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BAKERSFIELD CITY COUNCIL
AGENDA
JANUARY 11, 2006
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
4. CLOSED SESSION
a. Conference with Labor Negotiator, Bill Avery, pursuant to Government Code Section
54957.6.
b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One case)
c. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. Elizabeth Ann Peel, et al v City, et al
2. Roxanne Ayala, et al v K. C. Environmental Health, et al
3. Victoria Rosales, etc v City, et al
4. Gloria Navarro, et al v City, et al
5. Oxy Resources, LLC v City, et al (Rosedale Ranch)
6. Sierra Club v City, City Council, et al (Rosedale Ranch)
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Reverend Mark J. Lawrence, SI. Paul's Episcopal Parish.
7. PLEDGE OF ALLEGIANCE by Janet Herrera, Srd Grade Student at Horace Mann School.
B. CLOSED SESSION ACTION
9. PRESENTATIONS
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. One (1) appointment to Handicapped Access Appeals Board due to the resignation of Aaron
Lewis.
Staff recommends Council determination.
b. One (1) appointment to the Board of Directors of the North Bakersfield Recreation and Park
District, due to the expiration of term of Laura Whitaker, term expired January 1, 2006.
Staff recommends Council determination.
c. One (1) alternate appointment to the Local Agency Formation Commission (LAFCO) due to
the adoption of Senate Bill 967.
Staff recommends Vice-Mayor nomination.
12. CONSENT CALENDAR
(Ward 3)
(Ward 3)
(Ward 3)
(Ward 3)
Minutes:
a. Approval of minutes of the December 14, 2005 Regular City Council Meeting.
Payments:
b. Approval of department payments from December 2, 2005 to December 29, 2005 in the
amount of $18,048,454.56 and self insurance payments from December 2, 2005 to
December 29, 2005 in the amount of $392,860.00.
Ordinances:
First Reading of Ordinance adopting a negative declaration and amending Section
17.060.020 (Zone Map No. 104-07) of Title 17 of the Municipal Code by changing the zoning
from RS-2 Y2 acre (Agriculture-2 Y2 acre minimum lot) to R-1 (One Family Dwelling) on 20
acres for purposes of residential development, and from RS-2 Y2 acre to C-2 (Regional
Commercial) on 20 acres, generally located on the north side of Paladino Drive,
approximately % mile east of Morning Drive. (Applicant: Marino & Assoc.) (File 05-0341)
First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020
(Zone Map No.1 03-24) of Title 17 of the Municipal Code by changing the zoning from an R-2
(Limited Multiple Family Dwelling) to an R-1 (One Family Dwelling) on .19 acres generally
located on the north side of Highland Knolls Drive, approximately Y2 mile east of Fairfax
Road. (Applicant: Mcintosh & Assoc.) (File 05-1283)
Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020
(Zone Map NO.1 04-08) of Title 17 of the Municipal Code by changing the zoning from A
(Agriculture) to R-1 (One Family Dwelling) on 39.09 acres generally located at the northwest
corner of Valley Lane and Bella Drive (File No. 05-0531). (FR 12/14/05)
f. Adoption of amendments to various Ordinances relating to development standards
(FR 12/14/05):
c.
d.
e.
1. Final Tract Maps
2. R-1 One-Family Dwelling Zone
3. R-2 Limited Multiple Family Dwelling Zone
4. R-3 Limited Multiple Family Dwelling Zones
5. R-4 Multiple Family Dwelling Zone
6. PUD Planned Unit Development Zone
7. PCD Planned Commercial Development Zone
8. Signs
Resolutions:
g.
Memorial Grove Project:
1. Resolution approving Notice of Exemption from the California Environmental Quality
Act (CEQA) compliance for the Memorial Grove Project located at the west side of
Manor Street just south of the Kern River.
2. Appropriate $2,000.00 fund balance to the Recreation and Parks Department
Operating Budget.
2
(Ward 1)
(Ward 1)
(Ward 2)
(Ward 6)
(Ward 1)
(Ward 4)
(Ward 4)
(Ward 5)
(Ward 5)
(Ward 5)
(Ward 3)
(Ward 4)
12. CONSENT CALENDAR continued
Emergency repairs to a portion of the 42 inch sewer main line at the intersection of MI.
Vernon Avenue and Brundage Lane:
1. Resolution dispensing with bidding procedures due to emergency cleanup required
for sewer spill, not to exceed $660,000.00.
2. Appropriate $660,000.00 from the Sewer Enterprise Fund to the Public Works
Capital Improvement budget.
Engine/generator replacement at Wastewater Treatment Plant 2:
1. Resolution dispensing with bidding procedures due to emergency replacement of
existing engine/generator and for service, support, and maintenance costs, not to
exceed $700,000.00.
2. Appropriate $700,000.00 from the Sewer Enterprise Fund to the Public Works
Department operating budget.
j. Amendment No. 14 to Resolution No. 44-93 setting salaries and benefits for the Temporary
Unit - Recreation & Parks Positions.
h.
i.
k.
Resolution ordering the summary vacation of 26 foot wide private access easement located
at the southwesterly corner of Westwind Drive and 19th Street (Parcel A of Parcel Map
Waiver 25-91).
Resolution ordering the summary vacation of the 25 foot alley between Stine Road and
Summerfield Drive, from the south right of way of Maybrook Avenue to the north right of way
of Panama Lane (Parcel Map 5702).
Resolution ordering the summary vacation of the future street at Filson Street, east of Hale
Street (Tract Map No. 1443).
Resolution of Intention No. 1410 to amend the Hageman Road Planned Major Thoroughfare
Area and preliminarily approving an increase in the cost and fee schedule for the Hageman
Road Planned Major Thoroughfare Area.
Resolution of Intention No. 1414 to add territory, Area 1-62 (Etchart, Verdugo NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1420 to add territory, Area 3-42 (Old River, Panama SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1421 to add territory, Area 3-43 (Pensinger, Windermere N) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1422 to add territory, Area 3-44 (Old River, Panama NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1423 to add territory, Area 4-43 (Valley, Bella NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1425 to add territory, Area 1-64 (Jenkins, Palm NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
I.
m.
n.
o.
p.
q.
r.
s.
I.
3
12. CONSENT CALENDAR continued
(Ward 3)
(Ward 6)
(Ward 2)
(Ward?)
(Ward?)
(Ward 1,6)
u.
Resolution of Intention No. 1426 to order the vacation of the public utilities easements on a
portion of 36th Street, west of Chester Avenue.
Resolution of Intention No. 1427 to add territory, Area 2-31 (Taylor, Hunter SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Resolution of Intention No. 1429 to order the vacation of 22nd Street between V Street and
Golden State Highway.
v.
w.
Agreements:
x.
Final Tract Map and Improvement Agreement with McMillin Cardona Crossing, LLC for Tract
6006 Phase 6 located north of McKee Road and west of State Route 99.
Transportation Impact Fee Agreement with Evergreen-Panama & Wible LLC for
improvements on the southwest corner of Panama Lane and Wible Road ($45,824.00
estimated impact fee credit).
z. Amendments to Agreements with Marderosian, Runyon, Cercone, Lehman & Armo for
outside legal services:
y.
1. Amendment NO.1 to Agreement No. 05-198 ($75,000.00, total not to exceed
$150,000.00) for Roxanne Ayala, et al v City, et al.
2. Amendment NO.1 to Agreement No. CA05-024 ($125,000.00, total contract not to
exceed $150,000.00) for Gloria Navarro, et al v City, et al.
3. Amendment NO.1 to Agreement No. CA05-021 ($125,000.00, total contract not to
exceed $150,000.00) for Victoria Rosales, et al v City, et al.
aa. Agreement with Ernest M. Solano, Ph.D. (base monthly retainer of $2,500.00 and $350.00
per psychological screening exam) for psychological screening services for 2 years.
bb. Amendment NO.7 to Agreement No. 98-222 with HTE, Inc. ($158,225.14) for service support
of licensed software.
cc. Amendment NO.1 to Agreement No. 04-384 with Loop Electric ($40,000.00, for a revised
not to exceed amount of $80,000.00 and extending the term for additional one year period)
for vehicle loop cutting.
Amendment NO.1 to Agreement No. 04-032 with Kenneth D. Schmidt and Associates
($73,000.00 for a revised not to exceed amount of $122,400.00) for groundwater monitoring
and reporting for Wastewater Treatment Plants 2 & 3 and 1-5 Farm.
ee. Amendment NO.2 to Agreement No. 04-217 with Pestmaster Services, Inc. ($75,000.00, for
a revised not to exceed amount of $221,000.00) for chemical application.
dd.
Bids:
ft. Accept bid from McKee Electric Company ($39,600.00) for voice and data wiring for the third
floor of the Borton Petrini Building. (Thomas Roads)
gg. Accept bid from Hi Standard Automotive ($44,776.18) for replacement lightbars and sirens.
hh. Accept bid from Higgins & Associates ($125,045.047) for park benches at The Park at
Riverwalk.
4
12. CONSENT CALENDAR continued
ii. CNG-powered street sweeper for the Solid Waste Division of the Public Works Department:
1. Accept bid from Kelly Equipment ($240,030.86) for one (1) CNG-powered street
sweeper.
2. Appropriate and transfer $106,000.00 from the Refuse Service Fund to the
Equipment Management Fund for said purchase.
2004/2005 Federal Funded Resurfacing Various Streets Project:
(Ward 1,2,3,5,6,7) jj.
(Ward 2,3)
kk.
(Ward 4)
II.
1. Accept bid to award contract to Griftith Company ($1,095,764.00) for the construction
of the project.
2. Transfer $230,000.00 ISTEA and transfer $30,000.00 GTF.
34th Street and San Dimas Street Storm Drain Project:
1. Accept base bid to award contract to Griftith Company ($586,762.00) for construction
of the project.
2. Appropriate $350,000.00 Sewer Enterprise Fund balance to the capitallmprovment
budget within the Sewer Enterprise Fund.
Enos Lane Parking Lot Landscaping & Irrigation Project:
1. Accept bid and award contract to Brown & Fowler Construction ($131,868.00) for the
construction of the project.
2. Appropriate $40,000.00 fund balance to the Water Resources Department Capital
Improvement Budget within the Agriculture Water Fund.
(Ward 1,2)
Miscellaneous:
mm. Appropriate $38,374.00 Fund Balance to the Redevelopment Operating Budgets
(Southeast $11 ,512.00; OTK $6,140.00 and Downtown $20,722.00) for the Bakersfield
Redevelopment Agency Statewide share for Education Revenue Augmentation Fund (ERAF)
FY 2005-06.
nn. New law (AB1234) regarding Council Compensation. (Staff recommends referral to
Legislative and Litigation Committee.)
Staff recommends adoption of Consent Calendar items a through nn.
13. CONSENT CALENDAR HEARINGS
14. HEARINGS
15. REPORTS
a. Planning and Development Committee Report on Streamlining the General Plan Amendment
Cycle and Review Process.
Staff recommends acceptance of report and implement the recommendations.
5
16. DEFERRED BUSINESS
a. Resolution approving proposed changes to ward boundaries. (Ward Reapportionment)
Staff recommends Council adopt resolution.
b. Cooperative Agreement with State of California Department of Transportation (Cal Trans) for
the Thomas Road Program.
Staff recommends approval of agreement.
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
¡l' ~~/11
Alan Tandy
City Manager
t/5/0610:45am
6
AGENDA HIGHLIGHTS
JANUARY 11, 2006 COUNCIL MEETING
REGULAR MEETING 5:15 D.m.
CLOSED SESSION
There will be a conference with the labor negotiator, and conferences with legal counsel regarding two
cases of potential litigation and six cases of existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 D.m.
APPOINTMENTS
There will be three appointments; one to the Handicapped Access Appeals Board; one to the Board of
Directors of the North Bakersfield Recreation and Park District; and one alternate to the Local Agency
Formation COmmission.
CONSENT CALENDAR
Ordinances
Item 12c. First Readina of Ordinance Amendina the Municical Code bv Chanaina the Zonina from RS to R-
1 on 20 Acres Generallv Located on the North Side of Paladino Drive. Accroximatelv v.. Mile East of
Mornina Drive. Marino & Associates proposes this zone change to allow a single-family residential
development on the northerly 20 acres of the project site and commercial on the southern 20 acres. The
proposal is consistent with the General Plan land use designations. On November 17, 2005, the Planning
Commission held a public hearing and recommended approval. No one spoke on the project at the hearing.
The project site is located within the Northeast Bakersfield Parks and Trails Plan (Trails Plan). The Trails
Plan requires a Class 2 bike lane and a separate multi-use trail along Rivani Drive (minimum trail cross-
section width of 28 feet) (Condition No. 10). These trail connections provide access to a future 20+ acre
park site located on the south side of Paladino Drive, just southwest of the project site.
Item 12d. First Readina of Ordinance Amendina the Municical Code bv Chanaina the Zonina from R-2
to R-1 on .19 Acres Generallv Located on the North Side of Hiahland Knolls Drive. Accroximatelv 112 Mile
East of Fairfax Road. Mcintosh & Associates proposes the zone change in order to have the zone
designation consistent with the General Plan Land Use designation of LR and facilitate development of a
subdivision which consists of 69 lots on 25.8 acres for single-family residential units. The proposed zone
change is compatible with the existing land uses. On December 1, 2005, the Planning Commission held a
public hearing and recommend adoption by the City Council. No one spoke in opposition to the project at
the hearing.
Resolutions
Item 12h. Resolution Discensina with Biddina Procedures Due to Emeraencv Sewer Recairs to a Portion
of the 42-inch Sewer Main Line at the Intersection of Mt. Vernon Avenue and Brundaae Lane. in an amount
not to exceed $660.000. On Wednesday afternoon, December 21, 2005, a sewer pipe failure developed on
the property at the southeast corner of Mt. Vernon Avenue and Brundage Lane which was caused by the
collapse of a portion of a 42-inch concrete sewer line. The top of the concrete pipe had deteriorated,
leaving a portion of the sewer line exposed. The Public Works Director and staff inspected the exposed
concrete sewer pipe which showed large holes that could have resulted in a failure in the very near future.
Agenda Highlights
January 11 , 2006
Page 2
The Public Works Director determined that the repairs could not be fixed by City staft alone, and found the
problem to be an emergency and the work to be pertormed was of urgent necessity for the preservation of
life, health, or property. The Public Works Director authorized Granite Construction Company, on a time
and material basis, to replace a portion of the sewer main across the intersection of MI. Vernon Avenue and
Brundage Lane.
Item 12;. Resolution DisDensina with Biddina Procedures Due to Emeraencv ReDlacement of Existina
Enoine/Generator at Wastewater Treatment Plant NO.2. and for Service. SUDDort and Maintenance Costs.
in an amount not to exceed $700.000. Wastewater Treatment Plant 2 operates two engine/generators that
utilize digester gas produced on-site to generate approximately 80% of the electrical power required to
operate the plant. This results in a reduction in electricity costs of approximately $576,000 per year. A
catastrophic mechanical failure on one of the two existing engine/generators has forced the plant to operate
only one engine/generator and purchase additional electricity from PG&E (approximately $1,000 per day).
