HomeMy WebLinkAbout05/25/05_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL
AGENDA
MAY 25, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m.
REGULAR MEETING- 5:15 p.m.
ROLL CALL
PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
(30 min)
Department Budget Presentations:
1. City Attorney
2. Finance Department and Revenue Overview
CLOSED SESSION
a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 regarding the following cases:
1. Robert Pratl/Rachelle Scudder v. City, et al.
John Nelson, et al v. City, et al.
Roxanne Ayala, et al v. K. C. Environmental Health, et al. and, People of the State
of California v. Roxanne L. Ayala, et al.
RECONVENED MEETING - 6:30 p.m.
ROLL CALL
INVOCATION by Dr. Frank D. Ward, Pastor, Columbus Street Baptist Church.
PLEDGE OF ALLEGIANCE by Jennifer Vamer, 4th Grade Student, St. John Lutheran Elementary
School.
8. CLOSED SESSION ACTION
10.
PRESENTATIONS
a. Presentation by Mayor Hall of Commendation Certificates to Carla Pearson and Bakersfield
Police Officer Jason Townsend for being honored by Mothers Against Drunk Drivers.
b. Presentation by Councilmember Couch of Council Proclamation to members of the "Life
Interrupted" Program.
PUBLIC STATEMENTS
11. CONSENTCALENDAR
Minutes:
a. Approval of minutes of the May 11, 2005 Regular Council Meeting.
11.
O/Vard 4)
(Ward 5)
(Ward 3)
(Ward 4)
(Ward 7)
(Ward 6)
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from April 29, 2005 to May 12, 2005 in the amount of
$7,262,054.49 and self insurance payments from April 29, 2005 to May 12, 2005 in the
amount of $293,627.01.
Ordinances:
c. Adoption of Ordinance approving the Notice of Exemption and amending Title 17 of the
Municipal Code deleting a condition of approval which required an equestrian trail located
generally between Allen Road and the Kern River along Goose Lake Slough. (GPNZC 04-
1550) (First Reading 05/11/05)
d. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 122-24 from A-20A (Agriculture-20 acre minimum) to
R-1 (One Family Dwelling) on 30 +_ acres located along the north side of Pensinger Road
approximately 1,980 feet west of Buena Vista Road and approximately 1,980 feet east of
Allen Road. (GPNZC 04-1745) (First Reading 05/11/05)
e. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 104-20 from RH (Residential Holding) to R-1 (One
Family Dwelling) on 70 acres located on the east side of Kern Canyon Road at Vineland
Road (extended). (GPA/ZC 03-340) (Applicant: Pinnacle Engineering, representing CRT
Land Company, Inc.) (First Reading 05/11/05)
f. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-30 from R-S-10A (Residential Suburban 10 acre
minimum) to C-O/PCD (Professional and Administrative Office/Planned Commercial
Development) on 7.5 acres located at the northwest corner of Brimhall Road and Calloway
Drive. (GPA/ZC 04-0847) (Applicant: Porter-Robertson Engineering, representing David
Wilson) (First Reading 03/30/05)
Resolutions:
Two-way Radio Equipment for the Police Department:
1. Resolution determining that two-way radio equipment for the Police Department
cannot be obtained through usual bidding procedures due to the need to integrate
into the existing radio system infrastructure and authorizing the Finance Director to
dispense with bidding therefore, not to exceed $96,000.00.
2. Transfer and appropriate $15,000.00 from the Police Department's Operating
Budget within the General Fund to the Public Works Department's Operating Budget
within the Equipment Management Fund.
Resolution approving development plans for a multiple tenant commercial shopping center
in a C-2/PCD (Commercial/Planned Commercial Development) zone located on the
southeast corner of Panama Lane and Stine Road. (Project No. 04-1716).
Resolution authorizing the application for State grant funds and participation in the Building
Equity and Growth in Neighborhoods (BEGIN) Program including the execution of a
standard agreement or other documents to secure funding from the California Department
of Housing and Community Development (HCD).
2
11.
(Ward 3)
0Nard 4)
0Nard 4)
0Nard 2)
0Nard 4)
0Nard 1 )
CONSENT CALENDAR continued
Assessment District No. 05-1 (City in the Hills):
1. Resolution approving boundary map.
2. Resolution of Intention No. 1384.
3. Resolution accepting petition and determining to undertake special assessment
proceedings.
4. Agreement with Wilson & Associates for assessment engineering services.
5. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services.
6. Agreement with Pillsbury Winthrop Shaw Pittman, LLP, Disclosure Counsel, for
legal services.
7. Agreement with Mountain View Bravo, LLC for deposit and reimbursement.
Resolution of Intention No. 1385 to add territory, Area 1-57 (Allen, Palm NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Amendment No. 12 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit (Aquatics Specialist II).
Agreements:
m. Final Map and Improvement Agreements with Cherry Hill, Inc. for Tract 6153 Units 3 & 4
located south of Reina Road and west of Jewetta.
n. Sub-recipient Agreement with Bakersfield Redevelopment Agency for the commitment of
$1.135 million HOME Investment Partnership Funds earmarked for affordable housing in
the Baker Street Mixed Use Project.
o. Agreement with Southwestern Bell Company to extend long distance telephone services.
p. Outside Legal Services:
1. Amendment No. 1 to Agreement No. 04-381 with Clifford & Brown ($75,000.00, total
contract not to exceed $150,000.00) for legal services in the matters of Robert Pratt
v. City, et al; and, Rachelle Scudder v. City, et al.
2. Amendment No. 1 to Agreement No. CA04-054 with Marderosian, Runyon,
Cercone, Lehman & Armos ($75,000.00, total contract not to exceed $100,000.00)
for legal services in the matter of John Nelson, et al v. City, et al.
3. Amendment No. 1 to Agreement No. CA05-004 with Marderosian, Runyon,
Cercone, Lehman & Armos ($50,000.00, total contract not to exceed $75,000.00) for
legal services in the matters of Roxanne Ayala, et al v. City, et al; and, People v.
Roxanne Ayala, et al.
q. Contract Change Order No. I to Agreement No. 04-339 with S. C. Anderson, ($18,911.84,
for revised amount of $5,664,911.84) for site improvements at the Park at River Walk.
r. Amendment No. 1 to Agreement No. 04-135 with Jim Alfter Cement Contractor to extend
term of agreement six (6) weeks for concrete construction within the City.
Bids:
s.
Accept bid to award contract to Loop Electric ($37,665.00) for installation of a flashing
beacon on 4th Street at McKinley School.
3
11.
(Ward 6)
12.
(Ward 3)
CONSENT CALENDAR continued
t. Accept bid to award contract to Bakersfield Well & Pump Co. ($337,210.00) for drilling and
pump testing one (1) domestic water well, Station CBK-46.
u. Accept bid to award annual contract to Gilliam & Sons, Inc. dba Valco Construction
Company (not to exceed $1,358,000.00) for earthmoving and hauling.
v. Extend bid from Coalinga Motors, Inc. ($32,996.88) for two (2) additional pickup trucks for
the Streets Division.
Miscellaneous:
w. Position Reclassifications:
1. Accounting Clerk Il to Revenue Program Aide, Public Works Administration.
2. Supervisor I to Supervisor II, Recreation and Parks, Recreation Division.
3. Maintenance Craftworker II to Supervisor I, Recreation and Parks, Parks Division.
x. Miscellaneous Appropriations:
1. Transfer $20,000.00 Capital Improvement Budget for Westside Parkway to Public
Works Department Operating Budget for same project within the ISTEA Fund.
2. Appropriate $700,000.00 Equipment Fund Balance to Public Works Department
Operating Budget for increased fuel costs.
3. Appropriate $75,000.00 additional revenue to Public Works Department Operating
Budget for unanticipated expenses within the Development Services Fund.
4. Appropriate $560,000.00 Sewer Enterprise Fund Balance to Public Works
Department Operating Budget for increased operating costs.
5. Transfer $335,000.00 Capital Improvement Budget for various CIP projects to Public
Works Department Operating Budget for street maintenance within the Gas Tax
Fund.
Staff recommends adoption of Consent Calendar items a through x.
CONSENT CALENDAR HEARINGS
a. Protest hearing for proposed Assessment District No. 04-3 (Solera/Rio Vista):
1. Resolution approving Final Engineer's Report, levying assessments, ordering
improvements and authorizing and directing related actions.
2. Resolution approving form and substance of reimbursement and disclosure
agreement and authorizing changes thereto and' execution thereof.
3. Resolution approving form and substance of preliminary official statement and bond
purchase contract.
4. Resolution determining assessments remaining unpaid.
5. Resolution authorizing issuance of bonds.
Staff recommends overriding protests and adopt the resolutions.
4
13.
0Nard 3)
(Ward 3)
14.
15.
16.
HEARINGS
Hearing to consider Resolution of Necessity to determine whether the public interest and
necessity require acquisition by eminent domain of "right-of-way" property located near the
intersection of Highway 178 and Masterson Street (Croad property) for the Masterson
Street alignment project.
Staff recommends adoption of resolution.
Hearing to consider Resolution of Necessity to determine whether the public interest and
necessity require acquisition by eminent domain of "right-of-way" property located near the
intersection of Highway 178 and Masterson Street (Nalbandian property) for the Masterson
Street alignment project.
Staff recommends adoption of resolution.
REPORTS
a. Council Goals and Objectives. (Staff presentation byAlan Tandy, City Manager)
Staff recommends Council determination.
COUNCIL AND MAYOR STATEMENTS
ADJOURNMENT
Respectfully submiEed,
Alan Tandy
City Manager
pi
05/19/05 8:45am
5
AGENDA HIGHLIGHTS
MAY 25, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
WORKSHOPS
Council will hear the proposed FY 05-06 budget presentations by the City Attorney and Finance
Department.
CLOSED SESSION
There will be a conference with legal counsel regarding three items of existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
CONSENT CALENDAR
Resolutions
Item 11g. Resolution AuthorizinQ the Finance Director to Dispense with the Formal Biddinq Process to
Purchase Two-Way Radio Eouiement for the Police Department in ~n amount not to exceed $96.000. The
existing Police fixed two-way radio system uses the Motorola/National Security Administration proprietary
encryption system. The additional equipment can only be obtained from Motorola, Inc. due to the
proprietary nature of the encryption system and the need for compatibility with the current radio system.
Staff negotiated a 17% discount with Motorola for 30 high-quality DVP XL encrypted Police portable radios.
$81,000 was originally budgeted, however, due to a price increase and an encryption revision, an additional
$15,000 is needed to cover the actual cost. Funds are available in the Police Department's operating
budget.
Item 11h. Resolution Approvinq Development Plans for a Multiple Tenant Commercial Shoppinq Center
Located on the Southeast Corner of Panama Lane and Stine Road. The applicant, MS Walker
Associates, is requesting approval of development plans to allow development of a multiple tenant
shopping center consisting of retail, office, and restaurants totaling 52,885 square feet in building area on
the 8.5 acre project site. The site is zoned C-2/PCD (Commercial/Planned Commercial Development
Overlay). A public hearing by the City Council is not required for a PCD unless the Council decides to
disapprove the Planning Commission's recommendation, or add to or change the conditions of the
project. The Planning Commission recommended approval. No comments either in support or
opposition were presented as part of the record.
Aqreements
Items 11n. Sub-Recipient Aqreement with Bakersfield Redevelooment Aaencv for the Commitment of
$1.135 Million HOME investment Partnership Funds Earmarked for Affordable H0usinq in the Baker Street
Mixed Use Proiect. The housing component of the Baker Street Mixed Use Project is planned to include
118 units of rental housing consisting of 76 units of rental housing for Iow- and very Iow-income households,
plus 39 units of Iow-income senior citizen housing. A total of $1.135 million in HOME funds have been
earmarked for the housing component from multiple fiscal years beginning in FY 2002/03.
With this agreement, the City will technically lend the Agency the HOME funds and the Agency will agree to
administer the project, ensuring that the project will be built and that affordable housing will be provided.
The funds must be expended within five years. Uncommitted funds are subject to reclaiming by HUD. The
Redevelopment Agency approved this agreement at their May 9, 2005 meeting.
Agenda Highlights
May 25, 2005
Page 2
Item 11q. Contract Chanqe Order No. 1 to Aqreement No. 04-339 with S. C. Anderson for Site
improvements at The Park at River Walk in the amount of $18,911.84, for revised contract amount of
$5,664,911.84. This change order will increase the Site Improvement project total by as summarized in
the administrative report. This change order also adds 14 calendar days to the contract for the site work,
extending the contract completion date to October 21, 2005. The completion date of the contract to
construct the buildings on the park site is unaffected.
Bids
Item 11t. Award Contract to Bakersfield Well & Pump Co. for Drillinq and Pump Testinq One Domestic
Water Well, in the amount of $337.210. This project is needed due to the immense growth in the
southwest area of the City. One bid was received. Staff recommends award to Bakersfield Well & Pump.
Item 11u. Award Annual Contract to Gilliam & Sons, Inc. dba Valco Construction Comoanv for
Earthmovinq and Haulinq in an amount not to exceed $1.358.000. This contract has been used for over 12
years by various departments. Three complete bids were received. Staff recommends award to Gilliam &
Sons, Inc. dba Valco Construction Company.
Item 11v. Extend Bid from Coalinqa Motors, Inc. for Two Additional Pickup Trucks for the Streets Division
in the amount of $32.996.88. The specifications in the original bid included a provision whereby, with the
written approval of both the bidder and the City, the City may purchase additional units at the same per-unit
cost for a period of time after acceptance of the original bid. Coalinga Motors, Inc. has approved this
extension. Funding for the two additional pickup trucks was included in the budget restorations actions
taken by Council in March.
CONSENT CALENDAR HEARINGS
Item 12a. Protest Hearinq for Proposed Assessment District No. 04-3 (Solera/Rio VistaS. This hearing is
required by law. Following the close of the hearing, adoption of this resolution will approve the Final
Engineer's Report, levy the assessments and order the public improvements. In order to expedite the bond
sale and delivery, the property owners have waived their entitlement to pay any part of the assessments in
cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid
Assessments. The Resolution Approving the Acquisition and Disclosure Agreement references an
agreement between the City and the property owner (Pulte Homes Corporation) for improvements within the
boundaries of the Assessment District No. 04-3.
HEARINGS
Items 13a. and b. Resolutions of NecessiN to AcQuire by Eminent Domain Properties Located Near the
Intersection of Hiqhway 178 and Masters0n Street (Croad and Nalbandian properties) for the Masterson
Street Aliqnment Proiect. These two parcels are to be acquired to secure offsite improvements for thu
Masterson Street alignment. City representatives have been negotiating with the property owners and
continue to do so in the hopes that a mutually acceptable agreement can be roached. The Resolutions
must be adopted by a two-thirds vote of all the members of the Council, not two-thirds of a quorum of the
members present.
REPORTS
Item 14a. City Council Goal Settinq. This is a continuation of discussions that began at the April 27, 2005
Council meeting.
Approved:
Alan Christensen, /~
Assistant City Manager J
Department Heads
Rhonda Smiley, Public Relatior~s
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005 I AGENDA SECTION: WORKSHOP
I
ITEM: ,,~3,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
May 10, 2005
Department Budget Presentations
1. City Attorney
2. Finance Department and Revenue Overview
DEPARTMENT HEAD
CITY A'I-FORNEY
CITY MANAGER
APPROVED
RECOMMENDATION:
BACKGROUND:
The City Attorney, and Finance Department will provide a detailed overview of their FY 2005-2006 proposed
operating budgets. The budget overview will include discussion regarding the goals, accomplishments, and
significant budget changes for the respective departments. The Finance Department will also provide an
overview of revenue projections included in the FY 2005-06 proposed budget.
DWH:jp
5/16/2005 3:12 PM
S:\05-06Budpro\Budget Hearings 052505.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005 AGENDA SECTION: Closed Session
ITEM: ~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 16, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
Conference with Legal Counsel -- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
Robert Pratt/Rachelle Scudder v. City of Bakersfield, et al
Kern County Superior Court, Case No. S-1500-CV-253264, RJA
Kern County Supedor Court, Case No. S-1500-CV-253265, RJA
John Nelson, et al v. City of Bakersfield, et al.
Kern County Superior Court Case No. S-1500-CV-253507 AEW
Roxanne Ayala, et al. v K.C. Environmental Health, et al.
USDC. Eastern District, Case No. CV-F-02-5846 AWl L JO
and
The People of the State of California v. Roxanne L. Ayala, etc,, et al.
Kern County Superior Court, Case No. 242649 NFT
VG:do
S:\COUNCIL\CI Sess~Admins\04-05~2005\05-25-05 Existlit.doc
5/16/2005
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Presentations
ITEM: 01.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Mayor Harvey L. Hall
May 11, 2005
OVED
DEPARTMENT HEAD._~_
CITY ATTORNEY
CITY MANAGER ~
Presentation by Mayor Hall of Commendation Certificates to Carla Pearson and Bakersfield
Police Officer Jason Townsend for being honored by Mothers Against Drunk Drivers.
RECOMMENDATION:
BACKGROUND:
ndw
May 11, 2005, 10:06AM
S:\MAYOR~ADMIN\COMMENDATION RE MADD.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Presentation
~TEM: ~, b.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Vice - Mayor Mike Maggard
May 10, 2005
APPROVED
DEPARTMENT HEAD~ ~ ~
CITY ATTORNEY ~
CITY MANAGER ,/~
Presentation by Councilmember Couch of a Council Proclamation to members of the "Life
Interrupted" Program.
RECOMMENDATION:
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1.0-,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
May 13, 2005
APPROVED
CITY ATTORNEY
CITY MANAGER ~
Approval of minutes of the May 11, 2005 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM: tl.~,
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 25, 2005
APPROVED
CITY MANAGER
Approval of department payments from April 29, 2005 to May 12, 2005 in the amount of
$7,262,054.49 and self insurance payments from April 29, 2005 to May 12, 2005 in the
amount of $293,627.01.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,555,681.50.
BACKGROUND:
klg
May 12, 2005, 10:41AM
S:\KimG\Forms & Lables~ADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
May 10, 2005
APPROVED
DEPARTMENT HEAD~¢¢.~'
ClTY ATrORNEY
ClTY MANAGER
An ordinance approving the Notice of Exemption and amending Title 17 of the Municipal
Code deleting a condition of approval which required an equestrian trail located generally
between Allen Road and the Kern River along the Goose Lake Slough (ZC 04-1550).
(Ward 4)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted first reading of the ordinance on May 11, 2005.
An equestrian trail was first required in this area with approval of the "South of Brimhalr' project
in 1997. The idea was to link a larger County trail system in the Rosedale area with the Kern
River equestrian trail via this property. Final design of the Westside Parkway and Allen Road
Interchange precludes any reasonable access for an equestrian trail and therefore the
applicant requested deletion of the condition requiring the trail.
It is notable that in the several years the county has had an n adopted trail system in place;
they have required no developers to actually build the adopted trail system.
The county trail system still could connect to the regional Kern River trail system in the Wegis
Road area, In addition, there are plans and money available to constructed a specialized
parking lot for equestrian usage at the south end of the city 40 acre soccer/park area at
Stockdale highway. This parking lot was also a condition of approval from the south of
Brimhall project and effectively establishes a staging area so the equestrian users will always
be able to access the historical equestrian trail along the Kern River.
Originally the group Kern Equestrians for the preservation of trail was concerned about the loss
of this segment. After discussions with staff, review of the parkway design and speaking with
the applicant they withdrew their concerns. One member of the public spoke on the subject
but was mostly concerned with the preservation of the staging area at the Kern River. As
Bakersfield becomes more built out and less rural, these staging areas will present the best
long range method to ensure equestrian access to the River.
MG
Admin\5-25-1550
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
IAGENDA SECTION: Consent
ITEM: II,cl.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
April 28, 2005
APPROVED
DEPARTMENT HEAD,~'''~
CITY ATTORNEY ~
ClTY MANAGER ./~
Ordinance adopting the Negative Declaration, amending Title 17 of the Municipal Code and
Zoning Map No. 122-24 to change the zoning district from A-20A (Agriculture-20 acre
minimum) to R-1 (One Family Dwelling) on 30 +/- acres located along the north side of
Pensinger Road approximately 1,980 feet west of Buena Vista Road and approximately
1,980 feet east of Allen Road (extended) (ZC 04-1745). (Ward 5)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council approved the Negative Declaration and made first reading of the ordinance on
May 11, 2004.
The applicant's proposed amendment would allow 140 single family lots on the 60 +/- acre site.
Applicant has agreed to all conditions and mitigation for the project.
The Planning Commission conducted public hearings on this General Plan Amendment/Zone
Change and recommended City Council approval on March 17, 2005.
Staff conducted an initial study and it was determined that with mitigation, the project would not
have a significant effect on the environment. Therefore, a Mitigated Negative Declaration was
prepared and posted on February 24, 2005.
RED
Admin\5-25-1745-2nd
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent
TEM: Ii.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services
April 19, 2005
DEPARTMENT HEAD
CITY ATTORNEY/~/~4~/
CITY MANAGER
Ordinance adopting the Negative Declaration and amending Title17 of Municipal Code and
Zoning Map No. 104-20 from RH (Residential Holding) to R-1 (One Family Dwelling) on 70
acres located at the east side of Kern Canyon Road at Vineland Road (extended) (ZC 03-
340) (Applicant Pinnacle Engineering representing CRT Land Company Inc.) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on May 11,2005.
The purpose of the project is to consolidate several existing general plan designations into one
land use designation in order to build a residential neighborhood. There is extensive mitigation
which addressed noise, soils, hydrology, traffic and biological concerns.
The Sierra Club has expressed concerns similar to those identified for many projects in the
northeast quadrant of Metropolitan area. No other member of the public spoke at the public
hearing. No public agency had concerns which remain unaddressed. Of interest is the fact that a
major drainage course flows across the property (north to south) and will be left open to convey
water during significant storm events.
Kern Canyon Road (State Route 184) is immediately adjacent the site and a block wall is required
to mitigate noise. Vineland Road (an arterial) traverses the site and will provide a single point of
access to Kern Canyon Road.
The Planning Commission reworded several conditions to address issues and approved the
request with an unanimous vote.
MG
Admin\may\5-25-0340-2nd
ADMINISTRATIVE REPORT
IMEETING DATE: May 25, 2005
AGENDA SECTION: Consent
ITEM: ~ [.-~.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services
DEPARTMENT HEAD~''~
May 12, 2005
CITY A'I-i'ORNEY
CITY MANAGER
Ordinance adopting the Negative Declaration and amending Title17 of Municipal Code
and Zoning Map No. 102-30 from R-S-10A (Residential Suburban-10 acres minimum) to
C-O/PCD (Professional and Administrative Office/Planned Commercial Development) on
7.5 acres located at the northwest corner of Brimhall Road and Calloway Drive (ZC 04-
0847) (Applicant: Porter-Robertson Engineering, representing David Wilson). (Ward 4)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on March 30, 2005.
Considerable public input was focused on the relationship between the existing adjacent residential
development and the proposed project. For that reason this project was approved with a Planned
Commercial Development orderly zone in order to address the concerns of adjacent owners.
The C-O/PCD zone district will require public hearings at both the Planning Commission and the
City Council. This process will provide both the general public and the decision makers
considerable flexibility to address development issues prior to any site development.
MG
Admin\may~5-25-0847-2nd
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM: (I,~j.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 06, 2005
APPROVED
DEPARTMENT HEAD ,~//'~/~ ,,~
CITY ATTORNEY
CITY MANAGER
SUBJECT: Police two-way radio equipment:
Resolution determining that Police two-way radio equipment cannot be obtained
through usuat bidding procedures due to the need to integrate into the existing radio
system infrastructure and authorizing the Finance Director to dispense with bidding
therefore, not to exceed $96,000.
Transfer and appropriate $15,000 from the Police Department's Operating Budget
within the Generat Fund to the Public Works Department's Operating Budget within the
Equipment Management Fund.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of transfer and
appropriation.
BACKGROUND: The existing Police fixed two-way radio system uses the Motorola/National Security
Administration proprietary encryption system. The new portable radios must be DVP XL compatible with
existing radios. DVP (Digital Voice Protection) is a Motorola, Inc. encryption system. Using DVP, two-way
radio users are protected from eavesdropping through encryption of their signals. The additional two-way
radio equipment can only be obtained from Motorola, Inc. due to the proprietary nature of the encryption
system and the need for compatibility with the current radio system.
The Public Works Communications Division has negotiated a 17% discount with Motorola for 30 high
quality DVP XL encrypted Police portable radios.
Funds budgeted for the purchase of these radios total $81,000. However, there has been a price increase
in the' product and an encryption revision for multi-key operation that was not included in the budgeted
amount. An additional $15,000 is needed to cover the increase. Funds are available in the Police
Department's operating budget.
G:\GROUPDAT~,DMINRPT~2005\05-25~ADMIN RPT - Police Radios.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
IAGENDA SECTION: Consent
ITEM: {~,h.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
May 10, 2005
APPROVED
DEPARTMENT HEAD ~
ClTY ATTORNEY //~
CITY MANAGER
Development Plan Review - Southeast Corner Panama Lane and Stine Road (Project No.
04-1716)
Resolution approving development plans for a muttiple tenant commercial shopping center
in a C-2/PCD (Commercial/Planned Commercial Development) zone located on the
southeast corner of Panama Lane and Stine Road (Project No. 04-1716). (VVard 7)
RECOMMENDATION:
Adopt the resolution approving the Planned Commercial Development Plan.
BACKGROUND:
On April 21, 2005, the Planning Commission recommended approval of this development plan.
The Commission found the proposal met all minimum development standards and appropriate
mitigation measures imposed by GPNZC 02-0316 by the City Council. No comments either in
support or opposition were presented as part of the record.
The applicant is requesting approval of development plans to allow development of a multiple
tenant shopping center consisting of retail, office, and restaurants totaling 52,885 square feet in
building area on the 8.5 acre project site. The site is zoned C-2/PCD (Commercial/Planned
Commercial Development Overlay). The PCD overlay requires that the development plans be
approved by the Planning Commission at a noticed public hearing, and by the City Council. A
public hearing by the City Council is not required unless the Council decides to disapprove the
Planning Commission's recommendation, or add to or change the conditions of the project
(BMC 17.54.030 C.,D.).
Conditions of approval contained in the attached resolution incorporate the conditions of
approval for GPA/ZC P01-0756 (approved by the City Councii in November 2002), Site plan
Review Conditions and discretionary conditions added at Planning Commission.
JENG
Admin~-25-1716pcd
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM: Il. i.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Donna L. Kunz, Economic Development Director
May 12, 2005
APPROVED
DEPARTMENT HEAD ~/~
CITY ATTORNEY---~~ .~7(~F--2z{m ~
CITY MANAGER ~
A Resolution of the Council of the City of Bakersfield authorizing the application for State
grant funds and par[icipation in the Building Equity and Growth in Neighborhoods (BEGIN)
Program including execution of a Standard Agreement or other documents to secure
funding from the California Depadment of Housing and Community Development (HCD).
(WARD 6)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
The primary intent of BEGIN is to encourage the reduction or removal of regulatory barriers that
significantly increase the cost and viability of housing development. BEGIN provides an opportunity for
cities to implement regulatory relief measures in development of ownership housing for Iow- and moderate
income households, and financially rewards those communities who provide mitigation measures to
developers for building of affordable housing. In exchange for regulatory concessions made at the local
level, the BEGIN program provides up to $30,000 per dwelling unit in downpayment assistance, closing
costs assistance or soft (silent) second financing to benefit Iow- and moderate-income households.
Staff anticipates receiving approximately $1,560,000 in grant funds, with those funds being used to
provide mortgage loan assistance to 52 Iow income first-time homebuyer families interested in purchasing
a home within Tract Map 6170 which is a 260 lot residential development near Ridgeview High School
(between Ryzona Dr. alignment and McKee Rd.). The Matthews Company, which is based out of
Stockton, is preparing a final Tract Map recordation for the 260 unit development. The development
recently received a density bonus provision under Chapter Fifteen of the BMC (Section 15.79), and 20% of
the total lots (52) are required to be constructed for lower income households with continued affordability
for thirty years. The regulatory relief measures approved for Vesting Tentative Tract Map 6170 were
modification of density and zoning standards.
The density bonus lots of Tract Map 6170 will be purchased by Self-Help Enterprises and they have
agreed to be the affordable housing developer for the 52 lots. The affordable housing developer's role will
be to construct quality housing that will be affordably priced to Iow income households. The density bonus
lots will be marketed to first-time homebuyers with household incomes that do not exceed 80% of the
median family area income. The marketing strategy for these 52 units will be designed to give first priority
S:~Admins\City Council~BEGIN Reso grant.doc
5/12/2005 3:37 PM
ADMINISTRATIVE REPORT .age 2
to first-time homebuyers who reside or work within the City. The average square footage for the
affordable housing units will be about 1,300 (three and four bedrooms) and be priced in the $180,000 (+)
range. Self-Help Enterprises has an agreement with the Matthews Company that their home design will
be comparable to the model homes being constructed for the remaining 208 market rate housing units.
According to the Matthews Company, Tract 6170 will be known as the ~Chardonnay" housing development
and will be phased over five phases. The BEGIN funded portion of this Tract will aisc be phased with ten
to eleven lots per phase.
The California Department of Housing and Community Development (HCD) requires the attached
resolution be executed by the City in order to apply for grant funds through the State BEGIN Program.
This attached resolution authorizes city staff to execute and submit the BEGIN application and necessary
agreements and documents required by HCD to receive the grant funds. Copies of the Tract Map 6170
layout, aerial site map, and potential Self-Help Enterprises homeownership model are attached.
S:~Admins\City Council~BEGIN Reso grant, doc
5/12/20053:37 PM
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 11, 2005
APPROVED
DEPARTMENT HEAD ~
CITYATTORNEY~/ ~
CITY MANAGER /
SUBJECT: Assessment District No. 05-1, (City in the Hills). (14ard 3)
1. Resolution Approving Boundary Map
2. Resolution of Intention 1384
3. Resolution Accepting Petition and Determing to Undertake Special Assessment
Proceedings.
4. Agreement with Wilson & Associates for Assessment Engineering.
5. Agreement with Orrick, Herrington & Sucliffe, Bond Counsel, for legal services.
6. Agreement with Pillsbury Winthrop Shaw Pittman, LLP, Disclosure Counsel, for
legal services.
7. Deposit and Reimbursement Agreement :~.t:h ~ounl:ain VJ_e-a Bravo,
RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this
proposed assessment district.
The proposed assessment district is named City in the Hills and is located east of Vineland
Road, south of Paladino Drive, west of Masterson Street and north of Highway 178 and is
planned for new residential development. The applicant Mountain View Bravo, LLC plans to sell
a portion of the property to Merchant Builders who will construct residential units, with
acquisition of the improvements occuring upon completion. The improvements include the
construction of the full width roads of City in the Hills Drive, Panorama Drive, Vineland Road,
Masterson Street and Paladino Drive. Items of construction include detention basin, curbs,
gutters, sidewalks, median curb, street lights, storm drains, traffic signals, block walls, grading,
sewers and paving improvements.
The Deposit and Reimbursement Agreement provides that the required deposit made by the
Developer at the beginning of the assessment proceedings will be reimbursed from bond
proceeds.
Once the Resolutions are adopted, the next step is for the assessment engineer to prepare the
Preliminary Engineer's Report and a formal Boundary Map.
Jas
May 11, 2005, 1:38PM
G:\G ROUP DAT~AD MIN R PT~2005\05-25~AD05-1 roi.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
IAGENDA SECTION: Consent Calendar
ITEM: II, K.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raut M. Rojas, Public Works Director
May 13, 2005
,~PR. OVED
DEPARTMENT HEAD ~//
CITY ATTORNEY
CITY MANAGER
Resolution of Intention No. 1385 to add territory, Area 1-57 (Allen, Palm NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: Tract No. 5279, Units A and B, were processed and recorded while in the
unincorporated area. The owners requested that these areas be included within ~ounty Service Area 71
for maintenance of street landscaping. They signed Proposition 218 ballots agreeing to maximum
assessments of $265 per single family dwelling unit per year and met all requirements for inclusion in
County Service Area 71. This Tract has now been annexed into the City. The City is now responsible for
maintenance of street landscaping in this area. The maximum allowable assessment for City parcels
within this area is $146.70 per single family dwelling (less than the $265 assessment the owners agreed to
in the county).
Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping.
Area 1-57 is an area generally bounded by the westerly extension of Dove Creek Drive on the north, Allen
Road on the east, Palm Avenue on the south and Palm Ranch Street on the west. This area will be under
the streetscape zone of benefit and will be assigned street tier 3.00 based on existing landscaping. The
current City assessment per single family dwelling based on existing landscaping is $90.72.
This area will be assessed consistent with the requirements of Proposition 218 and Resolution No. 019-
05, adopted by the City Council on January 12, 2005. Resolution No. 019-05 allows assessments to be
increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange
County/All Urban Consumers Consumer Price Index.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
Lvd
May 13, 2005, 10 55AM
G:\GROUPDA'f~ADMINRPT~.005\05-25\MD1~57Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005 AGENDA SECTION: Consent Calendar
ITEM:At. I.
TO: Honorable Mayor and City Council ~ APPROVED
FROM: Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
DATE: May 12, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Temporary Salaries
1. Amendment No. 12 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The temporary salary schedule is being updated to add the position of Aquatics Specialist II. This action is
recommended to address the difficulty recruiting and keeping Recreation employees with adequate
experience to work the full summer season of swimming and year round aquatics programs. Adding this
position will allow us to retain experienced personnel.
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM: II. m.
TO:
FROM:
DATE:
SUBJECT:
(1)
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 9, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
Tract Maps and Improvement Agreements
Final Map and Improvement Agreements with Cherry Hill, Inc., for Tract 6153 Units 3 and 4
located south of Reina Road and west of Jewetta Avenue. (VVard 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements,
BACKGROUND:
td
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
May 9, 2005, 11:41AM
G:\GROUPDAT~ADMINRPTt2005\05-25\MAP AND IMPROVEMENT AGR.dol
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM: |~, Fl,
TO:
FROM:
DATE:
Honorable Mayor and. City Council
Donna L. Kunz, Economic Development Director
May 12, 2005
OVED
DEPARTMENTHE~~-?,4~2~
ClTYATTORNEY'~~J5
ClTY MANAGER /~
SUBJECT:
Sub-recipient Agreement between the City of Bakersfield and the Bakersfield
Redevelopment Agency for the Commitment of $1.135 million HOME Investment
Partnership Funds earmarked for affordable housing in the Baker Street Mixed Use Project.
(Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
During the past few years, the City Council has committed various funding sources for the project
including Community Development Block Grant Funds, Tax Increment, Section 108 and HOME
Investment Partnership Funds. Subsequently, the Redevelopment Agency has executed multiple
agreements with the City assuming oversight responsibility for the use of these funds in addition to
agreeing to comply with HUD mandated regulations in relationship to the administration of the project.
The housing component of the Baker Street Mixed Use Project is planned to include one hundred
eighteen units of rental housing consisting of seventy-six (76) units of rental housing for Iow and very Iow-
income households, plus thirty-nine (39) units of Iow income senior citizen housing. A total of $1.135
million in HOME funds have been earmarked in the budget for the housing component of the project from
multiple fiscal years beginning in FY 2002~03.
The attached sub-recipient agreement will serve a similar assignment function whereby the City will
technically lend the Agency the HOME funds and the Agency will agree to administer the project, ensuring
that the project will be built and that affordable housing will be provided as previously described. HUD
regulations require the commitment of these funds through a contractual agreement either to a developer
or a sub-recipient entity over the course of two funding years. The funds must also be expended within
five years. Uncommitted funds are subject to reclaiming by HUD. This sub-recipient agreement fulfills the
commitment requirement called for under the HUD regulations and secures the funds for the planned
project.
Staff has completed negotiations with two developers, Simpson Housing and Urban Innovations for the
development of the housing and commercial components of this project. The Disposition and
Development Agreement is scheduled to be presented for consideration to the Redevelopment Agency in
July, 2005. The Redevelopment Agency approved this agreement at their May 9, 2005 meeting.
S:~Admins\City Council~sub recept agree.doc
5112/2005 10:42 AM
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM: [~.O.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 5, 2005
PPROVED
DEPARTMENT HEAD~
CITY ATTORNEY
CITY MANAGER //~
Agreement with Southwestern Bell Company to extend long distance telephone services.
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: Southwestern Bell Company (SBC) is a permitted long distance services carrier by the
California Public Utilities Commission and approved by the State of California Department of General
Services, Telecommunications Division. The SBC High Volume Calling Plan will save the City of
Bakersfield approximately $6,000 per year.
The City of Bakersfield is currently on the State of California Contract (Calnet) with SBC until December of
2008 for local calling services. Calnet provides the City of Bakersfield with the lowest telecom rates in the
State. The existing SBC long distance agreement expires in June 2005 and this agreement will extend the
discounted pricing for three years putting it in line with the expiration of the Calnet contract. Benefits
include expanded services, single point of contact for all orders, service or billing issues; one monthly bill;
end-to-end service planning and service level agreements, in addition, the contract includes annual
reviews of pricing and service functionality to ensure rates remain cost-effective for another three (3)
years.
MeLvin C'erry@Comm3300
May 11. 2005, 9:45AM
G:\GROUPDAT~,DMINRPT~2005\05-25\SBC LLC Admin 2005_revl_l.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 16, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~/'(~
CITY MANAGER
SUBJECT:
1. Amendment No. 1 to Agreement No. 04-381 with outside counsel, Clifford & Brown for
legal services in the matters of Robert Pratt v. City of Bakersfield, et al, Kern County
Superior Court Case No. S-1500-CV-253264, RJA and Rochelle Scudder v. City of
Bakersfield, et al, Kern County Superior Court Case No. S-1500-CV-253265, RJA, in the
amount of $75,000, with a total contract amount not to exceed $150,000.
2. Amendment No. 1 to Agreement No. CA04-054 with outside counsel, Marderosian,
Runyon, Cercone, Lehman & Armos in the matter of John Nelson, et al v. City of
Bakersfield, et al, Kern County Superior Court Case No. S-1500-CV-253507-AEW, in an
amount of $75,000, with a total contract amount not to exceed $100,000.
3. Amendment No. 1 to Agreement No. CA05-004 with outside counsel, Marderosian,
Runyon, Cercone, Lehman & Armos in the matters of Roxanne Ayala, et al v. City of
Bakersfield, et al, USDC Eastern District Court Case No. CV-F-02-5846 AWl TAG and
People v. Roxanne Ayala, et al, Kern County Superior Court Case No. S-1500-CV-242649-
NFT, in an amount of $50,000, with a total contract amount not to exceed $75,000.
RECOMMENDATION:
Staff recommends approval of the amendments to these Agreements.
BACKGROUND:
Below is a brief description of each of the above lawsuits. In all three matters, the City Attorney's
office is seeking additional funds for outside representation. It should be noted that we are not seeking
additional appropriations of funds. In other words, all of the amounts below were budgeted and approved
in the 04-05 fiscal year. Our ordinance however requires that a department seek approval from the City
Council for all expenditures over $25,000. We are requesting multiple increments of $25,000 to be
approved with each case. It may be that some of the cases will resolve without expending the approved
amounts.
Clifford & Brown is defending the City in the Pratt and Scudder matters. These are being
handled "outside the cap" because they do not represent the standard type of tort litigation.
However, we were able to get the court to consolidate the cases, so they are being handled
May 16, 2005, 9:55^M
ADMINISTRATIVE REPORT
as one case which will reduce costs and legal fees in the long run. A trial date has been set
for October 3, 2005, and additional funds are required for outside counsel to continue these
cases.
This Amendment No. 1 to Agreement No. CA04-040 would add $75,000 to the Not to Exceed
Limitation on compensation to result in a total Not to Exceed amount of $150,000.
2. Marderosian, Runyon, Cemone, Lehman & Armos are defending the City in the Ne/son
matter. Briefly, this matter involves allegations of positional asphyxia resulting in the death of Mr. James
Gary Nelson while in custody of the Bakersfield Police Department. As a wrongful death case, it was
handled "outside the cap" pursuant to the City's agreement with Marderosian's law firm. The retention of
experts in the areas of police practices and procedures and positional asphyxia will be necessary to
properly prepare the matter. Jacob Rives is the associate primarily responsible for defending the City. An
extensive motion for summary judgment has been filed with the court on behalf of the City, with a hearing
date of July 6, 2005. Trial is currently set in this matter for August 8, 2005. Additional funds are required
for outside counsel to aggressively defend this matter.
This Amendment No. 1 to Agreement for Legal Services No. CA04-054 would add $75,000 to the
Not to Exceed Limitation on compensation to result in a total Not to Exceed amount of $100,000.
3. Marderosian, Runyon, et al are also handling the Ayala matters on behalf of the City.
These matters (which involve multiple family members) involve a malicious prosecution claim against the
City arising out of criminal charges in an alleged criminal illegal dumping of hazardous waste case and
conspiracy to commit fraud dismissed by the Kern County District Attorney's Office. A trial date is set for
August 8, 2005, and additional funds are required for outside counsel to continue these cases.
The Amendment No. 1 to Agreement for Legal Services No. CA05-004 would add $50,000 to the
Not to Exceed Limitation on compensation to result in a total Not to Exceed amount of $75,000.
Again, the funds outlined above were anticipated and are within the approved 04-05 City Attorney's
budget.
GG:dll
s:/cou NCIL~Adminsl04~5 A6mins~,t t y Ret ainerAg farads ,Pratt &Schudder .NelsO~.Ayala ,dot
May 16, 2005, 9:58AM
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
TO: Honorable Mayor and City Council APPROVED
~V/
FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~?//~.~ /
DATE: May 10, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Contract Change Order No. 1 to Agreement No. 04-339 with S.C. Anderson Inc. for
$18,911.84 (for a revised contract amount of $5,664,911.84) for the Park at River Walk,
Site Improvement Contract. (Ward 4)
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Construction of the Park at River Walk, Site Improvement Contract was awarded to SC
Anderson, Inc., at the November 17, 2004 Council meeting. The awarded contract amount was
$5,646,000. This is the first contract change order to be submitted for the project. This change order will
increase the Site Improvement project total by $18,911.84 as summarized on the attached contract
change order. This represents an increase of 0.3% of the original Site Improvement contract amount.
This change order also adds fourteen (14) calendar days to the contract for the site work. This time
addition extends the contract completion date for the park site work to October 21, 2005. The completion
date of the contract to construct the buildings on the park site is unaffected by this change order.
The change orders to date on this project reflect a net increase of $18,911.64 as illustrated below:
· Original Contract Amount = $5,646,000.00
· Amended Contract Amt after Change Order = $5,664,911.84
· Net Increase = $ 18,911.84
Sufficient funds are budgeted to cover this contract change order.
Rick_M~Constructi~
5/12/2005 7:49:19 AM
G:~GROUPDAT~AD MIN RP'r~2005\05-25~32 Ac~e Park Site Contract - CCO 1 .doc
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM: I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 13, 2005
APPROVED
DEPARTMENT HEAD J/,,~/
CITY A~'I'ORN YE~/ /xx' ~
CITY MANAGER ~
SUBJECT: Amendment No. I to Agreement No. 04-135 with Jim Alfter Cement Contractor to extend
agreement for six (6) weeks for concrete construction within the City.
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: On May 26, 2004, Council awarded the annual contract for concrete construction to Jim
Alfter Cement Contractor with an expiration date of May 25, 2005. Staff intended to extend the agreement
for twelve (12) months with no increase in compensation as allowed in the agreement. The vendor, Jim
Alfter Cement Contractor cannot extend the agreement for twelve (12) months at the current prices due to
current economic conditions, but has agreed to a six (6) week extension to allow staff time to bid and
execute a new contract. No additional funds are needed.
Purchasing Division
KB
S:'~pu RCH~,ADMIN~C05_0525_C_AC ConcreteConstExt,doc
May 13, 2005, 12:15PM
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM:
TO: Honorable Mayor and City Council APprOVED
FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD .~.~. /f
DATE: May 5, 2005 CITY ATTORNEY
CITY MANAGER
SUBJECT:
Accept bid to award contract to Loop Electric for $37,665.00 for Flashing Beacon
Installation on 4~h Street at McKinley School (Ward 1)
RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract.
BACKGROUND: The project consists of installing a flashing beacon system, pavement markings,
signage, curb and gutter, and handicap ramps along 4t" Street and at the intersection of 4~ and R Streets.
The project is funded entirely with Gas Tax Funds.
On May 5, 2005, two acceptable bids were received as follows:
Loop Electric
7040 Downing Ave
Bakersfield, California 93308 (County)
in the amount of
$37,665.00
A-C Electric Company
315 30th Street
Bakersfield, California 93303 (City)
in the amount of
$47,105.50
RLT - PW/Engineedng
May 5, 2005
11:31AM
ADMINISTRATIVE REPORT
MEETING DATE
May 25, 2005 Consent Calendar
AGENDA SECTION:
ITEM: II. f'.
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
FIorn Core, Water Resources Manager
May 3, 2005
APPROVED
DEPARTMENT HEAD ~¢'~
ClTY ATTORNEY ~
ClTY MANAGER ,~
Accept bid and award contract to Bakersfield Well & Pump Co. in the amount of
$337,210.00 for drilling and pump testing one (1) domestic water well, Station CBK-46.
0Nard No.6)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: The project is to drill and pump test, one domestic water well for the Domestic Water
Division of the Water Resources Department. The City has experienced tremendous growth in the
southwest area of the Ashe Water Domestic Service area and needs to construct and place into operation
this well to meet the increased demand for water.
Although only one bid was received, the amount was within budget, and staff has determined this bid to be
competitive when compared to the engineer's estimate and previously accepted bids for similar projects.
One (1) bid was received as follows:
Bakersfield Well & Pump Co.
7212 Fruitvale Ave.
Bakersfield, CA 93308
in the amount of
$ 337,210.00
May 4, 20051 2:51PM
S:~005 ADMIN REPORTS\May25 WT02.CC.doc
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005 AGENDA SECTION: Consent Calendar
ITEM: {[,~,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 13, 2005
APPROVED
D,PAR E. .EAD
CITY MANAGER_
SUBJECT: Accept bid to award annual contract to Gilliam & Sons, Incorporated d.b.a. Valco
Construction Company, not to exceed $1,358,000.00, for earthmoving and hauling.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: This type contract has been used for over twelve (12) years by various departments
when earthwork requires heavy duty scrapers, loaders, and dump trucks, with and without operators. Bid
packages were offered to thirteen (13) vendors and the project was advertised in the Bakersfield
Californian. Three (3) complete bids were received. The lowest overall bid based on unit prices was
submitted by the current contract holder, Gilliam & Sons, Incorporated d.b.a. Valco Construction
Company. The bid specifications for this contract stated that the City did not intend to split the award
between vendors. The feasibility of splitting the award of this contract has been explored in the past and
has been determined to be unacceptable by staff and by the bidders involved. (Summary attached)
Purchasing Division
KB
S:\P U RCH~A DMIN~C05_0525_C_AC Earthrnoving&hauling.doc
May 13, 2005, 3:13PM
ADMINISTRATIVE REPORT
IMEETING DATE: May 25, 2005
AGENDA SECTION: Consent Calendar
ITEM: II, ~/.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
May 12, 2005
APPROVED
DEPARTMENTHEAD**~'~*~
CITY ATTORNEY ~
CITY MANAGER ~
SUBJECT:
Extend bid from Coalinga Motors, Incorporated $32,996.88, for two (2) additional pickup
trucks for the Streets Division.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: At the Council meeting of December 15, 2004, Coalinga Motors, Incorporated was
awarded the bid for the purchase of pickup trucks. The specifications included a provision whereby, with
the written approval of both the bidder and the City, the City may purchase additional units at the same per
unit cost for a period of time after acceptance of the original bid. Coalinga Motors, Incorporated has
indicated their approval of extending the same per unit cost for this pumhase.
Funding for the two (2) additional pickup trucks was included in the budget restoration actions taken by
City Council on March 9, 2005. The pickups will be used by the Streets Division as part of the restoration
actions.
Purchasing Division
KB
S:'~PU RCH~ADMiN~C05_0525_A_8600gvwpuext.doc
May 12, 2005 Revised
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005 AGENDA SECTION: Consent Calendar
ITEM: I~, W/,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Carroll Hayden, Human Resources Manager
May 12, 2005
DEPARTMENT HEAD
CITY A'I'I'ORNEY
CITY MANAGER
APPROVED
SUBJECT:
Reclassification:
Accounting Clerk II to Revenue Program Aide, Public Works
Administration
Reclassification: Supervisor I to Supervisor II, Recreation and Parks, Recreation Division
Reclassification: Maintenance Craftworker II to Supervisor I, Recreation and Parks,
Parks Division
RECOMMENDATION:
Staff recommends approval of the reclassifications.
BACKGROUND:
Raul Rojas, Public Works Director, has requested a reclassification of an Accounting Clerk II, Public
Works Administration to a Revenue Program Aide.
This position is responsible for billing and compiling reimbursements requests for various federal and
state funding sources for eligible capital improvement projects. This involves reading, interpreting
and keeping current on financial procedures mandated by state and federal agencies. The
reimbursement claims involve preparing fairly complicated reports and invoices with a high degree of
accuracy for program reimbursement. Many of the projects span several years.
The Account Clerk works with the Finance Department and the Assistant to the Public Works director
on complex financial issues. The Account Clerk is an integral part of the reconciliation process and
has provided important suggestions to improving the accounting for funds. The depth of knowledge
required of the state and federal regulations and the accounting for these funds is well above the
knowledge and work required for an Account Clerk II. The scope of the work fits well into the job
specification for Revenue Program Aide.
Alan Christensen, Interim Recreation and Parks Director has requested a reclassification of the
Supervisor I positions in the Recreation division to Supervisor II. In addition, he has requested the
reclassification of a Maintenance Craftworker II - Parks to Supervisor I. Both of these requests are
the result of some major reorganizations within the department of Recreation and Parks. The position
ADMINISTRATIVE REPORT
of Assistant Superintendent, Recreation, has been eliminated and the position of Superintendent has
been unfilled for a year with no plans to fill it at this time. In addition, the position of Urban Forrester
has been eliminated.
The Supervisors in Recreation have assumed much broader duties with increased programs and
special events. They have had to assume report preparation, budgeting, contracts and increased
staff supervision. They easily meet the job specification for Supervisor II.
The Craftworker II is providing technical assistance to ten Park employees and one Recreation
employee. He specifies and orders replacement equipment for all repairs. He initiates all of the day
to day planning and job assignments of tasks for the Craftworker section. He currently reports to the
Director of Operations now, although in the past he had a Supervisor position as his manager.
Departmental staff re-assignments have streamlined him reporting to the Director of Operations. He
clearly meets the job specification for Supervisor I, Parks.
All of these reclassification requests were approved by the Miscellaneous Civil Service Commission at
their May 17, 2005 meeting.
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005 AGENDAiTEM: I ~,SECTION:x. Consent Calendar
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
May 11, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPBOVED
Miscellaneous Appropriations:
1. Transfer $20,000 Capital improvement Budget for the Westside Parkway to the Public
Works Department's Operating Budget for the same project within the ISTEA Fund.
2. Appropriate $700,000 Equipment Fund Balance to the Public Works Department's
Operating Budget for increased fuel costs.
3. Appropriate $75,000 additional revenue to the Public Works Department's operating
budget for unanticipated expenses within the Development Services Fund.
4. Appropriate $560,000 Sewer Enterprise Fund Balance to the Public Works
Department's operating budget for increased operating costs.
5. Transfer $335,000 Capital Improvement Budget for various CIP projects to the Public
Works Department's Operating Budget for street maintenance within the Gas Tax Fund.
RECOMMENDATION: Staff recommends approval of transfers and appropriations.
BACKGROUND: This Administrative Report appropriates funds for several operating budget line
items. Following is a justification for each item.
Subject 1 - The $20,000 is required to fund internal rental costs on the global positioning system that is
used for surveying for the Westside Parkway. The budget for this item was erroneously excluded from the
FY 04/05 budget. Staff recommends transferring federal and state funds budgeted for the Westside
Parkway in the CIP budget to the operating budget for this item. There is no General Fund impact
associated with this appropriation.
Subject 2 - Additional funds are needed to cover increased fuel costs for the city's fleet equipment. There
is no General Fund impact associated with this appropriation.
Subject 3 - Additional funds are needed to cover increased costs in several operating line items within the
Public Works Department's operating budget in the Development Services Fund. Actual costs are
anticipated to come in higher than the current budget predominantly because of increased activity within
the development community. There is no General Fund impact associated with this appropriation.
Subject 4 - This appropriation involves various operating line item accounts. Due to an increase in citizen
complaints regarding odors from the sewer lift stations, the amount of chemicals used to control odors was
May 16, 2005, 3:47PM
G:~G ROU p DA'I~AD MI N RPT~2005\05-25\Misc Appr3priations.dot
ADMINISTRATIVE REPORT
increased. This has caused an increase in the chemical account. In addition, there are unforeseen
increases in both Plant 2's and Plant 3's operating costs. Examples of increased costs include: electrical
costs are coming in higher than originally estimated; more sludge hauling has been done this year by
outside firms than originally anticipated, and the equipment parts account will come in higher than
budgeted because of increased repair needs for aging Plant equipment. There is no General Fund impact
associated with this appropriation.
Subject 5 - The Streets Division requires additional street materials funds to continue the resurfacing
program throughout the remainder of this fiscal year. Staff recommends funding this increase through
savings and unexpended funding on various CIP projects.
gl
May 16, 2005, 3:47PM
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ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Hearings
TEM: J~. 0,..
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
May 18, 2005
APPROVED
DEPARTMENT HEAD 0[0 '~ ~
CITY ATTORNEY 0'~,~
CITY MANAGER ~
Protest Hearing for proposed Assessment District No. 04-3, (Solera/Rio Vista):
1. Resolution Approving Final Engineer's Report, Levying Assessments, Ordering Improvements and
Authorizing and Directing Related Actions.
2. Resolution Approving Form and Substance of Reimbursement and Disclosure Agreement and
Authorizing Changes Thereto and Execution Thereof.
3. Resolution Approving Form and Substance of Preliminary Official Statement and Bond
Purchase Contract.
4. Resolution Determining Assessments Remaining Unpaid.
5. Resolution Authorizing Issuance of Bonds. (Ward 3)
RECOMMENDATION: Staff recommends overriding protests and adopting the Resolutions.
BACKGROUND: On April 27, 2005 Council approved the Preliminary Engineer's Report and
scheduled the hearing as required by law for May 25, 2005.
Following the close of the hearing, adoption of this resolution will approve the Final Engineer's Report,
levy the assessments and order the public improvements.
Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of
assessment and cash payment opportunity will be mailed to the property owner (Pulte Homes
Corporation) of any property on which an assessment was levied and recorded. In order to expedite the
bond sale and delivery, the property owner have waived their entitlement to pay any part of the
assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and
Unpaid Assessments which allows the pre-marketing and pricing of the bond sale by Stone &
Youngberg LLC.
The Resolution Approving the Acquisition and Disclosure Agreement references an agreement between
the City and the property owner (Pulte Homes Corporation) for improvements within the boundaries of the
Assessment District No. 04-3.
The next step will be the Resolution Approving the Form and Substance of Preliminary Official Statement
and Bond Purchase Contract at the May 25, 2005 Council meeting.
The Final Engineer's Report is on file in the City Clerk's Office.
May 18, 2005, 11:37AM
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jas
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005 AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 17, 2005
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY ~
CITY MANAGER '/~
Public hearing on Resolution of Necessity to determine whether the public interest and
necessity require acquisition by eminent domain of "right-of-way" property located near the
intersection of Highway 178 and Masterson Street, Bakersfield, California (Croad property),
for the Masterson Street alignment project (Code Civ. Proc. § 1245.230) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Code of Civil Procedure section 1245.220 requires that the City Council adopt "a Resolution of
Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that
the resolution contain certain information and findings justifying the taking.
Each of these requirements has been met and is set forth in the Resolution.
Prior to adopting the Resolution, Code of Civil Procedure section 1245.235 requires that the City
Council give each person whose property is to be acquired by eminent domain a reasonable
opportunity to appear and be heard on the following:
1. Whether the public interest and necessity require the project;
Whether the project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury; and
3. Whether the property sought to be acquired is necessary for the project.
Required notice was provided to the properly owner(s) as set forth in the Resolution.
May 17, 2005, 4:13PM
ADMINISTRATIVE REPORT
This vacant property is one of two parcels to be acquired to secure offsite improvements (right-of-way)
for the Masterson Street alignment (a condition of General Plan AmendmentJZone Change P99-0647).
The City of Bakersfield is authorized to acquire the property by eminent domain pursuant to Section
1240,010 of the Code of Civil Procedure.
City representatives have been negotiating with the property owner(s) and will continue to negotiate
with the property owner(s) in hopes that we can reach a mutually acceptable agreement.
In order for the property owner(s) to appear before the Council, they must have filed a written request
to appear and be heard within fifteen (15) days after the notice was mailed or served. (Code Civ. Proc.
§1245.235(a)(b)(3).) Failure to file a written request results in the waiver of the right to appear and be
heard.
The City Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the
Council (not two-thirds of a quorum of the members present). (Code Civ. Proc. §1245.240.) If the City
Council adopts the Resolution of Necessity, an action will be filed with the Kern County Superior Court,
The City will deposit the amount of the last offer with the court thereby establishing a date of value.
VG~AMS:Isc
May 17, 2005, 4:13PM
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005
AGENDA SECTION: Hearings
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 17, 2005
APPROVED
DEPARTMENTHEAD ~/,~
CITY ATTORNEY~'/j
CITY MANAGER ~
Public hearing on Resolution of Necessity to determine whether the public interest and
necessity require acquisition by eminent domain of "fight-of-way" property located near the
intersection of Highway 178 and Masterson Street, Bakersfield, California (Nalbandian
property), for the Masterson Street alignment project (Code Civ. Proc. § 1245.230) (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Code of Civil Procedure section 1245.220 requires that the City Council adopt "a Resolution of
Necessity" authorizing the initiation of an eminent domain action. Section 1245.230 also requires that
the resolution contain certain information and findings justifying the taking.
Each of these requirements has been met and is set forth in the Resolution.
Prior to adopting the Resolution, Code of Civil Procedure section 1245.235 requires that the City
Council give each person whose property is to be acquired by eminent domain a reasonable
opportunity to appear and be heard on the following:
1. Whether the public interest and necessity require the project;
Whether the project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury; and
3. Whether the property sought to be acquired is necessary for the project.
Required notice was provided to the properly owner(s) as set forth in the Resolution.
May 17, 2005, 4:12PM
ADMINISTRATIVE REPORT
This vacant property is one of two parcels to be acquired to secure offsite improvements (right-of-way)
for the Masterson Street alignment (a condition of General Plan AmendmentJZone Change P99-0647).
The City of Bakersfield is authorized to acquire the property by eminent domain pursuant to Section
1240.010 of the Code of Civil Procedure.
City representatives have been negotiating with the property owner(s) and will continue to negotiate
with the property owner(s) in hopes that we can reach a mutually acceptable agreement.
In order for the property owner(s) to appear before the Council, they must have filed a written request
to appear and be heard within fifteen (15) days after the notice was mailed or served. (Code Civ. Proc.
§1245.235(a)(b)(3).) Failure to file a written request results in the waiver of the right to appear and be
heard.
The City Council must adopt the Resolution of Necessity by vote of two-thirds of all the members of the
Council (not two-thirds of a quorum of the members present). (Code Civ. Proc. §1245.240.) If the City
Council adopts the Resolution of Necessity, an action will be filed with the Kern County Superior Court.
The City will deposit the amount of the last offer with the court thereby establishing a date of value.
VG~AMS:Isc
May 17, 2005, 4:12PM
ADMINISTRATIVE REPORT
MEETING DATE: May 25, 2005 AGENDA SECTION: REPORTS
ITEM:
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
May 16, 2005
City Council Goal Setting
APPROVED
DEPARTMENT HEAD ~
A OR.E
ClTY MANAGER ~
RECOMMENDATION:
Council determination.
BACKGROUND:
This item includes a continuation from the April 27, 2005 meeting of the update of City Council Goals
which were adopted by the City Council on September 24, 2003. The Council may choose to update
these goals or make additional modifications as desired. A report showing changes to the current goals is
provided for your information.
The City Manager and Department Heads recently reviewed the goals and their changes to the goals are
also included in the report. Council comments from the April 27, 2005 Council meeting have also been
included. Additions or new items are shaded. Items to be deleted are shown with a strike-out line through
them. Items added from the last meeting are underlined and shaded.
The goals continue to incorporate many items identified in the Greater Bakersfield Vision 2020 report and
provide policy guidance to staff for budgetary and program implementation.
May 16. 2005, 4:59PM
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JWS:al
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 11, 2005
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 Maggard
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:25 p.m.),
Scrivner
Absent: None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOP
a. Presentation of the Proposed FY 2005-06 Budget.
City Manager Tandy gave a presentation and
overview of the proposed FY 2005-06 Budget.
Assistant City Manager Stinson and Assistant to the
City Manager Haynes made General Fund Budget
and Capital Improvement Budget presentations.
CLOSED SESSION
Conference with Legal Counsel - Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
case).
Motion by Vice. Mayor Maggard to adjourn to Closed
Session at 5:56 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:35 p.m.
ACTION TAKEN
APPROVED
APPROVED
Bakersfield, California, May 11,2005 - Page 2
RECONVENED MEETING - 6:40 p.m.
ACTION TAKEN
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent: None.
6. INVOCATION by Pastor Randy Elliot"t, Central Church.
PLEDGE OF ALLEGIANCE by Rocky Morea, 8th Grade
Student at Tevis Junior High School.
CLOSED SESSION ACTION
Conference with Legal Counsel - Potential Initiation
of Litigation; Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
case).
NO REPORTABLE
ACTION
Mayor Hall recognized Ridgeview High School
students in attendance at the meeting.
9. PRESENTATIONS
Presentation by Mayor Hall of Proclamation to Fred
Drew, Executive Director, Community Action
Partnership of Kern, proclaiming May, 2005, as
Community Action Partnership of Kern Month.
Mr. Drew accepted the Proclamation and made
comments.
Presentation by Mayor Hall of Proclamation to Raul
Rojas, City Public Works Director, proclaiming May
15 through 21, 2005, as "National Public Works
Week".
Public Works Director Rojas accepted the
Proclamation and made comments.
Presentation by Mayor Hall of Proclamation to Nona
Tolentino, Director, Kern County Long Term Care
Ombudsman Program, proclaiming May 11, 2005,
as "Older Americans Day".
Ms. Tolentino accepted the Proclamation made
comments and submitted materials.
10.
11.
Bakersfield, California, May 11, 2005 - Page 3
PUBLIC STATEMENTS
ACTION TAKEN
Louis Cox, Operations Manager for Hall Ambulance
Service, spoke regarding EMS Week.
Mike Popovich, Michael Jordan and Betty
Coppersmith spoke regarding the Leadership
Bakersfield Project.
James Van Meter spoke regarding wheelchair
accessibility issues in the City.
Vice-Mayor Macgard requested staff investigate Mr.
Van Meter's allegations, provide direction to
appropriate agencies, and report back to Council.
Vernon Lawson spoke regarding the parking
Ordinance.
Gordon Nipp, Chairperson Kern County Air Pollution
Mitigation Committee, introduced Tim Little,
Executive Director of the Rose Foundation for
Communities and the Environment and Trustee of
the Kern County Air Pollution Mitigation Fund, spoke
regarding the Fund and provided handouts.
Assistant City Clerk Gafford announced there are
33 requests to speak in favor of the changes to the
current Hillside Development Ordinance and 5 in
opposition.
Tom Fallgatter, Douglas Boyd, Jay Rosenlieb,
Roger Mclntosh, Dave Dmohowski and Cassie
Daniel spoke in opposition of proposed changes to
the current Hillside Development Ordinance.
Robert Laramee, Robert Wallace, Earl Norcross,
Jim McWhorter, Rocky Harris, John Rous, Tim
Strem, Arthur Unger, Joanne Silva Newberry and
Paul Newberry spoke in support of proposed
changes to the current Hillside Development
Ordinance.
APPOINTMENTS
One (1) appointment to the Historic Preservation
Commission, due to the expiration of term of Ann
Sullivan, term expired March 30, 2005.
Motion by Councilmember Carson to reappoint Ann
APPROVED
Sullivan to a four year term.
12.
Bakersfield, California, May 11, 2005 - Page 4
CONSENT CALENDAR continued
ACTION TAKEN
Minutes:
Approval of minutes of the April 27, 2005 Regular
Council Meeting.
Payments:
Approval of department payments from April 15,
2005 to April 28, 2005 in the amount of
$7,442,228.93 and self insurance payments from
April 15, 2005 to April 28, 2005 in the amount of
$113,247.00.
Ordinances:
Adoption of Ordinance upholding the decision of the
Planning Commission, denying the appeal by the
Sierra Club, adopting the Negative Declaration and
amending Title 17 of the Municipal Code (Zone Map
No. 104-08) by changing the zoning from A
(Agriculture) and R-S 2.5A (Rural Suburban - 2.5
acre) to R-1 (One Family Dwelling) on 120+ acres
generally located north of Paladino Drive, east of
Valley Lane. (ZC04-1712)
ORD 4255
Resolutions:
Resolution preliminarily approving Engineer's
Report, setting date for public hearing of protests for
Assessment District No. 04-2 (Brighton
Parks/Brighton Village/Stockdale at
Allen Commercial/Cherry Hill II).
RES 096-05
Sewer Connection Fee Assessments:
Resolution confirming assessments for
sewer connection fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
Agreement with Victor G, and Marcia K.
Swedblom, 4924 Centaur Street, to pay
sewer connection fee in installments and
notice of special assessment lien.
RES 097-05
AGR 05-165
Resolution authorizing the execution of a standard
agreement or other documents to secure a Fair
Housing Education and Outreach Initiative grant
from the U. S. Department of Housing and Urban
Development.
RES 098-05
12,
Bakersfield, California, May 11, 2005 - Page 5
CONSENT CALENDAR continued
ACTION TAKEN
Resolution for Annexation application proposing
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 493,
consisting of approximately 2.5 square miles located
west of Allen Road, south of the Kern River and
north of the Southern Pacific Railroad tracks
(known as West Ming Development Area).
Resolution adopting the 2004-2025 Regional
Transportation Facilities List and Fee Schedule.
RES 099-05
REMOVED FOR
SEPARATE
CONSIDERATION
Agreements:
i. Tract Maps and Improvement Agreements:
Final Map and Improvement Agreements
with ADH Corporation for Tract 6232
Phase 2 located south of State Route 58 and
east of Oswell Street.
AGR 05-166
AGR 05-167
Final Map and Improvement Agreements
with J & L Gardiner, LLC, and Bradford &
Sons Construction, Inc for Tract 6234
Phases 2 and 5 located south of Reina Road
and west of Old Farm Road.
Final Map and Improvement Agreements
with Bakersfield Chardonnay, L.P. for Tract
6170 Phase 1 located south of Ryzona Drive
and west of Stine Road.
AGR 05-168
AGR 05-169
AGR 05-170
AGR 05-171
AGR 05-172
Final Map and Improvement Agreements
with Panama 144 1, LLC, and Village
Contractors, Inc for Tract 6006 Phase 4
located north of McKee Road and east of
Hughes Lane.
AGR 05-173
AGR 05-174
Consent to Common Use Agreement with Pacific
Bell Telephone Company for an easement within
Oswell Street.
AGR 05-175
Agreement with County of Kern allowing the County
to raise City sewer manhole frame and covers to
street grade as part of their road construction project
on Oswell Street and Mt. Vernon Avenue.
AGR05-176
Transportation Impact Fee Agreement with
Stonecreek Partners, Inc. (Estimated Impact
Fee Credit - $70,308.00) for Tract 6227 located on
Stine Road near the intersection of McKee Road.
AGR 05-177
12.
Bakersfield, California, May 11, 2005 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
Reimbursement Agreement with C & C Properties,
Inc., ($95,790.00) for reconstruction of a portion of
Coffee Road north of Meany Avenue.
Agreement with Castle & Cooke California, Inc.
($4,050,000.00) to pumhase real property located
east of Allen Road for the Westside Parkway.
AGRO~f78
AGR 05-179
DEED 6223
Exchange of real property with Rosedale Rio Bravo
Water Storage District for the Westside Parkway
located east and west of Allen Road, north of
Stockdale Highway.
AGR 05-181
DEED 6222
DEED 6222(A)
DEED 6222(B)
Amendment No. 1 to Agreement No. 02-218 with
Century Building Associates, LLC for lease space at
1600 Truxtun Avenue.
AGR 02.218(I)
Amendment No. 1 to Agreement No. PW04-124 with
Boyle Engineering Corporation ($60,000.00, for a
total amount of $80,000.00) for preparation of
documentation for formation of interim maintenance
districts.
AGR05-?80
Amendment No. 7 to Agreement No. 92-154 with
Alan Tandy, City Manager.
AGR 92-'154(7)
Bids:
Accept base bid ($1,224,302.80), additive alternate
#1 ($198,434.20) and additive alternate #2
($200,125.90) to award contract to Granite
Construction ($1,622,862.90) for resurfacing
of various streets 2004/05.
AGR 05-182
Accept bid to award contract to Granite Construction
($230,537.00) for Panorama Drive street
improvements.
AGRO~I~
Accept base bid ($81,948.35) and additive alternate
bid ($20,391.00) to award contract to Valley Tree &
Construction ($102,339.35) for demolition of
Saunders and Beale Pools.
AGRO~f84
Accept bid to award annual contract to Alon Asphalt
Bakersfield (not to exceed $450,000.00) to furnish
asphalt rejuvenator sealant for various City streets.
AGRO~I~
12.
Bakersfield, California, May 11, 2005 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
Transfer and appropriate $150,000.00 General
Fund non-departmental operating budget savings to
the Equipment Management Fund to purchase
graffiti truck.
x. Review of Hillside Development Ordinance.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items lf.a, through ff.w., with the removal of
items 11.h, and 11.x. for separate consideration.
APPROVED
Resolution adopting the 2004-2025 Regional
Transportation Facilities List and Fee Schedule.
RESlO~05
Councilmember Couch requestedsMffupda~ ~elist
and apprise Council ofchanges.
Motion by Councilmember Couch to adopt the
Resolution.
APPROVED
x. Review of Hillside Development Ordinance.
Motion by Councilmember Benham to approve the
recommendation; once the Planning Commission
conducts hearings on the matter, to proceed
through the Planning and Development Committee; and
then back to Council for determination.
APPROVED
Vice-Mayor Maggard asked for the record if City
Manager Tandy supported the motion to forward the
issue to the Planning Commission, then on to the
Planning and Development Committee and additionally
to publish the notice immediately. City Manager Tandy
affirmed that he agreed with the motion. Vice-Mayor
Maggard asked Development Services Director Grady
and City Attorney to state their opinions on the matter.
Mr. Grady and Ms. Gennaro concurred the motion a
good idea.
12.
Bakersfield, California, May 11, 2005 - Page 8
CONSENT CALENDAR continued
Vice-Mayor Maggard asked Planning Director Jim
Movius if the County has an Ordinance regarding the
development of hillsides. Mr. Movius responded:
· The County does have such an Ordinance
applying to areas of 30% or greater slopes,
similar to the City proposed Ordinance.
· It is not a Health and Safety Ordinance such as
the City currently has on the books.
· The County Ordinance has protection for
steeper slopes.
· The County cut-off is 60% slopes.
The County does not address the set-back
issue.
· The County has criteria prohibiting cuts sixteen
feet high.
· The City draft does not have the sixteen foot cut
provision.
· The County Ordinance is stricter than the City's
proposed Ordinance in that area.
Vice-Mayor Maggard noted this element would not
drive prospective development into the County. Mr.
Movius responded the County Ordinance is more
restrictive in some areas and less restrictive than
the proposed City Ordinance in other areas. Vice-
Mayor Maggard noted General Holdings has
reducing the number of homes to be developed by
20%. Vice. Mayor Maggard asked Mr. Movius to
outline how developers from the Santa
Clarita/Valencia area might view the proposed
restrictions.
· Mr. Movius responded the City's consultant had
looked at this from the perspective of Santa
Clarita and Los Angeles County.
· In that area slope density analysis utilizes
computer software that will average the slope of
an entire site and comes up with a figure for the
density of the project based on zoning.
· The conclusion based on zoning for Santa
Clarita or Los Angeles environment hillsides the
yield off the property would be a little less than
500 units.
ACTION TAKEN
12.
Bakersfield, California, May 11, 2005 - Page 9
CONSENT CALENDAR continued
Vice-Mayor Maggard noted this number is
significantly less than half of what was initially
proposed and that it is likely seventy-five to eighty
percent of what was originally proposed would be
granted. This excludes additional lots lf a density
bonus is allowed, possibly in the interior of the
development. Vice-Mayor Maggard asked Mr.
Movius to affirm this is correct. Mr. Movius affirmed
the statement is correct.
Vice-Mayor Maggard stated he wished to make it
clear the economic viability of the project, or any
other project in the northeast, is not being removed.
However, it is the intent of the City to protect the
natural beauty of the area. He state if a developer
chooses to leave an area undeveloped they would
be compensated and asked Mr. Movius to explain.
Mr. Movius responded:
· Consideration could be made for space/eft open
by granting higher density on the interior of the
project, a density transfer.
· The object would be to protect the edge of the
projects from the public view sheds and provide
a nice community around the edge.
Vice-Mayor Maggard asked about trading setbacks
and ravines for a credit against a park fee. Mr.
Movius responded developers get a credit for any
parks and trails provided. If it is merely unusable
open land, there is no credit forthcoming.
Vice-Maggard reiterated he supports private
property rights.
ACTION TAKEN
Recess taken from 8:57 p.m. to 9:07 p.m.
13.
Bakersfield, California, May 11, 2005- Page 10
CONSENT CALENDARHEARINGS
ACTION TAKEN
General Plan Amendment/Zone Change No. 04-
1550; Mclntosh and Associates, on behalf of Castle
and Cooke California, has proposed a general plan
amendment and zone change to delete a previous
condition of approval that required an equestrian
trail between Allen Road and the Kern River along
Goose Lake Slough.
Resolution approving the Notice of
Exemption and adopting the general plan
amendment deleting the condition of
approval requiring and equestrian trail.
RES 101-05
First Reading of Ordinance approving the
Notice of Exemption and amending Title
17 of the Municipal Code deleting a condition
of approval which required an equestrian
trail.
FR
General Plan Amendment 04-1738; Signal Hill
Petroleum, Inc. has applied for a general plan
amendment on 29.5 acres located along the south
side of Paladino Drive approximately l/. mile west of
Morning Drive.
Resolution approving the Negative
Declaration and adopting the general plan
amendment to change the land use
designation from HMR (High Medium
Density Residential) to LMR (Low Medium
Density Residential).
RES 102-05
General Plan Amendment/Zone Change No. 04-
1745; Cornerstone Engineering, on behalf of Myrna
Parks, has proposed a general plan amendment
and zone change on 30 acres located along the
north side of Pensinger Road approximately 1,980
feet west of Buena Vista Road and approximately
1,980 feet east of Allen Road (extended).
Resolution approving the Negative
Declaration and adopting the general plan
amendment to change the land use
designations from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential).
RES 103-05
13.
14.
Bakersfield, California, May 11, 2005 - Page 11
CONSENT CALENDAR HEARINGS continued
Item 13.c. continued
ACTION TAKEN
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 122-24 from A-20A (Agriculture-20
acre minimum) to LR (Low Density
Residential).
FR
General Plan Amendment 04-1747; Jerry
Hendrecks Engineer, representing Aera Energy
LLC, property owner, has applied for a general plan
amendment on 15 acres, located south of Paladino
Drive, generally east of Morning Drive.
Resolution approving the Negative
Declaration and adopting the general plan
amendment to change the land use
designation from GC (General Commercial)
to LR (Low Density Residential).
RES 104-05
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearings 13.a. through f3. d.
APPROVED
HEARINGS
Continued Public Hearing to consider resolution
denying the appeal by the Sierra Club of the
Planning Commission's decision approving Vesting
Tentative Tract 6363 and the Negative Declaration,
located on the north side of Harris Road,
approximately ¼ mile east of Old River Road.
(Engineer: SmithTech USA Inc/Subdivider: Lennar
Homes)
Correspondence was received from SmithTech,
USA, on behalf of Lennar Homes, requesting this
item be continued to the June 8, 2005 meeting.
Staff comments by Development Services Director
Grady.
Motion by Councilmember Hanson to continue the APPROVED
hearing to June 8, 2005.
14.
15,
Bakersfield, California, May 11, 2005 - Page 12
HEARINGS continued
ACTION TAKEN
General Plan Amendment/Zone Change No. 03-
340; Dr. Gordon Nipp, on behalf of the Sierra Club,
has appealed the Planning Commission's decision
to adopt the Negative Declaration for proposed
general plan amendment and zone change on 70
acres located on the east side of Kern Canyon
Road at Vineland Drive (extended). (Applicant:
Pinnacle Engineering, on behalf of CRT Land
Company, Inc.)
Resolution approving the Negative
Declaration and adopting the general plan
amendment to change the land use element
on 70 acres from OS (Open Space), LMR
(Low Medium Density Residential), GC
(General Commemial) and R-EA
(Resource-Extensive Agriculture) to LR (Low
Density Residential).
RES I05-05
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 104-20 from RH (Residential
Reserve) to R-1 (One Family Dwelling).
FR
Staff comments by Development Services Director
Grady.
Hearing opened at 9:23 p.m.
Gordon Nipp and Harry Love from the Sierra Club
spoke in opposition to the staff recommendation and
provided a letter.
Hearing closed at 9:33 p.m.
Vice-Mayor Maggard requested staff look into
preparing a traffic plan for Highway 184.
Motion by Vice-Mayor Maggard to approve the
Resolution and give first reading to the Ordinance.
APPROVED
COUNCIL AND MAYOR STATEMENTS
Councilmember Benham provided a letter from Mr.
Amos to staff regarding parking problems of a
homeowners association in the Dunsmuir area and
requested staff contact the president of the
homeowners association to assist in resolving the
issue.
15.
Bakersfield, California, May 11, 2005- Page 13
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Benham provided a letter regarding
employment issues at the Bakersfield Ice Sports Center
and requested staff investigate the situation and report
back to her.
Councilmember Benham requested the City Clerk's
staff be sure communication in that office is clear in
order to provide correct information to the public.
Councilmember Carson provided information regarding
a community meeting tomorrow evening, May 12, 2005,
at the Martin Luther King, Jr. Center at 7:00 p.m. on the
subject of development in the southeast area of the City.
Speakers will include developers and City EDCD staff.
Councilmember Hanson announced he had received a
thank you letter from Michael Rhine, a local attorney,
complimenting staff and particularly Public Works Director
Rojas.
Councilmember Hanson requested information regarding
reserve accounts to meet unforeseen financial needs.
City Manager Tandy responded.
Councilmember Hanson requested Police provide
additional patrol on Ming Avenue between Valley
Plaza and Old River Road, particularly on Saturday
evenings.
Councilmember Hanson provided an email from
Michael Monji and requested staff respond.
Councilmember Sullivan requested staff investigate a
vacant home with stagnant water in the pool at 3700
Sue Lin Way and assure the problem is resolved.
Councilmember Sullivan requested potholes at
Cheshire south of Ming before Ashe Road be
repaired.
Councilmember Sullivan requested Real Road be
resurfaced in both directions where Freeway 58 ends;
additionally fill potholes in the area until it can be
resurfaced.
Councilmember Sullivan requested four dead bushes at
the sump on Acres Road south of White Lane be
replaced.
15.
Bakersfield, California, May 11, 2005- Page 14
COUNCIL AND MAYOR STATEMENTS continued
ACTIONTAKEN
Councilmember Sullivan noted graffiti abatement
efforts are resulting in less graffiti.
Councilmember Sullivan complimented Mayor Hall's
bumper sticker.
Councilmember Sullivan requested staff investigate
whether additional art is needed on the water tower on
Lake Truxtun.
Councilmember Couch requested a Planning staff
member meet with him for a half hour on Monday.
Councilmember Couch announced a Safe Roads Measures
Workshops will be held May 12, 2005 at Centennial High
School.
Councilmember Scrivner thanked staff for work done on
referrals and particularly on the Hillside Ordinance.
Vice-Mayor Maggard thanked staff and fellow
Councilmembers for work on the Hillside Ordinance.
Vice-Mayor Maggard announced the 2nd Annual Healing
Field Event will be held May 29, 2005, at Liberty Park
between 4:00 and 7:00 p.m.
Vice-Mayor Maggard requested staff confirm whether
or not the power lines along 7~h Standard Road are
not in use; if the lines are not active, investigate
removal and other ways to protect PG&E's right of way.
Vice-Mayor Maggard requested staff investigate
installing a temporary cement barrier at Hwy. 178 and
Fairfax to separate the eastbound traffic from the
westbound traffic.
Vice-Mayor Maggard requested staff contact GET
regarding placement of bus stops in the Bakersfield
College area for the handicapped and requested staff
coordinate the effort to not move stops further away
from the school.
Bakersfield, California, May 11, 2005- Page 15
16.
ADJOURNMENT
Mayor Hall adjourned the meeting at 10:05 p.m.
ATTEST:
MAYOR of the City of Bakersfield, CA
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield