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BAKERSFIELD CITY COUNCIL
AGENDA
JUNE 8, 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.
1. ROLL CAlL
2. PUBUC STATEMENTS (RI"lml"" ~ .._-~-Item(.) only durlntI- poI1Jon 0I__If/IJ
3. WORKSHOPS
4. CLOSED SESSION
a. Closed Session pursuant to GOvernment Code Section 54957.6; Conference with Lebor
Negotiator William Avery.
b. Conference with Legal Counsel - existing Litigation; Closed Session pursuant to
subdivision (a) of Government Code Section 54956.9 regarding the following ceses:
1. Eugene Jackson v. City, et al.
2. Greg Moore v. City, et al.
e. Conference with Legal Counsel- Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (2 ceses).
d. Conference with Legal Counsel- Initiation of Litigation; Closed Session pursuant to
subdivision (e) of Government Code Section 54956.9 (1 case).
RECONVENED MEETING - 6:30 p.m.
5. ROLL CAlL
8. INVOCAnON by Pastor Ken Souers, Crossroeds Christian Fellowship.
7. PLEDGE OF ALLEGIANCE by Dustin Corey, 4"' Grade Student at Noble Elementary School.
8. CLOSED SESSION ACOON
9. PRESENTATIONS
10. PUBLIC STATEMENTS
11. CONSENT CALENDAR
Mln.....:
a. Approval of minutes of the May 25, 2005 Regular Council Meeting.
Payments:
b. Approvel of department payments from May 13, 2005 to May 26, 2005 In the amount of
$10.771.703.37 and self Insurance payments from May 13. 2005 to May 26,2005 in the
amount of $199,130.64.
Ordinances:
11. CONSENT CAlENDAR continued
e.
Resolutions:
Resolution establishing City Counell Policy regarding the extension of vesting rights for
subdivision maps.
125-ton Chiller for Rabobank Theater and Convention Center:
1. Resolution dispensing with bidding procedures due to the necessity of completing
an emergency replacement resulting from the failure of the 175 ton ehiller that
provides cooling to the Rabobank Theater and Convention Center, not to exceed
$145,000.00.
2. Appropriate $145,000.00 Facility Replacement Reserve to the Capital Outlay Fund,
Capital Improvement Budget.
e. Resolution determining that certain video equipment for the City Council Chambers cennot
be reasonably obtained through usual bidding procedures and authorizing the Finance
Director to dispense with bidding therefore, not to exceed $50,000.00.
f. Resolution determining that two-way radio equipment for the Police Department cennot be
reasonably obtained through usual bidding procedures and authorizing the Finance Director
to dispense with bidding therefore, not to exceed $60,000.00.
(Ward 2)
d.
(Ward 4)
(Ward 1.3.4.5) j.
(Ward 2) k.
(Ward 2) I.
(Ward 3) m.
(Ward 1)
(Ward 5)
Resolution adding territory, Area 1-57 (Allen, Palm NW) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector.
h. Resolution of Intention No. 1378 preliminarily adopting, confirming and approving the Publie
Works Director's Report for the Consolidated Maintenance District and the 2005-2006
budget; setting time and place for hearing protests on the amount of street and median
landsceping assessments to be levied throughout the Consolidated Maintenance District.
g.
i. Resolution of Intention No. 1379 preliminarily adopting, confirming and approving the Publie
Works DIrector's Report for the Consolidated Maintenance District and the 2005-2006
budget; setting time and place for hearing protests on the amount of park landsceping
assessments to be lavied throughout the Consolidated Maintenance District.
Resolution of Intention No. 1380 preliminarily adopting, confirming and approving the Publie
Works Director's Report for the Traffic Signal Maintenance Districts and the 2005-2006
budget; setting time and piece for hearing prolesß on the amount of assessments to be
levied throughout the Traffic Signal Maintenance Districts.
Resolution of Intention No. 1382 to order the vacetion of the alley betwaen H and Eye
Streets between 27"' and 28"' Streets.
n.
Resolution of Intention No. 1383 to order the vacation of the street right of way at southwast
comer of Truxtun Avenue and Commercial Way.
Resolution of Intention No. 1386 to establish the revised drainage plan for the Breckinridge
Planned Drainage Area and preliminarily approving the new fee schedule (142% increase
based upon Construction Cost Index).
Resolution of Intention No. 1387 to add territory, Area 5-19 (Case Lorna, Lotus SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1388 to add tarritory, Area 3-33 (Harris, Old River NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
o.
2
--,,-,---_. ._. "--'-'---~-----~
(Ward 4)
11. CONSENT CAlENDAR continued
p.
Stockdale Highway Planned Sewer Area:
1. Resolution of Intention No. 1389 to establish the Stockdale Highway Planned Sewer
Area and pretiminarily approving the boundaries of the area and the cost and fee
schedule.
2. First Reeding of Ordinance amending Section 16.32.060 of the Municipal Code
relating to sewer facilities.
(Ward 4.7)
(Ward 6)
(Ward 4,5,6.7) t.
Agreements:
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Granite Polnte Estates, LLC, for Tract
6095 Phases 6. 7 and 8 located north of Hosking Avenue and east of Wible Road.
2. Improvernent Agreements with Castle & Cooke California. Inc., for Parcel Map
11035 loceted south of Stockdale Highway and east of Buena Vista Road.
3. Improvement Agreement with Meany Partners, LLC. for Parcei Map 11092 located
north of Meany Avenue and west of Coffee Road.
4. Final Map and Improvement Agreements with Palma Homes, Inc. for Tract 5362
Unit 5 loceted south of Hosking Avenue and east of Wible Road.
5. Final Map and Improvement Agreement with Stuart Thomas, Ine., dba Lenox
Hornes for Tract 6210 Phases 1 and 210ceted north of Berkshire Road and west of
Monitor Street.
15 Acre Park Site:
1. Agreement with Old River Lend Company to dedicate 15 acres located
approximately 825 feet south of Berkshire Road on the west side of Mountain Ridge
Drive for a future park.
2. Appropriate $2,000.00 Park Acquisition Fund Belance for escrow fees.
s. Police Service Dogs:
q.
r.
1. Agreement with Master K-9 Ine. ($30,381.00) to purchase and train three Police
Sarviee Dogs for the Police Department.
2. Appropriate $30,381.00 Seized Asset FoIfeiture Revenues to the Police Department
Operating Budget in the General Fund for the purchase and training of three Police
Service Dogs.
Agreement with Wilson & Associates (not to exceed $91,000.00) to provide specialized
continuing disclosure services for various Special Assessment Districts.
u. Extend Contracts for Chemicals - Insecticides/Herbicides for Water Resources and
Recreation & Parks Departments for twelve (12) months:
1. Amendment No.1 to Agreement No. 04-146 with Abate-A-Weed, Ine.
2. Amendment No.1 to Agreement No. 04-147 with Target Specialty Products.
:3. Amendment NO.1 to Agreement No. 04-148 wilh Wilbur-Ellis Company.
v. Amendment No. 1 to Agreement No. 04-184 with Los Angeles Chemical Company to
extend agreement for twelve (12) months for pool chemicels for the Recreation & Parks
Department.
3
11. CONSENT CALENDAR continued
w. Amendment NO.1 to Agreement No. F04-OO3 with Quality Team, Inc. to extend agreement
for twalve (12) months for broker services for sale of surplus equipment.
x. Subdivision Plan Checking Services:
1. Amendment No.1 to Agreement No. 04-109 with Cannon AssocIates ($10,000.00
for a total contract amount not to exceed $35,000.00) for plan checking services.
2. Appropriate $10,000.00 additional improvement plan eheck revenue to the Publie
Works Department Operating Budget within the Development Services Fund.
Bids:
(Ward 1)
y.
Z.
(Ward 1) aa.
(Ward 2) bb.
(Ward 4) ce.
Trunk Sewer Replacement along Planz Road:
1. Accept bid and award contract to Floyd Johnston Construction ($8,815,190.00) for
trunk sewar replacement along Planz Road.
2. Appropriate $4,400,000.00 Sewer Enterprise Fund Balance (Wastewater Treatment
Plant 2) to the Capital Improvement Budget.
Extend bid from Jim Burke Ford ($44,229.72) for three (3) additional pickup trucks for the
Recreation & Parks Department.
Reject all bids for Wastewater Treatment Plant 2 shop building roof replacement.
Reiect bids for median modifICation and traffic signal and lighting installation on Q Street at
14 Street.
Reject bids for the construction of four diteh pipeline extansion to L-208.
Mlscallaneous:
dd. Community Development Block Grant (CDBG) Action Plan Amendment No.3 (FY 04105) to
reprogram funds in the amount of $200,000.00 for the construction of Fire Station No.5.
ee. Acceptance of 2003-04 Transportation Development Act Funds Financial Statements.
Staff recommends adoption of Consent Calendar items a through ee.
(Ward 4)
12 CONSENT CALENDAR HEARINGS
a.
Protest hearing for proposed Assessment District No. 04-2 (Brighton Park/Brighton
Village/Stockdale at Allen CommerciaVCherry Hill II):
1. Resolution approving Final Engineer's Report, levying assessments, ordering
improvements and authorizing and directing related actions.
2. Resolution determining assessments remaining unpaid.
3. Resolution authorizing issuance of bonds.
4. Resolution approving form and substance of preliminary official staternent and bond
purchase contract, authorizing modifications thereto and execution thereof, and
authorizing related documents and ections.
Slaff recommends overriding protests end adopt the resolutions.
4
(Ward 1)
12. CONSENT CAlENDAR HEARINGS continued
b.
(Ward 1.2)
Hearing to consider Resolution authorizing the submission of Section 108 Loan
Guarantee application in the amount of $1,600,000.00 for construction of Fire Station No.5
and execution of HUD Loan Agreements or other documents nacessary to secure Section
108 Loan funding from the Federal Department of Housing and Urban Deveiopment.
Staff recommends approval of the Section 108 Loan Guarantee submission, adoption of rasolution
and authorization to execute all necessary HUD loan agreements and documents.
Hearing to consider Resolution authorizing the submission of Section 108 Loan
Guarantee application in the amount of $3,750,000.00 and Brownfield Economie
Development Initiative Grant (BEDI) in the amount of $750,000.00 to HUD to provide funds
for various economie development and housing activities planned near Q Street and the
Kern Island Canal.
Staff recommends approval of the Section 108 Loan Guarantee submission, authoriza minor
modification to the application, adoption of rasolution and authorization to execute all necessary
HUD loan agreements and documents.
e.
(Ward 7)
13. HEARINGS
a.
(Ward 5)
(Ward 3)
Hearing to consider Resolution of Necessity to determine whether the public intereat and
necessity require acquisition by eminent domain of real property located at the intersection
of Panama Lene and Colony Street (McMenorny property) for construction of a right turn
lane. (Developer: Gateway, LLC)
Staff recommends adoption of rasolution.
b. Hearing to consider Resolution adopting Commercial Refuse Fees for Fiscal Year 2005-06
(3.7% proposed rate increase).
Staff recommends adoption of rasolution.
e. Hearing to consider Resolution adopting Residential Refuse Fees for Fiscal Year 2005-06
(3.7% proposed rate increase).
Staff recommends adoption of rasolution.
Consolidated hearing to consider appeals by the City Publie Works Department of the
Planning Commission decision to approve extensions of vesting rights for 'Tract 6087 Phase
D, located south of Mln9 Avenue, easl or S. Allen Road (Developer: Castle & Cooke) and
Tract 6104, Phases 1 & 5,Iocated north of Panama Lene and east of Buena Vista Road
(Developer: Centex) and adoption of resolution overturning the Planning Commission's
decision (Engineer: Mcintosh and Associates).
Staff recommends adoption of resolution overtuming the Planning Commission's decision and
approving the appeals.
d.
Hearing to consider Resolution denying appeals by Porter-Robertson Engineering of the
Planning Commlsalon decision to deny extensions of vesting rights for Tract 6121, Phase 1.
located on the northeast comer of Brimhall Road and Jenkins Road (Engineer: Porter-
Robertson/Subdivider: Froelieh Signature Homes).
Staff recommends adoption of resolution upholding the Planning Commission's decision and
denying the appeal.
e.
5
14. REPORTS
a. Department Budget Presentations:
1. Rabobank Arena and Bakersfl8ld Ice Sports Center
2. Greater Bakersfield Convention and Visitors' Bureau
15. DEFERRED BUSINESS
a. Couneil Goals and Objectives. (S/aW _entation by Alan Tandy, CIty Manager)
Staff recommends adoption of revised goals.
18. COUNCIL AND MAYOR STATEMENTS
17. ADJOURNMENT
Respectfully submitted,
Ii. k<--~ I1r
Alan Tandy
City Manager
pi
06102/05 2:25pm
6
AGENDA HIGHLIGHTS
JUNE 8, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
CLOSED SESSION
There will be a conference with the labor negotiator. There will also be a conference with legal counsel
regarding two items of existing litigation. one item of potential litigation and one item of initiation of
litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
CONSENT CALENDAR
Resolutions
Item 11c. Resolution Establishina City Council Policv reaardina the Extension of Vestina Riahts for
Subdivision Maps. The extensions of vesting rights would allow developers to avoid the newly adopted
Transportation and Park Development Fees by developing under the previous fee schedule. The City
could potentially lose millions of dollars in revenue if this action is allowed. The Planning and
Development Committee agreed with staff that discretionary extensions of vesting rights should no
longer be granted and recommended that the City Council adopt a formal policy in this regard in order
that all requests are treated consistently.
Council will make a determination at this point in the meeting whether or not to approve this policy. Two
hearings will be held later in the meeting to hear appeals by Porter-Robertson Engineering and the City
of Bakersfield Public Works Department of the Planning Commissions' decision to allow vesting rights for
two tracts. Approval or denial of this policy will assist in Council's determination as to the outeome of the
appeals.
Item 11p. Stockdale Hiahwav Planned Sewer Area. Using Sewer Enterprise Funds, the City
constructed a sewer trunkline in Stockdale Highway west of Allen Road as the first link in a major trunk
line. Funds collected as new and existing parcels within the area develop will be used to reimburse the
Sewer Enterprise Fund, and will also be used to either eonstruct the remainder of the system or to
reimburse any developer that builds a portion of the system (the developer would only be reimbursed for
that portion of the cost that is over their proportionate share of the cost of the system).
This Planned Sewer Area is generally bounded by the Goose Lake Slough on the north, Allen Road on
the east, the Cross Valley Canal on the south and Nord Road on the west. The resolution preliminarily
approves the boundaries, the cost of the improvements and the assessment fee schedule. The
ordinance adds this to the list of Sewer Areas for whieh developers and residents are eharged at time of
development or connection to pay the cost of constructing the sewer facilities.
AQreements
Items 11r. Aareement with Old River Land Companv to Dedicate 15 Acres Located Approximatelv 825
Feet South of Berkshire Road on the West Side of Mountain Ridae Drive for a Future Park. The
Planning Commission recommended a park site as a condition of approval for the tentative tract. Staff
determined that having one large park would be of more benefit to residents than several smaller parks.
Agenda Highlights
June 8, 2005
Page 2
Old River Land Company, who originally owned the entire property, agreed to dedicate the land. The
agreement specifies that the City pay one-half of all escrow fees. Appropriation of $2,000 Park
Acquisition Fund Balance is necessary to pay those fees.
Bids
Item 11y. Award Contract to Flovd Johnston Construction for Trunk Sewer Replacement Alona Planz
Road in the amount of $8.815.190. This project consists of replaeing an existing, deteriorated sewer line
of various sizes, along Planz Road between South Chester Avenue and Wastewater Treatment Plant #2,
complete with manholes and conneetions to existing eolleetor sewer lines. The existing sewer line will be
abandoned. An appropriation is required due to the unanticipated increase in costs for construction
materials and labor compared to when this project was originally budgeted. Four acceptable bids were
received. Staff recommends award to Floyd Johnston Construetion. Nearly $3 million was saved by
redesigning and rebidding the project.
Miseellaneous
Item dd. Communitv Development Block Grant (CDBG\ Action Plan Amendment No.3 (FY 04/05\ to
Reprooram Funds in the amount of $200.000 for the construction of Fire Station NO.5. The amendment
will shift program savings from the Fire Protection ($120,000) and East and Southeast Crime Prevention
($80,000) public service programs into the Fire Station #5 (Police Satellite) construction budget. The
items for amendment do not propose any additional budgetary impacts. Upon approval of the
amendment, the construction budget for Fire Station #5 will be fully allocated. A notice was published on
May 7, 2005 requesting comments and to date no eomments have been received.
CONSENT CALENDAR HEARINGS
Item 12a. Protest Hearina for Proposed Assessment District No. 04-2 (Briohton Park/Briohton
Villaae/Stockdale at Allen Commercial/Cherrv Hill II). On May 11, 2005, Council approved the
Preliminary Engineer's Report. 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.
Items 12b. and c. Hearinas to Consider Resolutions Authorizina the Submission of Section 108 Loan
Guarantee Applications and Brownfield Economic Development Initiative Grant (BED I) for Fire Station
NO.5 and the Mill Creek South. On February 9, 2005, the Budget and Finance Committee reviewed a
financial plan that identified sourees for funds available to construct the new Fire Station No. 5 and to
financially participate in the development of a new mixed use projeet planned along the Kern Island
Canal, south of the rail tracks and located near California Avenue and "Q" Streets - the south end of the
"Mill Creek",
The City is requesting $1,600,000 in Section 108 Loan Guarantee funds to assist with the construction of
the new fire station. CDBG, State and local tax increment (TI) funds will also be used to fund the facility.
The financial plan for the project known as Mill Creek South - Phase 1 ineludes the use of a federal
Section 108 Loan ($3,750,000 to be repaid over 20 years) and submittal of a eompetitive Brownfield
Economic Development Grant (BEDI) application ($750,000) through HUD, both to be used for property
acquisition, relocation and demolition. This mixed use praject consists of development of an affordable
housing rental project, 31,000 square feet of new restaurant and commercial space, and an urban
stream and green pedestrian parkway. This project will be the first phase of a larger redevelopment
project that is currently being planned to include another 30,000-50,000 square feet of commercial and
restaurant space and the creation of a new urban style residential neighborhood consisting of 700 -1000
homes and units that will provide affordable and market rate housing opportunities. Staff solicited
Agenda Highlights
June 8, 2005
Page 3
development proposals and received six responses. These responses have been narrowed down to
three which are under review. The final developer will be selected prior to submittal of the loan and grant
application to begin exclusive negotiation.
The Budget and Finance Committee directed City staff to proceed with the required loan and grant
applications and to bring them to the City Council for action.
HEARINGS
Item 13a. Hearina to Consider Resolution of Necessity to Determine Whether the Public Interest and
Necessity Reauire Acauisition bv Eminent Domain of Real Proaertv Located on the South Side of
Panama Lane at Colonv Street for Construction of a Riaht Turn Lane. City representatives have been
negotiating with the property owners in hopes that a mutually acceptable agreement can be reaehed in
the near future. Council must adopt the resolution by vote of two-thirds of all the members, not two-thirds
of a quorum of the members present.
Items 13b. and c. Hearinas to Consider Resolutions adoatina Commercial Refuse Fees (3.7%
aroaosed rate increase), and Residential Refuse Fees (3.7% aroaosed rate increase) for FY 2005-06.
The last commercial increase was one year ago. The proposed increase covers inflation and operating
cost increases, maintenance costs, and costs for street sweeping and commercial wood waste recycling.
Two residential refuse service collection rates are proposed to be increased in this hearing: Single
Family dwelling and Multiple Family dwelling (up to four units) refuse service. The single-family rate is
proposed to be increased from $154.68 to $160.44 per unit per year, and the multi-family rate is
proposed to be increased from $139.92 to $145.08 per unit per year. The increase eovers inflation and
operating eost increases, maintenance costs, and eosts for greenwaste earts and reeyeling equipment to
meet the State recycling mandates.
A notice of the proposed residential rate increase and the public hearing was mailed to each of the
73,371 property owners in the City. As of May 25, 2005, the City Clerk had received 15 written letters
protesting the fee and 1 written letter in support. According to Proposition 218, if written protests against
the proposed fee are presented by a majority of the identified parcels, the City shall not charge the
annual proposed fee. Otherwise, Council may adopt the proposed fee. The proposed fee increases
would become effective July 1, 2005.
Items 13d. and e. Hearinas on Aaaeals bv the Citv of Bakersfield Public Works Deaartment and Porter-
Robertson Enaineerina of the Deeision of the Plannina Commission to Aaarove Extension of Vestina
Riahts for Two Tracts. These appeals were first heard at the January 12, 2005 Council meeting. The
extension of vesting rights issue was reviewed by the Planning and Development Committee and
appears earlier in this agenda. They are recommending the Council adopt a policy denying extensions
of vesting rights.
The extensions of vesting rights would allow developers to avoid the newly adopted Transportation and
Park Development Fees by developing under the previous fee schedule. Extensions of vesting rights
would result in a significant loss of revenue needed to provide essential transportation and park
improvements. Staff recommends denial of the extensions of vesting rights on the two Porter-Robertson
tracts; and recommends upholding the Public Works Department's appeal of the Planning Commission's
approval of the extension of vesting rights for Castle and Cooke, and Centex. When Council was
considering these development impact fees, there was clear direction the fee sehedule be developed in
such a way that would pay for the needed infrastructure. Not granting discretionary vesting rights
extensions is a logical step to ensure the needed money will be eollected and would be consistent with
the policy recommended by the Planning and Development Committee.
Agenda Highlights
June 8. 2005
Page 4
REPORTS
Item 14a. Department Budaet Presentations. The Rabobank Arena and Bakersfield Ice Sports Center,
and the Greater Bakersfield Convention and Visitors Bureau will provide a detailed overview of their FY
2005-06 proposed operating budget.
DEFERRED BUSINESS
Item 15a. City Council Goal Settina. This is a continuation of discussions that began at the April 27,
2005 and continued at the May 25, 2005 Council meetings. Councilmember Hanson cannot attend this
meeting and has requested that any final vote on the goals be delayed until he returns. Work on the
document and refinement ean take place in preparation for the future final consideration.
Approved:
Mt:'
Alan Christensen,
Assistant City Manager
cc: Department Heads
Rhonda 8m ¡ley, Public Relations
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: June 8. 2005
AGENDA SECTION: Closed Session
ITEM:
FROM:
Honorable Mayor and City Council eI..
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
APPROVED
TO:
ó0?
DATE:
May 31. 2005
CITY ATTORNEY
CITY MANAGER
t/r:.-
I};
SUBJECT: Closed session pursuant to Government Code 54957.6; Conferenee with Labor Negotiator
William Avery
RECOMMENDATION:
BACKGROUND:
June 1. 2005, 8:16AM
S:\ADMINRPnClosed Session June 8, 05.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Closed Session
ITEM: 4.b.
TO:
Honorable Mayor and City Council
DATE:
May 26, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/?
tit-
fk
FROM:
Virginia Gennaro, City Attorney
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code seetion 54956.9
1. Eugene Jackson v. City of Bakersfield, et al.
USDC, Eastern District, Case No. CV-F-03-6111 O'NW TAG
2. Greg Moore v. Alan Tandy, et al
KCSC Case No. S-1500-CV-252458-NFT
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S:\COUNCIL\CI SesslAdmins\04·05\2005\06-08-05 EJdstlit.doc
5/26/2005
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Closed Session
ITEM: 4. C.
TO:
Honorable Mayor and City Couneil
FROM:
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
May 26, 2005
APPROVED
t/(;
t/(
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rv-
SUBJECT: Conferenee with Legal Counsel - Potential Litigation
Significant exposure to litigation pursuant to subdivision (b)(1 )(3)(A) of Government Code
seetion 54956.9 - two cases
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S:ICOUNCILICI SesslAdminsI04-05\2005106-08-05 Potential.dOc
5/26/2005
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ADMINISTRATIVE REPORT
MEETING DATE: June 8,2005
AGENDA SECTION: Closed Session
ITEM: 4r1.
TO:
Honorable Mayor and City Couneil
May 26, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
V?
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,J4¿'
FROM:
DATE:
Virginia Gennaro, City Attorney
SUBJECT: Conference with Legal Counsel -Initiation of litigation
Pursuant to subdivision (e) of Government Code seetion 54956.9 - one case
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S:\CQU NCIL \CI Sess\Admins\04-05\2005\06-08-05Initiate.doc
5/26/2005
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: 11,0. ,
TO:
Honorable Mayor and City Couneil
APPROVED
DEPARTMENT HEAD~_
CITY ATTORNEY
FROM:
Pamela MeCarthy, City Clerk
DATE:
May 27,2005
CITY MANAGER
~
.
SUBJECT: Approval of minutes of the May 25, 2005 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
kt
ADMINISTRATIVE REPORT
MEETING DATE: June 9, 2005
AGEND~, SECTION: Consent Calendar
ITEM: II b,
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD 1~k:J¡¿'
CITY ATTORNEY _
CITY MANAGER lie
Gregory J. Klimko, Finance Director
May 26, 2005
SUBJECT: Approval of department payments from May 13, 2005 to May 26, 2005 in the amount of
$10,771,703.37 and self insuranee payments from May 13, 2005 to May 26,2005 in the
amount of $199,130.64.
RECOMMENDATION:
Staff reeommends approval of payments totaling $10,970,834.01.
BACKGROUND:
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May 26. 2005. 1 :37PM
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ADMINISTRATIVE
REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: II ,e...
TO:
Honorable Mayor and City Council
APPROVED
DATE:
May 27,2005
CITY ATTORNEY
ólú7
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FROM:
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
CITY MANAGER
SUBJECT: Resolution establishing City Council policy regarding the extension of vesting rights for
subdivision maps
RECOMMENDATION: The Planning and Development Committee recommends adoption of the
resolution.
BACKGROUND:
The Planning and Development Committee reviewed the issue of the extension of vesting rights for
subdivision maps.
The Public Works Department appealed the decision of the Planning Commission to allow extensions of
vesting rights for two Tracts 6087d and 6104 phases 1 & 5. The extensions of time allow the developers
(Castle and Cooke and Centex Homes) to avoid the newly adopted Transportation and Park Development
Fees. The difference between the old and new fees is $170,565 in lost revenue to the City.
Porter-Robertson appealed one tract and Mcintosh and Associates appealed decisions of the Planning
Commission to deny extensions of vesting rights on twelve other tracts (Developer - Castle and Cooke). If the
Planning Commission's decisions are overturned and the extensions of time for vesting rights for the
developer appeals are approved, the loss in revenue to the City between the old fees and the new Traffic and
Park Development Fees would be $3.3 million (approximately $2.8 in traffic impact fees and $500,000 in Park
fees). These monies are needed to pay for traffic and park improvements required by these developments
and staff recommended the extensions not be granted.
When the Council was considering these development impact fees, there was clear direction the fee
schedules be developed in such a way that would pay for the needed infrastrueture. Not granting
discretionary vesting rights extensions is a logical step to ensure the needed money will be collected.
Citywide there are other developments that may request one-year extensions to be able to develop under the
old fee. If the extensions of vesting rights continue to be granted, it is possible the City would give up
additional fee revenues above and beyond the $3.3 million in Transportation and Park Development fees
noted above.
The Planning and Development Committee agreed with staff that discretionary extensions of vesting rights
should no longer be granted and recommended that the City Council adopt a formal policy in this regard in
order that all requests are treated consistently.
"'-'---''''-'-_.---'-~-'-''----''''-~'---".'-'''~'-'-'--'.~-_.._-,,--,._--
._--,--,~-~~.-
ADMINISTRATIVE REPORT
Page 2
Staff has been notified that Castle and Cooke has withdrawn their appeals of the Planning Commission's
decisions regarding Tracts 6086, 6087, 6111, 6127, 6128, 6150, 6151, 6185, 6199, and 6223. Porter
Robertson's and the Public Works Department's appeals are still pending. These appeals have been
scheduled for hearings and further consideration before the City Council later on this agenda.
_.. -^~. - _....- ._~~-~-_..~_._- --->'--""""'---~-'-----'
ADMINISTRATIVE REPORT
MEETING DATE: June 8,2005
AGENDA SECTION: Consent Calendar
ITEM: II.d.
TO:
FROM:
DATE:
Honorable Mayor and City Couneil
Raul Rojas, Public Works Director
May 25, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: 125-ton chiller at the Rabobank Theater and Convention Center (Ward 2):
1. Resolution dispensing with bidding proeedures due to the necessity of eompleting an
emergeney replacement resulting from the failure of the 175-ton chiller that provides
cooling to the Rabobank Theater and Convention Center, not to exceed $145,000.
2. Appropriate $145,000 Facility Replaeement Reserve to the Capital Outlay Fund, Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of resolution and appropriation.
BACKGROUND: The majority of the Rabobank Theater and Convention Center eooling is provided by
ehilled water that is piped throughout the building through various air handling units. The chilled water is
provided by two chillers. The 175-ton ehiller is the one that is predominantly used. This unit is 12 years
old. It provides chilled water to the administrative offiees and meeting rooms. The 175-ton chiller is
operated by a "Turbo-modulator" that is outdated, no longer supported, and parts are no longer available.
The seeond ehiller is a 300-ton unit that operates when the eooling needs for the facility inerease, for
example during scheduled events. Both chillers could be used simultaneously during large events,
espeeially during the warm weather period in Bakersfield.
In March, 2005, the City HVAC Teehnicians reported the 175-ton chiller was making disturbing noises.
They shut down the unit, programmed the cooling system to operate only with the 300-ton chiller, and
suggested the unit be investigated to determine the cause of the noise. Both ehillers have numerous
moving parts, gears, bearings, etc. that might break and damage the unit. The City eontraeted with
TRANE Co. to investigate the problem and make recommendations as to the best eourse of action.
TRANE determined there was a bearing problem with the 175-ton unit and estimated the repair costs to
total $50,000. TRANE also stated that they would be able to supply a 125-ton chiller fairly rapidly and
estimated that it would be adequate to meet the needs of the building. To ensure we purchase and install
the proper size chiller, Staff contracted with a mechanical engineering firm, Mechanical Design Concepts
(MDC), who determined that a 125 ton ehiller that was recommended by TRANE Co. would be sufficient te
meet the cooling demands of the building, in conjunction with the existing 300-ton ehiller.
Staff determined it was not cost effeetive to make repairs to a 12 year old pieee of equipment, partieularly
when the unsupported turbo-modulator is a critical piece of the operation.
Beeause of the rapidly approaching hot weather season which will require both chillers to be operating
simultaneously on numerous occasions, and the faet this equipment normally has a long lead time to
manufacture, it was determined that a replaeement chiller must be ordered immediately.
G:\GROUPOATlADMINRPT\2005\06-08\Admin for HVAC Emerg Res.doc
May 31. 2005, 4:15PM
___.___-~,,-. ... ,__....._."....._.. ..___.,_~_.., _.._.__...,~_.,. ~_~·._'·__·'_O····__·_"_~· ____._....... .__._~'_
ADMINISTRATIVE REPORT
This administrative report authorizes the purehase of a new ehiller. Staff reeommends funding this
purchase through the Faeility Replaeement Reserve. It is important to note that at least 5 affirmative
couneil votes are needed to approve this resolution.
G:\GROUPDAnADMINRP1\2005\06-08\Admin for HVAC Emerg Res.doc
May 31. 2005, 4:15PM
----'_. ""--~-'---"._-"-"'-' ~.,-
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: \ l. e..
Raul M. Rojas, Public Works Director
APPROVED
DI;:PARTMENT HEAD ~
CITY ATTORNEY #J;tJ
CITY MANAGER it /'
f
TO:
FROM:
DATE:
Honorable Mayor and City Council
Mareh 17, 2005
SUBJECT:
Council Chambers Video Projector Replacement:
1. Resolution determining that certain Council Chambers video equipment cannot be
reasonably obtained through usual bidding proeedures and authorizing the Finance
Director to dispense with bidding therefore, not to exeeed $50,000.
.., Appropriate $50,fo€o€<-L'1u;,.,."v,'¡ ;Ùma¡;jçmentFund balanee to the Publie Works
Department's Operating Budget.
RECOMMENDATION: Staff reeommends adoption of Resolution and approval of appropriation.
BACKGROUND: The existing JVC multi-media video projeetor was purchased and installed in October,
1999. The projector has thousands of hours of use and is in need v~ ,,,,,jvnllaintenanee. Parts are no
longer manufactured and are very hard to find.
Staff has negotiated a 30% discount with JVC Americas for a high quality digital video projeetor. The new
projeetor has three times more brightness while consuming less than half of the energy of the old
projector.
The Council Chambers JVC video projector control equipment is designed to operate with the existing
Extron SW-10 proprietary digital video switcher, two Extron SC-200 video eonverters and a Faroudja 400
quad line driver for enhanced video quality. Unlike any other multi-media video projector, the new JVC
projector is fully compatible with the City's existing video system and will integrate with the eurrent system.
May 26.2005. 10:52AM
G:\GROUPDAnADMINRPT\2005\06-08\JVC Admin Report.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: II.f.
TO:
FROM:
Honorable Mayor and City Couneil
Raul M. Rojas, Public Works Direetor
APPROVED
DEPARTMENT HEAD IYZ-
CITY ATTORNEY 12'/Jt4
CITY MANAGER . ~
DATE:
March 19, 2005
SUBJECT: Resolution determining that Police two-way radio equipment cannot be reasonably obtained
through usual bidding proeedures and authorizing the Finanee Direetor to dispense with
bidding therefore, not to exeeed $60,000.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND: The existing Poliee fixed two-way radio system uses the Motorola/National Seeurity
Administration proprietary encryption system. The new mobile radio equipment must be DVPXL
eompatible with existing radios. Only Motorola provides sueh equipment.
The Publie Works Communications Division has negotiated a 17% diseount with Motorola for 24 high
quality DVPXL encrypted Police radios.
The Fleet Division budgeted $3,000 per vehiele for the purehase of the Motorola radios. The radios will be
installed in the 7 additional vehicles in FY 04/05 budget and the 17 additional vehieles from the FY 05/06
budget that were approved for early purehase.
May 26. 2005. 1 0:55AM
G:\GROUPDA1\ADMINRPT\2005\06-08\Motorola Mobile MCS2000 Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8,2005
AGENDA SECTION: Consent Calendar
ITEM: I.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
May 20. 2005
CITY ATTORNEY
CITY MANAGER W/
SUBJECT: Resolution adding territory. Area 1-57 (Allen, Palm NW) to the Consolidated Maintenance
District and confirming the assessments. approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector. (Ward 4)
RECOMMENDATION: Staff reeommends adoption of the Resolution.
BACKGROUND: On May 25. 2005 the Council adopted Resolution of Intention No. 1385 to add
territory. Area 1-57 (Allen, Palm NW), to the Consolidated Maintenanee District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenanee District will provide for the
maintenance of street landseaping for Traet No. 5279. Units A and B. Area 1-57 is 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 based on existing street landscaping.
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 County 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 allowab/e assessment for City pareels within this area is $146.70 per single
family dwelling (less than the $265 assessment the owners agreed to in the county). 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.
Id
5/20/200510:15:43 AM
G:\GRQUPDA T\ADMINRPT\2005\06-08\MD1-57 _Est05.doc
~.·w_"~___
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: II, h.
TO:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Direetor
APPROVED
FROM:
DATE:
April 27 , 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/Jv
SUBJECT: Resolution of Intention No. 1378 preliminarily adopting, eonfirming and approving the Public
Works Director's Report for the Consolidated Maintenanee District and the 2005-2006
budget; setting time and place for hearing protests on the amount of street and median
landseaping assessments to be levied throughout the Consolidated Maintenance Distriet.
(All Wards).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance
Distriet at the time of their formation.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2005-2006
budget for the Consolidated Maintenance District.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Poliey on Park
Maintenance and Street Landscaping Assessments whieh enables the City to colleet additional revenue for
the maintenance of street and median landscaping and park maintenance within the Consolidated
Maintenance District.
As of January 12, 2005, all new developments that benefit from publie parks and/or street landscaping shall
be added to the Consolidated Maintenance Distriet and shall be assessed, eonsistent with the
requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said
amounts shall be inereased annually by the eost of living inerease reflected in the Los Angeles - Riverside
- Orange County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates
will remain at the 2004-2005 level. The proposed 2005-2006 budget, Exhibit "D" is attached to the
Resolution of Intention. The Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B",
the Benefit Formula, Exhibit "C" and the Assessor's Roll, Exhibit "E", are on file in the City Clerk's Offiee.
The Resolution sets the protest hearing for the Council meeting on Wednesday, June 22, 2005, at b:JO
P.M.
dc
April 27. 2005. 2:47PM
S:\PROJECTS\MAINDIST\ADMINRPT\CMD05RoiSt.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: l \. i.
TO:
FROM:
DATE:
Honorable Mayor and City Couneil
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
April 27, 2005
CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution of Intention No. 1379 preliminarily adopting, confirming and approving the Public
Works Director's Report for the Consolidated Maintenance District and the 2005-2006
budget; setting time and place for hearing protests on the amount of park landseaping
assessments to be levied throughout the Consolidated Maintenance District. (All Wards).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: This year all new territories were added directly to the Consolidated Maintenanee
Distriet at the time of their formation.
This Resolution preliminarily approves the Public Works Director's Report which includes the 2005-2006
budget for the Consolidated Maintenance District.
As of January 12, 2005, all new developments that benefit from public parks and/or street landscaping shall
be added to the Consolidated Maintenanee Distriet and shall be assessed, eonsistent with the
requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said
amounts shall be increased annually by the cost of living inerease refleeted in the Los Angeles - Riverside
- Orange County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates
will remain at the 2004-2005 level. The proposed 2005-2006 budget, Exhibit "0" is attached to the
Resolution of Intention. The Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B",
the Benefit Formula, Exhibit "C" and the Assessor's Roll, Exhibit "E", are on file in the City Clerk's Office.
The Resolution sets the protest hearing for the Council meeting on Wednesday, June 22, 2005, at ":30
P.M.
dc
April 27. 2005. 3:39PM
S:\PROJECTSlMAINDISnADMINRPnCMD05RoiPk.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 8. 2005
AGENDA SECTION: Consent Calendar
ITEM: II. i.
-.>
TO:
FROM:
DATE:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
¡(L
~
,.q,..~
.
Raul M. Rojas. Public Works Direetor
DEPARTMENT HEAD
CITY ATTORNEY
April 27, 2005
SUBJECT: Resolution of Intention No. 1380 preliminarily adopting, confirming and approving Public
Works Direetor's report for the Traffie Signal Maintenance Districts and the 2005-2006
budgets; setting time and plaee for hearing protests on the amount of assessments to be
levied throughout each of the Traffie Signal Maintenanee Distriets. (Wards 1, 3, 4 and 5)
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: Sinee the approval of Resolution 161-94 on September 28, 1994, which provides for
the colleetion of maintenance and operating costs for "eonvenienee" traffic signals, the Council has
approved nine Traffie Signal Maintenance Districts, TS-1 (Marketplace), TS-2 (NW Promenade), TS-3
(Rosedale, Jet Way), TS-4 (Gleneagles), TS-5 (Northwest Promenade, Phase 2), TS-6 (E. Brundage,
Hayes), TS-7 (Mt Vernon, N/Bernard), TS-8 (Calloway, Hageman NE) and TS-9 (Gosford Village). The
Bakersfield Municipal Code requires an annual hearing to set the assessments for each pareel. To
simplify the hearing process, due to the small number of property owners, the hearings for all nine distriets
will be combined. Budgets for each district will remain separate. Assessments are not being inereased for
any of the nine districts. All districts are therefore exempt from the procedures and approval proeess of
Proposition 218. For all the districts, the proposed 2005-2006 budget, Exhibit "D" are attached to this
Resolution of Intention. The Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B",
the Benefit Formula, Exhibit "C" and the Assessment Roll, Exhibit "E", are on file in the City Clerk's Office.
This resolution preliminarily approves the Public Works Director's Report, the 2005-2006 budgets and sets
the protest hearing for the Council meeting on Wednesday, June 22, 2004 at (p:~ pm.
de
April 27. 2005. 4:02PM
S:\PROJECTS\MAINDIST\TRAFSIG\Admin\TSOSRoiAll.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 08,2005
AGENDA SECTION: Consent Calendar
ITEM: 11.1<..
TO:
Honorable Mayor and City Council
May 26, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
i~
¡rìiU
'ft:-
FROM:
DATE:
Raul M. Rojas, Publie Works Director
DEPARTMENT HEAD
SUBJECT: Resolution of Intention No. 1382 to order the vacation of the alley between "H" Street and
Eye Street / between 27'h Street and 28'h Street within Section 19, T.29S., R.28E., M.D.M.
(Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
San Joaquin Community Hospital is moving ahead with the planning and eonstruction of a parking
structure related to the expansion of the hospital to better meet the growing health eare needs of
Bakersfield. This new parking structure will eliminate the need tö have a variance to the off street parking
requirements of the City of Bakersfield, and will give them enough additional parking for medical building
on the corner of Chester and 26'h Street.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail and Public Works notes that utility lines
located within the area shall be realigned by the developer.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vaeating area. Public Works has not reeeived any objeetions from these owners as of the date
of this report.
The proposed vacation was heard by the Planning Commission at its meeting of May 5, 2005, and was
found to be eonsistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code
65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Aet pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a signifieant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of July 06, 2005, on the
proposed vacation.
May 26. 2005. 8:03AM
G:\GROUPDAnADMINRPT\2005\06-08\ROI 1382 Admin.doc
".",O_~'_. >_._' _._.__._~___.,,_
ADMINISTRATIVE REPORT
MEETING DATE: June 08, 2005
AGEN IDA SECTION: Consent Calendar
ITEM: \.!.
TO:
Honorable Mayor and City Council
May 25, 2005
CITY ATTORNEY
CITY MANAGER
!pP~VED
;Øm4
/Þ
FROM:
DATE:
Raul M. Rojas, Publie Works Direetor
DEPARTMENT HEAD
SUBJECT: Resolution of Intention No. 1383 to order the vacation of the street right of way at southwest
corner of Truxtun Avenue and Commercial Way within Seetion 34, T.29S., R.27E., M.D.M.
(Ward 2)
RECOMMENDATION: Staff reeommends adoption of Resolution.
BACKGROUND:
The City of Bakersfield is constructing a right turn deceleration lane on Truxtun Avenue eastbound at
Commercial Way. The property loeated on the southwest corner of Truxtun Avenue at Commercial Way
had dedicated street right of way beyond the right of way necessary to expand the intersection to ultimate
width. The City desires to abandon additional right of way beyond what is required. This activity is
permitted and consistent with the General Plan Designation for the site, Offiee Commercial.
The City Fire, Police, Public Works, Development Services, and Economie Development Departments
have been notified of the request and no objections have been reeeived as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail and Public Works notes adequate
easements shall be reserved for any existing public utilities located in the vacating area.
Preliminary notiees were also mailed to all adjaeent property owners within a 300 foot radius of the
proposed vaeating area. Publie Works has not received any objections from these owners as of the date
of this report.
The proposed vacation was heard by the Planning Commission at its meeting of May 5, 2005, and was
found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code
65402.
It was determined that this action is exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility
that the action may have a signifieant effeet on the environment.
This Resolution sets the Publie Hearing date for the regular Council meeting of July 06, 2005, on the
proposed vacation.
May 25. 2005. 2:29PM
G:\GROUPDA nADMINRPì\2005\0a-D8\ROI1383 Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8. 2005
AGEN~IA SECTION: Consent Calendar
ITEM: I .t'\'\.
DATE:
May 17, 2005
CITY ATTORNEY
ft/
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Direetor
DEPARTMENT HEAD
CITY MANAGER
SUBJECT: Revision of the Breekenridge Planned Drainage Area (Ward 3):
1. Resolution of Intention No. 1386 to establish the revised drainage plan for the
Breekenridge Planned Drainage Area and preliminarily approving the new fee
schedule (Inerease of 142% based upon Construction Cost Index).
RECOMMENDATION:
Staff recommends approval of Resolution of Intention.
BACKGROUND: The City is proposing the adoption of a revised Breekenridge Planned Drainage
Area Study and new fee schedule. The original Planned Drainage Area (PDA) was adopted by the City
and County of Kern in August, 1978. This PDA is eurrently part of Ordinance Section 16.32.060 of the
Bakersfield Munieipal Code relating to Drainage Facilities. Rapid development in the area has brought a
need to update this study. Furthermore, the original fee was adopted in 1978 and has never been
increased to reflect present costs. This proposed increase is based upon the Construction Cost Index.
This drainage area is located in the northeast portion of Bakersfield. Highway 178 and Kern Canyon Road
run through the upper middle of the study area. Morning Drive is on the west, Paladino Drive on the north.
Breckenridge Road on the south and the extension of Miramonte Drive is on the east. The Northwesterly
portion of the study area is within the eorporate boundary of the City of Bakersfield and the Southwesterly
portion is in the County of Kern. There presently exist no facilities to safely convey the drainage waters. A
few incidental items have been completed; however, twenty seven years after the PDA formation, no
facility has been eonstrueted by the PDA which might significantly mitigate flooding.
The PDA revision was approached in such a way as to leave the original plan in plaee as mueh as is
practicable. New hydrology was prepared in modern computer modeling to provide a better estimate of
runoff from rainfall. As a result of this analysis, some pipe sizes have changed and basin volumes have
been revised. Current construction and land costs were applied and a new fee schedule was developed.
The PDA falls under both City of Bakersfield and Kern County jurisdictions.
This resolution preliminary approves the revision of the Breckenridge PDA and the new fee schedule.
June 1. 2005. 10:19AM
G:\GROUPDAì\ADMINRPT\2005\06-08\Rev Breckenridge PDA Res of Int.DOC
Cv
-~<---"'--""'--- -"~.....,.-~..,,..,,~-.,_.~.,...-
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: Il.rî.
CITY MANAGER
APPROVED
Iff ~
lJJM
IIú
TO:
Honorable Mayor and City Council
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
May 20.2005
CITY ATTORNEY
SUBJECT: Resolution of Intention No. 1387 to add territory, Area 5-19 (Casa Loma. Lotus SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 1).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of the
property at Casa Loma Drive and Lotus Lane to be included into the Consolidated Maintenance District as
required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District
will provide for the maintenance of a public park and street landscaping. Area 5-19 is generally bounded
by Cas a Loma Drive on the north, a line approximately 650 feet east of Lotus Lane on the east, a line
approximately 660 feet south of Casa Loma Drive on the south and Lotus Lane on the west. This area will
be under the park and streets cape zones of benefit and will be assigned appropriate tier levels when a
park has been constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process. The owner also has submitted a Proposition 218 ballot
indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the developer to be recorded. A copy of this covenant
is attached for reference.
mr
May 20, 2005, 11 :28AM
MD5-19Ri05
-~---..-~-~...~._-- ----------- . "_...._---_.__.._--"-~----~..,~..._-~-_.._._.~--_.,-"_.._...~_.._..__."._-,-~_.~- .~~-..~_.
ADMINISTRATIVE REPORT
MEETING DATE: June 8. 2005
AGENDA SECTION: Consent Calendar
ITEM: 1\. n.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD 1(,l
CITY ATTORNEY 1./;3)nd
CITY MANAGER Il-r/
FROM:
Raul M. Rojas, Public Works Director
DATE:
May 23, 2005
SUBJECT: Resolution of Intention No. 1388 to add territory, Area 3-33 (Harris, Old River NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6323 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-33 is generally bounded by a line approximately 1320 feet
north of Harris Road on the north, a line approximately 1330 feet east of Old River Road on the east.
Harris Road on the south and Old River Road on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing eoncerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
May 23, 2005, 1 :20PM
MD3·33Ri05
ADMINISTRATIVE REPORT
MEETING DATE: June 8,2005
AGENDA SECTION: Consent Calendar
ITEM: II. to.
,
TO:
FROM:
Honorable Mayor and City Council
~PPROVED
DEPARTMENT HEAD ~ _
CITY ATTORNEY Øll24
CITY MANAGER ~
Raul M. Rojas, Publie Works Director
DATE:
May 25, 2005
SUBJECT: Stoekdale Highway Planned Sewer Area (Ward 4)
1. Resolution of Intention NO.1389 to establish the Stoekdale Highway Planned Sewer Area
and preliminarily approving the boundaries of the area and the cost and fee sehedule.
2. An Ordinance of the Council of the City of Bakersfield amending Seetion 16.32.060 of the
Bakersfield Munieipal Code relating to Sewer Faeilities. (First Reading)
RECOMMENDATION:
the ordinance.
Staff recommends approval of the Resolution of Intention and first reading of
BACKGROUND: The City has prepared a master sewer study for an area generally bounded by the
Goose Lake Slough on the north, Allen Road on the east, the Cross Valley Canal on the south and Nord
Road on the west, and has preliminarily designed the "backbone" sewer system to serve this area. The
City has eonstructed a sewer trunkline in Stockdale Highway west of Allen Road as the first link in a major
trunk line in this "backbone" system. Sewer Enterprise funds were used to front the cost of the City's
projeet. The funds eolleeted as new and existing parcels within the area develop will be used to reimburse
the Sewer Enterprise fund for the cost of the City's portion of the project, and will also be used to either
construct the remainder of the system or to reimburse any developer that builds a portion of the system
(the developer would only be reimbursed for that portion of the eost that is over their proportionate share
of the cost of the system).
This resolution preliminarily approves the boundaries of the Area. the cost of the improvements and the
assessment fee schedule.
This ordinanee adds the Stockdale Highway Planned Sewer Area to the list of Sewer Areas for which
developers and residents are charged at time of development or connection to pay the eost of construeting
the sewer facilities.
mps
May 25. 2005. 1: 14PM
G:\GROUPDA ì1ADMINRPT\2005\06-08\StockdaleHwyPSAroi.DOC
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ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: I . .
CITY MANAGER
APPR0/pD
tb-( ~
~
fþ
.
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas. Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
TO:
May 24. 2005
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreements with Granite Pointe Estates, LLC, for Tract 6095
Phases 6, 7, and 8 located north of Hosking Avenue and east of Wible Road. CoNard 7)
(2) Improvement Agreements with Castle & Cooke California, Inc., for Parcel Map 11035
loeated south of Stockdale Highway and east of Buena Vista Road. CoNard 4)
(3) Improvement Agreement with Meany Partners, LLC. for Parcel Map 11092 located north of
Meany Avenue and west of Coffee Road. (Ward 4)
(4) Final Map and Improvement Agreements with Palma Homes, Inc. for Tract 5362 Unit 5
loeated south of Hosking Avenue and east of Wible Road. (Ward 7)
(5) Final Map and Improvement Agreement with Stuart Thomas, Ine., dba Lenox Homes for
Tract 6210 Phases 1 and 2 loeated north of Berkshire Road and west of Monitor Street.
(Ward 7)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to seeure the improvements required for the
Subdivision Map. Such improvements include. but are not limited to streets. sewer,
storm drain, and landseaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
td
May 24. 2005. 11 :25AM
G:\GROUPDAlìADMINRPT\2005\06-08\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 8.2005
AGENDA SECTION: Consent Calendar
ITEM:
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEADY I-rf
CITY ATTORNEY ¡J"1J24
CITY MANAGER . A-v
FROM:
Dianne Hoover,
Director of Recreation and Parks
DATE:
May 26. 2005
SUBJECT:
1). Agreement with Old River land Company to dedicate 15 acres located approximately
825 feet south of Berkshire Road on the west side Mountain Ridge Drive for a future park.
(Ward 6).
2). Appropriate $2.000 Park Acquisition Fund Balance for escrow fees.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: Pursuant to Bakersfield Municipal Code Section 15.80 the developers of various tracts
lying within Section 27, Township 30 South, Range 27 East will be required to dedicate a total 15 acres for
park purposes.
On April 21. 2005, the Planning Commission approved Vesting Tentative Tract 6387 located at the
southeast corner of Section 27, Township 30 South. Range 27 East and required the 15 acre park as a
condition of approval. Recreation and Parks staff has determined that a 15 acre park site is more
desirable than having several smaller parks to serve this community. Old River land Company. who
originally owned the entire section. has agreed to dedicate 15 acres to achieve the mutual goal of having a
larger park.
June 2, 2005, 8:30AM
P:\Antongiovanniadmin.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8,2005
AGENDA SECTION: Consent Calendar
ITEM: \ \. S.
DATE:
May 27.2005
APPROVED
DEPARTMENT HEAD 3!?w
CITY ATTORNEY ßìnd
CITY MANAGER k-
TO:
FROM:
Honorable Mayor and City Council
William R. Reetor. Chief of Police
SUBJECT:
Approve agreement with Master K-9, Ine. to purehase and train three Poliee Serviee
Dogs.
2. Appropriate $30,381.00 Seized Asset Forfeiture Revenues to the Police Department
Operating Budget in the General Fund for the purchase and training of three Poliee
Service Dogs.
1.
RECOMMENDATION:
Staff recommends approval of agreement and appropriation.
BACKGROUND:
Over the last thirteen months, the Bakersfield Police Department has retired five Poliee Serviee Dogs:
Two dogs were retired due to medical conditions, two were retired beeause their useful life was at term
and their handlers had been promoted, and one (a narcotics dog) was retired due to age.
The above mentioned retirements have redueed the K-9 unit to four working patrol units. The Bakersfield
Poliee Department anticipates the retirements of two more Poliee Service Dogs in FY2005-06. Therefore.
the Police Department is requesting that three Police Service Dogs be replaeed to maintain the
complement of the K-9 unit.
The cost of three Poliee Serviee Dogs plus initial handler training is $30,381.00 ($10,127.00 for eaeh dog).
This purehase will be paid with asset forfeiture funds, and will not have any impaet on the General Fund.
Asset forfeiture funds are generated through nareoties deteetion, interdietion, suppression, and seizure,
and are available for use by the Police Department to support law enforcement activities.
DB
May 26. 2005. 4:48PM
P:\BPOIADMIN RPTSIADMIN RPT . K-9 PURCHASE.doc
ADMINISTRATIVE
REPORT
MEETING DATE June 8,2005
AGENDA SECTION: Consent Calendar
ITEM: l \. t.
FROM: Gregory J. Klimko, Finanee Direetor
APPROVED
DEPARTMENTHEAD~~
CITY ATTORNEY ¡¿?rJ4
CITY MANAGER IJ.i
TO: Honorable Mayor and City Couneil
DATE May 23,2005
SUBJECT: Agreement with Wilson & Assoeiates (not to exceed $91,000) to provide speeialized Continuing
Disclosure serviees for variousSpecial Assessment Distriets. ~ards 4, 5, 6 & 7)
RECOMMENDATION: Staff recommends approval of Agreement.
BACKGROUND: The City currently has 15 active Assessment Districts, with a total bonded
indebtedness of $48,950,000.00 which all require Continuing Disclosure Certificates. The City
has covenanted in its respective Continuing Disclosure Certificate for the benefit of the
Bondholders to provide an annual report containing certain financial information and operating
data relating to each Assessment District and the property within the Assessment District. This
covenant has been made in order to assist the Underwriter in complying with Securities and
Exchange Commission Rule 15c212(b)(5). The City does not have expertise in this area of
reporting requirements.
This agreement will allow us the use of a professional consultant to process these Continuing
Disclosure Reports and meet the deadlines imposed by the Securities and Exchange
Commission. The cost of these services will be charged to the related Special Assessment
District.
S:\COREYlADMIN-WILSON-CONTDISCAGMT.DOC
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: \I.u.
May 25, 2005
APPROVED
DEPARTMENT HEAD M il- t'fl-
CITY ATTORNEY 18lJ1A
CITY MANAGER . jttí
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
SUBJECT: Amendment NO.1 to Agreement No. 04-146 with Abate-A-Weed, Incorporated, Amendment
No.1 to Agreement No. 04-147 with Target Specialty Products and Amendment NO.1 to
Agreement No. 04-148 with Wilbur-Ellis Company to extend agreements for twelve (12)
months for Chemicals - Insectieides/Herbicides for the Water Resourees Department and
the Reereation and Parks Department. No additional funds are needed.
RECOMMENDATION: Staff recommends approval of amendments to agreements.
BACKGROUND: On June 9, 2004, Council awarded the annual contract for Chemieals -
Insecticides/Herbicides to Abate-A-Weed, Incorporated, Target Specialty Products and Wilbur-Ellis
Company. The contract allows for a twelve (12) month extension if all parties agree. City staff and all
three vendors agree to the extension of agreements under the same terms and eonditions. No additional
compensation is necessary for these agreements.
Purchasing Division
KB
S:IPURCHIADMINIC05_0608_C_AC WilburEllis·ChemicalsExt.doc
May 25, 2005. 1 0:25AM
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1\. \I.
May 25, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
FROM:
DATE:
Gregory J. Klimko, Finance Director
SUBJECT: Amendment No.1 to Agreement No. 04-184 with Los Angeles Chemical Company to
extend agreement for twelve (12) months for Pool Chemieals for the Recreation and Parks
Department. No additional funds are needed.
RECOMMENDATION: Staff reeommends approval of amendment to agreement.
BACKGROUND: On June 23, 2004, Council awarded the annual eontract for Pool Chemicals to Los
Angeles Chemical Company. The eontract allows for a twelve (12) month extension if all parties agree.
City staff and Los Angeles Chemieal Company agree to the extension of agreement under the same terms
and conditions. No additional eompensation is necessary for this agreement.
Purchasing Division
KB
S:\PURCHIADMINlC05_0608_C_AC PoolChemicalsExt.doc
May 25. 2005. 10:34AM
-_..-._-,. -.,-.. .--."
ADMINISTRATIVE REPORT
I MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: II.W.
CITY MANAGER
TO:
FROM:
Honorable Mayor and City Council
Gregory J. Klimko, Finance Director
DEPARTMENT HEAD
DATE:
May 25, 2005
CITY ATTORNEY
SUBJECT: Amendment No.1 to Agreement No. F04-003 with Quality Team, Incorporated to ex1end
agreement for twelve (12) months regarding sale of surplus equipment.
RECOMMENDATION: Staff recommends approval of amendment to agreement.
BACKGROUND: On May 17, 2004, Council awarded an agreement for broker services to Quality Team,
Incorporated with an expiration date of May 16, 2005. The agreement included a provision whereby, the
agreement may be extended for a one (1) year increment under the same terms and conditions upon the
mutual, written consent of City and Broker. Quality Team, Incorporated, which sells most of our surplus
computer equipment, has agreed to ex1end agreement for one (1) additional year.
Purchasing Division
KB
S:\PURCHIADMINlC05_0608_C_Quality Team Ext.doc
May 31.2005. 3:41PM
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION Consent Calendar
ITEM: \\.v.
May 26, 2005
CITY ATTORNEY
CITY MANAGER k
TO: Honorable Mayor and City Couneil
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Subdivision Plan Cheeking Serviees:
1. Amendment No.1 to Agreement No. 04-109 with Cannon Associates ($10,000;
total contraet amount not to exceed $35,000) for plan cheeking serviees.
2. Appropriate $10,000 additional improvement plan eheek revenue to the Publie
Works Department operating budget within the Development Serviees Fund.
RECOMMENDATION: Staff reeommends approval of Agreement and appropriation.
BACKGROUND: The Subdivision Seetion of the Public Works Department received an unpreeedented
number of submittals for plan checking and hired Cannon Assoeiates for contract plan eheeking services.
This amendment to the Cannon agreement provides for eontinued plan checking services.
The total amount of this amendment is $10,000. This changes the original agreement amoun~ of $25,000
to a total amount of $35,000.
mps
May 31. 2005. 7:50AM
G;\GROUPDA nADMINRP1ì2005\06-08\Planchack Consultantdoc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: ILv.
I
DATE:
May 26,2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER ~
.
TO:
Honorable Mayor and City Couneil
FROM:
Raul M. Rojas, Publie Works Direetor
SUBJECT: Trunk Sewer Replacement along Planz Road (Ward 1):
1. Aceept bid and award eontraet to Floyd Johnston Construetlon ($8,815,190).
2. Appropriate $4,400,000 Sewer Enterprise Fund Balanee (Wastewater Treatment
Plant 2) to the Capital Improvement Budget.
RECOMMENDATION:
Staff reeommends aeeeptanee of low bid, award of contract and approval of
appropriation.
BACKGROUND: This projeet consists of replaeing an existing, deteriorated sewer line of various sizes,
along Planz Road, between South Chester Avenue and Wastewater Treatment Plant #2, complete with
manholes and connections to existing colleetor sewer lines. The existing sewer line will be abandoned.
An appropriation is required due to the unantieipated inerease in costs for construction materials and labor
eompared to when this projeet was originally budgeted.
Four aceeptable bids were received on May 25, 2005, as follows:
Floyd Johnston Construetion Co.
2301 Herndon Avenue
Clovis, CA 93611 (out of town)
in the amount of
$8,815,190.00
Griffith Co.
1898 South Union Avenue
Bakersfield, CA 93307 (City)
in the amount of
$8,940,002.00
Don Kelly Construetion
18550 So. La Canada #5
Sahuarita, AZ 95629 (out of town)
in the amount of
$9,399,540.00
Colich Construction
1590 Franeisco St.
Torrance, CA 90509 (out of town)
in the amount of
$9,528,360.00
cmw/pw
May 26. 2005, 11 :59AM
G:IGROUPDA 1\ADMINRPT\2005106-08IPlanzRd Sewer.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: I.~.
May 25, 2005
APPROVED
DEPARTMENT HEAD N"í k a."S L,
CITY ATTORNEY RìnJ
CITY MANAGER fie /
TO:
FROM:
DATE:
Honorable Mayor and City Council
Gregory J. Klimko, Finanee Director
SUBJECT: Extend bid from Jim Burke Ford $44,229.72, for three (3) additional piekup trucks for the
Reereation and Parks Department.
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: At the Council meeting of Deeember 15, 2004, Jim Burke Ford was awarded the bid for
the purchase of pickup trueks. The speclfieations included a provision whereby, with the written approval
of both the bidder and the City, the City may purehase additional units at the same per unit eost for a
period of time after acceptance of the original bid. Jim Burke Ford has indicated their approval of
extending the same per unit cost for this purchase.
Funding for the three (3) additional pickup trueks was ineluded in the budget restoration aetions taken by
City Council on Mareh 9, 2005. The pickups will be used by the Recreation and Parks Department as part
of the restoration actions.
Purchasing Division
KB
S:\PURCH\ADMINlCOS_0608_A_600Ogvwpuext.doc
May 2S. 200S Revlsad
ADMINISTRATIVE REPORT
MEETING DATE: June 8. 2005
AGENDA SECTION Consent Calendar
ITEM: II. (10.,
FROM:
DATE:
Honorable Mayor and City Couneil
Raul M. Rojas, Publie Works Direetor
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡{L
m
,~
TO:
May 25, 2005
SUBJECT: Reject all bids for Wastewater Treatment Plant 2 shop building roof replacement. (Ward 1)
RECOMMENDATION: Staff reeommends rejeetion of all bids and re-advertise projeet.
BACKGROUND: The roof on the shop building at Wastewater Plant 2 is nearing the end of its useful life.
Although the building has not reeeived any water damage, a roof replacement within the next 12 months
has been recommended.
Funding for this projeet will be Sewer Enterprise funds. The two bids reeeived for this projeet were
significantly higher than the Engineer's Estimate of $74,300. Materials for this job are estimated at
$30,000; the remaining balanee is to cover labor expenses. The eost of labor in the bids is estimated to
be 1.8 to 2.3 times higher than antieipated. An explanation for this is that bidding was done during the
busy season for roofers. Staff recommends re-bidding this projeet during the winter and start eonstruetion
in spring time.
On May 18, 2005, two bids were received as follows:
Best Contraeting Serviees, Ine.
19027 S. Hamilton Avenue
Gardena, CA 90248 (out of town) Bid. in amount of
$109,670.00
Graham Prewett Ine.
2773 N. Business Park Avenue, Suite 102
Fresno, CA 93727 (out of town) Bid, in amount of
$129,961.00
May25,2005,11:59AM - ARC PNfWW
G:\GROUPDA liADMINRPT\2005\06-08\WWTP2_Shop roof replacement_reject bids.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Consent Calendar
ITEM: II. bb·
DATE:
May 19, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER fj?
TO: Honorable Mayor and City Couneil
FROM:
Raul Rojas, Publie Works Direetor
SUBJECT: Reject Bids for the Median Modification and Traffie Signal and Lighting Installation on
Q Stree' at 14th Street (Ward 2)
RECOMMENDATION: Staff reeommends the rejeetion of bids, re-evaluate the project scope of work and
re-advertise the projeet at a later date.
BACKGROUND: The projeet eonsists of installing a traffie signal system and the modification of the
existing median island to allow for signalized left-turn passage on Q Street northbound to 14th Street
westbound.
The low bid was higher than the Engineer's estimate of $113,300 so Department staff will divide
eonstruction of the projeet into two portions. The signal and upgraded handicap ramp portion will be re-
advertised for eonstruetion. The remaining median modification, striping and pavement markings will be
performed by City forces.
On May 11, 2005. two bids were received as follows:
Griffith Company
POBox 70157
Bakersfield, California 93387 (City)
in the amount of
$167,157.00
Granite Construction
POBox 5127
Bakersfield, California 93385 (City)
in the amount of
$172,493.00
RL T - PWlEngineering
June 1. 2005,
7:35AM
ADMINISTRATIVE REPORT
MEETING DATE June 8,2005
AGENDA SECTION:
ITEM: II. Cot!,.
Consent Calendar
FROM:
DATE:
Honorable Mayor and City Couneil
Florn Core, Water Resourees Manager
DEPARTMENT HEAD
CITY ATTORNEYf)D~Aff7S-
æ
APPROVED
~ --'
TO:
May 20, 2005
CITY MANAGER
SUBJECT: Rejeet bids for the eonstruetion of Four Diteh Pipeline Extension to L-208 (Ward 4)
RECOMMENDATION:
Staff reeommends rejeetion of bids, re-evaluate project scope of work and
eonstruetion methods and rebidding of the projeet
BACKGROUND: The project consists of eonstructing a 36" diameter underground pipeline to eonvey
raw water from an existing irrigation structure on Coffee Road at Snow Road, south along Coffee Road to
a City water faeility at Norris Road. The water is to be treated (treatment faeility is not a part of the projeet)
for distribution as drinking water. The method of eonstruetion is to be open treneh exeavation. Borings
underneath Coffee Road and Norris Road have been ineluded as a bid alternate. The Engineer's estimate
for the projeet was:
$ 385,796.00
The Water Resourees Department will re-evaluate and revise the seope of work and method of
construetion for the projeet in order to reduee eonstruction eosts. The projeet will then be rebid in the near
future.
Two (2) bids were received as follows:
HPS Meehanieallne.
3100 East Belle Terrace
Bakersfield, CA 93307
in the amount of
$ 946,929.00
W. M. Lyles Co.
1210 West Olive Avenue
Fresno, CA 93728
in the amount of
$ 905,625.00
ADMINISTRATIVE REPORT
MEETING DATE: June 8,2005
Consent Calendar
TO:
Honorable Mayor and City Couneil
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~
11£-
.
CITY MANAGER
FROM:
Donna L. Kunz, Economic Development Direetor
DATE:
May 25, 2005
SUBJECT: Community Development Sloek Grant (CDSG) Action Plan Amendment NO.3 (FY 04/05) to
reprogram funds in the amount of $200,000 for the construction of Fire Station #5. ryvard 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Eeonomic and Community Development staff is proposing to reprogram CDSG funds from completed
projects. In complianee with HUD regulations, any signifieant ehange or addition to the approved CDSG
or HOME annual plan must undergo an amendment proeess whieh ineludes obtaining citizen views and
comments on the proposed ehange for a period of 30 days. A notice was published on May 7. 2005
requesting comments and to date no comments have been reeeived.
The amendment will shift programs savings from the Fire Protection ($120.000) and East and Southeast
Crime Prevention ($80.000) public serviee programs into the Fire Station #5 (Poliee Satellite) construction
budget. The program savings are the result of scheduling for both the police and fire academy trainings.
The offieers and firefights eompleted the aeademy in Deeember, 2004 and were not available for
employment until January, 2005. The items for amendment do not propose any additional budgetary
impaets. Upon approval of the amendment, the eonstruetion budget for Fire Station #5 will be fully
allocated.
S:\Admins\City Council\action plan amendment 6-08-05.doc
5/25/20054:12 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 8,2005
Consent Calendar
TO:
Honorable Mayor and City Couneil
APPROVED
DEPARTMENT HEAD ¡g;¡¡j-
CITY ATTORNEY {;;
If¿
CITY MANAGER
FROM:
Donna L. Kunz, Economic Development Director
DATE:
May 25, 2005
SUBJECT: Community Development Bloek Grant (CDBG) Action Plan Amendment NO.3 (FY 04/05) to
reprogram funds in the amount of $200,000 for the eonstruction of Fire Station #5. CNard 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Economie and Community Development staff is proposing to reprogram CDBG funds from eompleted
projeets. In eomplianee with HUD regulations, any signifieant ehange or addition to the approved CDBG
or HOME annual plan must undergo an amendment process which ineludes obtaining eitizen views and
comments on the proposed ehange for a period of 30 days. A notice was published on May 7, 2005
requesting eomments and to date no comments have been received.
The amendment will shift programs savings from the Fire Protection ($120.000) and East and Southeast
Crime Prevention ($80,000) public serviee programs into the Fire Station #5 (Poliee Satellite) eonstruction
budget. The program savings are the result of scheduling for both the police and fire aeademy trainings.
The offieers and firefights completed the aeademy in Deeember, 2004 and were not available for
employment until January. 2005. The items for amendment do not propose any additional budgetary
impaets. Upon approval of the amendment, the eonstruetion budget for Fire Station #5 will be fully
allocated.
S:\Admins\City Council\action plan amendment 6-Q8-05.doc
5/25/20054:12 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SEZTION: Consent Calendar
ITEM: II. et.
DATE:
May 24, 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
CITY MANAGER
tl0
.
SUBJECT: Aeeeptance of 2003-04 Transportation Development Act Funds Financial Statements.
RECOMMENDATION: Staff recommends referral to Budget and Finance Committee.
BACKGROUND: In eompliance with the Kern Council of Governments Rules and Regulations, the
California Publie Utilities Code seetion 99245, and the California Code of Regulations section 6664, the
attached financial statements for the Transportation Development Act Funds were prepared for the fiscal
year ending June 30, 2004.
The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public
Transit Fund.
The aceuracy and the fairness of the presentation is the responsibility of the City. The audit firm of
Macias, Gini & Company has issued an unqualified opinion.
No other reports were issued by the aecounting firm in regards to the above audit report.
May 24. 2005, 4:26PM
G:\GROUPDAnADMINRPT\2005\06.08\Transp Dev Act Funds Financial 8lm.doc
--
__. __..._ __ _.._._ ....~~"7
ADMINISTRATIVE REPORT
MEETING DATE: June 8,2005
AGENDA SECTION: Hearings
ITEM: 11..0..
CITY MANAGER
~PPROVED
, ßi»4
,
~
.
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
TO:
DATE:
May 25. 2005
DEPARTMENT HEAD
CITY ATTORNEY
SUBJECT: Protest Hearing for proposed Assessment Distriet No. 04-2, (Brighton Parks/Brighton
Village/Stockdale at Allen Commercial/Cherry Hill II): (Ward 4)
1. Resolution Approving Final Engineer's Report, Levying Assessments, Ordering Improvements and
Authorizing and Directing Related Actions.
2. Resolution Determining Assessments Remaining Unpaid.
3. Resolution Authorizing Issuance of Bonds.
4. Resolution Approving Form and Substance of Preliminary Official Statement and Bond Purchase
Contract, Authorizing ModifICations Thereto and Execution Thereof, and Authorizing Related
Doeuments and Aetions.
RECOMMENDATION: Staff reeommends overriding protests and adopting the Resolutions.
BACKGROUND: On May 11, 2005 Council approved the Preliminary Engineer's Report and
scheduled the hearing as required by law for June 8, 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 reeorded as liens in the County Recorder's Office, and notice of
assessment and eash payment opportunity will be mailed to the property owner (Castle & Cooke
California, Inc. and Cherry Hill, Inc.) 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 Direetor will eertify 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 RBC Dain
Rauscher.
The Final Engineer's Report is on file in the City Clerk's Office.
May 25. 2005. 9:38AM
G:\GROUPDA T\ADMINRPT\2005\06-08\AD04-2hrg.doc
jas
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Public Hearing
ITEM: \ .b.
DATE:
May 26, 2005
APPROVED
DEPARTMENT HEAD @
CITY ATTORNEY ¡/t:--
TO:
Honorable Mayor and City Council
FROM:
Donna L. Kunz, Economie Development Director
CITY MANAGER ---f±:--
SUBJECT: A Resolution of the Council of the City of Bakersfield authorizing the submission of a
Section 108 Loan Guarantee application in the amount of $1,600,000 for construction of a
new Fire Station No. 5 and execution of HUD Loan Agreements or other documents
necessary to secure Section 108 Loan funding from the Federal Department of Housing
and Urban Development (HUD). (Ward 1)
RECOMMENDATION:
Staff recommends approval of the Section 108 Loan Guarantee submission. adoption of the resolution and
authorization to execute all necessary HUD loan agreements and documents.
BACKGROUND:
The City of Bakersfield is requesting $1.600.000 in Section 108 Loan Guarantee funds to assist with the
construction of a new fire station in a predominantly low income area which will better serve its residents
and fire service area. The new fire station will be located at 102 East White Lane. and it will replace the
51 year-old Fire Station NO.5 at 700 Planz Road which is not designed to accommodate new apparatus
and equipment. It is also dilapidated, laeks space. and has inadequate street aecess.
The Section 108 loan funds will be used exclusively to construct an 8.000 ± sq.ft. fire facility building and
related infrastructure on a 2 acre site. The station will contain two (2) drive thru bays. apparatus facilities,
kitchen, lavatories, sleeping and storage spaces for four-person fire fighter shifts that will be on duty
continuously. The $3.6 ± million construction project will also include a 1,400 ± sQ.ft. public meeting room
and restrooms for community meetings. and an 800 ± sQ. ft. police substation office adjacent to the facility.
The City's recently adopted FY 2005-06 Action Plan includes this new fire station as a proposed project
with multiple funding sources. In addition to the Section 108 loan funds. the cost of the public facility will
be paid using CDBG. state and local tax increment (TI) funds. Section 108 obligations are administered by
HUD and financed through federal underwritten public offerings. The 108 public offering will be repaid over
approximately 20 years using tax increment financing from the Southeast Redevelopment Project Area.
The advertised public hearing notice and a map showing the location of the proposed project and its
primary response (first-in fire fighting boundary) area are attached.
S:\Admins\City Councíl\Sec 108 Fire station No 5.doc
5/26/2005935 AM
...."Í;S~~-~~b~
(:c~,~, ADMINISTRATIVE REPORT
~<~·Jl}Fo'¡l.).\)'·
.....~......
MEETING DATE: Ju.ne 6,2...005
Hearings
DATE:
May 26. 2005
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY V<%-
CITY MANAGER ~
TO:
Honorable Mayor and City Council
FROM:
Donna L. Kunz, Economic Development Director
SUBJECT: A Resolution of the Couneil of the City of Bakersfield authorizing the submission of a
Seetion 108 Loan Guarantee application in the amount of $3.750 million dollars and a
Brownfield Economic Development Initiative Grant (BEDI) in the amount of $750,000 to
HUD, to provide funds for various eeonomic development and housing activities planned
near Q Street and the Kern Island Canal. (Wards 1 & 2)
RECOMMENDATION:
Staff recommends approval of the Section 108 Loan Guarantee submission, authorize minor modifieation
to the application. adoption of the resolution and authorization to exeeute all neeessary HUD loan
agreements and documents.
BACKGROUND:
On February 9, 2005. staff submitted to the Budget and Finance Committee, a financial plan that identified
sourees for funds available to construet a new fire station in the Southeast and to financially participate in
the development of a new mixed use project planned along the Kern Island Canal, south of the rail tracks
and located near California Avenue and "Q" Streets - the south end of the "Mill Creek". This economic
development activity, planned as Mill Creek South - Phase 1, was spurred from reeent interest from
several developers in the redevelopment area located immediately east of Mill Creek, south of the traeks
and situated along California Avenue to Union Avenue. These catalyst projects have the potential to bring
signifieant positive economie impact to the Southeast Redevelopment Project Area and to the downtown
entertainment district.
The key eomponents of the financial plan approved by the Budget and Finanee Committee for this
economic development projeet include the use of a federal Section 108 Loan and submittal of a
competitive Brownfield Economic Development Grant (BEDI) applieation through HUD. The Budget and
Finance Committee directed City staff to proceed with the required loan and grant applications and to
bring them to the City Council for action.
The federal Section 108 Loan program is one of the most cost effective financing alternatives for economic
development aetivities. CDBG entitlement jurisdictions like Bakersfield may borrow up to 5 times their
annual CDBG entitlement amount under this loan program. The Section 108 loan works like borrowing
from the block grant. It provides capital funds up front to allow cities to undertake large projects and ean
be repaid over 20 years at a very attractive interest rate. The City of Bakersfield currently has $5.9 million
S:\Admins\City Council\section 108 and bedi reso.doc
5/26/2005 3:44 PM
ADMINISTRATIVE REPORT
Page 2
of outstanding Section 108 Loans and a borrowing eapacity of $18.5 million (5X eurrent entitlement).
Using this borrowing tool also makes sense as the Southeast Redevelopment projeet Area is still relatively
new (since 1999) and does not have a long term revenue history that is normally required for traditional
tax increment bonds. The Seetion 108 government backed loan program affords the Redevelopment
Project Area an opportunity to leverage its funds to encourage key redevelopment activities in the current
robust development market. The economie development projeet loan of $3.750.000 is proposed to be
repaid over 20 years from revenues generated from annual Southeast Redevelopment Projeet Area Tax
Increment. The annual payment is estimated to be $ 281,000. The Section 108 Loan funds will be used
for property acquisition, reloeation and property clearanee activities associated with the project.
Mill Creek South - Phase 1 economic development mixed use project consists of development of an
affordable housing rental projeet. 31,000 square feet of new restaurant and commercial space and the
development of the south area of Mill Creek as an urban stream and green pedestrian parkway. This
_ project will be the first phase of a larger redevelopment projeet that is currently being planned under to
include another 30,000-50,000 square feet of commercial and restaurant space and the ereation of a new
urban style residential neighborhood eonsisting of 700 -1000 homes and units that will provide affordable
and market rate housing opportunities including both rental and ownership types. Once development of
the entire 50 aeres identified as Mill Creek South is complete, as much as $1 million dollars annually in
new Southeast Projeet Area tax inerement will be generated from the estimated $300 million dollars of
new private development investment.
This economic development project is also eligible for funding from a competitive based eompanion grant
called the Brownfield Eeonomic Development Initiative (BEDI). The Notice of Funds available (NOFA)
was recently released by HUD for the upcoming rounds of eompetitive BEDI Grant applieations and it is
due June 15, 2005. The BEDI grant can only be applied for in conjunetion with a seetion 108 loan and is
restrieted for economic development activities. Staff contracted with Mark Briggs and Associates to
prepare the BEDI and loan application and to properly size the loan and grant amounts in order to submit
a highly competitive proposal. The grant amount requested is $750,000. The BEDI grant funds, if
received. will be used for property acquisition, reloeation and demolition.
Staff solicited development proposals and received six responses. These responses have been narrowed
down to three whieh are under review. The final developer will be selected prior to submittal of the loan
and grant applieation to begin exclusive negotiation.
S:\Admins\City Council\section 108 and bedi reso.doc
5/26/20053:44 PM
....-..-.. _. .---.,.
ADMINISTRATIVE REPORT
MEETING DATE: June 8. 2005
AGENDA SECTION: Hearings
ITEM: lå.a..
May 24. 2005
APPROVED
DEPARTMENT HEAD ð/Jlfl'»
CITY ATTORNEY ~
TO:
Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
CITY MANAGER
,~
SUBJECT: Publie hearing on Resolution of Neeessity to determine whether the publie interest and
necessity require acquisition by eminent domain of real property located at the interseetion
of Panama Lane and Colony Street, Bakersfield. California (MeMenomy property), for the
construction of a right turn lane (Gateway, LLC, Developer) (Code Civ. Proc. § 1245.230)
(Ward 7)
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
Code of Civil Proeedure seetion 1245.220 requires that the City Couneil adopt "a Resolution of
Necessity" authorizing the initiation of an eminent domain action. Seetion 1245.230 also requires that
the resolution eontain eertain information and findings justifying the taking.
If the Council finds in the hearing that each of these requirements has been met, the Council may
adopt the proposed resolution.
Prior to adopting the Resolution, Code of Civil Proeedure seetion 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 publie interest and neeessity require the projeet:
2. Whether the project is planned or located in the manner that will be most compatible with
the greatest publie good and the least private injury; and
3. Whether the property sought to be aequired is neeessary for the projeet.
Required notiee was provided to the properly owner(s) as set forth in the Resolution.
May 24, 200S.11:47AM
S:\CQUNCIL \Admlnsl04-05 Admins\RON.Galeway.doc
ADMINISTRATIVE REPORT
The property is to be aequired in order to construet an eastbound right turn lane on the south side of
Panama Lane at Colony Street to comply with state-mandated project requirements. The property is
owned by Glen MeMenomy and leased to Bashar Najdawi for a Chevron gas station. 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(s) owner and will continue to negotiate
with the property owner(s) in hopes that we can reaeh a mutually aceeptable agreement.
In order for the property owner(s) to appear before the Couneil, 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. Proe.
§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 Neeessity by vote of two-thirds of all the members of the
Council (not two-thirds of a quorum of the members present). (Code Civ. Proe. §1245.240.) If the City
Couneil adopts the Resolution of Necessity, an aetion 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.
VGIAMS:lsc
May 24. 200S. 11:47AM
S:\COUNCIL \Admlns\04-05 Admlns\RON.Gateway.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Hearings
ITEM: II. b.
TO:
Honorable Mayor and City Council
DATE:
May 31,2005
CITY ATTORNEY
J1v
FROM:
Raul M. Rojas, Public Works Direetor
DEPARTMENT HEAD
CITY MANAGER
SUBJECT: Hearing to consider Resolution adopting eommereial refuse fees for Fiscal Year 2005/06
(3.7% proposed rate increase). (All Wards)
RECOMMENDATION:
Staff reeommends adoption of Resolution.
BACKGROUND: State law requires new fees and charges as well as increases in existing fees and
charges be adopted by ordinance or resolution following a pub lie hearing. Pursuant to Chapter 8.32 of the
Bakersfield Munieipal Code, it is the intent of the City Couneil to require the ascertainment and recovery of
costs reasonably ineurred from fees and eharges levied. This pub lie hearing provides the meehanism for
ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated eost
for providing the services for which the fees are eharged.
The last refuse rate adjustment was one year ago. Commereial Solid Waste rates for FY 2005-06, refieet
a 3.7% inerease in rates for the various services. This inerease covers inflation and operating eost
increases, maintenanee costs, and costs for street sweeping and commereial wood waste recycling.
The proposed fees would become effeetive July 1, 2005.
dm
May 31, 2005. 4:42PM
G:IGROUPDAT\AOMINRP1ì2005106-08IProp 218-Commercial 05.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Hearings
ITEM: II. e,.
DATE:
May 25, 2005
COVED
DEPARTMENT HEAD
CITY ATTORNEY µìYt!I
CITY MANAGER I1e
TO:
Honorable Mayor and City Couneil
FROM:
Raul M. Rojas, Publie Works Direetor
SUBJECT: Hearing to eonsider Resolution adopting residential refuse fees for Fiseal Year 2005/06
(3.7% proposed rate inerease). (All Wards)
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND: State law requires new fees and eharges as well as inereases in existing fees and
charges be adopted by ordinance or resolution following a publie hearing. A notice of the proposed rate
increase and the publie hearing was mailed to eaeh of the 73,371 property owners in the City. As of May
25, 2005, the City Clerk had reeeived 15 written letters protesting the refuse fee and 1 written letters
supporting the refuse fee.
Two refuse service eolleetion rates are proposed to be increased in this hearing: Single Family dwelling
and Multiple Family dwelling (up to four units) refuse serviee. The single family rate is proposed to be
increased from $154.68 per unit to $160.44 per unit per year (an inerease of 3.7%). The multi-family rate
is proposed to be inereased from $139.92 per unit per year to $145.08 per unit per year. The increase
eovers inflation and operating cost increases, maintenance eosts, and eosts for greenwaste carts and
reeycling equipment to meet the state reeycling mandates.
According to Proposition 218, if written protests against the proposed fee are presented by a majority of
the identified parcels, t,le City shall not eharge the annual proposed fee. If written protests a~ainst the
proposed fee are not presented by a majority of the identified parcels, the City Council may adopt the
proposed fee.
The proposed fees would beeome effective July 1, 2005.
Om
5/31/2005 4:44 PM
G:IGROUPOA l\AOMINRPT\2005106-08IProp 216-Residential 05.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGEN~,A S,ECTlON: Hearings
ITEM: II .£1.
TO: Honorable Mayor and City Council APPROVED
FROM: Development Services - Planning DEPARTMENT HEAD %-
DATE: June 2, 2005 CITY ATTORNEY i71r/ð (1ð'\ "¡./JJ5
CITY MANAGER ~
SUBJECT: Consolidated hearing on appeals by the City of Bakersfield Public Works Department of the
Planning Commission's decision to approve extensions of vesting rights for Tract 6087
Phase D, located south of Ming Avenue, east of South Allen Road (developer - Castle &
Cooke), and for Tract 6104, Phases 1 and 5, located north of Panama Lane and east of
Buena Vista Road (developer - Centex), and adoption of resolution overturning the
Planning Commission's decision. (Engineer - Melntosh and Associates) (Ward 5)
RECOMMENDATION:
Adopt the resolution overturning the Planning Commission's decision and approving the appeals.
BACKGROUND:
Earlier on this meeting's agenda, the Planning and Development Committee recommended adoption
of a policy not to approve extensions of time on vesting rights.
The Planning Commission took action on this request for extension of time for vesting rights. The
following summarizes the Commission's action, and status of the request:
Planning
Commission Staff
Tract # Aetion Status Reeommendation
T6104 (1& 5); May 20, 2004, vote to City Public Works appealed to Approve appeal;
T6087-D approve extension of City Council. Referred to overturn Planning
vesting rights. Planning & Dev. Committee. Commission's decision.
On January 12, 2005, the City Council conducted eonsolidated hearings on appeals by Mcintosh and
Assoeiates and Porter-Robertson Engineering regarding denial of vesting rights extensions on Tract
6086: and various phases of Tract 6087, Traet 6121, Tract 6104, Tract 6111, Traet 6127, and Tract
6128. On this same date, the City Council also conducted consolidated hearings on appeals by the
City Public Works Department of the Planning Commission's approval of vesting rights extensions on
Tract 6104, Phases 1 and 5 and on Tract 6087, Phase D.
ADMINISTRATIVE REPORT
Page 2
These matters were referred to the Council's Planning and Development Committee for further review
and determination. However, in an effort to resolve the matters for Tract 6087 Phase D, and Tract
6104, Phases 1 & 5, staff is returning these items to the City Council for action.
Definition of Vestina Riahts:
During the life of a tentative map, the subdivider with a vesting map is protected from ehanges in
ordinances, policies, and standards. The map remains subject to the ordinances, policies and
standards, including development fees, in effect at the time the map application was deemed complete
(SMA 66498.1 b). The loeal agency can add conditions to the vesting map only if it determines that
failure to do so would place the residents of the subdivision or the immediate community, or both in a
condition dangerous to their health or safety or both (SMA 66498.1 C).
Recordation of the vesting map or a phase of the vesting map triggers a time frame of one year during
which the developer of the recorded phase is still protected under vested rights. This one year mav be
extended an additional 12 months by the Planning Commission upon a timely request by the
subdivider (SMA 66452.6(g), BMC 16.24.090 C.). Under City ordinances, the vesting rights on a
recorded map would initially run for one year, and another one year if the extension were approved by
the Planning Commission.
Extension of Time for Vestina Riahts:
As state above, a subdivider has vesting rights for a one year period beginning on the recordation date
of a map or phase of a map. A subdivider may apply to extend the vesting rights of a recorded map
(or phase) for one additional year (66498.5 (b), BMC 16.24.090 C.3.). The state established the
statutory framework to shield subdivisions temporarily from changing regulations and exactions. The
request for an extension of time is a completely discretionary action by the City. No speeial findings are
necessary. The City is not obligated to grant extensions of vesting rights on recorded maps.
On November 14, 2003, phased traffic impact fees increased from $2,197 to $5,780. The park
development fee also increased from $635 to $1,275 per unit. Approval of the vesting rights extensions
for the requested phases of Tract 6104 and Tract 6087 will represent a loss of $171,057 to the City.
Rebuttal to Appellants' Letters:
The appellant is correct that the life of the vested rights would be longer if a developer recorded
phases over time rather than all at once. It is a developer's ehoice to create an assessment district,
which requires recordation of all phases at the same time. Creation of an assessment district benefits
the developer because it provides a valuable funding mechanism and marketing tool by which
improvements are constructed earlier for the convenience of the residents. The public benefits
because the infrastructure is construeted sooner than if developer recorded phases over time, and
constructed only those improvements necessary for that phase. By creating an assessment district,
the developer is balancing his choice to use a financing mechanism and the time period in which the
vesting rights remain in effect.
Environmental Determination:
In accordance with Section 15061 (b)(3), general rule, extensions of time are exempt from the
requirements of CEQA.
ADMINISTRATIVE REPORT
Page 3
Conelusion:
The City would not collect $171,057 in traffic and park development fees from Phases 1 and 5 of Tract
6104 and Phase D of Tract 6087 if the Planning Commission approvals of extensions of time on
vesting rights are not overturned. This results in other City funds, like the General Fund, being used to
cover the fees that are not colleeted. If no other funds area available, the City risks reduced levels of
service and conflict with General Plan policies, which specify certain levels of service. Analysis done
for the inereases in traffic and park fees provides supporting evidence that the higher fee is necessary
to provide the level of service consistent with the General Plan policies and design standards. Due to
the loss of significant revenue, staff reeommends denial of the extensions of time for the vesting rights
on this tract.
Jeng\ LP
S:\TRACTS\vestingextlpwd appea~vr adm 6104&6087-V2.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Hearings
ITEM: I\. t.
TO:
FROM:
DATE;
Honorable Mayor and City Couneil
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY diP ¡j¿~ Ú~
CITY MANAGER
Development Services - Planning
June 2, 2005
SUBJECT: Vestine Riehts Extensions of Time. Appealed
Resolution denying appeals by Porter-Robertson Engineering of the Planning
Commission's decision to deny extensions of vesting rights for Traet 6121, Phases 1
located on the northeast eorner of Brimhall Road and Jenkins Road (Engineer - Porter-
Robertson I Subdivider - Froehlich Signature Homes) (Ward 3)
RECOMMENDATION:
Adopt resolution upholding the Planning Commission's decision and denying the appeal.
BACKGROUND:
Earlier on this meeting's agenda the Planning and Development Committee recommended adoption of
a policy not to approve extensions of time on vesting rights.
The Planning Commission took aetion on this request for extension of time for vesting rights. The
following summarizes the Commission's aetion, and status of the request:
Planning
Commission Staff
Traet # Aetion Status Recommendation
Tract 6121, Unanimous vote to Porter-Robertson Engineering Deny appeal:
Phase 1 deny extension of (representing Froehlieh Signature uphold Planning
vesting rights. Homes) appealed to City Council. Commission's
Referred to Planning & Dev. deeision.
Committee
On January 12, 2005, the City Couneil eondueted eonsolidated hearings on appeals by Mcintosh and
Associates and Porter-Robertson Engineering regarding denial of vesting rights extensions on Traet
6086; and various phases of Traet 6087, Traet 6121, Traet 6104, Traet 6111, Tract 6127, and Tract
6128. On this same date, the City Couneil also eondueted consolidated hearings on appeals by the
City Publie Works Department of the Planning Commission's approval of vesting rights extensions on
Traet 6104, Phases 1 and 5 and on Tract 6087, Phase D.
ADMINISTRATIVE REPORT
Page 2
These matters were referred to the Couneil's Planning and Development Committee for further review
and determination. However, in an effort to resolve the matter for Tract 6121, Phase 1, staff is
returning this item to the City Council for action.
Definition of Vestina Riahts:
During the life of a tentative map, the subdivider with a vesting map is protected from changes in
ordinances, policies, and standards. The map remains subject to the ordinances, policies and
standards, including development fees, in effeet at the time the map applieation was deemed eomplete
(SMA 66498.1 b). The loeal ageney can add eonditions to the vesting map only if it determines that
failure to do so would place the residents of the subdivision or the immediate eommunity, or both in a
eondition dangerous to their health or safety or both (SMA 66498.1 C).
Recordation of the vesting map or a phase of the vesting map triggers a time frame of one year during
whieh the developer of the reeorded phase is still proteeted under vested rights. This one year mav be
extended an additional 12 months by the Planning Commission upon a timely request by the
subdivider (SMA 66452.6(g), BMC 16.24.090 C.). Under City ordinanees, the vesting rights on a
recorded map would initially run for one year, and another one year if the extension were approved by
the Planning Commission.
Extension of Time for Vestina Riahts:
As state above, a subdivider has vesting rights for a one year period beginning on the reeordation date
of a map or phase of a map. A subdivider may apply to extend the vesting rights of a recorded map
(or phase) for one additional year (66498.5 (b), BMC 16.24.090 C.3.). The state established the
statutory framework to shield subdivisions temporarily from ehanging regulations and exactions. The
request for an extension of time is a completely diseretionary action by the City. No special findings are
neeessary. The City is not obligated to grant extensions of vesting rights on recorded maps.
On November 14, 2003, phased traffle impact fees inereased from $2,197 to $5,780. The park
development fee also inereased from $635 to $1,275 per unit. Approval of the vesting rights extensions
for the requested phases of Traet 6124 would represent a total revenue loss of $89,364.
Rebuttal to APpellants' Letters:
The appellant is correet that the life of the vested rights would be longer if a developer reeorded
phases over time rather than all at onee. It is a developer's ehoiee to create an assessment district,
whieh requires reeordation of all phases at the same time. Creation of an assessment distriet benefits
the developer because it provides a valuable funding meehanism and marketing tool by which
improvements are eonstrueted earlier for the convenience of the residents. The public benefits
because the infrastructure is constructed sooner than if developer recorded phases over time, and
eonstrueted only those improvements neeessary for that phase. By creating an assessment district,
the developer is balancing his ehoiee to use a finaneing mechanism and the time period in which the
vesting rights remain in effeet.
Environmental Determination:
In accordanee with Section 15061(b)(3), general rule, extensions of time are exempt from the
requirements of CEQA.
Coneluslon:
ADMINISTRATIVE REPORT
Page 3
$89,364 in fees would be lost from the tracts being appealed by this developer. This results in other
City funds, like the General Fund, being used to cover the fees that are not colleeted. If no other funds
area available, the City risks redueed levels of serviee and eonfliet with General Plan polieies, which
specify eertain levels of serviee. Analysis done for the increases in traffie and park fees provides
supporting evidence that the higher fee is necessary to provide the level of serviee eonsistent with the
General Plan policies and design standards. Due to the loss of significant revenue, staff reeommends
denial of the extensions of time for the vesting rights on this trae!.
LP/Jeng
S:ITRACTSlveslingextI6121-1Ivr adm rpl 6121.doc
œ
ADMINISTRATIVE
REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: RE:PO~T.s
ITEM: L.\.a.
TO:
Honorable Mayor and City Council
APPROVED
DATE:
May 10, 2005
CITY ATTORNEY
61J3,
~ (6'¿Vb
At>
FROM:
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
CITY MANAGER
SUBJECT: Department Budget Presentations
1 . Rabobank Arena and Bakersfield Ice Sports Center
2. Greater Bakersfield Convention and Visitors' Bureau
RECOMMENDATION:
BACKGROUND:
The Rabobank Arena and Bakersfield Ice Sports Center and Greater Bakersfield Convention and Visitors'
Bureau will provide a detailed overview of their FY 2005-2006 proposed operating budget. The budget
overview will include discussion regarding the goals, accomplishments, and significant budget changes.
DWH:jp
5/10/2005 10:06 AM
S:\OS-06Budpro\Budge! Hearings 060aOS.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 8, 2005
AGENDA SECTION: Defer-red r>usiness
ITEM: 16.0..
TO:
FROM:
DATE:
Honorable Mayor and City Council
John W. Stinson, Assistant City Manager
June 1, 2005
APPROVED
DEPARTMENT HEAD <:J1.V3
CITY ATTORNEY
CITY MANAGER
SUBJECT: City Council Goal Setting
RECOMMENDATION: Staff recommends adoption of revised goals.
BACKGROUND:
This item includes a continuation from the May 25, 2005 meeting when the City Council reviewed and
made comments regarding the revising of Council Goals. A report showing changes to the current goals
is provided for your information. Additions or new items are shaded. Items to be deleted are shown with a
strike-out line through them. Items added from the previous Council meetings where Council made
modifications are underlined and shaded. The Council may choose to further update these goals or make
additional modifications as desired.
Staff would like to note that one item is shown in two areas. Goal #7 reflects language suggested by
Council member Scrivner at the 5/25/06 meeting. Staff is recommending this issue be addressed in the
Guiding Principles portion of the Goals document in language which appears in the attachment.
The goals continue to incorporate many items identified in the Greater Bakersfield Vision 2020 report and
provide poliey guidance to staff for budgetary and program implementation.
June 1. 2005, 2:38PM
S:\Admin Rpts\2005\Council goals admin-06-0B-05.doc
JWS:al
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 25, 2005
Couneil Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard
Couneilmembers Carson, Benham, Couch,
Hanson, Sullivan (seated at 5:21 p.m.),
Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
Mayor announeed the City Attorney budget
presentation seheduled under item 3.a.1. is being
moved to Reports item 14.b.
3. WORKSHOP
a. Department Budget Presentations:
1 . City Attorney
2. Finance Department and Revenue Overview
Finanee Direetor Klimko introdueed his sueeessor,
Nelson Smith, who made the Finanee Department
budget presentation and provided written material.
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Bakersfield, California, May 25,2005 - Page 2
4.
CLOSED SESSION
a. Conferenee with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Robert PrattlRaehelle Scudder v. City, et al.
2. John Nelson, et al v. City, et al.
3. Roxanne Ayala, et al v. K. C. Environmental
Health, et al. and, People of the State
of California v. Roxanne L. Ayala, et al.
Motion by Vice-Mayor Maggard to adjourn to Closed
Session at 5:30 p.m.
Motion by Councilmember Couch to adjourn from
Closed Session at 6:39 p.m.
RECONVENED MEETING - 6;45 p.m.
5. ROLL CALL
Present:
Mayor Hall, Viee-Mayor Maggard,
Councilmembers Carson, Benham, Coueh,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Dr. Frank D. Ward, Pastor, Columbus
Street Baptist Church.
7. PLEDGE OF ALLEGIANCE by Jennifer Varner, 4th Grade
Student, SI. John Lutheran Elementary Sehool.
City Manager Tandy introduced the newly hired
Reereation & Parks Direetor, Dianne Hoover.
Mayor Hall reeognized Ridgeview High Sehool
students and Boy Seout 177 along with their Troop
Master, Bill D'Oliver, in attendanee at the meeting.
ACTION TAKEN
APPROVED
APPROVED
Bakersfield, California. May 25, 2005 - Page 3
8.
CLOSED SESSION ACTION
a.
Conferenee with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Robert PratURachelle Scudder v. City. et al.
2.
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.
9. PRESENTATIONS
3.
a. Presentation by Mayor Hall of Commendation
Certificates to Carla Pearson and Bakersfield
Police Offieer Jason Townsend for being honored by
Mothers Against Drunk Drivers.
b. Presentation by Councilmember Coueh of Couneil
Proclamation to members of the "Life Interrupted"
Program.
Naney Chaffin aceepted the Proclamation on behalf
Donna Belhumer, Tina Antak and BPD offieer
Don Cegielski and the program.
10. PUBLIC STATEMENTS
None.
11. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 11, 2005 Regular
Couneil Meeting.
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.
_ ~_ ·ú...."..._,__+__,_'·..···_·,_··__~___··_,·_ ~..._...~'_~._'_.
._,.M__~__··_
ACTION TAKEN
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
Bakersfield, California, May 25, 2005 - Page 4
11.
CONSENT CALENDAR continued
Ordinances:
c.
Adoption of Ordinance approving the Notice of
Exemption and amending Title 17 of the
Munieipal Code deleting a eondition of approval
whieh required an equestrian trail located generally
between Allen Road and the Kern River along
Goose Lake Slough. (GPAlZC 04-1550)
Adoption of Ordinanee approving the Negative
Deelaration and amending Title 17 of the Munieipal
Code and Zoning Map No. 122-24 from A-20A
(Agriculture-20 aere minimum) to R-1 (One Family
Dwelling) on 30 ± aeres loeated 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. (GPAlZC 04-1745)
Adoption of Ordinanee approving the Negative
Deelaration and amending Title 17 of the
Munieipal 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).
(GPAlZC 03-340) (Applicant: Pinnacle Engineering,
representing CRT Land Company, Inc.)
Adoption of Ordinanee approving the Negative
Declaration and amending Title 17 of the Munieipal
Code and Zoning Map No. 102-30 from R-S-10A
(Residential Suburban 10 aere minimum) to C-
O/PCD (Professional and Administrative
Offiee/Planned Commereial Development) on 7.5
aeres located at the northwest corner of Brimhall
Road and Calloway Drive. (GPAlZC 04-0847)
(Applicant: Porter-Robertson Engineering,
representing David Wilson)
d.
e.
f.
Resolutions:
g. Two-way Radio Equipment for the Police
Department:
1.
Resolution determining that two-way radio
equipment for the Poliee Department
cannot be obtained through usual bidding
proeedures due to the need to integrate
into the existing radio system infrastrueture
and authorizing the Finance Direetor to
dispense with bidding therefore, not to
exeeed $96,000.00.
ACTION TAKEN
ORD 4256
ORD 4257
ORD 4258
ORD 4259
RES 106-05
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Bakersfield, California, May 25, 2005 - Page 5
11.
CONSENT CALENDAR continued
Item 11.g. continued
ACTION TAKEN
h.
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 eommereial shopping eenter in a C-
2/PCD (Commereial/Planned Commereial
Development) zone loeated on the southeast corner
of Panama Lane and Stine Road. (Projeet No. 04-
1716).
RES 107-05
i. Resolution authorizing the application for State RES 108-05
grant funds and partieipation in the Building AGR 05-186
Equity and Growth in Neighborhoods (BEGIN)
Program including the execution of a standard
agreement or other doeuments to seeure funding
from the California Department of Housing and
Community Development (HCD).
j. Assessment Distriet No. 05-1 (City in the Hills):
1. Resolution approving boundary map. RES 109-05
2. Resolution of Intention No. 1384. RO/1384
3. Resolution aeeepting petition and RES 110-05
determining to undertake speeial
assessment proceedings.
4. Agreement with Wilson & Assoeiates for AGR 05-187
assessment engineering services.
5. Agreement with Orriek, Herrington & AGR 05-188
Suteliffe, Bond Counsel, for legal serviees.
6. Agreement with Pillsbury Winthrop Shaw AGR 05-189
Pittman, LLP, Disclosure Counsel, for
legal serviees.
7. Agreement with Mountain View Bravo, LLC AGR 05-190
for deposit and reimbursement.
k. Resolution of Intention No. 1385 to add territory, RO/1385
Area 1-57 (Allen, Palm NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Publie Works Direetor's
Report.
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Bakersfield, California, May 25, 2005 - Page 6
11. CONSENT CALENDAR eontinued ACTION TAKEN
I. Amendment No. 12 to Resolution No. 44-93 setting RES 44-93(12)
salaries and related benefits for the Temporary Unit
(Aquaties Specialist II).
Agreements: AGR 05-191
m. Final Map and Improvement Agreements with AGR 05-192
AGR 05-193
Cherry Hill, Ine. for Traet 6153 Units 3 & 4 located AGR 05-194
south of Reina Road and west of Jewetta.
n. Sub-reeipient Agreement with Bakersfield AGR 05-195
Redevelopment Ageney for the commitment of
$1.135 million HOME Investment Partnership Funds
earmarked for affordable housing in the Baker
Street Mixed Use Projeet.
o. Agreement with Southwestern Bell Company to AGR 05-196
extend long distanee telephone serviees.
p. Outside Legal Services:
1. Amendment NO.1 to Agreement No. 04-381 AGR 04-381(1)
with Clifford & Brown ($75,000.00, total
contraet not to exeeed $150,000.00) for legal
serviees in the matters of Robert Pratt
v. City, et al; and, Raehelle Seudder v. City,
et al.
2. Amendment NO.1 to Agreement No. CA04- AGR 05-197
054 with Marderosian, Runyon,
Cereone, Lehman & Armos ($75,000.00,
total contraet not to exeeed $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- AGR 05-198
004 with Marderosian, Runyon, Cercone,
Lehman & Armos ($50,000.00, total eontract
not to exeeed $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. 1 to Agreement No. 04- CC01 AGR 04-339
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 AGR 04-135(1)
Jim Alfter Cement Contractor to extend term of
agreement six (6) weeks for eon crete eonstruetion
within the City.
Bakersfield, California, May 25, 2005 - Page 7
11.
CONSENT CALENDAR eontinued
Bids:
Aecept bid to award contraet to Loop Electrie
($37,665.00) for installation of a flashing beacon on
4th Street at MeKinley Sehool.
t. Aeeept bid to award eontraet to Bakersfield Well &
Pump Co. ($337,210.00) for drilling and pump
testing one (1) domestie water well, Station CBK-46.
s.
Aecept bid to award annual eontraet to Gilliam &
Sons, Ine. dba Valco Construction Company (not to
exceed $1,358,000.00) for earthmoving and hauling.
v. Extend bid from Coalinga Motors, Ine. ($32,996.88)
for two (2) additional pickup trucks for the Streets
Division.
u.
Miscellaneous:
w. Position Reclassifieations:
1. Aceounting Clerk II to Revenue Program
Aide, Publie Works Administration.
2. Supervisor I to Supervisor II, Reereation and
Parks, Reereation Division.
3. Maintenanee Craftworker II to Supervisor I,
Reereation and Parks. Parks Division.
x. Miseellaneous Appropriations:
1. Transfer $20,000.00 Capital Improvement
Budget for Westside Parkway to Publie
Works Department Operating Budget for
same projeet within the ISTEA Fund.
2. Appropriate $700,000.00 Equipment Fund
Balanee to Publie Works Department
Operating Budget for inereased fuel costs.
3. Appropriate $75,000.00 additional revenue
to Public Works Department Operating
Budget for unanticipated expenses within the
Development Serviees Fund.
4. Appropriate $560,000.00 Sewer Enterprise
Fund Balanee to Publie Works Department
Operating Budget for inereased operating
eosts.
ACTION TAKEN
AGR 05-199
AGR 05-200
AGR 05-201
ASS COUCH
Bakersfield. California, May 25, 2005 - Page 8
11.
CONSENT CALENDAR continued
Item 11.x. eontinued
5. Transfer $335,000.00 Capital Improvement Budget
for various CIP projeets to Public Works Department
Operating Budget for street maintenanee within the
Gas Tax Fund.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 11.a. through 11.x., with
Councilmember Couch abstaining from item 11.u. as
the unsuccessful bidder is a source of income to him.
12. CONSENT CALENDAR HEARINGS
a. Protest hearing for proposed Assessment District
No. 04-3 (SoleralRio Vista):
1.
Resolution approving Final Engineer's
Report, levying assessments. ordering
improvements and authorizing and direeting
related actions.
Resolution approving form and substanee of
reimbursement and diselosure agreement
and authorizing ehanges thereto and
exeeution thereof.
2.
3.
Resolution approving form and substance of
preliminary official statement and bond
purehase contraet.
Resolution determining assessments
remaining unpaid.
Resolution authorizing issuance of bonds.
4.
5.
Hearing opened at 7:06 p.m.
No one spoke.
Hearing elosed at 7:06 p.m.
Motion by Vice-Mayor Maggard to adopt item 12.a.
ACTION TAKEN
APPROVED
RES 111-05
RES 112-05
RES 113-05
RES 114-05
RES 115-05
APPROVED
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Bakersfield, California, May 25, 2005 - Page 9
13.
HEARINGS
a.
Hearing to eonsider Resolution of Necessity to
determine whether the public interest and neeessity
require aequisition by eminent domain of "right-of-
way" property loeated near the interseetion of
Highway 178 and Masterson Street (Croad property)
for the Masterson Street alignment projeet.
City Clerk MeCarthy announeed eorrespondenee
was reeeived from Martin and Patricia Croad
requesting the opportunity to speak in opposition to
the proposed aequisition.
City Attorney Gennaro made staff eomments.
Hearing opened at 7:09 p.m.
John Wilson, Engineer, spoke on behalf of the
Croads in opposition to the acquisition.
Hearing closed at 7:13 p.m.
Viee-Mayor Maggard asked questions regarding the
notification of the property owners. City Attorney
Gennaro and Miehael Abril, Esq., partner with the
law firm of Borton, Petrini and Con ron, serving in the
capacity of outside counsel for the City of
Bakersfield, responded.
Motion by Vice-Maggard to adopt the Resolution of
Necessity.
b.
Hearing to eonsider Resolution of Neeessity to
determine whether the public interest and
neeessity require acquisition by eminent domain of
"right-of-way" property located near the interseetion
of Highway 178 and Masterson Street (Nalbandian
property) for the Masterson Street alignment projeet.
City Attorney Gennaro made staff eomments.
Hearing opened at 7:29 p.m.
John Wilson, Engineer, spoke on behalf of the
Croads, in opposition to the staff recommendation
due to the bearing the acquisition of the Nalbandian
property would have on the Croad property.
ACTION TAKEN
RES 116-05
APPROVED
RES 117-05
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Bakersfield, California, May 25,2005 - Page 10
13.
HEARINGS continued
Item 13.b. continued
Miehael Abril, Esq., Borton, Petrini and Conron, on
behalf of the City of Bakersfield, spoke in support of
the staff reeommendation and noted the owners of
the Nalbandian property had been notified.
Hearing closed at 7:29 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution
of Necessity.
14. REPORTS
b. Department Budget Presentations:
1. City Attorney
City Attorney Gennaro, assisted by Administrative
Analyst Luda Fishman, made a computer
presentation and provided handouts.
a. Couneil Goals and Objeetives.
City Manager Tandy and Assistant City Manager
Stinson gave the staff presentation.
15. COUNCIL AND MAYOR STATEMENTS
Councilmember Couch submitted a letter and
requested the Public Works Director respond.
Councilmember Couch made comments regarding
LAFco, the Sphere of Influence, planning and
annexation issues and the need to cooperate with
the City of Shafter, and requested staff contact the City
of Shafter and extend an invitation to meet for
discussions.
Councilmember Couch requested staff review
information provided by Dana Adams with the
Community Connection for Child Care, regarding the
impact of new development on child care, whether that
would be considered in an EIR, and whether child
care facilities would be provided.
Councilmember Couch requested Planning and
Development Committee review conditions for
closing/removing large retail facilities, such as Costco,
when the business relocates.
ACTION TAKEN
APPROVED
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Bakersfield, California, May 25,2005 - Page 11
15.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Couch requested
Development Committee address
standards for big box stores.
Planning and
implementing
Councilmember Coueh requested Planning and
Development Committee address the issue of
abandoned and non-producing oilwells and the
handling of mineral rights when a developer purchases
property.
Councilmember Couch requested Water Services
Director Core provide information regarding
policy for locking of canal gates in the City limits
and delineate the responsibility for gate locking.
Councilmember Couch requested the City Attorney
provide information regarding law on appointments to
LAFco.
Couneilmember Coueh announced Kid's Day is August 7'"
and extended an invitation for everyone to attend.
Councilmember Carson thanked Donna
EDCD staff for hosting the community
meeting at MLK Park regarding eommunity
Kunz and the
informational
development.
Councilmember Carson requested an update regarding
the timeline for sewer installation on the north side of
Stockdale Hwy. near Candy and Old Stine.
Councilmember Carson requested information
regarding responsibility of the City in assuring
canal safety. City Manager and Water Resources
Manger Core responded.
Councilmember Benham requested staff work with
Golden Empire Transit to facilitate moving of the
bus stop near the Garces Circle at 3ff1' and F Streets
to a safer location.
Councilmember Benham requested Police and Pub(/c
Works staffs address ongoing concerns regarding
speed limit and speeding near 18'" Street and Jastro
Park.
Councilmember Benham provided a petition from
residents of Elm at 2r Street and requested Public
Works staff proceed with the street closure.
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Bakersfield, California, May 25,2005 - Page 12
15.
COUNCIL AND MAYOR STATEMENTS eontinued
ACTION TAKEN
Council member Benham expressed support for
Couneilmember Coueh's request to meet with City of
Shatter officials to discuss LAFeo issues.
Council member Benham announced she had attended the
Kern County Law Enforcement Foundation Spring Awards
Luncheon where two awards were presented to BPD
offieers, Joe Aldana and Matt Hilliard.
Councilmember Benham announced she had reeeived
eorrespondenee from Rev. Madelyn Elsie, Trinity United
Methodist Chureh, eommending employees Andra Perry
and Guy Bowers for their efforts in eombating graffiti.
Councilmember Hanson made eomments regarding the
Dryer's ice cream plant expansion and the Kaiser
Permanente opening of a farmer's market.
Councilmember Hanson noted weeds in Ward 5 are a
tremendous problem and requested staff address
the issue.
Councilmember Hanson provided information and
requested Code Enforcement investigate a
residence where large birds are being kept.
Councilmember Hanson requested staff evaluate the
quality of playground equipment in Westwold Park.
Councilmember Sullivan provided information and
requested staff investigate a vacant house with
stagnant water in the pool at 5323 Appletree.
Councilmember Sullivan expressed appreciation for the
removal of an abandoned house on the northwest eorner of
Tatt Hwy. and Stine Rd.
Council member Sullivan expressed pleasure at the cleanup
of the Home Depot property on Ming Avenue.
Councilmember Serivner thanked staff for responses to
referrals.
Councilmember Serivner expressed support for the
community proseeutor element in the City effort to combat
graffiti.
Councilmember Serivner made comments regarding big
box stores.
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Bakersfield, California. May 25.2005 - Page 13
15.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Couneilmember Serivner requested an update on the White
Lane overpass. Publie Works Direetor Rojas responded.
Couneilmember Sullivan weleomed the new Reereation and
Parks Direetor Diane Hoover.
Viee-Mayor Maggard made eomments regarding the big
box issue and leases.
Vice-Mayor Maggard made eomments regarding the Field
of Honor on Veterans Day Sunday.
Vice-Mayor Maggard requested staff investigate
Fresno's use of federal monies to hire new police
officers and po~sible use of the information to hire
additional officers in the City.
16. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:01 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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