The estimate to repair this engine is approximately $200,000.
Parts are difticult to obtain and are frequently not in stock from the local sole source supplier (Waukesha),
which has, at times, caused lengthy delays. Also, when parts are purchased from Waukesha, they are
generally 30% more expensive than a similar Caterpillar manufactured part. (I.e. Waukesha spark plugs
$165 per plug / Caterpillar spark plugs $28 per plug). Unlike Waukesha, Caterpillar parts can be purchased
from any Caterpillar supplier without having to pay a premium. Staft believes that under these
circumstances, an investment in a new larger engine/generator manufactured by Caterpillar is warranted.
The larger engine/generator will allow Wastewater Treatment Plant 2 to produce 90%-95% of the total
electrical power demand and set-up plant 2 for increased power demands and savings in the future when
ultimately the incoming wastewater flow will increase.
Aareements
Item 12z. Amendments to Aareements with Marderosian. Runvon. Cercone. Lehman & Armo for Outside
Leoal Services. Amendment No. 1 to Agreement No. 05-198 would add an additional $75,000;
Amendments NO.1 to Agreement Nos. CA05-024 and 05-021 would add an additional $125,000 to each
agreement. The amendments will bring the total of each agreement to $150,000. No appropriations are
necessary as the amounts were budgeted. It is possible that some cases will be resolved without
expending the approved amounts.
Item 12bb. Amendment NO.7 to Aoreement No. 98-222 with HTE Inc. for Service SUDDOrt of Licensed
Software in the amount of $158.225.14. HTE developed many of the software programs which the City runs
on the AS/400 computer. This amendment will ensure that HTE continues to update software and provide
service for any problems encountered with these programs. The agreement calls for a one-time payment of
$158,225.14 which will ensure support through July 31,2006. The amount of $158,225.14 is a $5,595.88
increase (approximately 3.7%) from the 04-05 fiscal year, and reflects maintenance price increases by HTE.
Bids
Item 12ft. Award Contract to McKee Electric ComDanv for Voice and Data Wirino for the Third Floor of the
Borton Petrini Buildina in the amount of $39.600. (Thomas Roads\. Project engineers and support staft
associated with the Thomas Roads Projects will occupy the oftices that must be wired for connection to the
City's voice and data systems. Two acceptable bids were received. Staft recommends award to McKee
Electric Company.
Item 12hh. Award Contract to Hiooins & Associates for Park Benches at The Park at River Walk in the
amount of $125.045.47. Seven acceptable bids were received. Staff recommends award to Higgins &
Associates. Funds are budgeted in the FY 05/06 Park Improvement Fund.
Agenda Highlights
January 11 , 2006
Page 3
Item 12;;. Award Contract to Kellv Eauioment for the Purchase of One CNG-Powered Street Sweeoer for
the Solid Waste Division of the Public Works Deoartmenl. Two acceptable bids were received. Staft
recommends award to Kelly Equipment. The purchase will be made with $135,000 that was budgeted in
the Solid Waste Fund and an appropriation of $106,000 from the Refuse Service Fund. Staft has applied
for grants, and any grant money awarded will be used to reimburse the Refuse Service Fund.
Item 12jj. Award Contract to Griftith Comoanv for the Construction of the 2004/2005 Federal Funded
Resurfacina Various Streets Proiect in the amount of $1.095.764. This project consists of resurfacing and
minor reconstructian of 1) Madison Street from Hayes Street to SR 58; 2) Q Street from 31st Street to West
Columbus Street; 3) Harris Road from Gosford Road to 450 Feet East of Silvergate Street; and 4) Harris
Road from Stine Road to Annette Street (City Limit).
This project is funded by Federal Surface Transportation Program (STPL) funds. Funds in the amount of
$914,000 are available from the Capital Improvement budget. Staft recommends transfer additional funds
in the amount of $260,000 to complete the contract amount and cover other anticipated project expenses,
such as construction inspection and change orders. Two acceptable bids were received. Staft
recommends award to Griftith Company.
Item 1211. Award Contract to Brown & Fowler Construction to Construct the Enos Lane Parkina Lot
Landscaoina & Irriaation Proiect in the amount of $131.868. This final phase of the Kern River Bike Path
Extension - West Project is the installation of water storage, solar-powered pumping facilities, a drip
irrigation system, and tree and shrub landscaping around the perimeter of the parking lot on Enos Lane. It
will also provide restoration of river riparian habitat adjacent to a stretch of the new bike path extension
through the 2800 Acres and include re-vegetation of streamside areas along the south bank for the Kern
River channel. The project will be funded with the remaining $92,000 of the total $2.5 million of Proposition
13 grant funds and $40,000 of Water Enterprise Funds. The local dollars are required by the State and will
allow completion of the final Kern River Parkway Project under the River Protection Grant Program. Two
acceptable bids were received. Staft recommends award to Brown & Fowler Construction.
Miscellaneous
Item 12nn. New Law (AB1234) reaardina Council Comoensation. This bill requires cities which provide
Council members reimbursement for expenses to adopt a written policy which sets for the parameters under
which such reimbursement may be received and what expenses qualify. In addition, the new law requires
eligible Council members to complete a two-hour ethics class by January 1, 2007. Staft recommends this
be referred to the Legislative and Litigation Committee for review and analysis of sample resolutions and
policies prior to final approval by the full Council.
REPORTS
Item 15a. Plannina and Develooment Committee Reoort on Streamlinina the General Plan Amendment
Cvcle and Review Process. The issue of streamlining the General Plan amendment cycle and process
was referred to the Planning and Development Committee for review. There are concerns regarding the
number of General Plan amendments to be considered by the Council (21 scheduled for the first cycle in
February 2006) and the ability to review them in a timely manner for each of the four General Plan
amendment cycles allowed by state law.
The Committee expressed a desire to have applicants resolve any outstanding issues with any
surrounding property owners or aftected groups well in advance of the request coming before either the
Planning Commission and/or the City Council. Additionally, it was thought that a specific meeting in each
of the months that General Plan Amendments are heard could be dedicated to the hearings. The meeting
would not have any closed session or other non-consent items, unless there was an emergency or an
item of an urgent nature which required immediate Council action.
Agenda Highlights
January 11, 2006
Page 4
The Committee also wanted to encourage all City Council members to address any concerns or issues
regarding any consent calendar items in advance of the Council meeting. Additionally, staft would be
available following the meeting to accept any Council referrals that could not wait until the next meeting.
DEFERRED BUSINESS
Item 16a. Ward ReaDoortionment. Two concepts, numbers 21 and 22 were distributed on November 18,
2005, but have not been discussed. Concept maps, which included a possible eighth ward and a
configuration that achieved balance without contiguity, were distributed on December 6, 2005. After review,
the City Attorney found that contiguity was not a limiting factor. As a result, option 24 was created. Staft is
cautiously optimistic that this version addresses many of the concerns expressed by Council members.
Staff recommends approval of a resolution approving the proposed changes to the ward boundaries, with a
reference to the appropriate map included in the motion.
Item 16b. CooDerative Aareement with State of California DeDartment of TransDortation ICal Trans) for the
Thomas Road Proaram. This Agreement provides the framework by which the City and Cal Trans will work
cooperatively as a team to develop, design, and construct the projects in an expedited and efticient manner.
Cal Trans has agreed to use all means available to streamline the development of and expedite the
approval of the Thomas Roads Projects. The Agreement identifies the City as the party with the control of
the program and projects, and limits Cal Trans to an oversight role, unless the City requests a higher level
of involvement. However, as with all federal transportation funding, Cal Trans is basically the escrow
company for the SAFETEA-LU funds, and thus will continue to have responsibilities related to dispensing of
these funds to the City.
Cal Trans will assign key personnel to work side-by-side with City, County, and consultant staff in an office
developed by the City on the third floor of the Borton-Petrini building. They will explore alternate methods
(as allowed by California and Federal laws) to expedite the reimbursement process, such as using
electronic invoicing and bank transfers. And, as part of a pilot program related to the SAFETEA-LU bill, Cal
Trans will assume the responsibilities of the Federal Highway Administration with regards to review of
environmental studies and documents.
The Agreement also addresses State Route 58. The State has agreed to pursue the adoption of a future
permanent alignment for SR58 from the eastern metropolitan area of Bakersfield west to Interstate 5. In the
interim, the State will support a request by the City and County to have the existing SR58 from SR99 to
SR43 relinquished to the local jurisdictions. This will expedite the widening of Rosedale Highway, one of
the Thomas Roads projects, and potentially save millions of dollars. Once the North Beltway (7'h Standard
Road) widening is completed, the State has agreed to pursue the designation of 7th Standard as an interim
SR58 until the "permanent" SR58 alignment is constructed.
Further, the Agreement outlines an issue resolution process, defining an organizational structure that
incorporates an appeals process whereby disagreements are elevated to higher level committees for
resolution.
Approved:
Alan Christensen, J'l/l
Assistant City Manager 91l ~
cc: Department Heads
Rhonda Smiley, Public Relations
City Manage(s File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGEND,J} SECTION: Closed Session
ITEM: '1.D.
Virginia Gennaro, City Attorney
December 20, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
t/ç--
t/V
¡r
TO:
FROM:
DATE:
Honorable Mayor and City Council
SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section
54957.6
VG:do
S:\COUNCIL\CI SesslAdmins\06-07\01-11-06 LaborNegdol.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Closed Session
ITEM: Lj.b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
1/&
t/(;
Ik
Virginia Gennaro, City Attorney
December 20, 2005
DEPARTMENT HEAD
CITY ATTORNEY
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9.
(two cases)
VG:do
S:\COUNCIL\CI SesslAdmins\06-07\01-11-06 Potential.dot
Oecember 20.2005, 11:57AM
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2006
AGENDA SECTION: Closed Session
ITEM: t..J.C,..
TO:
Honorable Mayor and City Council
FROM:
DATE:
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
December 20, 2005
APPROVED
~
¡/C--
CITY MANAGER ftû
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
· Elizabeth Ann Peel, et al v. City of Bakersfield, et al
Kern County Superior Court, Case No. S-1500-CV-254827-SPC
· Roxanne Ayala, et al. v K.C. Environmental Health, et al.
USDC, Eastern District, Case No. CV-F-02-5846 AWl LJO
. Victoria Rosales, etc. v. City of Bakersfield, et al.
USDC, Eastern District, Case No. CV-05-237 REC TAG
. Gloria Navarro, et al v. City of Bakersfield, et al
Kern County Superior Court Case No. S-1500-CV-254712-SPC
VG:do
S:\COUNCIL\CI Sess\Admins\06-07\01-11-06EJdstlit.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Appointments
ITEM: I\.a.,
TO:
FROM:
APPROVED
DEPARTMENT HEAD~~¡JK
CITY ATTORNEY ~
CITY MANAGER fI4v
SUBJECT: One appointment to the Handicapped Access Appeals Board due to the resignation of
Aaron Lewis.
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
DATE:
December 22, 2005
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently, there is one vacancy on the Handicapped Access Appeals Board due to the resignation of
Aaron Lewis. The news release for this recruitment was posted on June 23, 2003. Members are
nominated and appointed by the full Council. There are no terms specified.
An application to fill the public member vacancy has been received from Scott Rice.
The Board of Appeals for Handicapped Access reviews written appeals brought by any person regarding
action taken by the Building Department of the City in enforcement of the requirements of Part 5.5 of
Division 13 (Sections 19955 through 19959) of the California Health and Safety Code. The Board
conducts hearings on written appeals made under subsection A above, and may approve or disapprove
interpretations of the specified Health and Safety Code section and enforcement actions taken by the
building department of the city.
Members of the Handicapped Access Appeals Board must be residents of the City throughout their terms.
The board is comprised of two members who are physically handicapped persons, two shall be persons
experienced in construction, and one member serves as a public member. The planning director and
building director serve in an advisory capacity to the board on all matters which may come before it.
There are no specified meeting dates, the board meets on an as needed basis.
December 28, 2005, 8:08AM
S:IBds&CommlHAABIADMIN 2006.dot
ADMINISTRATIVE REPORT
MEETING DATE January 11, 2006
AGENDA SECTION: Appointments
ITEM: It. b.
TO:
FROM:
Honorable Mayor and City Council
Pamela A. McCarthy, City Clerk
APPROVED
DEPARTMENT HEAIÝl.. ,
CITY ATTORNEY ~
CITY MANAGER k
DATE
December 22, 2005
SUBJECT: One appointment to the Board of Directors of the North Bakersfield Recreation and
Park District, due to the expiration of term of Laura Whitaker, term expired January 1, 2006.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
There is one appointment to the Board of Directors of the North Bakersfield Recreation and
Park District due to the expiration of term of Laura Whitaker, whose term expires December 1,
2006. The news release was posted on November 9, 2005.
Applications for appointment have been received from the following:
. Robert Blakemore
. Robert Halterman
Copies of the applications are provided for your information.
The five member District Board has the responsibility of providing the District with clearly
defined goals and objectives in support of its mission; to provide and maintain an adequate
program of recreation activities and a system of areas and facilities designed to support them;
and to establish rules and regulations governing internal organization and operation. City
representatives are nominated and appointed by the full Council, and must be a resident of the
City and the District throughout the four-year term.
Meetings are held on the third Monday of each month at 5:30 p.m., at the District Office, 405
Galaxy Avenue.
S:\8ds&Comm\NBR&Pladmin Jan 2006.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Appointments
ITEM: II. t.
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY (YI~v- fJf'
CITY MANAGER /t',
I
SUBJECT: One "Alternate" appointment to the Local Agency Formation Commission (LAFCO) due to
the adoption of Senate Bill 967.
Honorable Mayor and City Council
TO:
FROM:
Pamela A. McCarthy, City Clerk
DATE:
December 29, 2005
RECOMMENDATION:
Staft recommends Vice-Mayor nomi na t i on.
BACKGROUND:
On October 26, 2005, the City Council appointed Councilmember Couch as the City's representative to
the Local Agency Formation Commission, due to the passage of Senate Bill 967. The City also receives
an "Alternate" position on the Commission. The Alternate appointee attends the LAFCO meetings when
Councilmember Couch is unable to attend. The term of the appointment runs concurrent with the term of
the Vice-Mayor.
The new 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 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.
Oecember 30, 2005, 8:20AM
S:\8ds&CommIMISC\LAFCO aftemate ADMIN Jan 06A.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2006
AGENDA SECTION: Consent Calendar
ITEM: I J... 0-..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
December 22,2005
APPROVED
DEPARTMENT HEA~
CITY ATTORNEY
~
CITY MANAGER
SUBJECT: Approval of minutes of the December 14, 2005 Council Meeting.
RECOMMENDATION:
Staft recommends approval.
BACKGROUND:
~
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2006
AGENDA SECTION: Consent Calendar
ITEM: (:l.b.
TO:
Honorable Mayor and City Council
APPROVED
DATE:
December 29, 2005
CITY ATTORNEY
CITY MANAGER
:é~
!J,.0
,
FROM:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
SUBJECT: Approval of department payments from December 2, 2005 to December 29, 2005 in the
amount of $18,048,454.56 and self insurance payments from December 2, 2005 to
December 29, 2005 in the amount of $392,860.00.
RECOMMENDATION:
Staft recommends approval of payments totaling $18,441,314.56.
BACKGROUND:
RAR
December 29, 2005, 1 :52PM
S:IKimGIForms & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent
ITEM: \:1. f"
TO:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
/irw
¡Jµ-;-
FROM:
Stanley C. Grady, Development Services
DEPARTMENT HEAD
DATE:
December 13, 2005
CITY ATTORNEY
SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone
Map No. 104-07) of Title Seventeen of the Bakersfield Municipal Code by changing the
zoning from an RS-2Y:i acre (Agriculture-2 Y:i acre minimum lot) to an R-1 (One Family
Dwelling) zone on 20 acres for purposes of residential development, and from an RS-2Y:i
acre (Agriculture-2 Y:i acre minimum lot) to a C-2 (Regional Commercial) zone on 20
acres, generally located on the north side of Paladino Drive, approximately Yo mile east
of Morning Drive. Applicant: Marino & Associates (File # 05-0341) tyVard 3)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On November 17, 2005, the Planning Commission held a public hearing and recommended
approval of this zone change to allow a single family residential development on the northerly 20
acres of the project site and commercial on the southern 20 acres generally located on the north
side of Paladino, approximately Yo mile east of Morning Drive.
The applicant desires to rezone the property consistent with the General Plan Land Use
designations. The Land Use map of the General Plan depicts General Commercial on the
southern 20 acres of the project site and Low Density Residential on the northerly 20 acres of
the project site. The proposal is consistent with the General Plan land use designations.
No one spoke on the project at the Planning Commission hearing.
A Specific Plan (SP) line is presently adopted for Morning Drive north of Paladino Drive. A
north-south collector street, without an adopted SP line, is shown to generally bisect the subject
property on the General Plan Circulation Element. The collector street intersects the Morning
Drive SP line at an unacceptable alignment and location. This north-south collector is the
extension of Rivani Drive, established with Tentative Tract 6426 located on the south side of
Paladino. Rivani Drive is on the old Morning Drive alignment which presently has a Class 1
bikeway (Bike Path) constructed on it and which is shown on the Trails Plan. The Class 1
ADMINISTRATIVE REPORT
Page 2
bikeway also extends west along the north side of Paladino Drive to Fairfax Road. Upon further
development of the project site, the developer shall be required to design the collector street
(northerly extension of Rivani) with an alignment that meets City design standards (Condition
No.6).
The project site is located within the Northeast Bakersfield Parks and Trails Plan (Trails Plan).
The Trails Plan requires a Class 2 bike lane and a separate multi-use trail along Rivani Drive
(minimum trail cross-section width of 28 feet) (Condition No. 10). Rivani Drive is the north/south
collector street that bisects the project site. The multi-use trail must be consistent with the cross-
section contained in the Trails Plan. The project is required to maintain the existing a Class 1
bikeway connection along the north side of Paladino Drive and extending north on and along the
Rivani Drive (Old Morning Drive alignment) and provide a smooth transition at intersections as
approved by the City Engineer. These trail connections provide access to a future 20+ acre
park site located on the south side of Paladino Drive, just southwest of the project site.
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 from an air quality study were included in the conditions of
approval that reduce the following air quality impacts to less than significant.
je
admin\1-11-0341
. - ___......--__n
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent
ITEM: I . .
APPROVED
DEPARTMENT HEAD%
CITY ATTORNEY ¡{]pz4
CITY MANAGER ,* /
SUBJECT: An ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map
No. 103-24) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) zone
on 0.19 acres generally located on the north side of Highland Knolls Drive, approximately %
mile east of Fairfax Road. Applicant: Mcintosh & Associates (File No. 05-1283). (Ward 3)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services
December 13, 2005
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On December 1, 2005, the Planning Commission held an advertised public hearing on this zone
change request, and recommend adoption by the City Council. The zone change request consists
of changing the zoning from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family
Dwelling) zone on 0.19 acres. The purpose of the zone change is to have the zone designation
consistent with the General Plan Land Use designation of LR (Low Density Residential), and
facilitate development of Vesting Tentative Tract 6422, which consists of 69 lots on 25.8 acres for
single family residential subdivision.
No one spoke in opposition to the project at the Planning Commission hearing.
The general vicinity is undergoing urbanization. It is expected adjacent property will be developed
pursuant to the residential land uses shown on the General Plan. The proposed zone change is
compatible with the existing land uses.
Staff conducted an initial study that determined the project would not have a significant impact on
the environment. Staff recommends adoption of the Negative Declaration and first reading of the
ordinance.
je
admin'1-11-1283
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent
ITEM: I;).f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD j;:;;:;¡
CITY ATTORNEY _
CITY MANAGER I ~
Stanley C. Grady, Development Services Director
December 13, 2005
SUBJECT: An ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map
No. 104-08) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning
from an A (Agriculture) zone to an R-1 (One Family Dwelling) zone 0 39.09 acres generally
located at the northwest corner of Valley Lane and Sella Drive. Applicant: David Ritcher
(File No. 05-0531). (Ward 3)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
The City Council conducted the first reading of the ordinance on December 14, 2005.
On October 20, 2005, the Planning Commission held an advertised public hearing on this zone
change request, and recommend adoption by the City Council. The zone change request consists
of changing the zoning from A (Agriculture) zone to an R-1 (One Family Dwelling) zone on 39.09
acres located at the northwest corner of Valley Lane and Bella Drive. The purpose of the zone
change is to have the zone designation consistent with the General Plan Land Use designation of
LR (Low Density Residential).
No one spoke in opposition to the project at the Planning Commission hearing.
The general vicinity is undergoing urbanization. It is expected adjacent property will be develope
pursuant to the residential land uses shown on the General Plan. The proposed zone change
compatible with the existing land uses.
Staff conducted an initial study that incorporated an air quality impact study, biota study, cultural
resources study prepared by professional consultants. Mitigation measures for these impacts have
been included in the project to reduce all impacts to less than significant. These mitigation
measures are shown in attached Exhibit "A," conditions of approval. Staff recommends adoption of
the Negative Declaration and first reading of the ordinance.
JE
adminI2006\01-11-0531.2nddoc
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2006
AGENDA SECTION: Consent Calendar
ITEM: Ia..f'.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Virginia Gennaro, City Attorney
DATE:
December 23, 2005
DEPARTMENT HEAD
CITY A HORNEY
CITY MANAGER
!/?
I/c!.---
&-/
,
SUBJECT: Amendments to various ordinances relating to:
1. Final Tract Maps
2. R-1 One-Family Dwelling Zone
3. R-2 Limited Multiple-Family Dwelling Zone
4. R-3 Limited Multiple-Family Dwelling Zones
5. R-4 Multiple-Family Dwelling Zone
6. PUD Planned Unit Development Zone
7. PCD Planned Commercial Development Zone
8. Signs
RECOMMENDATION:
Staff recommends adoption of all ordinance revisions.
BACKGROUND:
From time to time, City Staft identifies sections within our Bakersfield Municipai Code that should
be revised to clarify language, remove ambiguity, reflect what is actually being done, and/or to correct
typographical errors. Rather than propose each ordinance revision when discovered, the City Attorney
keeps track of the suggested changes and then gathers them together for presentation to the City Council
as part of a general "clean-up".
Staft is proposing the clean-up items to Chapters 15, 16, and 17 of the Bakersfield Municipal Code.
These ordinances, with the exception of Sections 15.66.080, 16.16.010, 16.28.170 and 17.080150
received first reading at the December 14,2005 City Council meeting.
S:CQUNC!UAdmins\05-06 Admins\C!eanup Ords adopt 15,16,17_doc
Dccember 23, :2005 ·11:15 AM
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1,:)...0,.
o
TO:
Honorable Mayor and City Council
DATE:
December 23, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
Ú2-&--,
,
id?n4-
/I(
FROM:
Dianne Hoover
Director of Recreation and Parks
DEPARTMENT HEAD
SUBJECT:
Memorial Grove Project (Ward 3):
1). Resolution approving the Notice of Exemption from the California Environmental Quality
Act (CEQA) compliance for the Memorial Grove Project located at the west side of Manor
Street just south of the Kern River.
2). Appropriate $2,000 contribution to the Recreation and Parks Department Operating
Budget in the General Fund.
RECOMMENDATION:
Staft recommends approval of the resolution for the exemption and appropriation of funds.
BACKGROUND:
The Memorial Grove Project is located along the west side of Manor Street just south of the Kern River
and adjacent to the Manor Street Parking Area. The project involves the restoration of a "degraded"
riparian habitat within the Kern River Parkway Plan Area which is designated for this public project of
native species. The Kern River Plan historically supported a wide riparian area at Manor Street, with the
advent of the Lake Isabella Dam the gallery forest has for the most part died out.
The project includes the removal of non-native species which have invaded the area, and replacing them
with native species. All 100 trees to be planted are from the adopted Kern River Parkway tree list which is
used exclusively within the Kern River Parkway Plan Area. The project will partially restore an important
habitat area which is a recognized wildlife corridor. The project is a joint eftort involving the Bakersfield
Breakfast Rotary Club, the Tree Foundation of Kern, Kern River Parkway Foundation and city staff. Total
cost of the project is approximately $10,000, with a $2,000 contribution coming from the Bakersfield
Breakfast Rotary Club. The balance will come from the Recreation and Parks Department operating
budget.
January 3,2006, 11:53AM:kt
S:\2005 Admins\Memorialgroveadmin.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: I;).. h.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
January 3, 2006
IL
CITY A HORN
CITY MANAGER
SUBJECT: Emergency repairs to a portion of the 42 inch sewer main line at the intersection of Mt.
Vernon Avenue and Brundage Lane (Ward 1)
1. Resolution dispensing with bidding procedures due to emergency sewer repairs, not to
exceed Six Hundred and Sixty Thousand Dollars ($660,000.00).
2. Appropriate Six Hundred and Sixty Thousand Dollars ($660,000.00) from the Sewer
Enterprise Fund to the Public Works Capital Improvement budget.
RECOMMENDATION: Staff recommends approval of resolution and appropriation.
BACKGROUND: On Wednesday afternoon, December 21, 2005, Streets Division staff responded to a call
regarding a sewer pipe failure that had developed on the property at the S/E corner of Mt. Vernon Avenue
and Brundage Lane. Upon further investigation it was discovered that the failure was caused by the
collapse of a portion of a 42 inch concrete sewer line. The top of the concrete pipe had deteriorated,
leaving a portion of the sewer line exposed. Due to the nature of the emergency, the Public Works
Director was notified.
The Public Works Director and staff inspected the exposed concrete sewer pipe and conducted a video
inspection of the sewer line where it crosses under the intersection of Mt. Vernon Avenue and Brundage
Lane. The results of the video investigation showed that the 42 inch sewer line had large holes in the
sewer pipe which could have resulted in a failure in the very near future.
As a result of the investigation and considering the solution to fix the problem, the Public Works Director
determined that the repairs could not be fixed by City staff alone and found the problem to be an
emergency and the work to be performed was of urgent necessity for the preservation of life, health, or
property.
The Public Works Director authorized Granite Construction Company, on a time and material basis, to
replace a portion of the 42 inch sewer main, across the intersection of MI. Vernon Avenue and Brundage
Lane.
The 42 inch sewer main that failed was installed in 1912 and is part of a larger sewer replacement project
that is currently being designed. The designed project consists of replacing/repairing the Brundage Lane
sewer line from Mt. Vernon Avenue, west to "L" Street. Public Works will be coming up with a plan to
accelerate this project for Council consideration.
January 4, 2006, 2:49PM
G:\GROUPDA TìADMINRPT\2006\01-11\EmrgncySwrRepairs Brundage_Mt Vernon_Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.1. i,
APPROVED
DEPARTMENTHEAD~~~
CITY ATTORNrff I3'JtbJ
CITY MANAGER k
SUBJECT: Engine/generator replacement at Wastewater Treatment Plant 2 (Ward 1)
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 30, 2005
1. Resolution dispensing with bidding procedures due to emergency replacement for
existing engine/generator service, support, and maintenance costs not to exceed Seven
Hundred Thousand Dollars ($700,000.00).
2. Appropriate Seven Hundred Thousand Dollars ($700,000.00) from the Sewer Enterprise
Fund to the Public Works Department operating budget.
RECOMMENDATION: Staff recommends approval of resolution and appropriation.
BACKGROUND: Wastewater Treatment Plant 2 operates two engine/generators that utilize digester gas
produced on-site to generate approximately 80% of the electrical power required to operate the plant. This
results in a reduction in electricity costs of approximately $576,000 per year. A catastrophic mechanical
failure on one of the two existing engine/generators has forced the plant to operate only one
engine/generator and purchase additional electricity from PG&E (approximately One Thousand Dollars per
day). In the event of a power failure and in order to effectively treat sewage, both engine/generators must
be operating simultaneously. Caterpillar Company has an engine/generator that can be purchased and
installed on an expedited basis.
Staff therefore believes that the immediate purchase of the engine/generator is needed because in the event
of a power failure, both engine/generator must be operating to effectively treat sewage.
January 4, 2006. 3:52PM
G:\GROUPDATìADMINRPT\2006\01-11\Engine.Generator replacement WWTP 2_Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: \J.. i
\.J
TO:
FROM:
DATE:
Honorable Mayor and City Council ^ r¡
I~~
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
APPROVED
December 15,2005
CITY ATTORNEY
CITY MANAGER
f5U);
¡/Ç-
/k
SUBJECT: Temporary Salaries, Recreation and Parks Department
1. Amendment No. 14 to Resolution No. 44-93 setting salaries and related benefits for the
Temporary Unit
RECOMMENDATION:
Staff recommends approval of the resolution.
BACKGROUND:
The temporary salary schedule is being updated to make a two-tier salary range for the temporary
employees working in Recreation. The success of the two-tiered system in the aquatics area last summer
lead the Director of Recreation & Parks to propose a similar system for Assistant Site Manager, Program
Coordinator, Program Leader and Site Manager. The second levels are $.25 ; per hour higher than
the lower levels. These increases are recommended to address the difficulty recruiting temporary
employees at the lower salaries. Increasing the salaries will allow us to hire and retain qualified
applicants. This will also significantly reduce retraining costs.
The department has sufficient funds in their current budget to cover this increase.
Um)
1/3/2006 11 :03 AM
S:\ADMINRPTlTemporary Salary Revisions 2006.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1:1 K.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD Q¡f I- IlL
CITY ATTORNEI ~
If¿
CITY MANAGER
FROM:
Raul M. Rojas, Public Works Director
DATE:
December 27, 2005
SUBJECT: Resolution ordering the summary vacation of the 26 foot-wide private access easement
located at the southwesterly corner of Westwind Drive and 19th Street, as shown on Parcel
A of Parcel Map Waiver 25-91 (Ward 2)
RECOMMENDATION: Staft recommends adoption of Resolution.
BACKGROUND:
Allen Hubsch, on behalf of the ownership of 1801 Westwind Drive had submitted a request for a summary
vacation of the 26-foot wide private access easement on Lot A of Parcel Map Waiver 25-91. The
easement was created by an ofter of dedication on Tract No. 4542. The intent of the dedication was to
give access across Lot 3 of said tract map from Westwind Drive to Lot 2 of said tract. Subsequently, Lots
1, 2, and 3 were recombined by a certificate of compliance creating Lots A and B of Parcel Map Waiver
25-91, filed for record on November 15,1991.
Thereafter, a United States Veterans Administration Outpatient Clinic was constructed on Lot A. The
Outpatient Clinic encroaches upon the easement, and constitutes a negative title and survey exception
that impairs the value of the property, and the ability of the owner to obtain financing.
Because Lots 1, 2, and 3 have been recombined, an access easement to said Lot 2 is no longer
necessary. The recombined lots have enough access to and from Westwind Drive.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. There has been no 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 December 12, 2005 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
January 3, 2006, 10:54AM
G:\GROUPDAT\ADMINRPT\2006\01-11\summary vacation 26' access easement (westwind)
ADMINISTRATIVE REPORT
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 eftect on the environment.
January 3, 2006, 1 0:54AM
G:\GROUPDAT\AOMINRPT\2006\01-11\summary vacation 26' access easement (westwind)
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: /.;1,.1.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY MANAGER
APPROVED
;fL
lfJmJ
&
,
December 22, 2005
CITY ATTORNEY
SUBJECT: Resolution ordering the summary vacation of the 25-foot alley between Stine Road and
Summerfield Drive, from the South right of way of Maybrook Avenue to the North right of
way of Panama Lane, as shown on Parcel Map 5702 (Ward 6)
RECOMMENDATION: Staft recommends adoption of Resolution.
BACKGROUND:
San Joaquin Engineering, Inc., on behalf of Storageone JK Management Group, LLC is submitting a Lot
Line Adjustment for said site. The adjusted lots will cover the alley. The C-2 (Commercial) zoned property
has remained undeveloped for 24 years, and the alley has never been built or used. These lots within
Parcel Map 5702 are going to be used for commercial purposes. Thus the alley must be vacated in order
to proceed with the development.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. There has been no 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 December 15, 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 eftect on the environment.
December 23, 2005, 9:58AM
G:IGROUPDAnADMINRPT\2006101-11Isummary vacation 25-1001 alley (PM 5702)
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1c1. m .
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY i8Jn4.-
II-?
CITY MANAGER
Raul M. Rojas, Public Works Director
December 22, 2005
SUBJECT: Resolution ordering the summary vacation of the future street at Filson Street, east of Hale
Street, as shown on Tract Map no, 1443 (Ward 1)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Charles Fletcher and Steven Earnest, both property owners of Lots 5 and 6, respectively, of Tract No.
1443, have requested for the vacation of the future street at Filson Street, east of Hale Street. The said
future street as shown on Tract Map No. 1443 has never been built or used since the map was recorded
on July 21, 1948. Both applicants are in the anticipation of building aftordable multiple dwelling residential
for residents within their community.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. There has been no 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 December 15, 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.
December 27,2005, 10:27AM
G:IGROUPOAnADMINRPT\2006101-11Isummary vacation future street (1IIson) admin
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
- c· r'" -'~ I --' \,'
AGENDA SECTION: ~¿o~sent Calendar
ITEM: Ic2. r\ .
r"
v'
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
December 5, 2005
SUBJECT: Resolution of Intention No. 1410 to amend the Hageman Road Planned Major
Thoroughfare Area and preliminarily approving an increase in the cost and fee schedule for
the Hageman Road Planned Major Thoroughfare Area (Ward 4).
RECOMMENDATION:
Staff recommends approval of Resolution.
BACKGROUND: On February 20, 2002, the City Council approved Resolution No. 027-02, "Resolution of
the City of Bakersfield Adopting the Hageman Road Planned Major Thoroughfare Area and Making
Findings Relative Thereto".
The following is provided as background information on this Thoroughfare Area. The City is proposing to
construct the Hageman Road Flyover connecting Hageman Road with State Route 204, providing a much
needed connection between northwest Bakersfield and the downtown. This project will construct the
roadway and bridges from the intersection of Landco Drive and Hageman Road to State Route 204. The
north half of Hageman Road, between Mohawk and Landco, was a development requirement for the
property owner (Kyle Carter) on the north side of Hageman. Kyle Carter approached the City and
proposed that he construct both the north and south half of Hageman Road, including the landscaped
median and requested that the City reimburse him for the additional cost to construct the south half of the
road. The City Council approved this through the establishment of a Bridge and Major Thoroughfare Area,
which would require payment of the proportionate share of the road improvement upon development of the
property on the south side of the road.
The Developer has completed the improvements and has provided documentation for the costs incurred.
The actual costs exceeded the preliminary estimate. Staff has reviewed the documentation and verified
that the costs are reasonable. Therefore, staff recommends that the cost and fee schedule for the
Hageman Road Planned Major Thoroughfare Area be amended.
This resolution preliminarily approves the revised costs of the improvements and the assessment fee
schedule. The fee is proposed to increase from $1,547 per gross acre to $1,920 per gross acre. The
resolution sets a hearing for January 25, 2006. Subdividers/developers are charged this fee at time of
development to pay for the cost of constructing this improvement.
GL
December 5. 2005, 10:17AM
G:IGROUPDA T1ADMINRPT\2006101-11IHageman Road Planned Major Thoroughfare Area.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1;2..0.
TO:
Honorable Mayor and City Council
December 2, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
~
IV
.
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Resolution of Intention No. 1414 to add territory, Area 1-62 (Etchart, Verdugo NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
RECOMMENDATION: Staft recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6343 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-62 is generally bounded by a line approximately 1,320 feet north of Etchart
Road on the north, Calloway Drive on the east, Etchart Road on the south and Verdugo Lane on the west.
This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when
street landscaping has been installed.
Staft is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
December 2,2005, 1:16PM
MD1-62Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: (¡.C).
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD f1"2--
CITY ATTORNEY IéìJn4
FROM:
Raul M. Rojas, Public Works Director
DATE:
December 2, 2005
CITY MANAGER
ff£
SUBJECT: Resolution of Intention No. 1420 to add territory, Area 3-42 (Old River, Panama SE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. 0Nard 5).
RECOMMENDATION: Staft recommends adopting the Resoiution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6359 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-42 is generally bounded by a line approximately 1,320
feet south of Panama Lane on the north, a line approximately 1,320 feet east of Old River Road on the
east, a line approximately 3,300 feet south of Panama Lane on the south and Old River Road on the west.
This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier
levels when a park has been constructed and street landscaping has been installed.
Staft is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
December 2, 2005, 1 :26PM
MD3-42Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1;;t.(::1.
u
TO:
Honorable Mayor and City Council
DATE:
December 2, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
~
1Jé~
/
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Resolution of Intention No. 1421 to add territory, Area 3-43 (Pensinger, Windermere N) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
RECOMMENDATION: Staft recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6488 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 3-43 is generally bounded by a line approximfltely 1,320
feet north of Pensinger Road on the north, a line approximately 660 feet east of Windermere Street on the
east, Pensinger Road on the south and a line approximately 660 feet west of Windermere Street on the
west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate
tier levels when a park has been constructed and street landscaping has been installed.
Staft is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
December 2, 2005, 1:16PM
MD3-43RiOS.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: I:J . r-.
TO:
Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER A( /'
SUBJECT: Resolution of Intention No. 1422 to add territory, Area 3-44 (Old River, Panama NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 5).
December 2, 2005
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6615 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street la"ndscaping. Area 3-44 is generally bounded by a line approximately 1,320
feet north of Panama Lane on the north, a line approximately 1,320 feet east of Old River Road on the
east, Panama Lane on the south and Old River Road on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staft is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
December 2,2005, 1:17PM
MD3-44Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: la. 5.
TO:
Honorable Mayor and City Council
CITY MANAGER
APPROVED
¡(G
Pìn4
Aú
.
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
December 2, 2005
CITY ATTORNEY
SUBJECT: Resolution of Intention No. 1423 to add territory, Area 4-43 (Valley, Bella NW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
RECOMMENDATION: Staft recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Tract No. 6655 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 4-43 is generally bounded by a line approximately 1,320
feet north of Bella Drive on the north, Valley Lane on the east, Bella Drive on the south and a line
approximately 1,320 feet west of Valley Lane on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staft is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
December 2,2005, 1:17PM
MD4-43Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: ¡d-.. t;
TO:
FROM:
DATE:
APPROVED
DEPARTMENT HEAD t.¡1l
CITY ATTORNEY j/ç-
CITY MANAGER ,&
SUBJECT: Resolution of Intention No. 1425 to add territory, Area 1-64 (Jenkins, Palm NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 4).
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
December 8, 2005
RECOMMENDATION: Staft recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6036 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of street landscaping. Area 1-64 is generally bounded by a line approximately 1,320 feet north of Palm
Avenue on the north, Palm Ranch Street on the east, Palm Avenue on the south and Jenkins Road on the
west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level
when street landscaping has been installed.
Staft is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map, A copy of this covenant is attached for reference.
mr
December 8, 2005, 10:38AM
MD1-64Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: Id-..!.Á.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APLVED
71
¡?;n4
fJt
December 22, 2005
SUBJECT: Resolution of Intention No. 1426 to order the vacation of the Public Utilities Easements on
that portion 36th Street, West of Chester Avenue (Ward 3)
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND:
Kern County Superintendent of Schools is in the process of developing plans for the construction of Valley
Oaks Charter School. The school building will encroach into the pUblic utilities easements. The public
utilities easements to be vacated serve Pioneer Village and the property adjacent to that portion of 36th
Street. New utility facilities will be constructed to serve Pioneer Village within its own property or through
new easements that bypass the school buildings site. The emergency fire access easement has been
inoperative for years because a block wall was constructed across the west end of that portion of 36th
Street. These easements are no longer necessary as the school will cover the entire area of the parcel
map (Parcel Map 7487) and the additional property to the south. For those stated above reasons, Porter
Robertson in behalf of the Kern County Superintendent of Schools is making the request to have these
public utilities easements vacated.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. PG&E objects to the above mentioned
vacation because they have gas and electric facilities within the area. SBC California requests an
easement be reserved should the vacation be granted because they have aerial and underground cable
within the area.
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 December 8, 2005 per local
ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to
Government Code 65402.
Oecember 28, 2005, 9:06AM
G:\GROUPDAlìADMINRPT\2006\01-11IROI 1426
ADMINISTRATIVE REPORT
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 January 25, 2006, on the
proposed vacation.
December 28, 2005, 9:06AM
G:\GROUPDAT\ADMINRPT\2006\01-11\ROI1426
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: Id..v.
TO:
Honorable Mayor and City Council
[PROVED
DEPARTMENT HEAD !~
£
CITY ATTORNEY f/?
CITY MANAGER /Ile
SUBJECT: Resolution of Intention No. 1427 to add territory, Area 2-31 (Taylor, Hunter SW) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 6).
FROM:
Raul M. Rojas, Public Works Director
DATE:
December 14, 2005
RECOMMENDATION: Staft recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative
Tract No. 6565 to be included into the Consolidated Maintenance District as required by section 13.04.021
of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance
of a public park and street landscaping. Area 2-30 is generally bounded by Hunter Avenue on the north,
Taylor Street on the east, a line approximately 140 feet south of Hunter Avenue on the south and a line
approximately 300 feet west of Taylor Street on the west. This area will be under the park and
streetscape zones of benefit and will be assigned appropriate tier levels when a park has been
constructed and street landscaping has been installed.
Staft is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the
subdivision map. A copy of this covenant is attached for reference.
mr
December 23, 2005, 10:03AM
M02-31Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: (.;\..w.
TO:
Honorable Mayor and City Council
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
December 27,2005
4/
SUBJECT: Resolution of Intention No. 1429 to order the vacation of 22nd Street between "V" Street and
Golden State Highway (Ward 2)
RECOMMENDATION: Staft recommends adoption of Resolution.
BACKGROUND:
Banks Pest Control wants to expand its property in order to have more room for service vehicles and for
additional oftice space for future growth. In order to do this, they want that portion of "V" Street, between
22nd Street and Golden State Highway vacated. Bakersfield Rescue Mission, the property owner across
"V" Street agrees with proposal to have this portion of "V" Street closed. Access to and from Golden State
Highway is still available at "V" Street.
The City Fire, Police, Public Works, Development Services, and Economic Development Departments
have been notified of the request and no objections have been received as of the date of this report.
Public Works notes that there is no City sewer or storm drain facilities in the vacating area.
The utility companies serving the area have been notified by mail. PG&E request that the portion to be
vacated be reserved as a Public Utility Easement for their existing facilities.
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 December 15, 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 eftect on the environment.
This Resolution sets the Public Hearing date for the regular Council meeting of March 8, 2006, on the
proposed vacation.
December 27, 2005, 5:45PM
G:\GROUPDAT\ADMINRPT\2006\01-11\ROI1429 admin
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1::1.'1.
TO:
Honorable Mayor and City Council
{{ROVED
DEPARTMENT HEAD .
CITY ATTORNEY m
CITY MANAGER IJf!
FROM:
DATE:
Raul M. Rojas, Public Works Director
December 22, 2005
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreement with McMillin Cardona Crossing, LLC, for Tract
6006 Phase 6, located north of McKee Road and west of State Route 99. (Ward 7)
RECOMMENDATION: Staft 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
December 22, 2005, 11 :12AM
G:\GROUPDAT\ADMINRPT\2006\01-11\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: l:l.v.
,
TO:
FROM:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
APPROVED
DATE:
December 14, 2005
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER IJ{
SUBJECT: Transportation Impact Fee Agreement with Evergreen-Panama & Wible L.L.C. for
improvements on the southwest corner of Panama Lane and Wible Road (Estimated Impact
Fee Credit - $45,824) (Ward 7).
RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND: Evergreen-Panama & Wible L.L.C. (developer) is constructing 493 feet of Panama
Lane and 515 feet of Wible Road. Transportation impact fee credit is available for the portion of Panama
Lane and Wible Road that they are constructing. The developer has requested that the transportation
impact fee credit available from this improvement be applied to impact fees due on the commercial retail
center that the developer will construct at the southwest corner of Panama Lane and Wible Road. The
credit available is estimated at $45,824.
G:\GROUPDA T\ADMINRPT\2006\01-11 \PanamaWibleTIF Agreement.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: Il."2- .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
January 3, 2006
CITY ATTORNEY
CITY MANAGER
vi:
V?
It
,
DEPARTMENT HEAD
SUBJECT: Amendments to Agreements with Marderosian, Runyon, Cercone, Lehman & Armo for
outside legal services:
1. Amendment No. 1 to Agreement No. 05-198 ($75,000.00, not to exceed
$150,000.00) for Roxanne Ayala, et al v. City, et al.
2. Amendment NO.1 to Agreement No. CA05-024 ($125,000.00, total contract not
to exceed $150,000.00) for Gloria Nava"o, et al v. City, et al.
3. Amendment No.1 to Agreement No. CA05-021 ($125,000.00, total contract not
to exceed $150,000.00) for Victoria Rosales, et al v. City, et al.
RECOMMENDATION:
Staff recommends approval of the amendments to these Agreements.
BACKGROUND:
Below is a brief description of each of the above lawsuits. In all three matters, the City Attorney's
office is seeking additional funds for outside representation. It should be noted that we are not seeking
additional appropriations of funds. In other. words, all of the amounts below were budgeted and approved
in the 05-06 fiscal year. Our ordinance, however, requires that a department seek approval from the City
Council for all expenditures over $40,000. We are requesting multiple increments of $40,000 to be
approved with each case. It may be that some of the cases will resolve without expending the approved
amounts.
1. Originally, there were two Ayala matters. The case filed in Kern County Superior Court was
recently resolved and the City recovered nuisance value from the plaintiff. The remaining
case is being pursued in Federal Court. It involves a malicious prosecution claim against
the City arising out of criminal charges in an alleged criminal illegal dumping of hazardous
waste case and conspiracy to commit fraud dismissed by the Kern County District
Attorney's Office (the settled Kern County Superior Court case). A trial date is set for May
15, 2006, and additional funds are required for outside counsel to continue these cases.
January 3. 2006, 11 :43AM
ADMINISTRATIVE REPORT
The Amendment NO.1 to Agreement for Legal Services No. 05-198 would add $75,000 to
the Not to Exceed Limitation on compensation to result in a total Not to Exceed amount of
$150,000.
2. Marderosian, Runyon, et ai, are handling the Navarro matter on behalf of the City. This
matter involves allegations that the City created a dangerous condition thereby proximately
causing their alleged injuries by placing the heavily traveled DARE Fright Night Event on a
major highway, and by providing dangerous and inadequate traffic controls, signage, and
traffic direction. A trial date is set for March 6, 2006, and additional funds are required for
outside counsel to continue this case.
The Amendment NO.1 to Agreement No. CA05-024 for Legal Services would add $125,000
to the Not to Exceed Limitation on compensation to result in a total Not to Exceed amount
of $150,000.
3. Marderosian, Runyon, et ai, are also handling the Rosales matter on behalf of the City.
This matter involves a wrongful death lawsuit filed by the decedent Garcia's mother,
Victoria Rosales. Decedent Garcia was shot by BPD officers after he had attempted to
break into a private residence, threatening the resident and police with a knife, refusing
cooperation with the police, and resisting arrest. A trial date has been set for September
19,2006, and additional funds are required for outside counsel to continue these cases.
The Amendment NO.1 to Agreement No. CA05-021 for Legal Services would add $125,000
to the Not to Exceed Limitation on compensation to result in a total Not to Exceed amount
of $150,000.
Again, the funds outlined above were anticipated and are within the approved 05-06 City Attorney's
budget.
GG:dll
S:\COUNCll\Admins\OS-oS Admins\AttyRtnrAgrAmds.Marderosian.AyalaNavarroRosales_dot
January 3, 2006, 11 :43AM
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2006
AGENDA SECTION: Consent
ITEM: 1:1... CW.. .
TO:
FROM:
DATE:
Honorable Mayor and City Council ~
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD
December 29,2005 CITY ATTORNEY
CITY MANAGER
APPROVED
Jt/
,
1/6-
k
SUBJECT: Agreement with Ernest M. Solano, Ph.D. (base monthly retainer of $2,500 and $350 per
psychological screening exam) for psychological screening services for 2 years.
RECOMMENDATION:
Staff recommends approval of contract.
BACKGROUND:
Ernest M. Solano, Ph.D. has had a contract for the last 9yearswith the City to provide psychological
services primarily for the City's Police Department. These services include serving as a fitness for duty
expert for officers following a serious incident, such as an Officer involved shooting, annual stress
reduction classes and providing pre-employment psychological examinations. Dr. Solano also provides
pre-employment testing for some Fire Department and Development Services employees.
Dr. Solano has been extremely responsive in emergency situations and has worked exceedingly well in
coordinating pre-employment testing with Human Resources.
Dr. Solano is willing to contract for another two years. Dr. Solano needs to increase slightly the fee for
screenings from $325 to $350. There will be no increase in the monthly retainer fee. Taking into account
his service for 9 years, accessibility and the satisfaction of the Police Department, it is recommended that
the City Council approve a two year contract with Ernest M. Solano, Ph.D. to perform psychological
services for the City.
December 29, 2005, 11 :49AM
S:\ADMINRPnSolano 2006 Contract.dot
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 12. bb.
APPROVED
DEPARTMENT HEAD /{.(/
CITY ATTORNEY ~
CITY MANAGER fJe
SUBJECT: Amendment NO.7 to Agreement No. 98-222 with HTE, Inc. for Service Support of Licensed
Software in the amount of $158,225.14.
TO:
FROM:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
December 28, 2005
DATE:
RECOMMENDATION:
Staff recommends approval of agreement.
BACKGROUND:
HTE developed many of the software programs which the City runs on the AS/400 computer. Such
programs include: Purchasing/Inventory; Payroll/Personnel; Accounts Receivable; Accounts Payable;
Business Licenses; Utility Billing; Work Orders; Fire Records Management; Building Permits; Planning &
Zoning; Park Reservations, etc. This amendment will ensure that HTE continues to update software and
provide service for any problems encountered with these programs.
The agreement calls for a one-time payment of $158,225.14 which will ensure support through Juiy 31,
2006. The amount of $158,225.14 is a $5,595.88 increase (approximately 3.7%) from the 04-05 fiscal
year amount of $152,629.26, and reflects maintenance price increases by HTE.
Oecember 28, 2005, 3:43PM
S:\Admin Rpts\2006\Admin for HTE Main! Agreement Amendment 7 0111 06.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2006
AGENDA SECTION: Consent Calendar
ITEM: I J. . c.e- .
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
December 29, 2005
SUBJECT: Amendment No. 1 to Agreement No. 04-384 with Loop Electric for Vehicle Loop Cutting
extending the agreement for an additional one-year period and adding $40,000 for a
revised not to exceed contract amount of $80,000.
RECOMMENDATION: Staft recommends approval of the amendment to the agreement.
BACKGROUND: On December 15, 2004, Council awarded the annual contract for Vehicle Loop Cutting
to Loop Electric. The agreement allows for a twelve (12) month extension if both parties agree. This
allows the City to continue working with a good provider and saves staft time and eftort required if this item
were to be re-bid.
Purchasing Division
DW
S:\PURCH\AOMINILoop Electric, 04-384, Amendment #1.doc
December 29,2005, 3:33PM
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: I';),. riA.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
December 27,2005
SUBJECT: Amendment NO.1 to Agreement No. 04-032 with Kenneth D. Schmidt and Associates for
groundwater monitoring and reporting for Wastewater Treatment Plants 2 & 3 and 1-5 Farm
adding $73,000 additional funds for a revised not to exceed contract amount of $122,400.
(Wards 1 and 6)
RECOMMENDATION: Staft recommends approval of amendment to agreement.
BACKGROUND: The discharge permits for Wastewater Treatment Plants 2 and 3 require the City to
monitor and report on the condition of the groundwater beneath the Plants 2 and 3. In addition, the City
agreed to do the monitoring for the 1-5 Farm which is owned by the City of Los Angeles. In 2003, City staft
conducted a qualifications-based selection process and on February 25, 2004, Council awarded a two
year agreement in the amount of $49,400 for groundwater monitoring to Kenneth D. Schmidt and
Associates, Bakersfield.
The agreement expires on February 24, 2006 and staft is requesting an amendment to the agreement
adding two additional years and $73,000 for a revised expiration date of February 24, 2008 and a revised
contract amount of $122,400. No appropriations are necessary since this agreement will be funded by the
operations and maintenance budget.
Purchasing Division
ow
S:\PURCH\ADMIN\Kenneth D. Schmidt & Associates, Groundwater Monitoring, Agreement 04-032, #1, January 11, 2006.doc
Oecember 29,2005, 9:11AM
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM 1;;1.eC
TO:
Honorable Mayor and City Council
CITY MANAGER
FROM:
Nelson Smith, Finance Director
DEPARTMENT HEAD
DATE:
December 29, 2005
CITY ATTORNEY
SUBJECT: Amendment NO.2 to Agreement No. 04-217 with Pestmaster Services, Inc. for chemical
application adding $75,000 for a revised not to exceed contract amount of $221,000.
RECOMMENDATION: Staft recommends approval of the amendment to the agreement.
BACKGROUND: On July 21, 2004, Council awarded an annual contract in the amount of $73,000 for
Chemical Application to Pestmaster Services, Inc. Amendment 1, approved by Council on July 20, 2005,
added an additional $73,000 and extended the contract by one year to July 20, 2006, at which time the
contract will be re-bid. Funds must be added to the agreement to continue service through the end of the
contract period. Additional work to apply pre-emergent chemicals to sumps and canals and to treat the
Water Hyacinth overgrowth in the river channel will also be done.
Purchasing Division
DW
S:\PURCH'v\DMIN\Pestmaster Services, Inc., 04-217, Amendment #2.doc
December 30,2005, 8:21AM
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2005
AGENDA SECTION: Consent Calendar
ITEM: I~.ff.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
1f1¡
¡tl-c
,
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
DATE:
December 27, 2005
CITY ATTORNEY
SUBJECT: Accept bid from McKee Electric Company in the amount of $39,600.00 for voice and data
wiring for the third floor of the Borton Petrini Building. (Thomas Roads)
RECOMMENDATION: Staft recommends acceptance of bid.
BACKGROUND: Project engineers and support staft associated with the Thomas Roads Projects will
occupy oftices on the third floor of the Borton Petrini Building and the offices must be wired for connection
to the City's voice and data systems. Invitations to bid were sent to sixty-one (61) vendors for installing
voice and data wiring. Two (2) bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
$39,600
McKee Electric,
Bakersfield
Performance Electric,
Bakersfield
$41,879
Staft finds the low bid to be acceptable and recommends award of the bid to McKee Electric, Bakersfield,
CA in the amount of $39,600.
Purchasing Division
OW
S:\PURCH\ADMIN\Voice and Data Wiring for BP Third Floor, January 11, 2006.doc
Oecember 29, 200S
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2005
AGENDA SECTION: Consent Calendar
ITEM: I
TO:
Honorable Mayor and City Council
APPROVED
DATE:
December 27, 2005
CITY ATTORNEY
CITY MANAGER
~
;fJJJJJ
M
,
FROM:
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
SUBJECT: Accept bid from Hi Standard Automotive in the amount of $44,776.18 for replacement lightbars
and sirens.
RECOMMENDATION: Staft recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to twenty-one (21) vendors for replacement lightbars and
sirens. Four (4) bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
Hi Standard Automotive
Orange, CA
$44,776.18
Adamson Police Products
Los Alamitos, CA
$47,129.52
Gall's, Inc.
San Diego, CA
All Star Fire Equipment
Arcadia, CA
$50,382.13
$50,974.58
Staft finds the low bid to be acceptable and recommends award of the bid to Hi Standard Automotive,
Orange, CA in the amount of $44,776.18. Funds for the purchase are budgeted in the FY 05/06
Equipment Management Fund.
Purchasing Division
DW
S:\PURCH\AOMINILightbars and Sirens, January 11, 2006.doc
December 29, 200S
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2005
AGENDA SECTION: Consent Calendar
ITEM: \~. hh.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
ífit¡
fJv
DATE:
December 27,2005
SUBJECT: Accept bid from Higgins & Associates in the amount of $125,045.47 for park benches for the
Park at Riverwalk. (Ward 4)
RECOMMENDATION: Staft recommends acceptance of bid.
BACKGROUND: Invitations to bid were sent to forty-two (42) suppliers for park benches for the Park at
Riverwalk. Seven (7) bids were received in response to solicitation and are as follows.
BIDDER
AMOUNT
Higgins & Associates
Bakersfield, CA
$125,045.47
Dave Bang Associates, Inc.
Orange, CA
$134,586.16
Visions Innovated Products, Inc.
McAlester, OK
$136,122.77
Prem ier Polysteel
Santa Ana, CA
$139,130.44
Bayley Products, LLC
Westchester, CA
$143,410.90
Seating Component Manufacturing
Anaheim, CA
$149,582.64
Outdoor Fun Store
Wayne, MI
$158,766.00
Staff finds the low bid to be acceptable and recommends award of the bid to Higgins & Associates,
Bakersfield, CA in the amount of $125,045.47. Funds for the purchase are budgeted in the FY 05/06 Park
Improvement Fund.
Purchasing Division
DW
S:\PURCH'ADMIN\Park Benches for the Park at Riverwalk, January 11, 2006.doc
December 29, 2005
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2005
AGENDA SECTION: Consent Calendar
ITEM: IJ.ii.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD #5
CITY ATTORNEY ,û)1w/
CITY MANAGER M
Nelson K. Smith, Finance Director
DATE:
December 27, 2005
SUBJECT: Purchase one (1) CNG-powered street sweeper for the Solid Waste Division of the Public
Works Department.
1. Accept bid from Kelly Equipment in the amount of $240,030.86 for one (1) CNG-
powered street sweeper.
2. Appropriate and transfer $106,000 from the Refuse Service Fund to the Equipment
Management Fund for said purchase.
RECOMMENDATION: Staft recommends acceptance of the bid and approval of the appropriations.
BACKGROUND: Invitations to bid were sent to eighteen (18) vendors for a Compressed Natural Gas
(CNG) Powered Street Sweeper. Two (2) bids were received in response to solicitation and are as
follows
BIDDER
AMOUNT
$240,030.86
Kelly Equipment,
Ranch Cucamonga, CA
Balar Equipment Corporation
Phoenix, AZ
$251,564.53
Staft finds the low bid to be acceptable and recommends award of the bid to Kelly Equipment, Rancho
Cucamonga in the amount of $240,030.86.
The street sweeper is an additional unit for the Public Works Solid Waste Division. $135,000.00 was
budgeted in FY 04/05 Solid Waste Fund and carried over into the FY 05/06 budget for the purchase of the
equipment. Staft is requesting an additional appropriation of $106,000 from the Refuse Service Fund to
complete the purchase. Staft has applied for various grants for purchase of the equipment. Any grant
money awarded will be applied toward the purchase of the equipment, thus reimbursing the Refuse
Service Fund.
Purchasing Division
OW
S:\PURCH\ADMIN\Street Sweeper, January 11, 2006.doc
December 29, 2005
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2006
AGENDA SECTION: Consent Calendar
ITEM: \¿.'i.
\...U
TO:
Honorable Mayor and City Council
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
COVED
DATE: December 13, 2005 CITY ATTORNEY Ø^-
CITY MANAGER k /
/
SUBJECT: 2004/2005 Federal Funded Resurfacing Various Streets Project (Wards 1, 2, 3, 5, 6, & 7):
1. Accept bid to award contract to Griftlth Company ($1 ,095,764.00) for the
construction of the project. .
2. Transfer $230,000 ISTEA and transfer $30,000 GTF from Project T5K164
to ProjectT5K157.
RECOMMENDATION:
Staff recommends acceptance of low bid, award of contract, and approval of
transfer.
BACKGROUND: This project consists of resurfacing and minor reconstruction of the following streets:
Madison Street from Hayes Street to SR 58
Q Street from 31st Street to West Columbus Street
Harris Road from Gosford Road to 450 Feet East of Silvergate Street
Harris Road from Stine Road to Annette Street (City Limit)
This project is funded by Federal Surface Transportation Program (STPL) funds. Funds in the amount of
$914,000 are available from the capital improvement budget. Staft recommends award of low bid and
transfer additional funds in the amount of $260,000. The transferred amount will provide funds to allow
award of the contract and to cover other anticipated project expenses such as construction inspection and
change orders.
Two acceptable bids were received on December 7, 2005, as follows:
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City)
in the amount of
$1,095,764.00
Granite Construction Company
James Road
Bakersfield, CA 93308 (County)
in the amount of
$1,127,561.00
(Jcs, PWEngr)
December 29. 2005, 1 0:49AM
G:\GROUPDAlìADMINRPT\2006\01-11\2004-200S FedFunded Resurfacing Various Streets. doc
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2006
AGENDA SECTION: Consent Calendar
ITEM: \~. k\( .
TO:
FROM:
Honorable Mayor and City Council
CITY ATTORNEY
CITY MANAGER
.k/
DATE:
Raul M. Rojas, Public Works Director
December 22, 2005
DEPARTMENT HEAD
SUBJECT:
34th Street and San Dimas Street Storm Drain Project (Wards 2 and 3):
1. Accept base bid to award contract to Griftith Company ($586,762.00) for
construction of the project.
2. Appropriate $350,000 Sewer Enterprise Fund balance to the capital improvement
budget within the Sewer Enterprise Fund.
RECOMMENDATION:
Staft recommends acceptance of low bid, award of contract, and approval
of appropriation.
BACKGROUND: The Base Bid of this project consists of constructing a storm drain system in San
Dimas Street from the easterly intersection with 34th Street east to the westerly intersection with 34th
Street then south in San Dimas Street to the point of connection in 28th Street. This project will also
reconstruct the northern portion of the intersection of San Dimas Street and 34th Street.
The project will provide a storm drain sewer that will remove water from the street surface on 34th Street
at San Dimas Street at a faster rate than is currently provided by the gutters. This will reduce the
impact of water in the gutters on the traveling public as well as reduce the impact of that water on the
pavement structure. This will improve road conditions for the traftic including emergency vehicles such
as ambulances traveling to and from Memorial Hospital.
Funds in the amount of $330,000 are available from the capital improvement budget. Staft
recommends award of base bid and transfer of additional funds in the amount of $350,000. The
difference between the base bid and the amount to be appropriated is $93,238. This amount will be
available for inspection services, miscellaneous costs, and possible change orders.
Bid Alternate "A" entailed continuing the storm drain line west along 34th Street from the westerly
intersection with San Dimas Street to the eastside of the 34th Street and Q Street intersection. The
extension was approximately 500 feet in length and bisected the existing siphon just east of the
intersection at Q Street. This alternative was not selected at this time since it believed the construction
performed with the base bid will significantly alleviate the drainage problem at this location. Should
there continue to be a need for the extension of the system, staff will recommend the construction of
Bid Alternate "A" at such time.
The determination of low bid was based on the Total Base Bid only, as specified in the project
specifications.
December 27, 2005, 2:10PM PW_Streets
G:\GROUPDAT'ADMINRP1ì2006\01-11\34th and Sandimas Storm Drain Funds.doc
ADMINISTRATIVE REPORT
Three acceptable bids were received on December 1, 2005, as follows:
Griffith Company
1898 South Union Avenue
Bakersfield, CA 93307 (City) in the amount of Total Base Bid $586,762.00
Additive Alternate "A" $114,890.00
HPS Mechanical, Inc
3100 E. Belle Terrace
Bakersfield, CA 93307 (City) in the amount of Total Base Bid $762,191.00
Additive Alternate "A" $123,575.00
Nicholas Construction, Inc
1975 Airport Drive
Bakersfield, CA 93308 in the amount of Total Base Bid $1,129,879.00
Additive Alternate "A" $285,488.00
cv
December 27,2005, 2:10PM PW Streets
G:\GROUPDAT\ADMINRP1\2006\-01-11\34th and Sandimas Storm Drain Funds.doc
ADMINISTRATIVE REPORT
MEETING DATE January 11, 2006
AGENDA SECTION:
ITEM: Id-. 1\.
Consent Calendar
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY ~
CITY MANAGER ~
FROM:
Florn Core, Water Resources Manager
DATE:
December 23,2005
SUBJECT: Enos Lane Parking Lot Landscaping & Irrigation Project (Ward Number 4):
1. Accept bid and award contract to Brown & Fowler Construction in the amount of $131,868 for the
construction of the Enos Lane Parking Lot Landscapin9 & Irrigation Project.
2. Appropriate $ 40,000 fund balance to the Water Resources Department Capital Improvement
Budget within the Agriculture Water Fund.
RECOMMENDATION: Staff recommends acceptance of low bid, award of contract and approval of appropriation.
BACKGROUND: This final phase of the Kern River Bike Path Extension - West Project is the installation of water
storage, solar powered pumping facilities, a drip irrigation system, and tree and shrub landscaping around the
perimeter of the parking lot on Enos Lane. This phase of the project will also provide restoration of river riparian
habitat adjacent to a stretch of the new bike path extension through the 2800 Acres and include re-vegetation of
streamside areas along the south bank of the Kern River channel. The project will be funded with the remainin9
$92,000 of the total $ 2.5 million of Prop 13 (Water Bond Act 2000) State Grant dollars currently budgeted in the
Water Resources Department's Capital Improvement Budget and $40,000 of Water Enterprise Funds. The local
dollars are required by the state and will allow the City to complete the final Kern River Parkway Project in
accordance to the existing agreement between the State and City of Bakersfield under the River Protection Grant
Program.
Two (2) bids were received on November 28, 2005 as follows:
Brown & Fowler Construction
3008 Antonino Ave.
Bakersfield, CA 93308 (City)
in the amount of
$131,868.00
FYR Landscaping, Inc.
(DBA: Pierre Sprinkler and Landscape)
16140 Raymer Street
Van Nuys, CA 91406 in the amount of
$ 165,000.00
S:\2006 AOMIN REPORTSladmin01 1206 contractor.doc
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.1, r'YI M .
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY ~'
CITY MANAGER /Îc/
FROM:
Donna L. Kunz, Economic Development Director
DATE:
December 19, 2005
SUBJECT: Educational Revenue Augmentation Fund (ERAF):
1. Appropriate $38,374 Fund Balance to the Redevelopment Operating Budgets
(Southeast $11,512; OTK $6,140 and Downtown $20,722) for the Bakersfield
Redevelopment Agency Statewide share for ERAF FY 2005-06. (Wards 1 & 2)
RECOMMENDATION: Staff recommends approval.
BACKGROUND:
Once again, the State of California is raiding Redevelopment Agencies to balance their budget. During
last fiscal year and the current year, Redevelopment Agencies state-wide continue to lose over $250
million to ERAF. The amount paid into ERAF for each Agency is based on a proportional formula tied to
the total amount of tax increment received. Funds set aside for housing (20% of gross tax increment
received) are not reduced as a result of making ERAF payments. Payment is due on or before May 10,
2006 for FY 2005-06.
There is $248,200 budgeted in the current fiscal year for ERAF. Additional funds in the amount of $38,374
are needed to meet this mandated financial obligation. The Bakersfield RDA is required to pay an
increased amount over last year due to the growth of our tax base. The following table illustrates the
estimated impact on tax revenue for each of the three Redevelopment areas including the increase
resulting in a total payment of $286,574 to ERAF due from the Bakersfield Redevelopment Agency for
fiscal year 2005-06.
~~~~¡~i~f~};'C '
Actual 04-05 Tax
Increment Revenue
FY 05-06 Adopted Budget
FY 05-06 ERAF Increase
Estimated 05-06
Total ERAP
Percent of Total ERAP
'Sò" t!tQjlf,"'" ~ Old 'I" ñ f("m ,',
,. ',~':' ,'. <r_"·,;~y,1! :
$1,028,000 $ 596,000 $ 1,960,000 $3,584,000
$73,800 $41,300 $133,100 $248,200
$11,512 $6,140 $20,722 $38,374
$85,312 $47,440 $153,822 $286,574
30% 16% 54% 100%
The Redevelopment Agency approved the additional use of tax increment funds for ERAF in the amount
of $38,374 at the Bakersfield Redevelopment Agency meeting on January 3, 2006.
S:\Admins\City CouncH\ERAF appropriation01112006.doc
12/19/2005 1 :25 PM
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Consent Calendar
ITEM: I'). V\1ì .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
January 3, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
~
,4-
Av
SUBJECT: New Law re: Council Compensation
RECOMMENDATION:
Staff recommends referral to the Legislative and Litigation Committee.
BACKGROUND:
AB 1234 (Salinas) became effective January 1, 2006. This bill requires cities (including charter
cities) which provide Councilmembers reimbursement for expenses, to adopt a written policy which sets
forth the parameters under which such reimbursement may be received and what expenses qualify. In
addition, the new law requires that Councilmembers who are eligible for reimbursement complete a two-
hour ethics class by January 1, 2007.
Staff recommends this matter be referred to the Legislative and Litigation Committee for review
and analysis of sample resolutions and policies. This issue will ultimately return to City Council for
adoption of a formal policy.
VG:do
S:\COUNCIL\Admins\05-06 Admins\AB 1234.doc
January 3, 2006 - 9:53 AM
Ð
ADMINISTRATIVE
REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Reports
ITEM: 16.(t.
TO:
Honorable Mayor and City Council
APPROVED
FROM:
Alan Tandy, City Manager
DEPARTMENT HEAD
DATE:
December 27,2005
CITY ATTORNEY
CITY MANAGER
SUBJECT: Planning and Development Committee Report on Streamlining the
Amendment Cycle and Review Process
RECOMMENDATION: The Planning and Development Committee recommends adoption of the report and
its recommendations.
BACKGROUND:
The issue of streamlining the General Plan amendment cycle and process was referred to the Planning and
Development Committee for review. The Committee met and discussed several alternatives to improve the
General Plan amendment cycle and process. There are concerns regarding the number of General Plan
amendments to be considered by the Council (21 scheduled for the first cycle in February 2006) and the
ability to review them in a timely manner for each of the four General Plan amendment cycles allowed by
state law. The Committee discussed the fact that sometimes hearings have to be continued due to
unresolved issues by the applicant. The Committee expressed a desire to have applicants resolve any
outstanding issues with any surrounding property owners or aftected groups well in advance of the request
coming before either the Planning Commission and/or the City Council. Additionally, it was thought that
designating a specific meeting to hear primarily General Plan amendments could also help streamline the
process. The Committee thought that one of the meetings in each of the months that General Plan
Amendments are heard could be dedicated primarily to these hearings. The meeting would not have any
closed session or other non-consent items, unless there was an emergency or an item of an urgent nature
which required immediate Council action. Presentations and any other non-consent items would be moved
to the following meeting.
Therefore, the Committee recommends the following:
· The Council designated the meeting of February 8, 2006 to hear the first cycle of General Plan
amendments. If successful, the same process would occur for the meetings scheduled to hear the
remaining three General Plan cycles.
· This meeting would have no additional items other than Consent Calendar items (including hearings
with the exceptions noted above).
· The meeting would begin at 5:15 p.m. and items would be scheduled as follows:
o Flag salute and invocation
o Consent Calendar items
o Consent Hearings
o Break for Dinner (Approximately one-half hour)
o General Plan amendment hearings
ADMINISTRATIVE REPORT
Page 2
The Committee also wanted to encourage all City Council members to address any concerns or issues
regarding any consent calendar items in advance of the Council meeting. Additionally, staff would be
available following the meeting to accept any Council referrals that could not wait until the next meeting.
ADMINISTRATIVE REPORT
MEETING DATE: January 11, 2006
AGENDA SECTION: Deferred Business
ITEM: Il...a..
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
CITY MANAGER
¡/C
~
.
January 5, 2006
CITY ATTORNEY
SUBJECT: Resolution Approving Proposed Changes to Ward Boundaries
RECOMMENDATION:
Adoption of resolution approving ward re-apportionment
BACKGROUND:
Concept maps were distributed to the Council, December 6, 2005. The concepts include a possible eighth
ward and a boundary configuration that achieved balance without contiguity. Two previous concepts,
numbers 21 and 22 were distributed November 18, 2005 but have not been discussed. They are included
as part of this report.
The question of contiguity of ward boundaries and formation of an eighth ward have been under review by
the City Attorney. A memorandum dated December 6, 2005 was provided to the Council that in summary
found that contiguity was not a limiting factor in determining boundaries. Findings regarding re-
apportionment should include relevant determinations regarding all factors effecting the decision.
As a result of the legal opinion on contiguity, staff has prepared option 24. We are cautiously optimistic
that this version addresses many of the concerns expressed by Councilmembers on previous concepts.
If the Council agrees with one of the concepts modified or unmodified, a reference to the appropriate map
with any changes should be included in the motion. Subsequent to Council action staff will prepare the
necessary ordinance with legal description for first reading and adoption.
SG
Admin\1-11.1/wb
ADMINISTRATIVE REPORT
MEETING DATE: January 11,2006
AGENDA SECTION: Deferred Business
ITEM: \l.c.h.
TO:
Honorable Mayor and City Council
CITY MANAGER
APCVED
(If.
/~
/1(/
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
January 5, 2006
CITY ATTORNEY
SUBJECT:
Cooperative Agreement with State of California Department of Transportation (Caltrans) for
the Thomas Roads Program (Various Wards).
RECOMMENDATION: Staft recommends approval of Agreement.
BACKGROUND: The City and Caltrans entered into a Memorandum of Understanding (MOU) in June
of last year pertaining to the metropolitan Bakersfield projects that were to be funded from the SAFETEA-
LU Federal Transportation Bill (Thomas Roads Program). This MOU required that Caltrans and the City of
Bakersfield would enter into a cooperative agreement after passage of the Federal Transportation Bill.
This Agreement provides the framework by which the City and Caltrans will work cooperatively as a team
to develop, design, and construct the projects in an expedited and efficient manner utilizing novel and
innovative measures and methods. Caltrans has agreed to use all means available to streamline the
development of and expedite the approval of the Thomas Roads Projects. The Agreement identifies the
City as the party with the control of the program and projects, and limits Caltrans to an oversight role
unless the City requests a higher level of involvement on a particular project. However, as with all federal
transportation funding, Caltrans is basically the escrow company for the SAFETEA-LU funds and they will
thus continue to have responsibilities related to dispensing of these funds to the City. And as they do for
any projects on their State Highway System, Caltrans will ensure that Thomas Roads projects on their
System conform to their standards.
One of the very important measures in the Agreement requires Caltrans to assign "Key Personnel"
involved with the Thomas Roads Program to the new oftice being developed by the City on the third floor
of Borton-Petrini Building, where their personnel will work side by side with City, County, and consultant
staft. The State has committed in the Agreement to specific response times for various document and plan
review and processing, as well as to exploring alternate methods (as allowed by California and Federal
laws) to expedite the reimbursement process such as using electronic invoicing and bank transfers.
The SAFETEA-LU Bill included new streamlining programs and innovative measures to expedite project
delivery, and these measures have been incorporated into this Agreement. One of these new measures is
implementation of a pilot program that allows Caltrans to assume the responsibilities of the Federal
Highway Administration with regards to review of environmental studies and documents; the Agreement
stipulates that the State will pursue the implementation of this pilot program for the Thomas Roads
Projects.
G:\GROUPOATlADMINRPlì2006\O 1-11\Coop Agreement Thomas Roads Revised.doc
-.".'.-..-----
ADMINISTRATIVE REPORT
The Agreement also addresses State Route (SR)58. The State has agreed to pursue the adoption of a
future permanent alignment for SR58 from the eastern metropolitan area of Bakersfield west to Interstate
5. In the interim, the State is agreeing to support a request by the City and County to have the existing
SR58 from SR99 to SR43 relinquished to the local jurisdictions. This will allow the widening of Rosedale
Highway, one of the Thomas Roads projects, to occur based on local standards and, for the most part,
within existing right of way. This alone will potentially save millions of dollars and years of the process for
completing this widening project. And once the North Beltway (7th Standard Road) widening is completed,
the State has agreed to pursue the designation of 7th Standard as an interim SR58 until the "permanent"
SR58 alignment mentioned above is constructed.
The Agreement outlines an issue resolution process for the Thomas Roads Program, defining an
organizational structure that incorporates and appeals process whereby disagreements are elevated to
higher level committees for resolution. The City and Caltrans have also agreed to develop a
communication structure/system using email and Primavera software for reporting project activities,
controlling documents, dispersing information, and other project communications.
Staft recommends approval of the Cooperative Agreement.
G:\GROUPDAT\ADMJNRPT\2006\01-11\Coop Agreement Thomas Roads Revised.doc
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 14, 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,
Councilmembers Benham, Couch, Sullivan,
Scrivner
Absent:
Hanson
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
4. CLOSED SESSION
a. Closed Session pursuant to Government Code
54957.6; Conference with Labor Negotiator
William Avery.
b. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
c. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding
Elizabeth Ann Peel, et al v City, et al.
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:16 p.m.
APPROVED
AS HANSON
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:23 p.m.
APPROVED
AS HANSON
Bakersfield, California, December 14, 2005 - Page 2
RECONVENED MEETING - 6:30 p.m.
Present:
5. ROLL CALL
Absent:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Sullivan, Scrivner
Hanson
6. INVOCATION by Reverend Timothy Coston, Sr., Cain
African Methodist Episcopal Church.
7. PLEDGE OF ALLEGIANCE by Brandon Corum, 4th Grade
Student at Patriot Elementary School.
Mayor Hall announced item 17.a. has been removed
from the agenda at the request of the staft.
8. CLOSED SESSION ACTION
b.
c.
a.
Closed Session pursuant to Government Code
54957.6; Conference with Labor Negotiator
William Avery.
Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1).
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Secti on 54956.9 regarding
Elizabeth Ann Peel, et al v City, et al.
9. PUBLIC STATEMENTS
a. Michael Turnipseed spoke regarding a 'Do Not
Block' sign that was installed at 24th and Elm
Streets.
b. Kimberly Niemeyer spoke regarding Rosedale
Ranch.
10. PRESENTATIONS
a.
Agreement with Bright House Networks to pay the
City $375,000.00, plus $125,000.00 in
advertising, for a period of five years for naming
rights of the Amphitheater at The Park at
Riverwalk.
Motion by Councilmember Couch to approve the
Agreement.
ACTION TAKEN
NO REPORTABLE
ACTION
THE EXCEPTIONAL
EVALUA TlON OF THE
CITY A TTORNEY HAS
CONCLUDED
MEDIA TlON
AUTHORIZED
AGR 05-429
APPROVED
AB HANSON
Bakersfield, California, December 14,2005 - Page 3
ACTION TAKEN
Recess taken from 6:52 to 6:57 p.m.
11. APPOINTMENTS
a. One (1) appointment to Police Civil Service Board
due to the expiration of term of Kenneth
Vetter, term expiring December 31, 2005.
Motion by Vice-Mayor Maggard to reappoint Kenneth
Vetter to the Police Civil Service Board, term expiring
December 31, 2008.
APPROVED
AS HANSON
b. One (1) appointment to Fire Civil Service Board due
to the expiration of term of Max Morris, term expired
December 31, 2005.
City Clerk McCarthy announced three
applicants for the position including a late
application by Sara TakL
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Taki
Taki
Taki
Eaves
Absent
Eaves
Eaves
City Clerk McCarthy announced a tie.
City Attorney Gennaro requested Mayor Hall cast a
determining vote.
Mayor Hall cast a vote for Mr. Eaves.
Motion by Vice-Mayor Maggard to appoint Mr. Eaves to
a three-year term on the Fire Civil Service Board, term
expiring December 31, 2008.
APPROVED
AS HANSON
Bakersfield, California, December 14,2005 - Page 4
11.
APPOINTMENTS continued
ACTION TAKEN
c. Two (2) appointments to Miscellaneous Civil Service
Board due to the expiration of terms of Richard
Russell and Thomas See, terms expiring December
31,2005.
City Clerk McCarthy announced three applications
for the positions had been received.
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Love
Love, Chow
Moore, Chow
Love, Chow
Absent
Moore, Chow
Moore, Chow
City Clerk McCarthy announced a tie for the second
position and that there would be a run-oft ballot.
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Love
Love
Moore
Love
Absent
Moore
Moore
City Clerk McCarthy announced a tie.
City Attorney Gennaro requested Mayor Hall cast a
determining vote.
Mayor Hall cast a vote for Dr. Moore.
Motion by Vice-Mayor to appoint Mr. Chow and Dr.
Moore to at three year term on the Miscellaneous Civil
Service Board, terms expiring December 31, 2008.
APPROVED
AS HANSON
d. One (1) appointment to Kern Mosquito and Vector
Control District, due to the expiration of
term of Morris C. Mahlmann, term expiring
December 31, 2005.
Motion by Vice-Mayor Maggard to re-appoint Mr.
Mahlmann to two year term on the Kern Mosquito
and Vector Control District, term expiring December
31,2008.
APPROVED
AS HANSON
12.
Bakersfield, California, December 14, 2005 - Page 5
CONSENT CALENDAR
ACTION TAKEN
Minutes:
a. Approval of minutes of the November 16, 2005
Special City Council Meeting and the
November 30, 2005 Regular City Council Meeting.
Payments:
b. Approval of department payments from November
18, 2005 to December 1, 2005 in the
amount of $6,612,819.93 and self insurance
payments from November 18,2005 to
December 1, 2005 in the amount of $195,096.12.
Ordinances:
c.
First Reading of Ordinance adopting a Negative
Declaration and amending Section 17.06.020 (Zone
Map NO.1 04-08) ofTitle 17 of the Municipal Code
by changing the zoning from A (Agriculture) to R-1
(One Family Dwelling) on 39.09 acres generally
located at the northwest corner of Valley Lane and
Bella Drive (File No. 05-0531).
FR
d. Adoption of amendments to various Ordinances
relating to:
1.
2.
3.
4.
5.
City Seal
City Council Meetings
Personnel Policies
Employer-Employee Relations
Ice Cream Vendors
ORD 4280
ORD 4281
ORD 4282
ORD 4283
ORD 4284
e.
Adoption of Ordinance amending Sections
3.20.060, 3.20.090, 3.20.100 and 3.20.105
of the Municipal Code relating to bidding and
contract procedures.
ORD 4285
f.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-17 from
M-3 (Heavy Industrial) to R-2 (Limited
Multiple Family Dwelling) on 22.6 acres, located at
the northwest corner of Pacheco Road and
Cottonwood Road. (Applicant: South Enterprise
Zone, property owner) (ZC 05-0412)
ORD 4286
12.
Bakersfield, California, December 14,2005 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
g.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-16 from
M-1 (Light Manufacturing) to R-2 (Limited
Multiple Family Dwelling) on 9 acres and from M-3
(Heavy Industrial) to R-2 on 31 acres, located on the
east side of Cottonwood Road between East White
Lane and Brook Street. (Applicant: Alfredo
Hernandez, property owner) (ZC 05-0414)
ORD 4287
h.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-16 from
M-1 (Light Manufacturing) to R-1 (One Family
Dwelling) on 2 acres and from M-3 (Heavy
Industrial) to R-1 on 38 acres, located on the north
side of future East White Lane, 1,320 feet east of
Cottonwood Road. (Applicant: Marino/Associates,
representing Magdaleno Duenas Barajas and Luisa
Duenas, property owners) (ZC 05-0417)
ORD 4288
I.
ORD 4289
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 134-05 from A
(Agriculture) to R-1 (One Family Dwelling) on 1 acre
located north of Snow Road, generally west of
Verdugo Lane. (Applicant: SmithTech/USA Inc.,
representing Elizabeth H. Pinnell, property owner)
(ZC 04-0420) .
j.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-30 from
County A (Agriculture) to R-1 (One Family Dwelling)
on 76 acres located on the north side of Berkshire
Road (future) and east of Mountain Vista Drive
(future), approximately 1,400 feet south of Panama
Lane. (Applicant: The Lusich Company, Inc.,
representing Lennar and MacLeu, LLC, and David
P. Antongiovanni Family Trust, property owners)
(ZC 05-0476)
ORD 4290
Bakersfield, California, December 14, 2005 - Page 7
ACTION TAKEN
12.
CONSENT CALENDAR continued
k.
Adoption of Ordinance amending Title 17 of the
Municipal Code by prezoning to R-1 (One
Family Dwelling); R-1/PUD (One Family
Dwelling/Planned Unit Development); R-2 (Limited
Multiple Family Dwelling); R-2/PUD (Limited Multiple
Family Dwelling/Planned Unit Development); C-1
(Neighborhood Commercial); C-2 (Regional
Commercial); C-2/PCD (Regional
Commercial/Planned Commercial Development);
and, M-1 (Light Manufacturing) on 1,655 acres
bounded by 7th Standard Road to the north, Jenkins
Road to the east, Burlington Northern Santa Fe
(BNSF) Railroad to the west, and Kratzmeyer
Road/Olive Drive to the south; and, approving a
Development Agreement. (Applicant: Project
Design Consultants, representing Rosedale Ranch,
property owners) (ZC 04-0671)
ORD 4291
AGR 05-430
I.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-31 from A
(Agriculture) to R-1 (One Family Dwelling) on 86.37
acres located north of Taft Highway and east of
Buena Vista Road. (Applicant: Marino Associates,
representing Del Ray Development LLC, property
owner) (ZC 05-0743)
ORD 4292
m.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-30 from A
(Agriculture) to R-1 (One Family Dwelling) on 80
acres located at the northeast corner of McCutchen
Road and Buena Vista Road. (Applicant: Mcintosh
and Associates, representing Lester D. Baroncini,
Trustee of Irene Baroncini Trust, property owner)
(ZC 05-0942)
ORD 4293
n.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 122-24 from A-
20A (Agricultural 20-acre Minimum Lot
Size) to R-1 (One Family Dwelling) on 80 acres
located at the southeast corner of South
Allen Road (future) and Pensinger Road.
(Applicant: Mcintosh and Associates, representing
Centex Homes, Inc., property owner) (ZC 05-0943)
ORD 4294
Bakersfield, California, December 14,2005 - Page 8
ACTION TAKEN
12.
CONSENT CALENDAR continued
ORD 4295
o.
Adoption of Ordinance amending Title 17 of the
Municipal Code and Zoning Map Nos. 123-
29 and 123-32 from A (Agriculture) to R-1 (One
Family Dwelling) on 110 acres located north
and south of McCutchen Road, east and west of
Progress Road. (Applicant/Owner: Global
Investment & Development LLC, c/o Aaron Rivani)
(ZC 04-1012)
p.
Adoption of Ordinance amending Title 17 of the
Municipal Code by prezoning project area,
generally bounded by Panama Lane to the north,
Old River Road to the east, South Allen
Road (unimproved) to the west, and Taft Highway
(State Route 119) to the south, to R-1/PUD (One
Family Dwelling/Planned Unit Development) on
1,630.34 acres, to R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 109.53
acres, to C-1 (Neighborhood Commercial) on 9.66
acres, to C-2 (Regional Commercial) on 22.09 acres
and to C-2/PCD (Regional Commercial/Planned
Commercial Development) on 61.38 acres;
and approving Development Agreement. (Applicant:
PB Ventures LLC, property owner) (ZC 03-1528)
ORD 4296
AGR 05-431
q.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map no. 126-05 from A
(Agriculture) to C-1/PCD (Neighborhood
Commercial/Planned Commercial Development) on
28 acres and M-1 (Light Manufacturing) on 15 acres
located south of McCutchen Road and east of Ashe
Road. (Applicant: SmithTech/USA Inc.,representing
Thomas Mitchell Ashe) (ZC 04-1765)
ORD 4297
Resolutions:
r.
Resolution of Application proposing proceedings for
annexation of inhabited territory to the
City property identified as Annexation No. 502
located at the southeast corner of Panama
Lane and Buena Vista Road.
RES 287-05
s.
Resolution requesting the California State
Legislature and Governor continue the transfer of
Proposition 42 funds to transportation programs in
the 2006/07 budget and every year thereafter, and
to enact legislation to increase flexibility among
transportation programs to more easily match
deliverable projects with available funds.
RES 288-05
----....,._.__._.~~_._-,,-----
Bakersfield, California, December 14, 2005 - Page 9
12. CONSENT CALENDAR continued ACTION TAKEN
I. Assessment District No. 05-2 (Montaire/Paladino
Hills):
1. Resolution accepting petition and RES 289-05
determining to undertake special
assessment proceedings.
2. Resolution approving boundary map. RES 290-05
3. Resolution of Intention No. 1424. ROl1424
4. Agreement with Wilson & Associates for AGR 05-432
assessment engineering services.
5. Agreement with Orrick, Herrington & Sutcliffe AGR 05-433
for bond counsel services.
6 Agreement with Pillsbury Winthrop for AGR 05-434
disclosure counsel services.
Agreements:
u. Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreement with AGR 05·435
McMillin Albany, LLC for Tract 6169 Unit
6 located north of Panama Lane and east of
Old River Road.
2. Final Map and Improvement Agreements AGR 05-436
with Tuscany/Parcel 14 dba Siena Homes, AGR 05-437
Inc. for Tract 6347 Phase 1 located west of
Alfred Harrell Highway and north of State
Route 178.
3. Final Map and Improvement Agreement with AGR 05·438
Firm Foundation Ventures, Inc. for Tract
6413 Phase 1 located west of South Union
Avenue and north of Linnell Way.
4. Final Map and Improvement Agreement with AGR 05-439
Pulte Home Corp. for Tract 6149 Phase
6 located south of State Route 178 and west
of Miramonte Drive.
Bakersfield, California, December 14,2005 - Page 10
12. CONSENT CALENDAR continued ACTION TAKEN
v. Solara Park located at Miramonte Drive and Park
Place Drive:
1. Agreement with Pulte Home Corporation AGR 05-440
($361,026.00) for the development and
dedication of 3.61 acre Solara Park.
2. Appropriate $361,026.00 Park Improvement
Fund Balance.
Agreement with Kern Building Materials to lease AGR 05-441
w.
City owned real property located at 7800
Brimhall Road.
x. Agreement with Krazan & Associates, Inc. AGR 05-442
($248,921.25) to provide materials testing
services for two (2) years.
y. Agreements with Mcintosh & Associates AGR 05-443
($300,000.00) and Quad Knopf ($300,000.00) to AGR 05-444
provide on-call construction inspection services for
Capital Improvement Program and
Development projects.
z. Agreement with Strategic Design Services, LLC AGR 05-445
($28,410.00) for design services of security
and access control systems at Police Department
facilities.
aa. Amendment NO.1 to Agreement No. 05-100 with AGR 05-100(1)
Jim Alfter Cement Contractor
($125,000.00, for a revised not to exceed
$345,000.00) for canal liner repair.
bb. Oft Highway Motor Vehicle Recreation Project:
1. Amendment NO.1 to Agreement No. 04-102 AGR 04-102(1)
with State of California Department of
Parks and Recreation to extend the term of
agreement to December 31, 2005 and
increase amount of grant by $10,668.00.
2. Appropriate $10,668.00 State Grant Funds
to the Oft Highway Vehicle Park Capital
Improvement Budget within the Recreation
Facilities Fund.
Bakersfield, California, December 14, 2005 - Page 11
12.
CONSENT CALENDAR continued
ACTION TAKEN
cc. Environmental Impact Report (EIR) Preparation for
GPA/ZC 04-1746/Ashe NO.3 Annexation
(located north and south of Taft Highway (State
Route 119) between Ashe Road on the west
and future Mountain Ridge Road on the east):
1.
AGR 05-120(1)
Amendment NO.1 to Agreement No. 05-120
with Michael Brandman & Associates
($10,640.00).
2. Appropriate $10,640.00 developer's
contribution to the development fund for the
Development Services operating budget.
dd.
Amendment NO.2 to Agreement No. 04/097/RA04-
005 with the Bakersfield Redevelopment
Agency for authorization to use Community
Development Block Grant Funds for the Old
Town Kern Mixed Use Project.
AGR 04-097(2)
Bids:
ee. Accept bid to award annual contract to Bradco
Industrial Corp. dba Bradco Environmental
(not to exceed $150,000.00) for woodwaste and
greenwaste grinding services.
ft. Accept bid to award annual contract to Granite
Construction (not to exceed $750,000.00) for
HUD CDBG street materials.
AGR 05-446
AGR 05-447
gg. Accept bid from Jeskell, Inc. ($156,795.63) to
provide a storage area network.
hh. Accept bids from Jim Burke Ford ($195,891.59);
Raceway Ford ($74,173.03); and Three-Way
Chevrolet ($22,406.73) for pickup trucks. (Total
$292,471.36)
iL Extend bid from The Trailer Company ($38,872.76)
for one (1) walking floor dump truck body for the
Compost and Recycling Facility.
Miscellaneous:
jj. Appropriate $2,400.00 Transportation Development
Act Article 3 Grant for bicycle storage lockers at the
Ice Sports Center and McMurtrey Aquatic Center to
the Capital Improvement Budget within the Bikeway
and Pedestrian Pathway Fund.
" - .~-_._--~
Bakersfield, California, December 14, 2005 - Page 12
12.
CONSENT CALENDAR continued
ACTION TAKEN
kk. Appropriate $7,860.00 Federal Grant Revenues
(L.L.E.B.G.) to the Police Department
Operating Budget within the General Fund toward
the cost of mobile data computers.
II. Appropriate and transfer $570,000.00 additional
Vehicle License Fee in Lieu Revenues within the
General Fund to the Capital Improvement budget
within the Capital Outlay Fund for the City's street
preventative maintenance program.
mm. Appropriate $32,000.00 General Fund balance,
provided by the California Integrated Waste
Management Board Curbside Oil Program, to the
Recreation and Parks Capital Improvement
Budget for the purchase and installation of four (4)
shade structures at various parks.
Grant of Easement to Pacific Bell to install an above
ground telecommunication cabinet at 8600
Hageman Road.
00. Request for new position for Public Works
Department:
nn.
DEED 6349
1. Approve additional Accountant I position for
the Subdivisions Section.
2. Appropriate $65,000.00 additional
development fee revenue to the Public
Works Department operating budget within
the Development Services Fund.
pp. New position, additional Laborer positions, and
equipment for Recreation & Parks:
1.
RES 122-01(16)
Amendment No. 16 to Resolution No. 122-01
approving Memorandum of
Understanding for employees of the General
Supervisory, Police Supervisory and
Management Units and adopting salary
schedule and related benefits for Special
Events Manager.
2. New Job Specification for Special Events
Manager.
3. Approval of seven (7) Laborers, one (1)
Special Events Manager and equipment.
Bakersfield, California, December 14, 2005 - Page 13
12.
CONSENT CALENDAR continued
Item 12.pp. continued
ACTION TAKEN
4. Appropriate $170,000.00 additional vehicle
license fee in-lieu revenues to the
Recreation and Parks Operating Budget
within the General Fund for new positions,
and transfer $35,000.00 of the $170,000.00
to the Equipment Fund for the purchase
of equipment and a vehicle.
5. Appropriate $110,000.00 General Fund
revenue received from Castle & Cooke
(Agreement No. 96-81(1)), from
sponsorships/events and park rentals at The
Park at River Walk.
City Clerk McCarthy announced correction to items
12.1. changing the zone map to 102.06, 12.q.
changing the zone map 123.34 and 12.bb. to read
'the extension of the term to December 31, 2006'.
Additionally, last minute correspondence was
received from Thomas Henry on behalf of Oxy
Resources regarding item 12.k. stating opposition to
the item.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.pp., with corrections to
items 12.i. zone map 102-06, 12.q. zone map 123-34 and
12. bb. to read .....extend term to December 31, 2006."
13. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution ordering the
vacation of a portion of Crosswind Way east of
Windchime Court.
RES 291-05
b.
Public Hearing to consider Resolution ordering the
vacation of an 11.25 foot wide strip of land on 26th
Street between M Street and the alley.
RES 292-05
c.
Public Hearing to consider Resolution ordering the
vacation of a portion of Pacheco Road
between Old River and Progress Roads, and
Progress Road between Harris and Pacheco
Roads.
RES 293-05
Bakersfield, California, December 14, 2005 - Page 14
ACTION TAKEN
13.
CONSENT CALENDAR HEARINGS continued
d. Protest Hearing for proposed Assessment District
No. 05-3 (Liberty IINillage GreenfTesoro-
Encanto/Lin/Rider/Diamond Ridge):
1.
Resolution approving Final Engineer's
Report, levying assessments, ordering
improvements, and, authorizing and directing
related actions.
RES 294-05
RES 295-05
Public Hearing to consider Resolution authorizing
American Baptist Homes of the West to issue
revenue bonds (not to exceed $120,000,000.00) to
be used to finance the Rosewood Retirement
Community - TEFRA.
e.
f. Public Hearing to consider amendments to various
ordinances relating to:
2.
3.
4.
5.
1.
Drilling or and Production of Petroleum
REMOVED FOR
SEPARATE
CONSIDERA TION
6.
7.
8.
9.
10.
11.
Tentative Maps
Final Tact Maps
Design Standards
General Regulations including Site Plan
Review
R-1 One-Family Dwelling Zone
R-2 Limited Multiple-Family Dwelling Zone
R-3 Limited Multiple-Family Dwelling Zones
R-4 Multiple Family Dwelling Zone
PUD Planned Unit Development Zone
PCD Planned Commercial Development
Zone
Signs
FR
FR
FR
FR
FR
FR
FR
FR
FR
12.
City Clerk McCarthy announced correspondence
was received from Roger Mcintosh & Associates
requesting portions of item 13.f. be referred to staff.
Development Services Director Grady made staft
comments.
Hearings opened at 7:15 p.m.
Les Clark spoke requesting item 13.f.1. be removed
for separate consideration.
Hearing closed at 7:16 p.m.
Bakersfield, California, December 14, 2005 - Page 15
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearings 13.a. through 13.f. with the deletion
of Section 16.16.010 of 13.f.2, Section 16.28.170 of
13.f.4 and Section 1708.150 of 13f.5. Additionally,
separate consideration to be given to 13.f.1.
ACTION TAKEN
f. Public Hearing to consider amendments to various
ordinances relating to:
1. Drilling or and Production of Petroleum
Hearing opened at 7:17 p.m.
Les Clark, Executive Vice-President of the
Independent Oil Producers Agency, spoke in
opposition to the staft recommendation.
Hearing closed at 7:20 p.m.
Motion by Councilmember Benham to refer the issue to
the Planning and Development Committee and the
previous issues id not resolved by staff.
14. HEARINGS
None.
15. REPORTS
a. Proposed build-out of Highway 178.
Public Works Director provided a computer overview
and made staff comments.
Vice-Mayor Maggard requested staff assist him in
compiling information regarding traffic signals and
restrictions on construction traffic that can be
distributed to area residents.
Vice-Mayor Maggard requested staff aid in expediting
the signals at Hwy. 178 and Miramonte and completion
of the Fairfax interchange by writing to Caltrans.
Councilmember Couch requested staff make a similar
presentation for all the Thomas Roads Projects and
provide timeline projections for all projects.
Vice-Mayor Maggard requested the presentation be
made available to the public on the website.
Bakersfield, California, December 14, 2005 - Page 16
ACTION TAKEN
15. REPORTS continued
b. Update on Capital Improvement Program Budget.
Public Works Director Rojas introduced Design
Engineer Arnold Ramming who provided handouts
and gave a computer presentation.
Councilmember Couch requested staff analyze the
feasibility of a partial opening of the Park at Riverwalk.
16. DEFERRED BUSINESS
17. NEW BUSINESS
a. Report on the Sale of the City Farm Property.
DELETED
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham announced the Golden Empire
Gleaners will receive a large donation from KUZZ and she
would be leaving immediately to accept on behalf of the
Gleaners.
Councilmember Benham wished everyone Seasons
Greetings.
Councilmember Scrivner requested Chief Rector and
Chief Fraze meet with him to review the budget for
the Fireworks Task Force.
Councilmember Scrivner requested staff review
Ordinances pertaining to stereo noise in the cities of
Los Angeles and Fresno and compare our Ordinance to
those and report findings at the next Legislative and
Litigation Committee meeting January 5th.
Councilmember Scrivner requested staff provide an
update regarding the use of plants along brick walls to
discourage graffiti.
Councilmember Scrivner requested the Planning and
Development Committee review setting aside
industrial zones and make recommendations regarding
areas to be designated.
Councilmember Scrivner made comments regarding the
Minivan for Mom program.
Councilmember Scrivner wished everyone Merry
Christmas and Happy Holidays.
Bakersfield, California, December 14, 2005 - Page 17
ACTION TAKEN
18. COUNCIL AND MAYOR STATEMENTS continued
Councilmember Carson requested information regarding an
employee theatre. City Manager Tandy responded.
Councilmember Carson invited the public to the Ad
Hoc Committee on Crime and Violence meeting on
Tuesday, December 20, 2005 and requested staff
prepare a press release regarding the meeting.
Councilmember Carson wished everyone and our troops
Merry Christmas and Happy Holidays.
Councilmember Couch requested staff respond to a
letter from Mr. Kemp.
Councilmember Couch requested staff review plans for
land adjacent City arterials and the railroad at Allen
and Hageman Roads and analyze whether providing
input to the appropriate agency would be expedient.
Councilmember Couch requested staff provide
information regarding development on Monarch Palm
and whether the development taking place is within
approved plan.
Councilmember Couch requested staff review the
Circulation Element within the General Plan specifically
in light of approvals by the City of Shafter and Kern
County and report to the Planning and Development
Committee.
Councilmember Couch wished everyone and particularly
our troops Merry Christmas and Happy New Year.
Council member Sullivan made comments regarding the
opening of Riverwalk Park.
Councilmember Sullivan encouraged vigilance
regarding reporting of graffiti vandalism and littering;
additionally requested staff formulate new ideas to
combat the on-going problem.
Councilmember Sullivan requested staff investigate the
removal of trees from the shopping center at White
and Ashe and requested information regarding control
of tree removal.
Bakersfield, California, December 14, 2005 - Page 18
18.
COUNCIL AND MAYOR STATEMENTS continued
Councilmember Sullivan requested the Community
Services Committee evaluate the cost of purchasing
and develop a plan for providing Christmas
decorations for the downtown area and Rabobank
Arena and Convention Center.
Councilmember Sullivan wished everyone Merry Christmas
and Happy New Year.
Vice-Mayor Maggard requested information regarding lights
in the trees downtown. Recreation and Parks Director
Hoover responded.
Vice-Mayor Maggard made comments regarding formation
of an ad hoc committee to address pension issues.
Vice-Mayor Maggard made comments regarding the Air
District meeting on December 15, 2005 and the imposition
of fees on new housing as mandated by SB 709.
Vice-Mayor Maggard thanked staft for assisting in installing
of the Fox Theatre clock.
Vice-Mayor Maggard made comments regarding Mr. Kemp
and code enforcement issues.
Vice-Mayor Maggard encouraged community members to
report graffiti and not become discouraged.
Vice-Mayor Maggard wished the community and troops
Merry Christmas and Happy Holidays.
Mayor Hall adjourned the meeting at 8:35 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN