HomeMy WebLinkAbout10/26/05_CC_AGENDA_PACKET
BAKERSFIELD CITY COUNCIL
AGENDA
OCTOBER 26, 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. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
(10min)
a.
Update on California State University - Bakersfield. (Presentation by CSUB President, Horace
Mitcheii)
4. CLOSED SESSION
a. Conference with Bill Avery, Labor Negotiator; Closed Session pursuant to Government Code
Section 54957.6.
b. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9, for the following cases:
1. Gloria Navarro, et al v City, et al
2. Essex Insurance Company v City, DAR.E., Inc., et al
3. Elizabeth Ann Peel, et al v City, et al
4. Moises Quintero, et al v City
c. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code Section 54956.9. (Two items)
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Reverend Jon R. Christenson, Redeemer Lutheran Church.
7. PLEDGE OF ALLEGIANCE by Mohammed Mobashir, 9th Grade Student at Bakersfield Adventist
Academy.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamations to Ann Smart from Optimal Hospice, Ken Wieck
from Odyssey Hospice, and Tom and Beth Hoffman from Hoffman Hospice, proclaiming
November, 2005, as National Hospice Month.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. One appointment to the Local Agency Formation Commission (LAFCO) due to the passage
of Senate Bill 967.
Staff recommends Vice-Mayor determination.
12. CONSENT CALENDAR
(Ward 3)
(Ward 4) d.
(Ward t ,2,3,7) e.
g.
(Ward 7) h.
(Ward 2) i.
(Ward 4)
(Ward 4)
(Ward 1)
Minutes:
a. Approval of minutes of the October 12, 2005 Regular City Council Meeting.
Payments:
b. Approval of department payments from September 30, 2005 to October 13, 2005 in the
amount of $6,218,772.39 and self insurance payments from September 30, 2005 to
October 13, 2005 in the amount of $168,185.79.
Ordinances:
c.
First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020
(Zone Map No. 104-17) of Title 17 of the Municipal Code by changing the zoning from R-1
(One Family Dwelling) zone to PUD (Planned Unit Development) zone on 55.83 acres
generally located on the north side of State Route 178, approximately % mile east of future
Vineland Avenue (City in the Hills). (File #05-0502)
Resolutions:
Resolution adding territory, Area 1-52 (Brimhall, DePetro N) 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.
Resolution confirming the approval by the Assistant City Manager of the Chief Code
Enforcement Officer's report regarding assessments of certain properties in the City for
which structures have been secured against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection the assessments by the Kern County Tax
Collector.
f. Resolution approving the destruction of certain obsolete City records, documents,
instruments, books and papers, pursuant to Government Code Section 34090 et seq. for the
Development Services Department.
Resolution approving request to file extension of time with the State of California,
Department of Transportation, for the Mohawk Street Grade Separation funds.
Resolution of Intention No. 1411 to order the vacation of a portion of Crosswind Way east of
Windchime Court.
Resolution of Intention No. 1412 to order the vacation of the strip of land on 26th Street,
approximately 11.25 feet wide, between M Street and alley.
Agreements:
j.
Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreement with Centex Homes for Tract 6118 Phase 8,
located south of Snow Road and west of Old Farm Road.
k.
2. Final Map and Improvement Agreement with Centex Homes for Tract 6195 Phase 7,
located south of Snow Road and east of Allen Road.
Agreement with Lennar Homes of California, Inc. ($75,000.00) to purchase real property
located west of New Stine Road, east of Mountain Ridge Drive, south of McKee Road and
north of Taft Highway for a water well site.
Agreement with Bakersfield Senior Citizen Center ($50,000.00, FY 2005-06 Community
Development Block Grant (CDBG) funds) for operational expenses at the center located at
530 4th Street.
I.
2
......__...._,~-----'-_·,··._o_~_· .._._~"~____~___
(Ward 2)
(Ward 4)
(Ward 3)
(Ward 3)
(Ward 1)
(Ward 2)
12. CONSENT CALENDAR continued
m.
Agreement with Alliance Against Family Violence and Sexual Assault ($15,000.00,
Emergency Shelter Grant (ESG) funds) for operating costs necessary to continue services.
Transmission lines and tower at southwest corner of Coffee Road and Norris Road:
n.
1. Actual Cost Contract with P. G. & E. ($308,323.00) to relocate transmission lines and
tower.
2. Appropriate $200,000.00 fund balance to the Capital Improvement Budget within the
Transportation Development Fund.
o. City Physician Services:
1. Agreement with Central Valley Occupational Medical Group, Inc.
2. Agreement with Business Health Network/Southwest Urgent Care Center, Inc.
p. License Agreement with CompuCom Systems, Inc., ($224,326.49) to provide Microsoft
licenses for 964 computers.
State Route 178 Shoulder Widening Project:
1. Amendment No. 1 to Agreement No. 05-083 with State of California Department of
Transportation ($171,300.00, for a revised not to exceed amount of $751,300.00) for
construction of shoulder widening on State Route 178 from approximately Fairfax
Road to the entrance of the Kern River Canyon.
2. Appropriate $171 ,300.00 fund balance to the Capital Improvement Budget within the
Transportation Development Fund.
r. Amendment NO.1 to Agreement No, 05-152 with Pavement Recycling System ($600,000.00,
for a revised total amount of $1,000,000.00) for cold planing for the Streets Division.
q.
s.
Amendment NO.1 to Agreement No. 98-145 with Bryan A. Stirrat & Associates ($67,000,00,
for a revised total not to exceed $$317,000.00) for preparation of a grading plan for the
Bakersfield landfill closures.
t. Amendment NO.2 to Agreement No. ED02-017 with Environmental and Safety Management
Services, Inc. (not to exceed $35,000.00) for lead-based paint evaluation services for HUD
eligible housing programs.
Bids:
u.
Accept bid from Kern Electric Distributors ($28,073,76) for a 3200 amp circuit breaker for
Wastewater Treatment Plant #2.
Demolition of Improvements:
1. Accept bid to award contract to Valley Tree & Construction ($192,824.00) for
demolition of improvements at 1001-1011 Baker Street and 706-710 Kentucky Street.
2. Transfer $123,853.00 Community Development Block Grant funds from the
Economic & Community Development Operating Budget to the Capital Improvement
Budget.
Miscellaneous:
v.
Staff recommends adoption of Consent Calendar items a through v.
3
.' .._' ._._._..__..,_u_._·······__
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider the proposed expenditure plan for the Supplemental Law
Enforcement Services Funding (S.L.E.S.F.) grant, per Government Code 30061 (Law
Enforcement Services).
1. Appropriate $16,939.00 State Grant revenues to the CIP Budget (Project #P5H005)
within the S.L.E.S.F. Fund.
Staff recommends approval of the proposed expenditures and appropriation.
14. HEARINGS
15. REPORTS
a. Personnel Committee Reports:
1. Majority Report regarding Health Insurance Plan Renewals.
2. Minority Report regarding Health Insurance Plan Renewals.
Personnel Committee recommends:
1. Accept Majority Report and implement recommendation; or,
2. Accept Minority Report and implement recommendation
Note: Insurance Committee has submitted an alternate proposal
b. Update on Wastewater Treatment Plant 3 Expansion. (Staff presentation by Raul Rojas, Public
Wol1<s Director.)
Staff recommends Council determination.
c. Ward Reapportionment Process.
Staff recommends Council discuss and give direction to staff.
16. DEFERRED BUSINESS
17. NEW BUSINESS
18, COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
~~
¡h~- ~T
Alan Tandy
City Manager
10/20/05 3:22pm
4
AGENDA HIGHLIGHTS
OCTOBER 26, 2005 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
WORKSHOP
California State University Bakersfield President, Horace Mitchell will give a brief update regarding the
status of the University.
CLOSED SESSION
There will be a conference with the labor negotiator, and a conference with legal counsel regarding four
cases of existing litigation and two cases of potential litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
APPOINTMENTS
There will be one appointment to the Local Agency Formation Commission (LAFCO).
CONSENT CALENDAR
Ordinances
Item 12c. First Readino of an Ordinance Amendino the Municioal Code bv Chanoino the Zonino on
55.83 Acres Generallv Located on the North side of State Route 178. Aooroximatelv 14 Mile East of
Future Vineland Avenue. City in the Hills proposes this zone change from R-1 (One-Family Dwelling) to
PUD (Planned Unit Development) in order to allow construction of a single-family residential
development. No one spoke at the August 18, 2005 Planning Commission meeting in opposition to the
project.
Aareements
Items 121.and 12m. Aoreements with Bakersfield Senior Citizen Center ($50.000 of CDBG Funds) and
Alliance Aoainst Familv Violence and Sexual Assault ($15.000 of Emeroencv Shelter Grant Funds) to
SUDoort the ODeratina Costs Necessary to Continue Services at Each Facility, BSC received CDSG
funds to meet operations expenses in both FY 2003-04 and 2004-05, and is requesting funding again
this year. BSC requested funds again to meét the increasing cost of delivering services to senior
citizens.
As a part of the FY 2005/06 budget process, Council approved, in principle, the funding for the Alliance
Against Family Violence and Sexual Assault of up to $15,000 for eligible ESG activities, $8,000 of which
will be used for operational expenses. All activities funded with the ESG grants will be completed within
one calendar year of execution of the agreement.
Item 120. Phvsician Aoreements with Central Vallev Occuoational Medical Grouo. Inc. and Business
Health Network/Southwest Uroent Care Center. Inc. The agreements are for a three-year period
commencing November 1, 2005. Services include pre-employment physicals; treatment for work related
injuries; hazmat physicals; fitness for duty exams; and drug and alcohol testing. There will be no
significant increase in fees for services from those set in 2002.
Agenda Highlights
October 26, 2005
Page 2
Four medical providers submitted responses to an RFP, and all four were selected to participate in the
oral interview process. The medical providers were rated on their knowledge of the workers'
compensation system, general medical competence, customer service, and range of services. The top
two providers selected were Central Valley Occupational Medical Group and Business Health
Network/Southwest Urgent Care Center as they best met the City requirements. Staff recommends
continuing the current arrangement, which is that Central Valley Occupational Medical Group provides
services to police and miscellaneous employees, and Business Health Network/Southwest Urgent Care
Center provides services to fire employees.
Item 12p. License Aareement with ComouCom Svstems. Inc.. to orovide Microsoft Licenses for 964
Comouters in the amount of $224.326.49. In August, 2004, Council approved a 5-year Enterprise
Agreement with Microsoft Corporation that allows the City to install the latest version of Microsoft
products. The agreement covers server and desktop software that is used for producing letters and
spreadsheets and for running the City's Servers, databases and website. The bill for this year is
$224,326.49. This amount is available in the Information Technology operating budget.
Item 12q. Amendment No.1 to Coooerative Aareement No. 05-083 with State of California Deoartment
of Transoortation for Construction of Shoulder Widenina on State Route 178 from Aooroximatelv Fairfax
Road to the Mouth of the Kern River Canvon in the amount of $171.300 (for a revised not to exceed
amount of $751.300). The original Agreement provided for the City to pay Cal Trans for the actual cost
to increase the pavement thickness, with the compensation not to exceed $580,000. The bids actually
received by Cal Trans were higher than originally anticipated. Based on this, the cost is now estimated
to be $683,000. The Amendment provides for a 10% contingency, which brings the maximum
compensation up to $751,300. The City is obligated to pay only for the actual costs incurred by the
State. Since this project is on the facilities list for the Metropolitan Bakersfield Traffic Impact Fee, funding
for this Amendment is requested from the Transportation Development Fund.
Item 12r. Amendment NO.1 to Aareement No. 05-152 with Pavement Recvclina Svstem for Cold
Planina for the Streets Division (addina $600.000 to total comoensation amount: revised total contract
amount $1.000.0oo\. The annual contract for cold planing and truck rental is exhausted due to the
accelerated street resurfacing/reconstruction program that is currently being performed. Staff
recommends increasing the annual contract to pay not only for cold planing and truck rental that is
needed on projects that are currently in progress, but also for pending scheduled resurfacing projects.
Staff estimates that the amount requested is sufficient to cover cost for the remaining period of the
annual contract, which expires April 13, 2006.
~
Item 12v. Award Contract to Vallev Tree & Construction for Demolition of ImDrovements at 1001-1011
Baker Street and 706-710 Kentuckv Street in the amount of $192.824. This demolition will complete the
clearing of the block between Baker and King Streets, and Kentucky and Lake Streets for redevelopment
by Economic & Community Development. This project is funded entirely with U.S. Department of
Housing and Urban Development (HUD) block grant funds. Three acceptable bids were received. Staff
recommends award to Valley Tree & Construction.
CONSENT CALENDAR HEARINGS
Item 138. Public Hearina to Consider the Prooosed Exoenditure Plan for the Suoolemental Law
Enforcement Services Fundina (SLESF) Grant. The City received $426,989 in SLESF funding. Before
spending these monies, a hearing must be conducted to determine how they should be spent. The
Police Department requests that the entire amount be used toward the Fire/Police Sub-Station #5.
Agenda Highlights
October 26, 2005
Page 3
REPORTS
Item 15a. Maioritv and Minority Personnel Committee Reports reaardina Health Insurance Plan
Renewals. The Personnel Committee has had several meetings with Buck Consultants to assess
potential changes in our health care plans designs to determine which changes were needed and to
understand changes the federal government is making in regard to Medicare. The consultants initially
estimated a rate increase of about 9%, however the resulting number was actually 14%.
Before the City Council are two reports from the Personnel Committee. The Majority Report
recommends a number of health insurance plan changes. The Minority Report is a compromise position
proposal offered by Councilmember Harold Hansen. Mr. Hansen made it clear that if all the employee
bargaining groups do not accept it, then it is to be withdrawn.
The Insurance Committee met on October 19, 2005 and did not accept either the Majority or Minority
Reports. Instead, they proposed specific plan changes of their own. While it is clear the Insurance
Committee recommendation costs more than the Majority or Minority Reports, there was inadequate
time between the Wednesday afternoon Insurance Committee meeting and Friday's packet delivery to
calculate the costs, They will be provided to you separately.
The City's health care contracts expire in December 2005. It is important that the health plan changes
and rates be finalized on October 26th so that our employees can have sufficient time to make
decisions about their medical insurance coverage prior to the new contracts taking effect.
Item 15b. Update on Wastewater Treatment Plant 3 Expansion. The Public Works Director will present
an update on the design phase of the Wastewater Treatment Plant 3 expansion project. Topics to be
covered will include expanded future sewer service areas, plant effluent design decisions, construction
costs, and schedule.
Item 15c. Ward Reapportionment. Ward maps were provided to the City Council at a previous
workshop. Examples of possibilities were provided to the Council to initiate the process. The goal of re-
apportionment is to balance wards to within +/- 10 percent of projected population.
Approved:
Alan Christensen, 11 í 'ú
Assistant City Manager ~
co: Department Heads
Rhonda Smiley, Public Relations
City Manager's File
City Clerk's Office
News Media File
--- .-.,.._--'._-', -.._, --'---"-- -.... ._~,-
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Workshop
ITEM: _?¡. Cl.
FROM:
Mayor Harvey L. Hall
DEPARTMENT HEAD
TO: Honorable Mayor and City Council
CITY ATTORNEY
CITY MANAGER Iff
SUBJECT: Presentation by Dr. Horace Mitchell, President of California State University, Bakersfield,
regarding CSUB update.
DATE:
October 14, 2005
RECOMMENDATION:
BACKGROUND:
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October 14, 2005, 2:59PM
S:\MAYORIADMIN\CUSB UPDATE.dol
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Closed Session
ITEM: I.j. a..
TO:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
APPROVED
VG-
VG.--
FROM:
DATE:
October 13, 2005
CITY MANAGER ~
SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section
54957.6
VG:do
S:ICOUNCILICI SesslAdminsI05-D6110-26-05 LaborNegdot.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA ~ECTION: Closed Session
ITEM: 1-\. O.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡/c;
¡Ie-
!1û
October 13, 2005
SUBJECT: Conference with Legal Counsel- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
· Gloria Navarro, et al. v. City of Bakersfield, et al.
Kern County Superior Court Case No. S-1500-CV-254712-SPC
· Essex Insurance Company v. City of Bakersfield, DAR.E:, Inc., et al.
Kern County Superior Court Case No. S-1500-CV-256273-AEW
· Elizabeth Ann Peel, et al v. City of Bakersfield, et al
Kern County Superior Court, Case No, S-1500-CV-254827-SPC
· Moises Quintero, et al v. City of Bakersfield
Kern County Superior Court, Case No. S-1500-CV-255221-SPC
VG:do
S:ICOUNCI L ICI SesslAdmins\05-06\ 1 0-26-05Existlitdoc
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Closed Session
ITEM: 4, e.
TO:
FROM:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡/c;..
t/G-
ÆTt/
DATE:
October 13, 2005
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9.
(two items)
VG:do
S:ICOUNCI L ICI SesslAdminsl05-0611 0-26-05 Potential.dot
October 13, 2005, 11 :40AM
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Presentations
ITEM: q.~.
DATE:
Mayor Harvey L. Hall
October 13, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO:
FROM:
Honorable Mayor and City Council
ftL/
SUBJECT: Presentation by Mayor Hall of Proclamations to Ann Smart from Optimal Hospice, Ken
Wieck from Odyssey Hospice, and Tom and Beth Hoffman from Hoffman Hospice,
proclaiming November, 2005. as National Hospice Month.
RECOMMENDATION:
BACKGROUND:
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October 13, 2005, 12:15PM
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ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Appointments
ITEM: II. a. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
October 14, 2005
APPROVED
DEPARTMENT HEW
CITY ATTORNEVÐo Þf1¿ 1/(;
CITY MANAGER k
SUBJECT: One appointment to the Local Agency Formation Commission (LAFCO) due to the adoption
of Senate Bill 967.
RECOMMENDATION:
Staff recommends Vice-Mayor determination.
BACKGROUND:
There is one appointment to the Local Agency Formation Commission (LAFCO) due to the passage of
Senate Bill 967. This legislation states that the city with the largest population in Kern County receives a
seat on LAFCO. At this time that distinction rests with the City of Bakersfield. In accordance with the
Municipal Code, the Vice-Mayor makes the City appointments and thus, also to LAFCO. The term of
appointment wiil run concurrent with the term of the Vice-Mayor. The appointee will attend the LAFCO
meetings commencing 2006, and the City will have representation until it no longer has the largest
population in Kern County.
The duties of LAFCO are to review and approve or disapprove with or without amendment, wholly,
partially or conditionally, proposals for the incorporation of cities, formation of special districts, annexation
of territory to local agencies, exclusion of territory from a city, disincorporation of a city, consolidation of
two or more cities, and the development of a new community. -
October 17, 2005, 2:23PM
S:\Bds&CommIMISC\lAFCO ADMIN Oct 26 2005.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent Calendar
ITEM: l.l. (A..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
APPROVED
DEPARTMENT HEAD~ Pm c....,
CITY ATTORNEY
CITY MANAGER Æ: ;-
I
October 13, 2005
SUBJECT: Approval of minutes of the October 12, 2005 Council meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
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_.__,,______.. .,..~..___.-~.M.-
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Consent Calendar
ITEM: l~. b.
TO: Honorable Mayor and City Council
FROM:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
DATE:
October 13, 2005
CITY MANAGER
Iþ-/
SUBJECT: Approval of department payments from September 30, 2005 to October 13, 2005 in the
amount of $6,218,772.39 and self insurance payments from September 30, 2005 to
October 13, 2005 in the amount of $168,185.79.
RECOMMENDATION:
Staff recommends approval of payments totaling $6,386,958.18.
BACKGROUND:
klg
October 13, 2005, 3:33PM
S:\KimGIForms & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent
ITEM: léL c...
TO: Honorable Mayor and City Council APPROVED
FROM: Stanley C. Grady, Development Services Department DEPARTMENT HEAD ~
DATE
October 19, 2005
CITY ATTORNEy])n AJ1¿ I2m:s-
CITY MANAGER
ft/
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map
No. 104-17) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from and R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone on
55.83 acres generally located on the north side of State Route 178, approximately y.¡ mile
east of future Vineland Ave (City in the Hills). (File # 05-0502) (Ward 3)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On August 18, 2005, the Planning Commission held a public hearing and recommended
approval of this zone change to allow a single family residential development generally located
on the north side of State Route 178, approximately y.¡ mile east of future Vineland Avenue, in
the City in the Hills development. The development consists of private gated streets, 181 lot
single family lots with a a private recreation facility and landscape lots. The net density is 5.64
units per net acre, which is consistent with the Low Density Residential designation of the
project site. The streets are proposed to be constructed to City standard and be publicly
maintained.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
A concurrent tentative tract map (#6452) was approved by the Planning Commission on August
18, 2005 that reflects the plan proposed by this PUD zone change.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. A negative declaration was prepared in accordance with
CEQA. Mitigation measures included in the conditions of approval that reduce the following
impacts to less than significant: air quality, aesthetic, bioiogical resources, cultural resources,
hazardous materials, stormwater drainage, and water impacts.
JE
AdminI10-26-6452
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1J..d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD t!!1. ~
CITY ATTORNEY Id)n4
CITY MANAGER Itt'/
I
Raul M. Rojas, Public Works Director
October 13, 2005
SUBJECT: Resolution adding territory, Area 1-52 (Brimhall, DePetro N) 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 recommends adoption of the Resolution.
BACKGROUND: On October 12, 2005 the Council adopted Resolution of Intention No. 1364 to add
territory, Area 1-52 (Brimhall, DePetro N), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping for Tract Map No. 6254. Area 1-52 is generally bounded by a line
approximately 780 feet north of Brimhall Road on the north, a line approximately 660 feet west of Verdugo
Lane on the east, Brimhall Road on the south and a line approximately 180 feet west of DePetro Drive on
the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier
level when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
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, 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(s)/developer(s) to be recorded with the
subdivision map.
mr
M01-52_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent
ITEM I~.e..
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~r--
CITY ATTORNEY ØJnJ
CITY MANAGER . ~
FROM:
Stanley G. Grady, Development Services Director
DATE:
October 14, 2005
SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the approval by the
Assistant City Manager of the report of the Chief Code Enforcement Officer regarding
assessments of certain properties in the City of Bakersfield for which structures have been
secured against entry or for the abatement of certain weeds, debris and waste matter and
authorize collection of the assessments by the Kern County Tax Collector.
(Ward 1, 2, 3 and 7)
RECOMMENDATION: Adopt the Resolution.
BACKGROUND: Assessment hearing was held on October 10, 2005, by the Assistant City
Manager and all proposed charges were confirmed. The subject properties listed below were in
violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and
abandoned dilapidated structures which constitute public nuisances and prohibits maintaining
hazardous weeds, debris and waste matter. The property owners were notified and failed to comply
with the notices to abate such public nuisance. After a hearing duly noticed and held before the
Building Director, the Director issued orders requiring the property owner to abate the public nuisance.
The subject properties are listed as follows:
PROPERTY LOCATION APN COST
Ward 1/Councilmember Carson
1. 910 Bank St. 010-221-15 $ 1.435.00
2. 334 Clifton St. 018-370-04 $ 389.00
3. 334 Haley St. 019-181-03 $ 339.00
4. 111 Hayes St. 018-340-15 $ 319.00
5. 413 Lloyd St. 139-403-10 $ 244.00
6. 100 Owens St. 018-240-16 $ 1,034.00
7. 818 QSt. 009-202-03 $ 825.00
8. 822 Q St. 009-202-04 $ 435.00
9. 1201 Ralston St. 018-111-07 $ 394.00
October 11, 2005, 12:13PM
P:\admin report july7bl1.doc
ADMINISTRATIVE REPORT
Page 2
PROPERTY LOCATION APN COST
Ward lICouncilmember Carson (con't)
10. 1505 Ralston St. 018-122-12 $ 394.00
11. 416 S.williams St. 019-082-04 $ 294.00
12. 418 S. Williams St. 019-082-03 $ 295.00
13. 1422 E. 9th St. 018-061-18 $ 1,637.00
Ward 2ICouncilmember Sue Benham
14. 524 Homaker PI 002-112-30 $ 1,319.00
15. 1216 K St. 006-450-14 $ 6,645.00
Ward J/Councilmember Mike Maaaard
16. 3505 Cardinal Ave. 382-172-02 $ 200.00
17. 2721 Pomona St. 021-403-20 $ 235.00
18. 908 Stanford Ct. 021-041-14 $ 240.00
19. 3013 Wenatchee Ave. 383-201-09 $ 185.00
Ward 7/Councilmember Zack Scrivner
20. 1920 Clark Ave. 023-123-10 $ 895.00
21. ·UNASSIGNED Lot E. of 2100 White Ln. 405-010-33 $ 995.00
October 11, 2005, 8:41AM
P:\admin report july7bJ1.doc
ADMINISTRATIVE REPORT
Page 2
The owners of the above-mentioned properties failed to commence the required work as ordered by
the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield
Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code
Enforcement Officer. The costs incurred by the City can be assessed against the property as provided
for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their
right to appear at the hearing on this matter before the City Manager or his designee and to object to
the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City
Manager has approved the assessments associated with the above mentioned properties.
The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by
the City for work performed to remove the public nuisance and order that such costs be made a lien
against the property. This will be done by adoption of the attached resolution.
October 10, 2005, 3:12PM
P:\admin report july7bl1.doc
..-'. -_......_--_...~.._---'---~._,.._--------
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent
ITEM 12.-f.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
~.
Stanley G. Grady, Development Services Director DEPARTMENT HEAD ~
October 4, 2005 CITY ATTORNEY ~
CITY MANAGER _
SUBJECT: A Resolution of the Council of the City of Bakersfield approving the destruction of certain
obsolete City records, documents, instruments, books and papers, pursuant to Section
34090 et seq. of the Government Code of the State of California - Development Services
Department.
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: This Resolution authorizes the Development Services Department to destroy
obsolete Code Enforcement records and reports etc., in accordance with Exhibit "A" of the Resolution.
Governmental Code Section 34090 permits destruction of certain public records upon the approval of
the City Attorney and a Resolution adopted by the City Council.
Attached is a copy of the Records Destruction Schedule marked Exhibit "'A".
October 11, 2005, 12:14PM
P:\admin report destroy retention record.doc
-.-..-..'-'. ._-------_._---_.__..._._...~..._---.~.-.._--
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent Calendar
ITEM: la.q.
v
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/J/s"
DATE:
October 17, 2005
SUBJECT: A resolution approving request to file extension of time with the Stat of
Department of Transportation, for the Mohawk Street Grade Separation funds.
RECOMMENDATION:
Staff recommends approval of resolution.
BACKGROUND: The State of California, Department of Transportation, has notified the City of
Bakersfield that we may lose unspent state budget authority on June 30, 2006, for the Me,hawk Street
Grade Separation Project. By November 4, 2005, the State must receive the City's request for an
extension of time to expend the funds or the funds will lapse. The application to request a timE' extension
must also include the City Council's approval.
As background information, Agreement No. 03-212 was approved by the Council on July :30, 2003. It
provided a maximum of $5,000,000 for the Mohawk Street Grade Separation Project as the Burlington
Northern and Santa Fe Railroad. The project has been delayed because it is part of a larger project within
the State Transportation Improvement Program (STIP) known as the Westside Parkway Project. The
Westside Parkway Project has been delayed due to funding constraints within the STIP. Delays in the
STIP funding has required this extension of time request for the Mohawk Street Grade Separation Project.
October 17, 2005, 8:58AM
G:\GROUPDAT1ADMINRPT\2005\1D-26\Moha>lA< Grade Separation Project - Admin.dot
__ .._~__.. ·___~_···_".,___·__.__m.___~... _, _____~ ..._
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Consent Calendar
ITEM: la. h.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD Ai1,---
CITY ATTORNEY
.
FROM:
Raul M. Rojas, Public Works Director
DATE:
October 12,2005
CITY MANAGER Ifr:-.
SUBJECT: Resolution of Intention No. 1411 to order the vacation of a portion of Crosswind Way east of
Windchime Court within Section 26, T.30S., R.27E., M.D.M. (Ward 7)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Marino/Associates had requested the vacation of a portion of Crosswind Way east of Windchime Court as
required by Public Works Condition A, 1 of approval for Zone Change No. 03-1537.
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. General
Services will have one "END" sign to remove.
The utility companies serving the area have been notified by mail and none have indicated objection as of
the date of this report.
Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from these owners as of the date
of this report.
The proposed vacation was approved by the Planning Department on September 13, 2005 per local
ordinance 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 significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of December 14, 2005, on
the proposed vacation.
October 12, 2005, 4:21 PM
G :IGROUPDA T\ADMINRPRT\ 1 0-26-05\Admin
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent Calendar
ITEM: 1J..i,
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
October 12, 2005
Þ{/
I
SUBJECT: Resolution of Intention No. 1412 to order the vacation of the strip of land on 26th Street,
approximately 11.25 foot wide. between "M" Street and alley within Section 19, T.29S.,
R.27E., MD.M. (Ward 2)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Hopkins Engineering is in the process of planning a new office at 26th Street and "M" Street. City
ordinance requires eleven parking spaces including one handicap space. Currently they are able to get
nine parking spaces including one handicap space. The proposed strip of land to be vacated would
provide enough space for two spaces required.
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.
The utility companies serving the area have been notified by mail and Public Works notes that there are
no existing utility lines within the vacating area.
Praliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the
proposed vacating area. Public Works has not received any objections from these owners as of the date
of this report.
The proposed vacation was approved by the Planning Department on September 13, 2005 per local
ordinance 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 significant effect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of December 14, 2005, on
the proposed vacation.
October 12, 2005, 11: 12AM
Q:\Street Vacations\2531 M STREET 11.25' STRIP OF LAND\ROI1412 Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Consent Calendar
ITEM: ¡;I. i.
u
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
October 10, 2005
CITY ATTORNEY
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
w/
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreement with Centex Homes for Tract 6118 Phase 8,
located south of Snow Road and west of Old Farm Road. (Ward 4)
(2) Final Map and Improvement Agreement with Centex Homes for Tract 6195 Phase 7,
located south of Snow road and east of Allen Road. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
td
October 10,2005, 11:08AM
G:\GROUPDAT\ADMINRPTì2005\10-26\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Consent Calendar
ITEM: Ia.. ¡¿ .
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD d!)
CITY ATTORNEY ~
CITY MANAGER Iìz/
Gregory J. Klimko, Finance Director
October 13, 2005
SUBJECT: Agreement with Lennar Homes of California, Inc. to purchase real property located west of
New Stine Road, east of Mountain Ridge Drive, south of McKee Road and north of Taft
Highway for $75,000 for a water well site. (Ward 4)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
The City of Bakersfield is acquiring a single family lot to construct a domestic water well site. The
purchase price of $75,000 represents the developer's cost to construct the lot to a finished lot basis.
A Phase I Environmental Site Assessment has been completed by the Seller. Also, the Planning
Department will be asked to find this acquisition consistent with the Metropolitan Bakersfield 2010 General
Plan.
October 13, 2005, 5:35PM
P:\MyFiles\Admin Reports\Lennar2.doc
DMAls
ADMINISTRATIVE REPORT
I MEETING DATE: October 26,2005
Consent Calendar
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~ ~
CITY ATTORNEY fJ.Yz.-
CITY MANAGER J4r./
.
FROM:
Donna L. Kunz, Economic Development Director
DATE:
October 6, 2005
SUBJECT: Agreement with the Bakersfield Senior Citizen Center for $50,000 of FY 2005-06
Community Development Block Grant (CDBG) funds for operational expenses at the 530
4th Street Center. (WARD 1)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Since 1983, the Bakersfield Senior Citizen Center (BSC), a 501 (c) (3) non-profit corporation, has been
providing senior services at 530 4th Street. The center provides a variety of recreational, social,
educational, and vocational training activities primarily for seniors of the Greater Bakersfield Metropolitan
Area.
Over the last 20 years, CDBG funds have been used to expand the facilities there at the 4th Street center.
During the last few years, a reduction of donations and fund raisers has impacted the operations of the
BSC. At the October 4, 2001 Budget and Finance Committee meeting, it was recommended that the City
provide BSC with funds required to pay the expenses to operate the facility from June 2001 to July 2002
for a one-time contribution of $50,000 of Council Contingency funds. That recommendation was approved
by the City Council at their October 10, 2001 meeting. In addition, it was recommended that BSC apply
for CDBG funds in subsequent years. BSC received CDBG funds in FY 2003-04 and 2004-05 which were
used to meet operations expenses for that fiscal year,
BSC is asking, once again, for operating funds to meet the increasing costs of delivering services to the
senior citizens in their service area. The center continues to offer a noon-time meal for its clients, as an
additional service.
The proposed agreement will provide $50,000 of CDBG funds to assist in providing senior services at the
BSC facility on 4th Street. The Bakersfield Senior Center has submitted a proposed operating budget for
the next 12 months ot $95,400, excluding Bingo revenues.
S:\Admins\City Council\BSC 05-06 services agreement admin.doc
10/6/20052:19 PM
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent Calendar
ITEM: 1c1. m.
TO:
Honorable Mayor and City Council
DATE:
October 5, 2005
CITY ATTORNEY
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY MANAGER
/k/
SUBJECT: Agreement with Alliance Againist Family Violence and Sexual Assault for $15,000 of
Emergency Shelter Grant (ESG) funds to support the operating costs necessary to continue
services. (Ward 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
This is the tenth year the City of Bakersfield has received ESG entitlement funds. The purpose of the
ESG program is to improve the quality of existing emergency shelters for the homeless, help meet the
costs of operating the shelters, and provide essential social services, as well as, funding preventive
programs and activities. There are four eligible activities: 1) renovation, major rehabilitation or conversion
of buildings for use as emergency shelters; 2) provision of essential services; 3) payment of maintenance,
operation (including staff costs related to operations), insurance, utilities, and furnishings; and 4) the
development and implementation of homeless prevention activities.
It has been the Council's practice not to approve operating funds to non-profit agencies requesting
assistance. However, with respect to ESG funds the Council has made an exception and allowed the use
of these funds for operational purposes. Thus, this agreement does include operational funds to provide
essential services for homeless prevention activities. With respect to all other federal entitlements staff
will continue to implement Council policy of precluding the use of such funds for operations.
As a part of the Fiscal Year 2005/06 budget process, the Council approved, in principle, the funding for
Alliance Against Family Violence and Sexual Assault of up to $15,000 for eligible ESG activities. The
agreement, now before Council, outlines the requirements and responsibilities of the grant. Activities
funded by the grant are outlined in the narrative below:
Operational Activities: Include utilities, office supplies, telephone costs, insurance, occupancy
products, buildinglgrounds maintenance supplies, equipment rentallmaintenance, and janitorial
and maintenance services necessary to the on-going operation of the Center. No more than
$8,000 of the grant will be used to provide these operational activities.
S;\Admins\City CounciilAAFV ESG 200S-06.doc
10/5/20053;12 PM
ADMINISTRATIVE REPORT
Page 2
Essential Services: To help fund wages and employers payroll taxes of case managers and
counseling staff. The total amount of ESG funds expended to meet costs of this essential service
shall not exceed $7,000.
Essential Services
Operational Activities
Total ESG Grant
$ 7,000
$ 8,000
$15,000
All activities funded with the ESG grant will be completed within one calendar year of execution of the
agreement.
S:\AdminslCity CouncillAAFV ESG 2005-06.doc
10/5120053:12 PM
.. ---, -,..,.--.----.--..-.--
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Consent Calendar
ITEM: J., n .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
October 10, 2005
N/
,
SUBJECT: Relocate Transmission Lines and tower at the southwest corner of Coffee Road and Norris
Road (Ward 4):
1. Actual Cost Contract with PG&E for $308,323 to relocate transmission lines and tower.
2. Appropriate $200,000 fund balance to the Capital Improvement Budget within the
Transportation Development Fund.
RECOMMENDATION: Staff recommends approval of agreement and appropriation.
BACKGROUND: The Water Resources Department has a large tank site near the southwest corner of
Coffee and Norris Roads. The improvement of their portion of Norris Road requires the relocation of some
transmission power poles, and the improvement and expansion of the intersection requires the relocation
of a large, four-legged transmission tower. The cost for this portion of the project is $108,323 for which
sufficient funds are already budgeted within the Domestic Water Fund.
The Metropolitan Bakersfield Transportation Impact Facilities List lists this transmission tower's relocation
as an improvement. The transmission tower is currently located so that the intersection cannot be
constructed with a full expansion. Upon execution of this agreement, PG&E will relocate the transmission
tower and the developer of the adjacent tract will complete the road improvements. The cost for this
portion of the project is approximately $200,000 for which an appropriation is needed.
G:IGROUPDAT\ADMINRPT\2005110_26IPGE Agreement Norris Coffee.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent Calendar
ITEM: 1.:1. o.
TO:
FROM:
Honorable Mayor and City Council
DATE:
October 13, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
<SZ17
Ýf
,¡(þ>/
John Stinson, Assistant City Manager
DEPARTMENT HEAD
SUBJECT: City Physician Agreements
1) Agreement with Central Valley Occupationai Medical Group, Inc.
2) Agreement with Business Health Network/Southwest Urgent Care Center, Inc.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On August 2, 2005, a request for proposal for city physician services was sent to eleven providers. Four
medical providers submitted responses to the RFP. All four providers were selected to participate in the
oral interview process on September 19, 2005. The agreements are for a three year period commencing
November 1, 2005. The city physician services include the following: pre-employment physicals;
treatment for work reiated injuries; hazmat physicals; fitness for duty exams; and drug and alcohol testing.
The four medical providers interviewed were Central Valley Occupational Medical Group (Dr. Davies and
Dr. Sanchez), Business Health Network/Southwest Urgent Care Center (Dr. Cousin and Dr. Dei Toro),
Professions HealthCare (Dr. Reilly and Dr. Schmidt), and Kaiser Permanente (Dr. Haq). The oral board
consisted of the following staff: Ginny Gennaro, City Attorney; Robert Bivens, Police Captain; Gary
Hutton, Deputy Fire Chief; Carroll Hayden, Human Resources Manager; and Pat Flaherty, Risk Manager.
The medical providers were rated on the following categories: knowledge of the workers' compensation
system, general medical competence, customer service, and range of services. The top two providers
selected were Central Valley Occupational Medical Group and Business Health Network/Southwest
Urgent Care Center as they best met the city requirements. The other two providers were unable to
clearly demonstrate the necessary experience in occupational medicine to meet the city standards.
Currently, there are two medicai providers serving as city physicians: Central Valley Occupational Medical
Group provides services to police and miscellaneous employees and Business Health Network/Southwest
Urgent Care Center provides services to fire employees. Bakersfield Occupational Medical Group was
October 14, 2005, 11 :43AM
S:\Meg\CONTRACTS\RFP\City Physician 2005\ADMIN-RPT05.DOC
ADMINISTRATIVE REPORT
also providing city physician services but do to service changes we no longer utilize their services. They
did not respond to the current RFP.
Fees for services are similar for Central Valley Occupational and Business Health Network/Southwest
Urgent Care and there is no significant increase in pricing from the 2002 agreements. Based on the
results from the oral board interviews and input from fire and police, staff recommends we continue with
the current arrangement:
. Police and miscellaneous employees utilize Central Valley Occupational Medical Group
. Fire Department employees utilize Business Health Network/Southwest Urgent Care Center
October 14, 2005, 11 :43AM
S:\Meg\CONTRACTSIRFP\City Physician 2005\ADMIN-RPT05.DOC
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent Calendar
ITEM: ¡;;t.O.
I
TO:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
October 17, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
,N/
f/?
Íj£/
FROM:
DATE:
SUBJECT: License Agreement with GompuCom Systems, Inc., to provide Microsoft
Licenses for 964 Computers in the amount of $224,326.49.
RECOMMENDATION: Staff recommends approval of the purchase
BACKGROUND: On August 18, 2004, the Council approved a five year Enterprise Agreement (Contract
No. 04-241) with Microsoft Corporation that allows the City to install the latest version of Microsoft
products on City computers. The agreement covers server and desktop software that is used for
producing letters and spreadsheets and for running the City's Servers, databases and website. The bill for
this year is $224,326.49. This amount is available in the Information Technology operating budget.
October 17,2005 - 3:12 PM
AC:al
S:\Admin Rpts\2005\Microsoft EA 2005.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Consent Calendar
ITEM: IJ.<:!...
U
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
¡;(ìL
/2#d
Il1/
.
October 13, 2005
SUBJECT: State Route 178 Shoulder Widening Project (Ward 3):
1. Amendment No. 1 to Cooperative Agreement No. 05-083 with State of California
Department of Transportation ($171,300; for a revised not to exceed amount of
$751,300) for construction of shoulder widening on State Route 178 from approximately
Fairfax Road to the mouth of the Kern River Canyon.
2. Appropriate $171,300 fund balance to the Capital Improvement Budget within the
Transportation Development Fund.
RECOMMENDATION: Staff recommends approval of Amendment and appropriation.
BACKGROUND: Cooperative Agreement No. 05-283 between Caltrans and the City of Bakersfield was
approved by the Council on February 23, 2005. As background, Caltrans has been working for several
years on a project to install and widen shoulders along State Route 178 from approximately Fairfax Road
to the Mouth of the Kern River Canyon. When Caltrans constructs shoulders, they use a reduced
pavement thickness in the shoulder area as compared to the roadway itself since shoulders only receive
occasional traffic loading. However, the segment of State Route 178 where the shoulder project will be
occurring will eventually be widened for additional traffic lanes by area developers and/or the City. Also,
much of the segment will become a City maintained street when the new adopted freeway alignment for
State Route 178 is constructed. Accordingly, the City wanted the shoulders to have a pavement thickness
similar to the roadway so that the shoulders could be used as roadway in the future, and Cooperative
Agreement No. 05-283 provided for this additional pavement thickness. The original Agreement provided
for the City to pay Caltrans for the actual cost to increase the pavement thickness, with the compensation
not to exceed $580,000.
Caltrans has received bids for this project with the portion attributable to the City's request to increase the
pavement thickness coming in higher than originally anticipated. Based upon the bids received. the cost is
now estimated to be $683,000. The Amendment provides for a 10% contingency which brings the
maximum compensation up to $751,300, but the City is obligated to pay only for the actual costs incurred
by the State. Since this project is on the facilities list for the Metropolitan Bakersfield Traffic Impact Fee,
funding for this Amendment is requested from the Transportation Development Fund.
PW_Ted Wright
Thursday, October 13, 2005 - 3:54:18 PM
G:\GROUPDA T\ADMINRPT\2005\ 10-26\SR 178 Coop Agreement Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent Calendar
ITEM: Ia.r,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
October 12, 2005
SUBJECT: Amendment NO.1 to Agreement No. 05-152 with Pavement Recycling System (adding
$600,000 to total compensation amount; revised total contract amount $1,000,000) for
cold planing for the Streets Division.
RECOMMENDATION: Staff recommends approval of Amendment.
BACKGROUND: The annual contract for cold planing and truck rental is exhausted due to the
accelerated street resurfacing/reconstruction program that is currently being performed during the 2005
resurfacing season.
The annual contract, Agreement No. 05-152, with Pavement Recycling System expires April 13, 2006.
This amendment adds $600,000 to the total compensation amount, bringing the total contract amount
to $1,000,000.
Staff recommends increasing the annual contract to pay for cold planing and truck rental that is needed
on projects that are currently in progress and for pending scheduled resurfacing projects. Staff
estimates that the amount requested is sufficient to cover cost for the remaining period of the annual
contract. No additional appropriation of funding is required.
October 12, 2005, 1:36PM PW Streets
G:\GRUPDAT\STREETS\PAVEMENT RECYCLING SYSTEM CONTRACT
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1;)...$.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
;JJ;t
Nc/
,
October 5, 2005
SUBJECT: Amendment NO.1 to Agreement No.98-145 with Bryan A. Stirrat & Associates ($67,000; for
a revised total contract amount not to exceed $317,000) for preparation of a grading plan
for the Bakersfield landfill closures (Ward 3).
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND: Agreement number 98-145 with Bryan A. Stirrat & Associates provides for the
contractor to prepare a final closure plane for the former Bakersfield landfill. The landfill closure will use
approximately 500,000 cubic yards of borrow soil from the acreage next to the landfill. In the course of
planning the project, staff has discovered a way to obtain the borrow soil from a nearby alternate location
where a large hill is blocking development of roads and properties. If the borrow soil is obtained from the
alternate location, development of various properties and public through-fares will be more economical
with the hill graded down. This amendment is to prepare a grading plan for obtaining the borrow soil from
the alternate location. Funding is available in the landfill closure reserve fund.
The landfill closure project has been a long time coming, due to lengthy review of the City's plan by
regulatory agencies. The last agency review milestone was passed on September 16th. The bid for
constnuction is anticipated in early 2006.
KBItm
October 5. 2005. 12:49PM
G:\GROUPDA T\ADMINRPT\2005\10-26\Admln·LandfilJ Closure Amendment.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent Calendar
ITEM: l.;l.t.
TO:
Honorable Mayor and City Council
FROM:
Donna L. Kunz, Economic Development Director
DEPARTMENT HEAD
CITY ATTORNEY ¡
DATE:
October 18, 2005
fY/S
CITY MANAGER ~
SUBJECT: Amendment No. 2 to Agreement No. ED02-017 with Environmental and Safety
Management Services, Inc. (not to exceed $35,000) for lead-based paint evaluation
services for HUD eligible housing programs. (WARDS All)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
In 2001, the Economic and Community Development Department implemented a policy for our housing
programs to address the Housing and Urban Development Departments lead-based paint regulations.
This policy requires testing, removal or encapsulation and clearance be done when lead-based paint is
detected in the project.
On November 19, 2002 the City entered into an agreement with Environmental and Safety Management
Services. Inc. (ESMS) to provide lead-based paint detection and clearance services for the City's single
family rehabilitation program. In October 2004, the City amended the agreement to extend the expiration
date for two years. Since 2002, and based on staffs performance monitoring of ESMS, they have been
satisfactory in providing lead-based paint detection and clearance services for the home improvement
program. The purpose of the agreement is to: 1) extend the terms of this agreement; and 2) increase the
compensation from $24,999 to $35,000.
S:\A.dmins\City Council\ESMS Agree.doc
10/18/200511:29AM
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Consent Calendar
ITEM: 1d..I.(..
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DATE:
October 12, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
/k-
SUBJECT: Accept bid from Kern Electric Distributors in the amount of $28,073.76 for a 3200 amp
circuit breaker for Wastewater Treatment Plant #2. (Wa rd 1)
RECOMMENDATION: Staff recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to seven (7) vendors. Two (2) bids were received in
response to solicitation and are as follows.
BIDDER
AMOUNT
$28,073.76
$28,381.57
Kern Electric Distributors, Bakersfield
Consolidated Electrical Distributors, Bakersfield
Staff finds the low bid to be acceptable and recommends award of the bid to Kern Electric Distributors,
Bakersfield.
Purchasing Division
DW
S:\PURCHIADMINI3200 Amp Circuit Breaker for WWTP 2.doc
October 13, 2005
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Consent Calendar
ITEM: 1:J..ý.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ¡¡(L
CITY ATTORNEY fJ/íJz4
,
DATE:
October 6, 2005
CITY MANAGER
fk'¿
,
SUBJECT: Demolition of Improvements (Ward 2):
1. Accept bid to award contract to Valley Tree & Construction ($192,824) for
Demolition of Improvements at 1001-1011 Baker Street and 706-710 Kentucky
Street.
2. Transfer $123,853 Community Development Block Grant funds from the Economic
& Community Development Operating Budget to the Capital Improvement Budget
for the demolition of properties located at Baker & Kentucky Streets.
RECOMMENDATION:
Staff recommends acceptance of low bid, award of contract and approval of
transfer.
BACKGROUND: This demolition will complete the clearing of the block between Baker and King Streets,
and Kentucky and Lake Streets for redevelopment by Economic & Community Development.
This project is funded entirely with U.S. Department of Housing and Urban Development (HUD) block
grant funds. The Engineer's Estimate for this demolition contract was $255,000.
On September 8, 2005, three acceptable bids were received on this project as follows:
Valley Tree & Construction
4233 Quinn Road
Bakersfield, CA 93308
(County)
in amount of
$192,824.00
Wise Engineering, Inc.
31704 Road 124
Visalia, CA 93291
(Out of Town)
in amount of
$277,105.00
McLaughlin Construction, Inc.
1055 W. Avenue M. Suite 102
Lancaster, CA 93534
(Out of Town)
in amount of
$381,716.80
October 6,2005, 12:22PM
G:IGROUPDAnADMINRPTi2005110-26\Valley Tree Demo Baker_Kentucky.dot
Project No. P1 L501
ADMINISTRATIVE REPORT
MEETING DATE: October 26,2005
AGENDA SECTION:
ITEM: lð.a.
HeClVl'''jS
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
GENERAL COUNSEL ~
EXECUTIVE DIRECTOR !lG
FROM:
w. R. Rector, Chief of Police
DATE:
October 17, 2005
SUBJECT: Public Hearing to consider the proposed expenditure plan for the Supplemental Law
Enforcement Services Funding (S.L.E.S.F.) grant, per Government Code 30061 (Law
Enforcement Services).
1. Appropriate $16,939.00 State Grant revenues to the CIP Budget (Project #P5H005)
within the S.L.E.S.F. Fund.
RECOMMENDATION:
Staff recommends approval of the proposed expenditures and appropriations.
BACKGROUND:
As a result of continued Supplemental Law Enforcement Services Funding, the City of Bakersfield has
received $426,939.00 in funding. Before spending these monies, the City must conduct a public hearing
to determine how the funds shall be spent. As before, the State has placed restrictions on the use of the
grant money, in that, it is to be used only to support frontline law enforcement needs. Furthermore, these
moneys are intended to supplement and not supplant the existing budget.
The Police Department hereby requests that the entire amount of 2005 SLESF monies ($426,939.00) be
used towards the Fire/Police Sub-Station #5, CIP Project #P5H005.
In anticipation of receiving the S.L.E.S.F. State funding, $410,000 was budgeted in the above CIP project
for FY2005-06. Since the amount received was $16,939.00 more than anticipated, an appropriation of this
amount should be made to the FY2005-06 CIP Budget.
P:\BPDIADMIN RPTSIADMIN RPTS FY 05-06IADMIN RPT - 2005 SLESF HEARING.doc
10/17/20054:37 PM
.._._--,....~.._---_..
e
ADMINISTRATIVE
REPORT
MEETING DATE: October 26,2005
AGENDA SECTION: Reports
ITEM: 15 . a..
TO:
FROM:
Honorable Mayor and City Council
DATE:
Alan Christensen, Assistant City Manager
October 21, 2005
DEPARTMENT HEAD
APPROVED
Jlc
ß)M
Æ
CITY ATTORNEY
CITY MANAGER
SUBJECT: Personnel Committee Reports:
1. Majority report regarding Health Insurance Plan Renewals
2. Minority Report regarding Health Insurance Plan Renewals
RECOMMENDATION: The Personnel Committee recommends:
1. Accept Majority Report and implement recommendation; or
2. Accept Minority Report and implement recommendation
Note: Insurance Committee has submitted an alternate proposal
BACKGROUND:
The Personnel Committee has had several meetings with Buck Consultants, our health care consultants,
over the past several months. These meetings were to assess potential changes in our health care plans
designs and determine which changes were needed, Also, the meetings were to understand changes the
federal govemment is making in regard to Medicare.
The consultants initially estimated rate increase of about 9%. Initial rate increase discussions involved the
City picking up 1/2 the increase and the balance being made up by plan changes. On June 13, 2005, the
Personnel Committee voted unanimously to implement plan changes that would be needed to offset the
rate increases when the final numbers arrived. Subsequently, the actual increases in the proposed rates
have now arrived and are at 14%. Based on this large rate increase the Personnel Committee discussed
not only implementing the plan changes initially approved, but additional ones to help address the increased
costs.
PROPOSED HEALTH PLAN CHANGES:
Due to the projected increases in the City's health plans, the Personnel Committee reviewed some minor
plan design changes for both the PPO and HMO plans. The plan design changes the Personnel
Committee Majority is recommending are detailed in the attached Majority report. The Minority Report
proposal is a compromise position that defers some plan changes and shifts more cost to the City.
ADMINISTRATIVE REPORT
Page 2
The Insurance Committee met on October 19, 2005, to propose alternative plan design changes. All
employee groups were represented at the Insurance Committee. A number of plan changes were
proposed, which are also attached in the Insurance Committee Report. However, because the Insurance
Committee's proposal came late Wednesday evening, we were not able to accurately produce numbers
showing the financial impact of their proposal. They will be provided to the Council as soon as they are
available.
MEDICARE PART D AND RELATED CHANGES:
In addition to the above mentioned changes, additional modifications to the health plans need to be made
due to Medicare Part D prescription drug coverage, which was added to Medicare by the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (MMA). This coverage will become
available on January 1. 2006. MMA gives employers who provide retiree health coverage several options
for offering prescription drug coverage to their Medicare-eligible retirees, including-
· Continuing their current plans and applying for the 28% Federal subsidy for qualifying enrollees'
allowable prescription drug costs
· Providing coverage that ''wraps around" the Medicare Part D prescription drug benefit
· Contracting with a national or regional prescription drug plan (PDP).
The Personnel Committee has studied the various options, considered recommendations from the
Insurance Committee (a meet and confer committee) and from Buck Consultants, the City's health care
consultants and are recommending the following actions:
· Because both Kaiser Senior Advantage and Blue Cross Senior Secure intend to be a Medicare
Advantage PDP, take advantage of this option which will be financially advantageous for both retirees in
those programs and the City for these two plans.
· Blue Cross PPO and HMO intend to offer a wraparound benefit plan, which will require a separate policy
for the retirees. Currently the Blue Cross HMO plan blends the rates for actives and retirees. This
change will require an unblending of the rates. This would be in concert in regard to retiree medical
coverage and GASB 43/45 reporting requirements. It is recommended for the plan year 2006, the City
elect the option to seek the subscription drug subsidy from the Federal Government and take advantage
of the wrap around coverage. This option can be changed in the future.
· As the unblending of the rates will cause a substantial premium increase for retirees, it is recommended
to develop a phase in plan to separate the rates for the active and retirees. The exact amount of the
HMO retiree "subsidy" will be determined after the rates for the 2006 plan year are received. It is
anticipated that the increase in rates will be phased in, 20% per year for five years. However, any
"subsidy" will decrease incrementally and will completely cease after 5 years.
· It is recommended that an actuarial study be done to determine the City's unfunded liability under GASB
43/45 reporting requirements for medical benefits.
10/21/2005 4:02:04 PM
AClJWSlAT:al
S:\Admln Rpts12005IHealth Care Reports Admin 102605.doc
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: RepOý'T~
ITEM: 15. b.
TO: Honorable Mayor and City Council
October 13, 2005
CITY ATTORNEY
CITY MANAGER
FROM:
DATE:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Update on Wastewater Treatment Plant 3 Expansion
RECOMMENDATION:
BACKGROUND: The Public Works Director will present an update on the design phase of the
Wastewater Treatment Plant 3 expansion project. Topics to be covered will include expanded
future sewer service areas, plant effluent design decisions, construction costs, and schedule.
October 13, 2005,
8:14AM
.'- -.---"'----- ......--. ._----
ADMINISTRATIVE REPORT
MEETING DATE: October 26, 2005
AGENDA SECTION: Reports
ITEM: IS.c,
TO:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
FROM:
DATE:
October 11, 2005
CITY ATTORNEY Ør..1<j
CITY MANAGER ~/
SUBJECT: Ward re-apportionment process.
RECOMMENDATION:
BACKGROUND:
Ward maps were provided to the City Council at a previous workshop. The maps identified ward
populations and current boundaries based on a City population estimate of 304,889. Examples of
possibilities were provided to the Council to initiate the process. The goal of re-apportionment is to
balance wards to within +/- 10 percent of projected population. Projected population accounts for
growth based on existing population plus approved tentative maps. Precinct data has been added
to the ward boundaries providing data for considering re-apportionment options. This item may be
added to future Council meetings as needed to facilitate the re-apportionment process.
SG
Adminl10-26wb
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF OCTOBER 12, 2005
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1, ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard (seated at
5:18 p.m.), Councilmembers Carson,
Benham, Couch, Sullivan (seated at 5:22
p.m.) Scrivner
Absent:
Councilmember Hanson
2. PUBLIC STATEMENTS
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Conference with Bill Avery, Labor Negotiator;
Closed Session pursuant to Government Code
Section 54957.6.
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding the
following cases:
1. Eugene Jackson v. City, et al
2. Michael L. Kephart, etc. v. City, et al
C. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)( 1 )(3)(A) of Government Code
Section 54956.9 (two items).
Mayor Hall adjourned the meeting to Closed Session at
5:17 p.m.
Motion by Vice Mayor Maggard to adjourn from Closed
Session at 6:38 p.m.
APPROVED
AS HANSON
Bakersfield, California, October 12, 2005 - Page 2
RECONVENED MEETING - 6:45 p.m.
ACTION TAKEN
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Sullivan, Scrivner
Absent:
Councilmember Hanson
6. INVOCATION by Monsignor Michael Braun, Our Lady of
Perpetual Help.
7. PLEDGE OF ALLEGIANCE Shelbi and Shanel Castro, 6th
Grade Students Juliet Thorner School.
Mayor Hall recognized students from Bakersfield College
and Ridgeview High School government classes in
attendance at the meeting.
8. CLOSED SESSION ACTION
a. Conference with Bill Avery, Labor Negotiator; DIRECTION GIVEN
Closed Session pursuant to Government Code CITY MANAGER
Section 54957.6.
b. Conference with Legal Counsel - Existing Litigation; NO REPORTABLE
Closed Session pursuant to subdivision (a) of ACTION
Government Code Section 54956.9 regarding the
following cases:
1. Eugene Jackson v. City, et al
2. Michael L. Kephart, etc. v. City, et al
c. Conference with Legal Counsel - Potential NOT HEARD
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9 (two items).
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Art
Carlock, Chairman, Highway 99 Cruise n' Show,
proclaiming October 21-23,2005, as "Fourth Annual
Highway 99 Cruise n' Show Days".
Art Carlock accepted the Proclamation and made
comments.
Bakersfield, California, October 12, 2005 - Page 3
9.
PRESENTATIONS continued
ACTION TAKEN
b. Presentation by Mayor Hall of
Commendation Certificate to Bakersfield
Police Reserve Lt. Jacque Miller for being
selected "Reserve Officer of the Year".
Lt. Miller accepted the Presentation and made
comments.
10. PUBLIC STATEMENTS
a. Cam Smith spoke regarding a new ball park.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 19, 2005
Special Joint City County Meeting and the
September 28, 2005 Regular City Council Meeting.
Payments:
b. Approval of department payments from September
16,2005 to September 29,2005 in the amount of
$11,323,765.51 and self insurance payments from
September 16,2005 to September 29,2005 in the
amount of $91 ,401.38.
Ordinances:
c.
Adoption of Ordinance adopting a Negative
Declaration and amending Section 17.06.020
(Zone Map 122-03) of Title 17 of the Municipal Code
by changing the zoning from R-1 (One Family
Dwelling) zone to PUD (Planned Unit Development)
zone on 81.18 acres to allow a single family home
development generally located on the southwest
corner of Stockdale Highway and South Renfro
Road. (File 05-0236) (FR 09/28/05)
ORD 4274
12.
Bakersfield, California, October 12, 2005 - Page 4
CONSENT CALENDAR continued
d.
Adoption of Ordinance adopting a Negative
Declaration and amending Section 17.06.020
(Zone Map 102-19) of Title 17 of the Municipal Code
by changing the zoning from PCD (Planned
Commercial Development) zone to Revised PCD
zone on 3.1:!; acres located on the northwest corner
of Calloway Drive and Meacham Road. (M.S.
Walker & AssoclFile 05-0735) (FR 09/28/05)
e.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A
(Agriculture) to E (Estate) on 82.5 acres located
along the north side of Snow Road, generally
between Allen Road and Calloway Drive. (Pacific
EngineeringlMaurice Etchechury, on behalf of
James Etcheverry) (GPAlZC04-0815) (FR 09/28/05)
f.
Adoption of Ordinance adopting the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map 123-25 from R-1
(One Family Dwelling) to R-2 (Limited Multiple
Family Dwelling - 1 unit per 2,500 sq. ft.) on
2.04 acres located on the east side of Wible Road
approximately 200 ft. south of Berkshire Road.
(Kern Delta Land Development Corp.)
(GPAlZC04-1704) (FR 09/28/05)
g.
Adoption of Ordinance approving an amendment to
Title 17 of the Municipal Code and changing Zone
Map 123-29 by changing the zoning from A
(Agriculture) to M-1 (Light Manufacturing), R-1 (One
Family Dwelling), R-2 (Limited Multiple Family
Dwelling), MH (Mobile Home) and C-2/PCD
(Regional CommerciallPlanned Commercial
Development) zones on approximately 300 acres
located south of Panama Lane to McCutchen Road,
west of Gosford Road to Progress Road. (Quad
Knopf, Inc.lGosford-Panama Partners, LLC)
(GPAlZC 04-0057) (FR 09/28/05)
Resolutions:
h.
Resolution preliminarily approving Engineer's
Report and setting date for public hearing of
protests for Assessment District No. 05-1 (City in the
Hills).
ACTION TAKEN
ORD 4275
ORD 4276
ORD 4277
ABS SCRIVNER
ORD 4278
RES 227-05
Bakersfield, California, October 12, 2005 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
i. Resolution approving the updated Replacement RES 228-05
Housing Plan for the Old Town Kern Mixed- Use
Project.
j. Resolution approving the amended Relocation Plan RES 229-05
for the Old Town Kern Mixed-Use Project.
k. Resolution determining that playground equipment RES 230-05
and structure components for Campus Park North
cannot be obtained through the usual bidding
procedures and authorizing the Finance Director to
dispense with bidding therefore, not to exceed
$46,500.00).
I. Resolution authorizing the Public Works Director or RES 231-05
his designee to execute Right-of-Way Certifications.
m. Resolution for annexation application proposing RES 232-05
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 481,
consisting of 127.39 acres located south of Panama
Lane to Berkshire Road, generally east of South
Union Avenue.
n. Resolution adding territory, Area 1-60 (Etchart, RES 233-04
Calloway SE) 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.
o. Resolution adding territory, Area 4-33 (Reynard, RES 234-05
McKenna S) 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.
p. Resolution adding territory, Area 4-34 (Auburn, RES 235-05
Morning NE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
Bakersfield, California, October 12, 2005 - Page 6
12.
CONSENT CALENDAR continued
q.
Resolution adding territory, Area 4-40 (Oak, 19th
SW) 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.
r.
Resolution of Intention No. 1364 to add territory,
Area 1-52 (Brimhall, DePetro N) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Agreements:
s.
Stockdale Highway Planned Sewer Area:
1. Resolution of Intention No. 1389 to establish
the Stockdale Highway Planned Sewer
Area and preliminarily approving the
boundaries of the area and the cost and fee
schedule.
2. First Reading of Ordinance amending
Section 16.32.060 of the Municipal Code
relating to Sewer Facilities.
t. Final Tract Maps and Improvement Agreements:
Final Map and Improvement Agreement with
Hosking Avenue Bakersfield Apartments,
LLC for Tract 6477 Phase 1, located north of
Hosking Avenue and west of Arkwood
Street.
2. Final Map with ADH Corporation for Tract
6232 Phase 3 located east of South Oswell
Street and south of Zephyr Lane.
1.
3.
Improvement Agreement with Tom Carosella
and Lisa M. Carosella and Kern River
Partners, LLC for Parcel Map 11051 located
west of Calloway Drive and south of
Brimhall Road.
u.
Agreement with Muxlow Construction (not to exceed
$55,000.00 CDBG funds) to provide handicap
accessibility improvement services to qualified low-
income residents in privately owned structures.
ACTION TAKEN
RES 236-05
ROl1364
DELETED
AGR 05-345
ASS MAGGARD
AGR 05-346
ASS MAGGARD
AGR 05-347
Bakersfield, California, October 12, 2005 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
v. Amendment NO.1 to Agreement No. 03-319 with AGR 03-319(1)
SMG and ESC Enterprises for concessions at the
Ice Sports Center and McMurtrey Aquatic Center.
w. Amendment NO.1 to Agreement No. 05-030 with AGR 05-030(1)
Delta Microlmaging ($60,000.00, amended
total $90,000.00) for document file conversion to
Laser Fiche.
x. Amendment NO.3 to Agreement No. 03-154 with AGR 03-154(3)
Naffa International ($25,000.00, revised
total $185,000.00) for commercial plan check
services.
y. Amendment NO.1 to Agreement No. 04-384 with AGR 04-384(1)
Loop Electric ($15,000.00, total amount $55,000.00)
for vehicle loop cutting at various intersections
within the City.
z. Amendment NO.2 to Agreement No. 02-218 with AGR 02-218(2)
Century Building Associates, LLC to lease an
additional 5,500 square feet of office space at 1600
Truxtun Avenue for the new Transportation Division
of the Public Works Department who will be working
on the highway projects funded by the federal
monies and will cost an additional $7,975/month
starting January 1, 2006, as provided for in the
lease amendment.
aa. Agreement with Dresser Services, Inc. ($50,000.00) AGR 05-348
for consultant services for on-call asbestos survey
reports.
bb. Amendments to Construction and Maintenance
Agreements with Union Pacific Railroad
(UPRR) and San Joaquin Valley Railroad (SJVR) to
modify language for the at-grade traffic signal
equipment to be consistent with the equipment listed
in the California Public Utilities Commission's Order
and the Plans and Estimates attached to the
agreements (no change to compensation amount).
1.
Amendment NO.1 to Agreement No. 05-123
for UPRR Sunset Branch at Harris Rd.
Amendment NO.1 to Agreement No. 05-124
for UPRR Buttonwillow Branch at
Mountain Vista Drive.
AGR 05-123(1)
2.
AGR05-124(1)
Bakersfield, California, October 12, 2005 - Page 8
12.
CONSENT CALENDAR continued
Item 12.bb. continued
3.
Amendment NO.1 to Agreement No. 05-125
for UPRR Buttonwillow Branch at Old
River Road.
4.
Amendment NO.1 to Agreement No. 05-126
for UPRR Buttonwillow Branch at Akers
Road.
Bids:
cc. P Street Sewer Project, generally located on P
Street between the Kern Island Canal and 2nd
Street, and, on 2nd Street between Nand P Streets:
1.
Accept bid and award contract to Nicholas
Construction, Inc. ($238,114.00)
construction of P Street Sewers.
2. Transfer $27,114.00 project savings to the P
Street Sewers Project within the Capital
Improvement Budget of the CDBG Fund.
dd. Accept bids from Adamson Police Products (1770
items for $34,876.62) and Second Amendment
Sports (221 items for $888.83) for replacement duty
gear (leather goods) for the Police Department.
(Total of bids $35,765.45)
ee. Accept bid from Bakersfield Harley Davidson
($72,372.16) for four (4) replacement Police
Special motorcycles.
ff. Accept bid from Jim Burke Ford, Bakersfield
($33,700.11) for two (2) replacement mid-size
passenger vans.
gg. Accept bid from Jim Burke Ford, Bakersfield
($553,660.12) for twenty-five (25) replacement
four-door Police Special sedans.
hh. Accept bid from Jim Burke Ford, Bakersfield
($54,089.00) for four (4) replacement mid-size
sedans.
ii. Accept partial bids from TV Magic, Inc. ($19,174.00)
and Markertek Video Supply ($12,337.85) for
portions of the Digital Upgrade to the Video Replay
System for Rabobank Arena (Parts B & C). (Total of
bids $31,511.85)
ACTION TAKEN
AGR 05-125(1)
AGR 05-126(1)
AGR 05-349
Bakersfield, California, October 12, 2005 - Page 9
12.
CONSENT CALENDAR continued
Miscellaneous:
jj. Community Development Block Grant (CDBG)
Action Plan Amendment No. 12 (FY 01/02)
and Amendment No. 15 (FY 02/03).
kk. Centennial Transportation Corridor Project:
1. Appropriate $12,966,598.00 Federal
Demonstration Program funds to the Capital
Improvement Budget within the Federal
Transportation Projects fund.
2. Transfer and appropriate $3,241,650.00
Transportation Development fund balance to
the Capital Improvement Budget within the
Federal Transportation Projects Fund for
the City's local match.
II. Appropriate $277,760.00 Economic Development
Initiative (EDI) Federal Grant funds to the Capital
Improvement Budget within the Community
Development Block Grant Fund for the Baker Street
Streetscape Project.
mm. Appropriate $15,000.00 fund balance from the Old
Town Kern Pioneer Project area to the
Redevelopment Operating budget for consulting
services for the Village at Baker Street.
nn. Appropriate $180,000.00 fund balance from the Old
Town Kern Pioneer Project area to the
Redevelopment Capital Improvement budget for
acquisition of property located at 1001
Baker Street for the Baker Street Mixed Use Project.
00. Appropriate $400,000.00 additional park
development fees (zone 1) to the Capital
Improvement Budget within the Park Development
Fund for The Park at River Walk for
additional seating capacity and crowd control
fencing for major events.
Assistant City Clerk Gafford announced
correspondence has been from staff regarding items
12.j. and 12.mm.
Councilmember Scrivner announced a conflict of
interest on item 12.f and recused himself.
ACTION TAKEN
REMOVED FOR
SEPARA TE
CONSIDERA TION
REMOVED FOR
SEPARA TE
CONSIDERA TlON
REMOVED FOR
SEPARA TE
CONSIDERA TION
REMOVED FOR
SEPARA TE
CONSIDERA TlON
Bakersfield, California, October 12, 2005 - Page 10
12.
CONSENT CALENDAR continued
Vice-Mayor Maggard announced a conflict of interest
on item 12.t. and recused himself.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.00. with the deletion,
at the request of staff of 12.s. and the removal of items
12.11., 12.mm., 12.nn. and 12.00. for separate
consideration.
Councilmember Benham announced she would
address items 12.11. through 12.nn. in the same
motion.
II. Appropriate $277,760.00 Economic Development
Initiative (EDI) Federal Grant funds to the Capital
Improvement Budget within the Community
Development Block Grant Fund for the Baker Street
Streetscape Project.
mm. Appropriate $15,000.00 fund balance from the Old
Town Kern Pioneer Project area to the
Redevelopment Operating budget for consulting
services for the Village at Baker Street.
nn. Appropriate $180,000.00 fund balance from the Old
Town Kern Pioneer Project area to the
Redevelopment Capital Improvement budget for
acquisition of property located at 1001
Baker Street for the Baker Street Mixed Use Project.
Motion by Councilmember Benham to approve items
12.11 through 12.nn.
00. Appropriate $400,000.00 additional park
development fees (zone 1) to the Capital
Improvement Budget within the Park Development
Fund for The Park at River Walk for
additional seating capacity and crowd control
fencing for major events.
Recreation and Parks Director Hoover provided a
presentation for item 12.00.
Councilmember Couch requested delay purchasing
proposed benches until an analysis of the cost
differential can be determined between benches with
backs versus those without and report back to Council.
Motion by Councilmember Couch to approve item
12.00.
ACTION TAKEN
APPROVED
AS HANSON
APPROVED
AS HANSON
APPROVED
AS HANSON
Bakersfield, California, October 12, 2005 - Page 11
13.
CONSENT CALENDAR HEARINGS
a.
Hearing to consider Resolution ordering the
vacation of the 20 ft. alley and the north 22.5 ft.
of 7th Street between K and L Streets. (Staff
recommends adoption of resolution.)
Hearing to consider Resolution ordering the
vacation of portions of Comanche Road south of
Highway 178. (Staff recommends adoption of
resolution.)
b.
c.
Hearing to consider Resolution ordering the
vacation of a right of way of Feemster Street and
DeMaree Avenue. (Staff recommends adoption
of resolution.)
Hearings opened at 7:26 p.m.
No one spoke.
Hearings closed at 7:26 p.m.
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearing items 13.a. through 13.c.
14, HEARINGS
a.
Continued Public Hearing to consider Resolution
amending the City's Sphere of Influence,
approval of updated Municipal Services Review and
adoption of Negative Declaration. (Continued from
8/17/05 & 9/28/05 meetings)
Development Services Director Grady gave a
presentation and made staff comments.
Hearing reopened at 7:39 p.m.
Brian Todd, Building Industry Association of Kern
County, spoke in support of the staff
recommendation.
Hearing closed at 7:43 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution,
approve the updated Municipal Services Review and
direct staff to make application to LAFCO to amend the
Sphere of Influence.
ACTION TAKEN
RES 237-05
RES 238-05
RES 239-05
APPROVED
AS HANSON
RES 240-05
APPROVED
AS HANSON
Bakersfield, California, October 12, 2005 - Page 12
15.
REPORTS
a. Report on Project TR (Thomas Roads) (Federal
Transportation Projects).
City Manager Tandy and Public Works Director
Rojas made staff presentations.
Motion by Vice-Mayor Maggard to accept the Report.
b. Overview of Ward Reapportionment Process.
Development Services Grady made a presentation
and introduced Assistant Planner Dave Dow who
provided an overview of avenues to accomplish
reapportionment.
Councilmember Scrivner referred the internal process
of reapportionment to the Legislative and
Litigation Committee.
16, MAYOR AND COUNCIL STATEMENTS
Councilmember
Department for
streets.
Benham commended the Streets
strides made in repaving and repairing
Councilmember Benham reiterated three previous
referrals and asked staff revisit and update responses
regarding the following:
· Train horn noise issue; staff to report on
website regarding the issue and to develop a
concise two paragraph informational sheet to
provide to public when inquiries are received
· USA Swim Team; staff to contact Mr. Ridgeway,
members of the swim community and other
cities to provide a more thorough report
· Streetlight request; staff to visit the area,
Spruce Street, one block north of Brundage,
after dark and evaluate the need for lighting
Councilmember Benham requested staff respond to an
inquiry regarding the feasibility of placing curb and
gutters along Brundage between H and Oak Streets
and provided contact information.
Councilmember Benham requested staff respond to a
complaint regarding code enforcement issues on
Orange Street, located in the Oleander area, and
provided contact information.
ACTION TAKEN
APPROVED
AS HANSON
Bakersfield, California, October 12, 2005 - Page 13
16,
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Carson asked if staff received a letter from
Mark Salvaggio regarding a traffic signal. City Manager
Tandy responded.
Councilmember Carson thanked EDCD staff for
hosting a community meeting October 9th at the Cain
AME Church regarding the South Mill Creek Project.
Additionally, she requested EDCD Director provide a
written response to questions posed by Graham K.
Eddy in a letter.
Council member Carson requested information regarding a
constituent requesting a second curb cut to accommodate
a circular driveway. Public Works Director Rojas
responded.
Council member Carson congratulated Jacquie on being
honored at the Bakersfield Business Conference.
Councilmember Carson made comments regarding
negative emails.
Councilmember Sullivan requested code enforcement
monitor conditions behind the Pet Smart store on Ming
Avenue for violations.
Councilmember Sullivan requested the Budget and
Finance Committee review the feasibility of providing
financial support for the Fox Theatre 7!fh jubilee
anniversary.
Councilmember Sullivan made comments regarding the
Bakersfield Business Conference and thanked George
Martin and Borton, Petrini, Conron for providing the
conference for the past twenty-one years.
Councifmember Couch requested the Planning and
Development Committee address the streamlining of
the internal General Plan Amendment cycle process.
Councilmember Couch presented a tax bill from a recently
annexed property to City Manager Tandy which reflects a
two hundred thirteen dollar and seventy-four cent annual
savings.
Councilmember Couch requested staff approach the
City of Taft in order to facilitate a smooth process to
increase the Spheres of Influence for Taft and the City
of Bakersfield.
Bakersfield, California, October 12, 2005 - Page 14
ACTION TAKEN
16. MAYOR AND COUNCIL STATEMENTS continued
Councilmember Couch requested staff resend the
City's adopted policy regarding dairies to the County.
Councilmember Couch thanked staff for the traffic signal
and interim stop sign at Allen and Palm.
Councilmember Couch requested information regarding the
Adopt-a-Bench Program. Assistant City Manager
Christensen responded.
Councilmember Scrivner requested staff explore
options to enhance code enforcement staff.
Councilmember Scrivner expressed appreciation for the
honor of carrying the City of Bakersfield vote at the League
of California Cities Conference.
Vice-Mayor Maggard requested staff send thank you
letters to all involved in supporting the City's
acquisition of a permanent LAFco seat.
Vice-Mayor Maggard requested staff place the LAFco
representative appointment on the October 26 agenda.
Vice-Mayor Maggard requested staff determine
whether the Mt. Vernon street projects can avoid being
moved back to the next cycle.
Vice-Mayor Maggard requested staff arrange to meet
with the East Niles Community Services District in
order to resolve differences and plan for future growth.
Vice-Mayor Maggard requested staff research, in
conjunction with Don Jeagger, implementing a "Carrot
Festival".
Vice-Mayor Maggard requested staff provide a list of
criteria used last time redistricting boundaries were
revised.
Mayor Hall expressed appreciation to Donna Kunz, Charles
Webb and Dianne Hoover for helping provide staff for the
Mayor's Booth at the Bakersfield Business Conference and
made comments regarding the event.
Mayor Hall made comments regarding the return of the
Haunted Trail on October 29th at Yokuts Park.
Bakersfield, California, October 12, 2005 - Page 15
ACTION TAKEN
17 . ADJOURNMENT
Mayor Hall adjourned the meeting at 10:02 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield