City Council Admins 2012 \BEGIN Sucessor Housing Agency.Doc
February 24, 2012 8:13 AM
DS
ADMINISTRATIVE REPORT Page 2
On January 11, 2012, the City Council adopted Resolution No. 011 -12 pursuant to a
provision of AB1 x26, codified as Health and Safety Code § 34173(d) (1), in which the city,
became the "Successor Housing Agency" to its dissolved redevelopment agency and
therefore must retain the housing assets and functions of the dissolved redevelopment
agency.
HCD is concerned that with the dissolution of the Agency, the matching funds set aside
by the Redevelopment Agency for down payment will not be available for the project
The funds associated with the project are housing funds that are set aside specifically to
provide the downpayment assistance for the project. The Resolution acknowledges the
Creekview Villas project as a housing asset of the Successor Housing Agency and with
the dissolution of the Agency, the City as the Successor Housing Agency shall take full
responsibility and control of the Creekview Villas Down Payment Assistance Program and
all funding previously set aside to ensure the affordability of the project.
S: \Admins \City Council \City Council Admins 2012 \BEGIN Sucessor Housing Agency.doc
2/24/2012 8:13 AM
ds
MEETING DATE: March 7, 2012 AGENDA SECTION: NEW BUSINESS
ITEM: 16-&-
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
February 28, 2012
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY &.—
Ile–
CITY MANAGER
Resolution of the Council of the City of Bakersfield Granting a Three Percent
(3.0%) Bid Preference to Local Vendors within the City Limits (All Wards).
RECOMMENDATION: Budget and Finance Committee recommends adoption of the
Resolution.
BACKGROUND: The City Council has had a one percent (1.0 %) local vendor preference policy
in place since 1994. Councilmember Johnson referred the issue of local vendor preference to
the Budget and Finance Committee in October 2011 to discuss a possible increase to the
percentage.
The Budget and Finance Committee discussed the issue of local vendor preference at their
meetings of January 30, 2012 and February 27, 2012. The committee unanimously voted to
bring forward a new policy resolution for full City Council consideration, proposing to raise the
local vendor preference from one percent (1.0%) to three percent (3.0 %).
The committee believes the increase is warranted in order to support, promote and
encourage local vendors and to spend local tax dollars within our City when purchasing
supplies, materials and equipment.
If adopted, the new three percent (3.0 %) local vendor preference policy will carry the
following guidelines:
The preference will only apply to vendors with a physical store front within the City
limits, who also have a current business license and a Bakersfield area State Board of
Equalization sales tax permit number; and
- The preference will only apply to a local vendor if their original bid amount places
them as the 2nd lowest overall bidder; and
- The 3.0% preference shall only apply to competitive bids for supplies, materials and
equipment that exceed $40,000 and the preference shall not exceed a dollar cap
amount of $9,000; and
- The policy will not be applied if it conflicts with Federal or State funding guidelines.
February 28, 2012, 8:25AM
S:Wdmin\Admin ReportsWdmin - reso local vendor preference policy march 7 2012.doc