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BAKERSFIELD CITY COUNCIL
AGENDA
MARCH 22, 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; Closed Session 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. Bakersfield Citizens for Local Control v City/Panarna 99 Properties, LLC.
2. Bakersfield Citizens for Local Control v City/Castle & Cooke California, Inc.
3. City v H.W. Lakeshore Pines Joint Venture (Cross).
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION
7. PLEDGE OF ALLEGIANCE by Pastor Isaac Sandifer, Baker Street Church of Christ.
8. CLOSED SESSION ACTION by Anna Sanchez, 3rd Grade Student at Van Horne School.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health
Services, Kern County Department of Public Health, proclaiming April 3-9, 2006, as "Public
Health Week".
b. Presentation by Mayor Hall of Proclamation to Joseph G. Giuffre, Southern Region
Chairperson, Lions Clubs of District 4a2, proclaiming March 26-Apri11 , 2006 as "Lions
Awareness Week".
(10min)
c.
Presentation by Vision 2020 of the First Quarter Update, "Our Future - Our Responsibility".
10. PUBLIC STATEMENTS
11. APPOINTMENTS
a. One (1) appointment to the Historic Preservation Commission due to the expiration of term of
Susan Stussy, term expires March 30, 2006.
Staff recommends Council determination.
12. CONSENT CALENDAR
(Ward 4¡<
(Ward 6)
(Ward 7)
(Ward 7¡<
(Ward 3)
(Ward 7)
" - upon annexation
Minutes:
a. Approval of minutes of the February 27, 2006 Joint City County Meeting and the March 8,
2006, Regular City Council Meeting.
Payments:
b. Approval of department payments from February 25, 2006 to March 9, 2006 in the
amount of $13,036,872.37 and self insurance payments from February 25, 2006 to
March 9, 2006 in the amount of $59,805.49.
Ordinances:
c.
First Reading of Ordinance approving a Negative Declaration and amending Section
17.06.020 (Zone Map NO.1 02-05) of the Municipal Code by changing the zoning, upon
annexation to the City, from A (Agriculture) to E (Estate) on 43.13 acres located on both
sides of Etchart Road approximately Y, mile west of Coffee Road. (ZC 05-1082)
(SmithTech/USA representing Oak Tree Development Co., Inc.)
First Reading of Ordinance amending Section 17.060.020 (Zone Map No. 123-29) of the
Municipal Code by changing the zoning from MH (Mobile Home) to R-1 (One Family
Dwelling) on 2.4 acres and from MH to R-2 (Limited Multiple Family Dwelling) on 26.41 acres
generally located on the east side of Progress Road approximately Y, mile south of Panama
Lane. (File No. 05-1686) (Quad-Knopf, Inc. representing Gosford-Panama Partners)
d.
e.
Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020
(Zone Map No. 123-36) of the Municipal Code by changing the zoning from A (Agriculture) to
C-2 (Regional Commercial) on 16.71 acres; located north of State Highway 119 and west of
State Highway 99. (ZC 05-0493) (Moreland Consulting representing East-West Developers
LLC) (FR 03/08/06)
f.
Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020
(Zone Map No. 101-11) of the Municipal Code by changing the zoning from A (Agriculture) to
R-1 (One Family Dwelling) on 40± acres and from A to R-2 (Limited Multiple Family Dwelling)
on 20± acres. (ZC 05-0725) (Porter-Robertson Engineering representing Kevin Pasco et al)
(FR 03/08/06)
g.
Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020
(Zone Map No. 103-24) of the Municipal Code by changing the zoning from R-1 (One Family
Dwelling) to C-2/PCD (Regional CommerciallPlanned Commercial Development) on 15.9±
acres generally located at the southwest corner of State Route 178 and Morning Drive. (File
#05-1381) (Mcintosh & Associates representing Sterling Oaks East, LLC)
(FR 03/08/06)
h.
Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020
(Zone Map NO.1 01-02) of the Municipal Code by changing the zoning from A (Agriculture) to
E (Estate) on 98+ acres net/1 01 + acres gross located at the northeast corner of Snow Road
and Jenkins Road. (ZC 05-1685) (SmithTech/USA Inc. representing Brian Rice
Construction) (FR 03/08/06)
2
(Ward 7)
(Ward 5t
(Ward 3,4)
(Ward 6)
(Ward 7)
(Ward 6)
(Ward 3)
(Ward 1)
(Ward 3)
(Ward 2)
(Ward 5)
12. CONSENT CALENDAR continued
Resolutions:
I.
Sewer Connection Fee Assessments for 5205 Debby Street:
1. Resolution confirming assessments for sewer connection fees and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Lupe F. & Teressa A. Acosta to pay sewer connection fee in
installments and notice of special assessment lien.
j. Resolution setting salary and related benefits for officers and employees of the General
Supervisory, Police and Management Units of the City.
k. Resolution approving the sale of surplus property (police batons) to the United States Army.
I. Resolution authorizing the Police Department to apply for the Edward Byrne Memorial
Justice Assistance Grant ($75,605.00) from the U. S. Department of Justice.
m.
Resolution approving application for annexation of uninhabited territory to the City property
identified as Annexation No. 511 located at the northeast corner of McCutchen and Buena
Vista Roads.
n.
Resolution ordering change of proceedings to reduce assessments for parcels located in
Assessment District 05-3 (Liberty IINillage Green/Tesoro-Encanto/Lin/Rider/Diamond
Ridge).
Resolution establishing Traffic Signal Maintenance District TS-13, (Panama and Stine
Shopping Center) confirming the assessments, approving Public Works Director's Report
and authorizing collection of assessments by Kern County Tax Collector.
Resolution adding territory, Area 3-40 (Berkshire, 99 W) to the Consolidated Maintenance
District and confirming the assessments, approving Public Works Director's Report and
authorizing collection of assessments by Kern County Tax Collector.
Resolution adding territory, Area 3-46 (Panama, Mountain Ridge SE) to the Consolidated
Maintenance District and confirming the assessments, approving Public Works Director's
Report and authorizing collection of assessments by Kern County Tax Collector.
Resolution adding territory, Area 4-49 (Donaldo, Casa Club SW) to the Consolidated
Maintenance District and confirming the assessments, approving Public Works Director's
Report and authorizing collection of assessments by Kern County Tax Collector.
Resolution adding territory, Area 4-50 (3rd, "V" NE) to the Consolidated Maintenance District
and confirming the assessments, approving Public Works Director's Report and authorizing
collection of assessments by Kern County Tax Collector.
Resolution adding territory, Area 4-51 (Valley, Paladino NW) to the Consolidated
Maintenance District and confirming the assessments, approving Public Works Director's
Report and authorizing collection of assessments by Kern County Tax Collector.
Resolution adding territory, Area 1-65 (Real, Chester NE) to the Consolidated
Maintenance District and confirming the assessments, approving Public Works Director's
Report and authorizing collection of assessments by Kern County Tax Collector.
Resolution of Intention No. 1442 to establish Traffic Signal Maintenance District TS-14,
(Ming, South Allen SE) preliminarily adopting, confirming and approving Public Works
Director's Report.
o.
p.
q.
r.
s.
I.
u.
v.
- upon annexation
3
12. CONSENT CALENDAR continued
Agreements:
(Ward 1,4,7)
w.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Lennar Homes of California, Inc., for
Tract 6184 Unit 4 located south of Snow Road and east of Jewetta Avenue.
2. Final Map and Improvement Agreement with Housing Authority of Kern County for
Tract 6209 Phase 1 located south of Fairview Road and east of Monitor Street.
3. Improvement Agreement with Palms Bakersfield Limited, LLC for Parcel Map 11220
located south of Panama Lane and east of Stine Road.
4. Final Map with ADH Corporation for Tract 6232 Phase 5 located south of Zephyr
Lane and west of South Sterling Road.
x. Off Highway Motor Vehicle Recreation Project:
1. Amendment NO.1 to Agreement No. 04-323 with Michael Brandman and Associates
($197,950.00) for preparation of an Environmental Impact Report.
2. Amendment NO.2 to Agreement No. 04-102 with State of California Department of
Parks and Recreation to increase the amount of the grant by $197,950.00.
3. Appropriate $197,950.00 State Grant Funds to the Off Highway Vehicle Park Capital
Improvement Budget within the Recreation Facilities Fund for securing approval of an
Off Highway Vehicle Park.
y. Amendment NO.1 to Agreement No. 05-185 with Alon Asphalt Bakersfield, Inc.
($450,000.00, revised not to exceed $900,000.00 and extending term for one (1) year) for
asphalt rejuvenator/sealant.
z. Amendment NO.2 to Agreement No. 00-95 with William Avery & Associates, Inc. (not to
exceed $41,200.00 per year) for negotiation and consultation services for employer-
employee relations.
(Ward 4)
aa.
Contract Change Order NO.6 to Agreement No. 04-339 with S. C. Anderson, Inc.
($30,587.52 decrease, revised not to exceed $5,665,021.28) for The Park at River Walk.
(Site Improvement)
Contract Change Order NO.1 to Agreement No. 05-284 with HPS Mechanical ($12,869.29,
revised not to exceed $613,396.29) for construction of pipeline to City water facility at Norris
Road.
(Ward 4)
bb.
Bids:
cc. Accept bid to award annual contract to Jim Alfter Cement Contractor ($200,000.00) for canal
liner repair.
(Ward 2)
dd.
Reject all bids for decorative bollards for the Chester Avenue Streetscape Project.
ee. Extend bid from Jim Burke Ford ($74,508.49) for one (1) additional aerial lift truck for the
Recreation and Parks Department.
ff. Water truck for the Solid Waste Division:
1. Accept bid from Gibbs International ($132,331.82) for one (1) additional water truck.
2. Appropriate and transfer $28,332.00 Refuse Fund Balance to the Public Works
Operating Budget within the Equipment Maintenance Fund.
4
12. CONSENT CALENDAR continued
(Ward 3)
(Ward 5t
(Ward 4)
Miscellaneous:
Appropriate $1,000.00 developer's contribution to the General Fund in the Development
Services budget for peer review of the Geologic Hazards Report for Vesting Tentative Tract
6137 located on the west side of Alfred Harrell Highway, and the north side of Paladino
Drive. (Developer: S & S Homes/Engineer: New Vision Engineering)
hh. Appropriate $6,183.00 in Strong Motion Instrumentation (SMI) monies to the General Fund in
the Development Services Operating budget to supply electrical service to the disaster
trailer.
gg.
Appropriate $10,000.00 developer share project costs to the General Fund in the
Development Services budget for consulting services for processing SunCal McAllister
Ranch prezoning and environmental documents.
jj. Appropriate and transfer $500,000.00 General Fund balance to the Capital Improvement
budget within the Capital Outlay Fund for the City's street preventative maintenance
program.
ii.
kk. Appropriate $90,000.00 Equipment Fund Balance to the Finance Department Operating
Budget within the Equipment Management Fund for the replacement of nine (9) photocopier
machines.
The Park at River Walk/Bright House Networks Amphitheatre:
1. Appropriate $20,000.00 contribution from Castle & Cooke, Inc. to the Recreation and
Parks Operating Budget within the General Fund for the "Bit of Bakersfield" event.
2. Appropriate $75,000.00 naming rights advertising revenue from Bright House
Networks (per Agreement No. 05-429) to the Recreation and Parks Operating Budget
within the General Fund, for the "Bit of Bakersfield" event and other activities.
mm. Accept donation ($1,750.00) from the Wal-Mart Foundation to the Bakersfield Fire
Department and appropriate $1,750.00 to the General Fund Operating Budget for fire safety
education.
II.
nn. Conversion of existing vacant Deputy City Attorney I position to two (2) Associate City
Attorney positions.
Staff recommends adoption of Consent Calendar items a through nn.
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider Resolution making findings and updating the Capital Improvement
Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Staff recommends
adoption of resolution.)
b. Public Hearing to consider Resolution approving and adopting an adjusted fee (proposed
5.6% increase based upon Construction Cost Index) for the development and improvement
of parks within the City. (Staff recommends adoption of resolution.)
14. HEARINGS
15. REPORTS
5
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Respectfully submitted,
d Úf;-
Alan Tandy
City Manager
3/16/06 11 :50am
6
AGENDA HIGHLIGHTS
MARCH 22, 2006 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
CLOSED SESSION
There will also be a conference with the labor negotiator and with legal counsel regarding one case
of potential litigation and three cases of existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
APPOINTMENTS
There will be one appointment to the Historic Preservation Committee
CONSENT CALENDAR
Ordinances
Item 12c. First ReadinQ of Ordinance ApprovinQ a NeQative Declaration and AmendinQ the
Municipal Code by ChanQinQ the ZoninQ from A (AQriculture) to E !Estate) on 43.13 Acres Located
in an Unincorporated Area on Both Sides of Etchart Road Approximately Y, Mile West of Coffee
Road. SmithTech/USA, representing Oak Tree Development Co., Inc., proposes this zone change
to bring the site into consistency with the General Plan designation of the property. A request for
annexation has been submitted by the property owner. The site is currently in cultivation, and is
proposed for single-family residential use (estate size lots - 10,000 sq. ft. minimum). On January
19, 2006, the Planning Commission held a public hearing and recommended approval. No one
spoke in opposition to the project.
Item 12d. First ReadinQ of Ordinance AmendinQ the Municipal Code by ChanQinQ the ZoninQ from
an MH (Mobile Home) to an R-1 (SinQle-Familv DwellinQ) on 2.4 Acres. and from an MH to an R-2
(Limited Multiple-Familv Dwellinq) on 26.41 Acres Generallv Located on the East Side of Proqress
Road. Approximately Y, mile south of Panama Lane. Quad-Knopf, Inc., representing Gosford-
Panama Partners, proposes the zone change to provide greater flexibility in the type of residential
housing than could be developed i!l the Mobile Home zone. The request is consistent with General
Plan designation.
A General Plan Amendment and EIR for this area were certified on September 28, 2005. In
accordance with CEQA Section 15162, no further environmental documentation is necessary
because no substantial changes to the original project are proposed, there are no substantial
changes in circumstances under which the project will be undertaken and no new environmental
impacts have been identified. All mitigation measures and conditions of approval have been
included.
,
Agenda Highlights
March 22, 2006
Page 2
The Panama-Gosford EIR project description included 230 mobile home units within the entire 28.81
acres. In order to remain within the parameters of the environmental analysis of the EIR, staff
recommends limiting the number of dwelling units. The current canal alignment is the easterly
border of the area. The developer will be relocating the canal to generally parallel Gosford Road
south from Panama Lane, then west along a future east-west street. The proposed portions to be
rezoned are shown in more detail on a map included in the administrative report. On February 2,
2006, the Planning Commission held a public hearing on this zone change request, and recommend
adoption by the City Council. No one spoke in opposition to the project.
Resolutions
Item 12j. Resolution Settinq Salary and Related Benefits for Officers and Emplovees of the General
Supervisory. Police and Manaqement Units. A summary of significant items that are recommended
for approval include: salary increases of 3% effective January 1, 2006, and 4% effective January 1,
2007; the current subsidy for retiree medical health care premiums will be eliminated for all
management and supervisory employees hired after approval of the resolution; supervisory
employees hired after approval of this resolution are to pay full employee retirement contributions for
the first five years of employment; the automobile allowance, which has not changed since 1999, will
increase; and the match percentage will be converted into salary for those employees who currently
receive a matching deferred compensation benefit.
Aqreements
Item 12x. Amendments to Aqreements reqardinq the Off Hiqhwav Motor Vehicle Recreation
Proiect. The first amendment is with Michael Brandman and Associations for preparation of an EIR
in the amount of $197,950, for a revised total of $513,040. The second amendment is with the State
of California Department of Parks and Recreation to increase the amount of the grant by $197,950,
which staff requests be appropriated. These amendments are necessary as the Off Highway
Vehicle Park site (11,000 acres) is more than 200% larger than originally anticipated and
necessitates more environmental work than the original bid covered. The Department of Parks and
Recreation has agreed with this action. This project is now anticipated to be heard by the Board of
Supervisors in September 2006. The draft Environmental Impact Report should be out for a 45-day
review in June 2006.
Item 12y. Amendment No. 1 to Aqreement No. 05-185 with Alon Asphalt Bakersfield, Inc. for
Asphalt ReiuvenatorlSealant, in an amount not to exceed $450,000. for a revised not to exceed total
of $900.000). The original agreement allows for a one-year extension of the same terms if all parties
agree. Extending this agreement allows the City to continue working with a good provider, and
saves staff time and effort that might have been spent rebidding the item.
Bids
Item 12dd. Reiect All Bids for Decorative Bollards for the Chester Avenue Streetscape Proiect.
Three acceptable bids were received; however, all of them exceeded the budget allowance. Staff is
investigating alternate products and will clarify the bid documents before re-advertising. Please
note: The bollards should not be confused with the decorative street lamps approved for this project
at the Council meeting of March 8, 2006.
Item 12ee. Extend Bid from Jim Burke Ford for One Additional Aerial Life Truck for the Recreation
and Parks Department in the amount of $74.508.49) At the meeting of March 8, 2006, Council
approved the purchase of two aerial lift trucks. The specifications included a provision whereby with
the written approval of all parties, the City may purchase additional units at the same per-unit cost
Agenda Highlights
March 22, 2006
Page 3
within one year after acceptance of the original bid. Funds for this purchase are in the FY 2005-06
Adopted Budget.
Item 12ft. Award Contract to Gibbs International for One Additional Water Truck for the Solid Waste
Division in the amount of $132.331.82). Two acceptable bids were received. Staff recommends
award to Gibbs International. The FY 2005-06 Adopted Budget has $104,000 for the purchase of
the truck. An additional $28,332 needs to be appropriated to complete the action.
Miscellaneous
Item 12jj. Appropriate and Transfer $500,000 General Fund Balance to the Capital Improvement
Budqet within the Capital Outlav Fund for the Street Preventative Maintenance Proaram. This is the
second request to increase funding for the City's street preventative maintenance program this fiscal
year. Because several factors, such as weather, can impact the amount spent for street
maintenance, staff is requesting additional funding in phases, rather than all at once. There is a
large backlog of City residential streets that are in need of reconstruction. Although $6 million is
budgeted for street materials in this fiscal year, staff anticipates a funding shortfall by year's end if
street crews continue at their current pace. Staff will continue to monitor anticipated expenditures
for this program and may come back to Council in the future with additional appropriation requests.
Item 12kk. Appropriate $90,000 Equipment Fund Balance to the Finance Department Operatinq
Budqet within the Equipment Manaqement Fund for the Replacement of Nine Photocopier
Machines. Historically, copy machines have been replaced due to excessive maintenance issues
rather than age. This year, nine more copiers than anticipated need to be replaced. Additional
appropriations are necessary to accomplish this purchase.
Item 1211. Appropriations for The Park at River Walk / Briqht House Networks Amphitheatre. Castle
& Cooke, Inc. contributed $20,000 for the opening band at The Park at River Walk grand-opening
event. The City also received the first payment of $75,000 from Bright House Networks for the
naming rights agreement for the amphitheater. Staff recommends appropriating both amounts.
Item 12nn. Conversion of Vacant Existinq Deputv City Attornev I Position to Two Associate City
Attornev Positions. On February 27, 2006, the Deputy City Attorney I position was vacated. Staff
requests converting this position into two Associate Attorney positions, which will compliment the
Community Prosecution Program. The funds for the Deputy City Attorney I position will cover the
salary and benefits of the two Associate Attorney positions.
CONSENT CALENDAR HEARINGS
Item 13a. Public HearinQ to Consider Resolution UpdatinQ the Capital Improvement Plan for the
Metropolitan Bakersfield Habitat Conservation Plan. Developers pay a $1,240 per acre fee at
grading plan approval stage to compensate for direct and indirect impacts on endangered species
habitat from urban development. The funds are used to purchase and manage habitat consistent
with the City's implementing agreement with the U.S. Fish and Wildlife Service and California
Department of Fish and Game. The program requires no support funds from the City or County. No
change in the fee is recommended at this time.
However, at the February 27, 2006 joint City/County meeting, Ted James, Kern County Planning
Director provided a report that with the recent astronomical increases in land prices, it will soon be
necessary to increase the fee. In addition, finding suitable habitat lands to acquire is becoming
more difficult in Kern County because most of the available habitat land has been already acquired.
Of the remaining land, the Trust Group, which is composed of representatives from the City and
Agenda Highlights
March 22, 2006
Page 4
County, advisory members from the California Department of Fish and Game, the U.S. Fish and
Wildlife Service, and an at-large public member, is now competing with speculating land investors.
The Capital Improvement Plan (CIP) must be updated annually by the City and County. It involves
the use of mitigation fees to offset the loss of endangered species habitat in the metropolitan
Bakersfield area through the acquisition and maintenance of non-urban habitat land. It is
recommended that no changes in the Capital Improvement Plan are necessary and that the update
should be a confirmation of the present Metropolitan Bakersfield Habitat Conservation Plan. Staff
will continue to monitor the adequacy of the Capital Improvement Plan to ensure that the program
meets its obligations. The Kern County Board of Supervisors conducted a public hearing on this
item on December 20, 2005, and approved a similar resolution.
Item 13b. Public Hearinq to Consider a Resolution Approvina and Adoptina an Adiusted Fee for the
Development and Improvement of Parks. Staff recommends increasing the current $1,430 per
dwelling unit fee to $1,510 per dwelling unit (5.6% increase), and is based entirely on the rise in the
Construction Cost Index (CCI). No other changes are recommended. The park development fee
was last adjusted in July, 2005.
Approved:
Alan Christensen,
Assistant City Manager
~
cc: Department Heads
Rhonda Smiley, Public Relations
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Closed Session
ITEM: l./.o..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
March 10, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
W;.
Vt:
W/
.
SUBJECT: Conference with Labor Negotiator, Bill Avery, pursuant to Government Code section
54957.6
VG:do
S:ICOUNCILICI SesslAdminsI05-06103-22-06 LaborNegdot.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Closed Session
ITEM: L-I. b·
TO:
Honorable Mayor and City Council
March 10, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
I/t:-
t/t:-
N
.
FROM:
DATE:
Virginia Gennaro, City Attorney
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9.
(one case)
VG:do
S:ICOUNCILICI SesslAdminsI05-06103-22-06 Potential.dot
March 10, 2006, 4:12PM
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Closed Session
ITEM: L.(. c..
TO:
Honorable Mayor and City Council
DATE:
March 10, 2006
CITY ATTORNEY
APPROVED
t/(;
fA:
FROM:
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY MANAGER ~
SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
· Bakersfield Citizens for Local Control v. City of Bakersfield/ Panama
99 Properties, LLC
Kern County Superior Court Case No. 249669 NFT
· Bakersfield Citizens for Local Control v. City of Bakersfield/ Castle &
Cooke California, Inc.
Kern County Superior Court Case No. 249668 NFT
· City of Bakersfield v. H. W. Lakeshore Pines Joint Venture (Cross).
Kern County Superior Court Case No. S-1500-CV-254648-LPE
VG:do
S:\COU NCI L \CI Sess\Admins\05-06\03-22-06Existlit.doc
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ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Presentations
ITEM: q.o...
TO:
FROM:
Honorable Mayor and City Council
Mayor Harvey L. Hall
March 13, 2006
~D
DEPARTMENT HEAD
CITY ATTORNEY
DATE:
CITY MANAGER
¡4-V
SUBJECT: Presentation by Mayor Hall of Proclamation to Dr. B. A. Jinadu, Director of Public Health
Services, Kern County Department of Public Health, proclaiming April 3-9, 2006, as "Public
Health Week".
RECOMMENDATION:
BACKGROUND:
ndw
March 13, 2006. 9:09AM
S:\MAYORIADMIN\2006\PUBLlC HEALTH WEEK.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Presentations
ITEM: q.b.
FROM:
Mayor Harvey L. Hall
March 13, 2006
DEPARTMENT HEAD
CITY A TIORNEY
CITY MANAGER Au
TO: Honorable Mayor and City Council
DATE:
SUBJECT: Presentation by Mayor Hall of Proclamation to Mr. Joseph G. Giuffre, Southern Region
Chairperson for the Lions Clubs of District 4a2, proclaiming March 26 - April 1, 2006, as
"Lions Awareness Week".
RECOMMENDATION:
BACKGROUND:
ndw
March 13, 2006. 9: 19AM
S:\MAYORIADMIN\2006\LlONS AWARENESS WEEK.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Presentations
ITEM: Cj. c..
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEM. } '-. M-
FROM:
Pamela McCarthy, City Clerk
March 10, 2006
CITY ATTORNEY
DATE:
CITY MANAGER
/I:ú
SUBJECT: Presentation by Vision 2020 of the First Quarter Update, "Our Future - Our Responsibility."
RECOMMENDATION:
Staff recommends acceptance of report.
BACKGROUND:
S:\Council\admins\2006\Mar 22Presentation. DOT
pmc
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ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Appointments
ITEM: II. a. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAØ1"." . ~ ß1
CITY ATTORNEYVo ~ V~
Pamela A. McCarthy, City Clerk
March 13, 2006
CITY MANAGER
,rq&
SUBJECT: One appointment to the Historic Preservation Commission due to the expiration
of term of Susan Stussy, term expires March 30, 2006.
RECOMMENDATION:
Staff recommends Council determination.
BACKGROUND:
Currently there is one appointment to the Historic Preservation Commission due to the expiration of term
of Susan Stussy, whose term expires March 30, 2006. The news release for this recruitment was posted
February 16, 2006.
An application for reappointment has been received from Susan Stussy.
The membership of the Historic Preservation Commission was amended in accordance with Ordinance
No. 4246 adopted on April 13, 2005. The Commission is now composed of five (5) members rather than
eight. In addition, the nominations, which were previously made by individual Councilmembers and the
Mayor, are currently made by the full Council.
The Historic Preservation Commission is an advisory body to the City Council. Members must be
residents of the City of Bakersfield, but not a specific Ward, throughout their three-year term.
The Commission reviews applications for Cultural Resource designations and applications for Historic
Districts in addition to applications which may be referred by the Planning Commission, Board of Zoning
Adjustment or the City Council. The Commission presides and conducts public hearings on designation
applications and makes recommendations to the City Council.
Meetings are held on the third Tuesday of each month at 4:00 p.m. as needed.
March 13,2006, 11 :48AM
S:\Bds&CommIHPC'ADMIN March 2006.dot
_...._._._._,--_..._._---~-_.-.- .._--_._~----,._._-_.~.-
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1"*.0...
TO:
Honorabie Mayor and City Council
APPROVED
DEPARTMENT HEA.()¡~ J
-
FROM:
Pamela McCarthy, City Clerk
DATE:
March 10, 2006
CITY ATTORNEY
CITY MANAGER Þ
SUBJECT: Approval of minutes of the February 27, 2006 Joint City Council Kern County Board of
Supervisors Meeting and March 8, 2006 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
"
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~.b.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DATE:
March 09, 2006
CITY ATTORNEY
~
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY MANAGER
ßí/
.
SUBJECT: Approval of department payments from February 25, 2006 to March 09, 2006 in the amount
of $13,036,872.37 and self insurance payments from February 25,2006 to March 09,2006
in the amount of $59,805.49.
RECOMMENDATION:
Staff recommends approval of payments totaling $13,096,677.86.
BACKGROUND:
RAR
March 9, 2006. 2:44PM
S:IKimGIForms & LablesIAOMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Consent Calendar
ITEM: I;),.t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~.s6,
{/
CITY ATTORNEY
Stanley C. Grady. Development Services Director
March 8, 2006
CITY MANAGER
Au
SUBJECT: First reading of an ordinance approving a negative declaration and amending
Section 17.06.020 (Zone Map NO.1 02-05) of Title Seventeen of the Bakersfield
Municipal Code by changing the zoning of property to be annexed from A
(Agriculture) to E (Estate) on 43.13 acres; located in the unincorporated area of
Kern County on both sides of Etchart Road approximately Y, mile west of Coffee
Road (ZC 05-1082 - SmithTECH USA, Inc. representing Oak Tree Development
Co., Inc.) (Ward 4).
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On January 19, 2006, the Planning Commission held a public hearing and recommended approval of
this zone change to bring the site into consistency with the General Plan designation of the property.
The project is proposed to rezone the subject site upon annexation from A (Agriculture) to E
(Estate) on 43.13 acres and to bring the property into consistency with the General Plan. The site
is currently in cultivation. The site is proposed for single family residential use (estate size lots-
10,000 sq. ft. minimum).
Request for annexation has been submitted by the property owner.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. A negative declaration was prepared in accordance with
CEQA. Mitigation measures included in the conditions of approval reduce the impacts to cultural
resources to less than significant. No other significant impacts were identified.
dowladmin\3-22-1082
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SE~TION: Consent Calendar
ITEM: I~. 11,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Dir.
APPROVED
March 14, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map No. 123-29) of Title
Seventeen of the Bakersfield Municipal Code by changing the zoning from an MH (Mobile
Home) zone to an R-1 (One Family Dwelling) zone on 2.4 acres and from an MH (Mobile
Home) zone to an R-2 (Limited Multiple Family Dwelling) zone on 26.41 acres generally
located on the east side of Progress Road, approximately Y, mile south of Panama Lane
(Applicant: Quad-Knopf, Inc. representing Gosford - Panama Partners) (File No. 05-1686).
(Ward 6)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
On February 2, 2006, 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 MH (Mobile Home) zone to an R-1 (One Family Dwelling) zone on 2.4 acres and to an R-2
(Limited Multiple Family Dwelling) zone on 26.41 acres. No one spoke in opposition to the project at the
Planning Commission hearing.
The current canal alignment is the easterly border of the area proposed to be rezoned. The developer
will be relocating the canal to generally parallel Gosford Road south from Panama Lane, then west along
a future east-west street. The mid-section line of Section 29 is the line of separation between the existing
R-1 and R-2 zoned property east of the canal. For orderly development, the portion south of the mid-
section line is proposed to be rezoned to R-1 and developed with the adjacent existing R-1 zoned
property. The proposed area to be rezoned R-2 is located on the north side of the mid-section line and
would be developed with the adjacent existing R-2 zoned land. In addition, the developer desires the
zone change to R-1 and R-2 because these zones provide greater flexibility in the type of residential
housing product that could be developed than in the Mobile Home zone.
The Panama-Gosford EIR project description included 230 mobile home units within the 28.81 acres
zoned MH (Mobile Home). The environmental analysis used this number in its evaluation. In order to
remain within the parameters of the environmental analysis of the EIR, staff recommends limiting the
number of dwelling units for the proposed R-2 portion (26.41 acres) to 210 dwelling units. The density on
March 14, 2006, 1:26PM
Jeng I S:\Danaladmin\2006\Mar\3-22-1686.doc
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ADMINISTRATIVE REPORT
the area proposed to be zoned R-1 will be limited by the 6,000 square foot minimum lot size and it would
be improbable to exceed 20 single family residential units on the 2.4 acres (Condition No. 39).
The zone change request is consistent with General Plan designation of LMR. General Plan Amendment
04-0057 (Panama-Gosford EIR) and an Environmental Impact Report was certified on September 28,
2005, In accordance with CEQA Section 15162, no further environmental documentation is necessary
because no substantial changes to the original project are proposed, there are no substantial changes in
circumstances under which the project will be undertaken and no new environmental impacts have been
identified. All mitigation measures and conditions of approval from GPA 04-0057 have been included in
attached Exhibit "A". The Gosford-Panama EIR is on file in the Planning Department.
March 14, 2006, 1:26PM
Jeng I S:\Dana\admin\2006\Marl3-22-1686.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Consent Calendar
ITEM: l:l.e.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEy;fJ;n4
FROM:
Stanley C. Grady, Development Services Dir.
DATE:
March 7, 2006
CITY MANAGER
Av
.
SUBJECT: Adoption of an ordinance approving a negative declaration and amending
Section 17.06.020 (Zone Map No. 123-36) of Title Seventeen of the Bakersfield
Municipal Code by changing the zoning from A (Agriculture) to C-2 (Regional
Commercial) on 16.71 acres; located north of State Highway 119 and west of
State Highway 99 (ZC 05-0493 - Moreland Consulting representing East West
Developers) (Ward 7).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on March 8, 2006.
On February 2, 2006, the Planning Commission held a public hearing and recommended approval of
this zone change to bring the site into consistency with the General Plan designation of the property.
The project is proposed to rezone the subject site from A (Agriculture) to C-2 (Regional
Commercial) on 16.71 acres and to bring the property into consistency with the General Plan.
The site is currently undeveloped. The site is proposed for highway commercial uses.
The City is processing Annexation Application No. 488/McKee #5 to bring this approximately
16.71 ± acre area into the City limits. The annexation is expected to be completed in the summer
of 2006.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
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
CEOA. Mitigation measures included in the conditions of approval reduce the impacts to
cultural resources to less than significant. No other significant impacts were identified.
Ip\admin\3-22-0493 2nd
--,._._---+-_._--~...,.-
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: ;J,..f.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD y:gk SG
March 9, 2006 CITY ATTORNEY VC
CITY MANAGER h( /
SUBJECT: Adoption of an ordinance approving a negative declaration and amending
Section 17.06.020 (Zone Map No. 101-1/ ) ofTitle Seventeen of the Bakersfield
Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family
Dwelling) on 40± acres and from A (Agriculture) to R-2 (Limited Multiple Family
Dwelling) on 20± acres; (ZC 05-0725 - Porter-Robertson Engineering
representing Kevin Pasco et.al.) (Ward 7 upon annexation).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on March 8, 2006.
On January 5, 2006, the Planning Commission held a pUblic hearing and recommended approval of
this zone change to bring the site into consistency with the General Plan designation of the property.
The project is a proposed zone change from A (Agriculture) to R-1 (One Family Dwelling) on 40±
acres and from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 20± acres and to
bring the property into consistency with the General Plan. The site is currently undeveloped.
The site is proposed for development of single family residential uses upon annexation into the
city.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. A negative declaration was prepared in accordance with
CEQA. Mitigation measures included in the conditions of approvai reduce the impacts to
cultural resources to less than significant. No other significant impacts were identified.
Lpladmin3-22-0725
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;:).,. GI.
II
TO:
FROM:
Honorable Mayor and City Council
APPROVED
CITY ATTORNEY
CITY MANAGER
7fv'
¡9;n{
(Jc/
DATE:
Stanley C. Grady, Development Services Dir.
March 7, 2006
DEPARTMENT HEAD
SUBJECT: Adoption of an ordinance approving 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-1 (One Family Dwelling) zone to a C-2 ! PCD (Regional
Commercial! Planned Commercial Development) zone on 15.9 +!- acres generally located
at the southwest corner of State Route 178 and Morning Drive. (Mcintosh & Associates
representing Sterling Oaks East, LLC, File # 05-1381). (Ward 3).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on March 8, 2006.
The proposed zone change from an R-1 (One Family Dwelling) zone to a C-2/PCD (C-2 (Regional
Commercial! Planned Commercial Development) zone on 15.9+/- acres for purposes of commercial
development located on the southwest corner of State Route178 and Morning Drive (future). The
applicant requests the zone change so that the zone on the subject property is consistent with the General
Commercial (GC) designation on the General Plan.
On January 19, 2006, the Planning Commission recommended approval of the zone change. No one
spoke on this project at the Planning Commission hearing.
The proposed C-2/PCD zone will require the developer to submit site plan and elevations for Planning
Commission review prior to development of the project site. At the time of Development Plan Review,
issues related to building orientation, architectural elevations, parking, landscaping, walls and lighting
would be addressed.
The project site is bordered by State Route 178 on the north and there will be no access allowed directly
from!to SR 178. Morning Drive (future) along the eastern boundary is designated as the future alignment
of State Route 184 and will have very limited access, as determined by Caltrans. Caltrans and the City are
currently preparing plans for an interchange at SR 178 and Morning Drive, which will affect the northeast
portion of the project site. Caltrans submitted comments related to required right-of-way dedications.
Primary access to the project site will be from the west and south as these adjacent properties develop.
March 7, 2006. 9:03AM
Jang! S:\Danaladmin\2006IMar\3-22-1381 2nd.doc
ADMINISTRATIVE REPORT
Based upon an initial environmental assessment, staff has determined the proposed project will not
significantly affect the physical environment or existing residential development in the area, therefore a
Negative Declaration was prepared and the Initial Study is attached as Background Information. In
accordance with CEQA Guidelines, the environmental assessment was submitted to the State
Clearinghouse of a 30-day review which began December 7, 2005 and ended on January 5, 2006 (SCH #
2005121032). Caltrans submitted comments that have been incorporated into the Public Works
conditions.
March 7. 2006, 9:03AM
Jen9 / S:\Oanaladmin\2006\Mar\3-22-1381 2nd. doc
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Consent Calendar
ITEM: IJ. h.
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Dir.
APPROVED
DATE:
March 7, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
v
M7r4
, Ar/
SUBJECT: Adoption of an ordinance approving a negative declaration and amending
Section 17.06.020 (Zone Map No. 101-02) otTitle Seventeen of the Bakersfield
Municipal Code by changing the zoning from A (Agriculture) to E (Estate) on 98t
acres net/101± acres gross; Located at the northeast corner of Snow Road and
Jenkins Road (ZC 05-1685 - SmithTech U.S.A., Inc. representing Brian Rice
Construction) (Ward 7).
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on March 8, 2006.
On February 2, 2006, the Planning Commission held a public hearing and recommended approval of
this zone change to bring the site into consistency with the General Plan designation of the property.
The project is proposed to rezone the subject site from A (Agriculture) to E (Estate) on 98t acres
net/101± gross acres and to bring the property into consistency with the General Plan. The site
is currently undeveloped. The site is proposed for suburban residential uses.
The applicant's representative spoke at the Planning Commission meeting. No one spoke in
opposition to the project.
Staff conducted an initial study and it was determined that the project would not have a
significant effect on the environment. A negative declaration was prepared in accordance with
CEQA. Mitigation measures included in the conditions of approval reduce the impacts to
cultural resources to less than significant. No other significant impacts were identified.
Ip\admin\3-22-1685
.- ._.._.~ -- --~. -_._._-~_..__._._--_-..------"----"-.
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;l,¡.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
A~VED
DEPARTMENT HEAD /1
CITY ATTORNEY~1-"'~ frv J.5
CITY MANAGER tAe /
March 2, 2006
SUBJECT: Sewer Connection Fee Assessments for 5205 Debby Street (Ward 7):
1. Resolution confirming assessments for sewer connection fees and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Lupe F. & Teressa A. Acosta to pay sewer connection fee in
installments and notice of special assessment lien.
RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement.
BACKGROUND: The owners of properties at 5205 Debby Street have connected their properties to the
City sewer system. They have claimed that to pay the sewer connection fee in one payment would
produce an economic hardship. To assist in paying the connection fee the City has contracted with the
property owner to spread the connection fee over a three (3) year period to be collected with their property
taxes in accordance with Municipal Code Section 14.12.390.B. This resolution authorizes the Kern
County Tax Collector to collect the connection fee in three equal payments over the next three years.
jas
March 14, 2006, 3:51PM
G:\G ROUPDA T\ADMINRPT\2006\03-22\5205DebbySt.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: ¡do. i .
u
TO:
Honorable Mayor and City Council
FROM:
DATE:
APPROVED
~
It/
I
Resolution Setting Salary and Related Benefits for Officers and Employees of the General
Supervisory, Police and Management Units of the City of Bakersfield
DEPARTMENT HEAD
Alan Christensen, Assistant City Manager
March 8, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT:
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The City's Management and Supervisory workers have concluded discussions regarding salary and
benefits. The managers and supervisors have approached discussions cooperatively and understand the
liabilities the city faces with regard to retiree health and pension obligations. Staff would like to
acknowledge their efforts to help us achieve the financial savings that the City needs. The following is a
summary of significant items that are recommended for approval.
1. Three year agreement from January 1, 2005 to December 31, 2007.
2. Salary increases of 3% effective January 1, 2006, and 4% effective January 1, 2007.
3. The current subsidy for retiree medical health care premiums will be eliminated for all
management and supervisory employees hired after approval of the resolution.
4. Supervisory employees hired after approval of this resolution are to pay full employee
retirement contributions for the first five years of employment.
5. Increase automobile allowance for department heads and City Council from $100 per week to
$120 per week. Managers eligible for car allowance would receive 25% of the department
head rate, as is the current practice. The automobile allowance has not been adjusted since
1999. The increase is less than the cumulative rate of inflation for vehicle gasoline and
maintenance over that time.
6. Some groups of individuals receive a matching deferred compensation benefit. To reduce
perceived inequity we recommend converting the match percentage into salary for those
employees to create a more uniform benefit program.
March 9. 2006, 2:56PM
S:\Admin Rpts\2006\mgt-superv salary resolution 3-22-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: I d. .\<..
TO:
FROM:
DATE:
Honorable Mayor and City Council
William Rector, Chief of Police
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
"'Í/~
t/~
ftf/
March 14, 2006
SUBJECT: Resolution Approving the Sale of Surplus Property, Police Batons, to the
United States Army
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
In September, 2005, the City Council authorized the sale of surplus police equipment to the United States
Army for use by the Iraqi police. The equipment consisted of belts, riot helmets, holsters, etc. Wasco
State Prison recently upgraded the batons used by its guards and, therefore, were left with 395 surplus
batons (385 side-handled and 10 straight-handled). Wasco State Prison desires that the batons be made
available to the Iraqi pOlice and have donated them to the Bakersfield Police Department for that purpose.
The prison does not have a mechanism in place to surplus these items directly to the federal government.
However, they can transfer them to the City of Bakersfield. The Wasco Prison Administration wishes to
use this method to transfer these items for use in Iraq.
Bakersfield Municipal Code section 3.20.120 authorizes the Finance Director to sell surplus property in
any manner approved by the City Council. United States Army representatives have requested the City
sell this surplus equipment to the Army for use by Iraqi police. The Bakersfield Police Department and the
Finance Director desire to sell all the surplus equipment listed above to the United States Army for One
Dollar ($1.00).
P:\RPT\AdminsIWasco State Prison Suplus Equipment fOf Iraq 3-06_doc
March 14, 2006 - 1 :50 PM
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Consent Calendar
ITEM: I,}.l,
TO:
Honorable Mayor and City Council
CITY MANAGER
71::-
ÇKl
ttú
FROM:
William R. Rector, Chief of Police
DEPARTMENT HEAD
DATE:
March 10, 2006
CITY ATTORNEY
SUBJECT: Resolution authorizing the Bakersfield Police Department to apply for the Edward
Byrne Memorial Justice Assistance Grant ($75,605.00) from the U.S. Department of Justice.
RECOMMENDATION:
Staff recommends adoption of the proposed Resolution.
BACKGROUND:
Since 1996 the City of Bakersfield Police Department has applied to and received grant funding
from the U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program.
Funding from the L.L.E.B.G. Program helped the City underwrite various projects to reduce crime
and improve public safety. Due to federal budget adjustments, the L.L.E.B.G. Program has been
eliminated and rolled into the Edward Byrne Memorial Justice Assistance Grant.
"Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial
Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a
broad range of activities to prevent and control crime based on their own local needs and
conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant
(L.L.E.B.G.) Programs to provide agencies with the flexibility to prioritize and place justice funds
where they are needed most.. .JAG funds can be used for state and local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information
systems for criminal justice for .....Iaw enforcement programs."
The City of Bakersfield is eligible for a JAG award in the amount of $75,605.00. The Police
Department wishes to designate this grant toward the purchase of a new color copier/printer for
the Crime Lab. The current copier is more than six years old and is in need of replacement. The
copier is used by all three divisions in the department, especially Investigations for crime scene
photographs and missing/wanted persons bUlletins. Crime Prevention regularly utilizes the copier
to print posters for their various programs. Using grant funds to purchase a new color copier is
more prudent than the expenditure of general fund dollars or the option of contracting with an
outside vendor.
IlcitynaslhomedirsldbransonlBPDIADMIN RPTSIADMIN RPTS FY 05-06IADMIN RPT - 2006-07 BRYNE-JAG APPLlCATION.doc March 9. 2006,
3:15PM
._..."_."._-_..-.,--_..._...._,-~~.__... ......-------...--.-.-
ADMINISTRATIVE REPORT
Grants from the J.A. G. Program have a term of four years and do not require any match from the
City. Prior to submitting the application to the Department of Justice, the Bakersfield Police
Department must comply with a number of grant conditions including the requirement that the
grant application be reviewed by "the governing body of the unit of local government." This
agenda item fulfills this requirement.
\\citynaslhomedirs\dbranson\BPDIADMIN RPTSIADMIN RPTS FY 05-06\ADMIN RPT - 2006-07 BRYNE-JAG APPlICATION.doc March 9, 2006,
3:15PM
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1J,.m.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
DEPARTMENT HEAD 5fr-
CITY ATTORNEY ¡J¡r¡¡¡
CITY MANAGER ftrJ
.
February 28, 2006
SUBJECT: Adoption of a resolution approving an application for annexation of uninhabited
territory to the City of Bakersfield property identified as Annexation No. 511 located at
the northeast corner of McCutchen Road and Buena Vista Road. (Ward 5).
RECOMMENDATION:
Staff recommends adoption of a resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory
to the City of Bakersfield. The proposed annexation is identified as Annexation No. 511
containing 78.83 gross acres of land. The annexation area is adjacent to the City limits
and is within the City's Sphere of Influence boundary.
The property owner has consented to annexation. The proposal is to annex the land for
development purposes and receive city services.
The exchange of property tax revenues for this annexation will be covered under the
master tax split agreement (Memorandum of Understanding 95-244) between the City of
Bakersfield and County of Kern. The basis for this determination is that this annexation is
covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential
Development."
Mo\admin\3-22-511 ann
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~. n.
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD ~:t
CITY ATTORNEY IìD FoIZ /?ffIS-
DATE:
March 10, 2006
CITY MANAGER
t(}v
SUBJECT: Resolution ordering change of proceedings to reduce assessments for parcels located
in City of Bakersfield Assessment District 05-3 (Liberty IlNillage Green/Tesoro-
Encanto/Lin/Rider/Diamond Ridge). (Wards 3 & 4)
RECOMMENDATION:
Staff recommends adopting resolution.
BACKGROUND:
On August 17, 2005 council approved the resolution of intention No. 1398 for the formation of
Assessment District 05-3 (Liberty IlNillage Green/Tesoro-Encanto/Lin/Rider/Diamond Ridge).
On November 9, 2005, Council adopted Resolution No. 294-05 which levied assessments in the
amount of $8,705,000. The actual amount of bonds issued for the district was $9,045,000 ($340,000
less than originally estimated). Savings resulted from favorable bond interest rates and timing
adjustments associated with the bond issuance process.
This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount for
the various parcels within the assessment district, as detailed in Exhibit A to this resolution. The
amended levy amounts are lower than the original levy amounts and they more accurately reflect the
actual amount of unpaid principal bonds outstanding.
---....---. .._--_._-~~,. .--.- --,,-~._._..~ -- "-------_._---
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: líi.. o·
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD Ø(
---
CITY ATTORNEY JJ1;6/
CITY MANAGER fk /
SUBJECT: Resolution establishing Traffic Signal Maintenance District TS-13, (Panama and Stine
Shopping Center) confirming the assessments, approving Public Works Director's Report
and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6)
FROM:
Raul M. Rojas, Public Works Director
DATE:
March 9, 2006
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1435 to establish
Traffic Signal Maintenance District No. TS-13 (Panama and Stine Shopping Center) for the operation and
maintenance of one (1) traffic signal on Panama Lane at approximately 500 feet west of Stine Road at the
entrance to the Panama and Stine Shopping Center. Staff recommends the formation of Traffic Signal
Maintenance District No. TS-13, (Panama and Stine Shopping Center), generally bounded by Seasons
Drive on the north, Stine Road on the east, Farmers Canal on the west and Panama Lane on the south.
On September 28,1994 the City Council approved Resolution 161-94, which provides for the collection of
maintenance and operating costs for future "convenience" traffic signals through maintenance districts.
The proposed traffic signal is considered a convenience traffic signal since it is not required by the Traffic
Authority to regulate traffic flow, but is installed solely for the benefit of the adjacent parcels. This
maintenance district will be a separate district and will not be merged into the Consolidated Maintenance
District.
The City of Bakersfield has received a letter and Proposition 218 Ballot from the owner of the parcels
within the propose district which waives the public hearing concerning formation of the maintenance
district. This allows the City to expedite the formation of the district.
In order to provide future owners with disclosure regarding the proposed maintenance district a covenant
has been drafted and will be supplied to the owner to be recorded with the Parcel Map. An example copy
of this covenant is attached for reference.
mr
TS-13REst05-06.dot
-_. ....--.. --- --."--. ,-
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: IJ,.D.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ø-
CITY ATTORNEY rBtrz4-
CITY MANAGER ¡A{/
SUBJECT: Resolution adding territory, Area 3-40 (Berkshire, 99 W) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector. (Ward 7)
FROM:
Raul M. Rojas, Public Works Director
DATE:
March 9, 2006
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1403 to add
territory, Area 3-40 (Berkshire, 99 W), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a park and street landscaping for Tentative Tract Nos. 6462 and 6367. Area 3-40 is
generally bounded by the Arvin-Edison Canal on the north, Highway 99 on the east, a line approximately
1,320 feet south of Berkshire Road on the south and a line approximately 1,300 feet west of Highway 99
on the west. This area will be under the park and streetscape zones of benefit and will be assigned the
appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maxim urn annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD3-40_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: IJ .q.
V
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
úf./l
¡cJ;fC¡
W/
DATE:
March 9, 2006
SUBJECT: Resolution adding territory, Area 3-46 (Panama, Mountain Ridge SE) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 6)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1437 to add
territory, Area 3-46 (Panama, Mountain Ridge SE), to the Consolidated Maintenance District as required
by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will
provide for the maintenance of a park and street landscaping for Tentative Tract Nos. 6478, 6553 and
6557. Area 3-46 is generally bounded by the Panama Lane on the north, Stine Road on the east, a line
approximately 4,000 feet south of Panama Lane on the south and a line approximately 2,640 feet west of
Stine Road on the west. This area will be under the park and streetscape zones of benefit and will be
assigned the appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of 'and in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit,
covenants have been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision maps.
mr
M03-46_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: \1.(".
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ,,/fI...
CITY ATTORNEY /"Jm.d
CITY MANAGER R-e/
SUBJECT: Resolution adding territory, Area 4-49 (Donaldo, Casa Club SW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 3)
FROM:
Raul M. Rojas, Public Works Director
DATE:
March 9, 2006
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1438 to add
territory, Area 4-49 (Donaldo, Casa Club SW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tract Map No. 6736. Area 4-49 is generally
bounded by Casa Club Drive on the north, Donaldo Street on the east, a line approximately 1,300 feet
south of Casa Club Drive on the south, and a line approximately 600 feet west of Donaldo Street on the
west. This area will be under the park and streetscape zones of benefit and will be assigned the
appropriate tier levels when a park and street landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD4-49_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~. 5.
APPROVED
DEPARTMENT HEAD Ø2
CITY ATTORNEY ¡};JU
CITY MANAGER_t4ú
SUBJECT: Resolution adding territory, Area 4-50 (3rd, "V" NE) to the Consolidated Maintenance District
and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector. (Ward 1)
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DATE:
March 9, 2006
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1439 to add
territory, Area 4-50 (3rd, "V" NE), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a park and street landscaping for Tract Map No. 6657. Area 4-50 is generally bounded by
a line approximately 480 feet north of 3rd Street on the north, a line approximately 295 feet east of "V"
Street on the east, 3'd Street on the south, and "V" Street on the west. This area will be under the park
and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street
landscaping have been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD4-50_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;1. 1".
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD ø L
CITY ATTORNEY íJJr1A-
DATE:
March 9, 2006
CITY MANAGER
t/tf /
SUBJECT: Resolution adding territory, Area 4-51 (Valley, Paladino NW) to the Consolidated
Maintenance District and confirming the assessments, approving the Public Works
Director's Report and authorizing collection of assessments by the Kern County Tax
Collector. (Ward 3)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1440 to add
territory, Area 4-51 (Valley, Paladino NW), to the Consolidated Maintenance District as required by
Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide
for the maintenance of a park and street landscaping for Tract Map No. 6622. Area 4-51 is generally
bounded by Belia Drive on the north, Valley Lane on the east, Paladino Drive on the south, and Queen
Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned
the appropriate tier levels when a park and street landscaping have been instalied.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfieid has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
subdivision map.
mr
MD4-51_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: Id-..l-\..
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ¿1fl.
CITY ATTORNEY /dM
CITY MANAGER jlte/
SUBJECT: Resolution adding territory, Area 1-65 (Real, Chester NE) to the Consolidated Maintenance
District and confirming the assessments, approving the Public Works Director's Report and
authorizing collection of assessments by the Kern County Tax Collector. (Ward 2)
Raul M. Rojas, Public Works Director
DATE:
March 9, 2006
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On March 8, 2006 the Council adopted Resolution of Intention No. 1441 to add
territory, Area 1-65 (Real, Chester NE), to the Consolidated Maintenance District as required by Section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of street landscaping for Parcel Map Waiver No. 05-1226. Area 1-65 is generally bounded
by a line approximately 500 feet north of Chester Lane on the north, Highway 99 on the east, Chester
Lane on the south and Real Road on the west. This area will be under the streetscape zone of benefit
and will be assigned the appropriate tier level when street landscaping has been installed.
The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the
parcel map waiver.
mr
MD1-65_Est.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~.I/.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
It
f+v
March 7, 2006
SUBJECT: Resolution of Intention No. 1442 to establish Traffic Signal Maintenance District TS-14,
(Ming, South Allen SE) preliminarily adopting, confirming and approving Public Works
Director's Report. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the property owner of Lot
30 described in Tract No. 6086 to form a traffic signal maintenance district for the operation and
maintenance of one (1) traffic signal on Ming Avenue at approximately 700 feet east of South Allen Road
at the entrance to his proposed development. Staff recommends the formation of Maintenance District
No. TS-14 (Ming, South Allen SE), generally bounded by Ming Avenue on the north, the Kern River Canal
on the southeast and South Allen Road on the west.
On September 28,1994 the City Council approved Resolution 161-94, which provides for the collection of
maintenance and operating costs for future "convenience" traffic signals through traffic signal maintenance
districts. The proposed traffic signal is considered a convenience traffic signal since it is not required by
the Traffic Authority to regulate traffic flow, but is installed solely for the benefit of the adjacent parcel.
This maintenance district will be a separate district and will not be merged into the Consolidated
Maintenance District.
The City of Bakersfield has received a letter and Proposition 218 Ballot from the owner of the property
described above which waives all hearings required by the Brown Act and Chapter 13.04 of the
Bakersfield Municipal Code. This allows the City to expedite the formation of the district.
In order to provide future owners with disclosure regarding the proposed maintenance district a covenant
has been drafted and will be supplied to the owner to be recorded with the Certificate of Compliance. An
example copy of this covenant is attached for reference.
de
March 7. 2006. 10:07AM
TS-14RoL05-06.dot
----_.._._-_...__._---~._.._.------
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: I;} .w.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~~
CITY ATTORNEY~ ir3fiZ4
~
CITY MANAGER
FROM:
Raul M. Rojas, Public Works Director
DATE:
March 7, 2006
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreements with Lennar Homes Of California, Inc., for Tract
6184 Unit 4 located south of Snow Road and east of Jewetta Avenue. (Ward 4)
(2) Final Map and Improvement Agreement with Housing Authority Of Kern County for Tract
6209 Phase 1, located south of Fairview Road and east of Monitor Street. (Ward 1)
(3) Improvement Agreement with Palms Bakersfield Limited, LLC for Parcel Map 11220,
located south of Panama Lane and east of Stine Road. (Ward 7)
(4) Final Map with ADH Corporation for Tract 6232 Phase 5 located south of Zephyr Lane and
west of South Sterling Road. (Ward 1)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE FILED IN THE CITY CLERK'S OFFICE
FOR REVæW.
March 9. 2006. t 1 :17AM
G:IGROUPDA1iADMINRPT\2006103·22IMAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Consent Calendar
ITEM: \a.x.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD y:fj..p;.. s: C,
CITY ATTORNEY ¡íJJJ1A
CITY MANAGER ¡M
SUBJECT: Amendments to agreements and appropriation of funds regarding the Off Highway Motor
Vehicle Recreation Project:
FROM:
Stanley C. Grady, Development Services Director
DATE:
March 8, 2006
1. Amendment No. 1 to Agreement No. 04-323 with Michael Brandman and Associates for
$197,950 for preparation of an Environmental Impact Report.
2. Amendment NO.2 to Agreement No. 04-102 with the State of California Department of
Parks and Recreation to increase the amount of the grant by $197,950.
3. Appropriate $197,950. State Grant Funds to the Off Highway Vehicle Park Capital
Improvement Budget within the Recreation Facilities Fund for securing approval of an
Off Highway Vehicle Park.
RECOMMENDATION:
Staff recommends approval of amendments to the agreements and appropriation of funds.
BACKGROUND:
These amendments to the agreements are necessary as the Off Highway Vehicle Park site
(11,000 acres) is more than 200% larger than originally anticipated. This fact necessitates more
environmental work than the original bid covered. The State of California Department of Parks and
Recreation has agreed with this action. This project is now anticipated to be heard by the Board of
Supervisors in September 2006. The draft Environmental Impact Report should be out for a 45
day review in June 2006.
The original agreement with Michael Brandman and Associates, for environmental work, was
entered into on November 3, 2004 in the amount of $315,090. With this amendment, the total
contract amount is $513,040.
On April 14, 2004 the City Council adopted a resolution to receive $500,000 in state funds for
preliminary work necessary to site a new Off Highway Vehicle Park. These funds are from two
state sources, $98,000 from the Off Highway Motor Vehicle Recreation Division and $402,000 from
the Department of Parks and Recreation. On December 15, 2005 the grant with the Department of
Parks and Recreation was amended by $10,668 for the completion of survey work. With this
amendment the total grant amount is $708,618.
ADMINISTRATIVE REPORT
Page 2
This project is the result of considerable local interest in replacing areas in northeast Bakersfield
historically used for off-road riding. To date an Off Highway Vehicle Park has been optioned, a
park designed, environmental studies are underway and a stake-holder group meets monthly to
provide direction for the project.
Public access to the site from Round Mountain Road remains unresolved but staff is working
diligently to address this issue. There have been no new Off Highway Vehicle Parks created in the
State of California in more than 25 years.
mgladmin\3-22-ohv
MADs -P:\OVHP COF Grant Admin Amend No 2.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Consent Calendar
ITEM: I ~. V.
I
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
DEPARTMENTHEAD~
CITY ATTORNEY ßJnJ
March 10, 2006
CITY MANAGER
fk/
,
SUBJECT: Amendment NO.1 to Agreement No. 05-185 with Alon Asphalt Bakersfield, Inc.
($450,000.00, revised not to exceed $900,000.00 and extending term for one (1) year) for
asphalt rejuvenator/sealant. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On May 11, 2005, Council awarded the annual contract for asphalt rejuvenator/sealant
to Alon Asphalt Bakersfield, Inc. The Agreement allows for a one (1) year extension if all parties agree.
City staff and Alon Asphalt Bakersfield, Inc. agree to the extension of Agreement under the same terms
and conditions. Extending the Agreement allows the City to continue working with a good provider and
saves staff time and efforts required if this item were to be rebid.
Purchasing Division
DW
S:\PURCH\ADMIN\Amendment #1 to Agreement No. 05-185, Alon Asphalt Bakersfield, Inc., AC Asphalt Rejuvenator Sealant, March 22, 2006.doc
March 14. 2006, 1 :32PM
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: IJ.z..
TO:
FROM:
Honorable Mayor and City Council
Alan Christensen, Assistant City Manager
DATE:
March 10, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~OVED
V&
f1(1
SUBJECT: Amendment No. 2 to Agreement No. 00-95 with William Avery & Associates, Inc. for
Negotiation and Consultation Services in the Employer-Employee Relations in an amount
not to exceed $41,200 per year.
RECOMMENDATION:
Staff recommends approval of the amendment.
BACKGROUND:
On March 13, 2000, the City Council approved Mr. Avery's consulting agreement for a three-year period
ending March, 2003. On February 22, 2003, Council amended the agreement to extend the term another
three years. Mr. Avery has had a long history with the City (almost 23 years) providing consultation in
labor negotiations and ongoing labor relations issues. Mr. Avery has been very successful in building
positive working relationships between employee labor groups, staff and Council. He also has a unique
understanding of the City's labor relations history and knowledge of past labor practices. This amendment
extends the term of the agreement for one year. The monthly fees of $2,600 per month will remain
unchanged. We have capped his reimbursable travel and lodging fees at $10,000, as we continue
contract negotiations with Police and Fire. Mr. Avery has not had an increase in his monthly fees for three
years, and this amendment would fix his rates at this level for another year.
March 1o, 2006, 11 :56AM
S:\Admin Rpts\2006\Avery amd 032206.doc
AC:al
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: I;¡'.o.o.-.
TO:
FROM:
Honorable Mayor and City Council
DATE:
APPROVED
DEPARTMENT HEAD ~_
CITY ATTORNE¿_
CITY MANAGER /V{/
Contract Change Order No. 6 to Agreement No. 04-339 with S.C. Anderson Inc.,
($30,587.52 decrease; for a revised not to exceed compensation amount of
$5,665,021.28), for the Park at River Walk, Site Improvement Contract (Ward 4).
Raul M. Rojas, Public Works Director
March 2, 2006
SUBJECT:
RECOMMENDATION: Staff recommends approval of Contract Change Order.
BACKGROUND: Construction of the Park at River Walk, Site Improvement Contract, was awarded to
SC Anderson, Inc., at the November 17, 2004 Council meeting. The awarded contract amount was
$5,646,000. This is the fifth contract change order to be submitted for the project.
The turf area shown on the plans around the creek bed needs to be deleted in order to provide for future
maintenance of the creek bed. This change will result in a credit of $7,923.67.
The stonework on the bridge and the concrete cap for the stonework was deleted because it did not match
the surrounding landscape elements. This change will result in a credit of $5,305.28.
The shrubs for this project are unavailable in the specified 5 gallon size; however, these plant materials
are available in a 1 gallon size. The contractor has agreed to provide a credit in the amount of $2,570.79
for the reduction in plant sizing.
The contractor has agreed to rescind the charges for additional days granted on Contract Change Order
NO.1 in consideration for extending the contract time. This change will result in a credit of $14,787.78.
This change order will decrease the Site Improvement project total by ($30,587.52). The change orders to
date on this project reflect a net increase of $19,021.28 (which is an increase of 0.34% of the original
contract amount) as illustrated below:
.
Original Contract Amount
Amended Contract Agreement after Change Order
Net Increase
=
$5,646,000.00
$5,665,021.28
$ 19,021.28
.
=
=
Sufficient funds are budgeted to cover this contract change order.
Rick M@Construction
3/212006 1:08:27 PM
G:\GRQUPDAT\ADMINRPTì2006\03-22\32 Acre Park Site Conlracl- ceo 6.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;)..'cb.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
February 28, 2006
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY r?L
CITY MANAGER 4ú
SUBJECT: Contract Change Order NO.1 to Agreement No. 05-284 with HPS Mechanical ($12,869.29
for a revised not to exceed award of $613,396.29) for the Construction of Pipeline to City
Water Facility at Norris Road
RECOMMENDATION:
Staff recommends approval of the Contract Change Order.
BACKGROUND:
In July, 2005, City Council approved the bid and awarded Contract No. 05-284 to HPS Mechanical to
install 3,108 feet of 36" diameter underground pipeline to convey raw water to City's water facility at Norris
Road.
Due to unforeseen existing conditions the pipeline needed to be raised at the tie in point at Coffee and
Snow Roads, requiring a reinforced concrete field collar connection and some additional footage of pipe. It
was also necessary to increase the diameter of the access manholes in order to facilitate future
maintenance of the air valves This contract change order is to modify the 30" waterline tie-in to the
existing 4 ditch pipeline at Coffee and Snow Roads.
This is the first Contract Change Order submitted for this project. This change order will increase the
project total by $12,869.29.
Original Contract Amount
Amended Contract Amount and Change Order
Net Increase
=
$600,527.00
$613,396.29
$ 12,869.29
=
=
JS:js
March 2, 2006, 10:26AM
S:\2006 ADMIN REPORTSIMar22CC01 HPS4ditchl-208.doc
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: lól,c.C..
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
CITY MANAGER
DEPARTMENT HEAD
DATE:
March 10, 2006
CITY ATTORNEY
SUBJECT: Accept bid to award the Annual Contract for Canal Liner Repair to Jim Alfter Cement
Contractor, Bakersfield, in the not to exceed budgeted amount of $200,000.00.
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to five (5) contractors for the Annual Contract for Canal Liner
Repair. Jim Alfter Cement Contractor, Bakersfield, submitted the sole bid.
Staff finds the bid to be acceptable and recommends award of the bid to Jim Alfter Cement Contractor,
Bakersfield.
Purchasing Division
DW
S:\PURCH\ADMIN\AC Canal Liner Repair, Jim AJfter Cement Contractor, March 22, 2006.doc
3/10/2006
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.1.dd.
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
.,A/5
~e'
DATE:
March 9, 2006
SUBJECT: Reject all bids for decorative bollards for the Chester Avenue Streetscape Project.
(Ward 2)
RECOMMENDATION: Staff recommends rejection of all bids.
BACKGROUND: Invitations to bid were sent to twelve (12) suppliers for decorative bollards for the
Chester Avenue Streetscape Project. Three (3) bids were received in response to solicitation and are as
follows:
BIDDER
AMOUNT
$59,234.18
Stewart Electric
Bakersfield, CA
Graybar Electric
Bakersfield, CA
$59,904.40
California Electric Supply
Bakersfield, CA
$60,216.16
All bids exceed the budget allowance. Staff is investigating alternate products and will clarify the bid
documents and re-advertise for bids.
Purchasing Division
DW
S:\PURCH\ADMIN\Reject Bids - Decorative Sollards for the Chester Ave. Streetscape Project, ITS 05-06-20, March 22, 2006.doc
March 9, 2006
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: Id-. ee..
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY 9d
CITY MANAGER
DATE:
March 9, 2006
SUBJECT: Extend Bid from Jim Burke Ford, $74,508.49 for One (1) Additional Aerial Lift Truck for the
Recreation and Parks Department. (Citywide)
RECOMMENDATION: Staff recommends extension of bid.
BACKGROUND: At the Council meeting of March 8, 2006, Jim Burke Ford was awarded the bid for the
purchase of two (2) aerial lift trucks. The specifications included a provision whereby, with the written
approval of both the bidder and the City, the City may purchase additional units at the same per unit cost
within one year after acceptance of the original bid. Jim Burke Ford has indicated their approval of
extending the same per unit cost for this purchase.
Funds for the purchase are in the FY 2005-2006 adopted budget. The equipment will be used by the
Recreation and Parks Department.
Purchasing Division
ow
S:\PURCH\AOMIN\Aerial Lift Truck, Extension of Bid 05-06-07, March 22. 2006.doc
March 9. 2006
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Consent Calendar
ITEM: 1;1.+f.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD /1/:<7
CITY ATTORNEY 7::!:-
CITY MANAGER A'/
.
FROM:
Nelson K. Smith, Finance Director
DATE:
March 8, 2006
SUBJECT: Purchase One (1) Additional Water Truck for the Solid Waste Division.
1. Accept bid from Gibbs International in the amount of $132,331.82 for One (1) Additional
Water Truck for the Solid Waste Division.
2. Appropriate and transfer $28,332 Refuse Fund Balance to the Public Works Operating
Budget within the Equipment Maintenance Fund.
RECOMMENDATION: Staff recommends acceptance of bid and approval of appropriation.
BACKGROUND: Invitations to Bid for one (1) water truck were sent to forty (40) suppliers. Two (2) bids
were received in response to solicitation and are as follows:
BIDDER
AMOUNT
$132,331.82
Gibbs International
Bakersfield, CA
Bakersfield Truck Center
Bakersfield, CA
$133,133.66
Staff finds the low bid to be acceptabie and recommends award of the bid to Gibbs International,
Bakersfield, CA in the amount of $132,331.82. The FY 2005-2006 Adopted Budget has $104,000 for the
purchase of the water truck. An additional $28,332 needs to be appropriated to complete the purchase.
Purchasing Division
DW
S:\PURCH\ADMIN\Water Truck. ITS 05-06-08. March 22,2006.doc
March 8, 2006
.--......--.- --._-- ..---
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: la.c,OI.
\..JU
TO:
Honorable Mayor and City Council
APPROVED
FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD $v-
DATE: March 14,2006 CITY ATTORNEY IJ è ¡:::;v Vú--
/ i.
CITY MANAGER W
SUBJECT: Appropriate $1,000 developer's contribution to the General Fund in the Development
Services budget for peer review of the Geologic Hazards Report for Vesting Tentative
Tract 6137 located on the west side of Alfred Harrell Highway, and the north side of
Paladino Drive. (Developer: S & S Homes / Engineer: New Vision Engineering) Ward 3.
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
In cases where a seismic special study is conducted, state law requires that the report be
subject to peer review and that the applicant pay for the review. The peer review meets the
criteria for a Department Services contract because it is under $10,000. A Department
contract for $1 ,000 with BSK Associates has been processed for the review.
Vesting Tentative Tract 6137 consists of 316 lots on 343 acres for single family residential
development. The project site is located on the west side of Alfred Harrell Highway, and the
north side of Paladino Drive. The tract map was approved in early 2003. The review of the
seismic special study is part of the tract processing and required by State law.
Md
Admim\3-22-6137
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: la.hh.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD Str-·
CITY ATTORNEy¡¡l4~ 1f6-
CITY MANAGER
.
Stanley C. Grady, Development Services Director
DATE:
March 14, 2006
SUBJECT: Appropriate $6,183.00 in Strong Motion Instrumentation (SMI) monies to the General Fund
in the Development Services Operating budget to supply electrical service to the disaster
traiier.
RECOMMENDATION:
Staff recommends appropriation of the funds.
BACKGROUND:
Per AB 2358, the City collects funds on behalf of the State of California for seismic safety. Strong
Motion Instrumentation (SMI) funds are collected for each building pern1it and deposited into a trust
account. The State of California provides that for each $100,000 valuation, $21 is collected on
commercial projects and $10 on residential projects. Local jurisdictions forward all but 5% of these
funds to the state quarterly and are allowed to use a portion of the amount they retain for data
utilization, seismic education, and preparing for earthquakes.
The Building Division maintains a disaster response traiier which contains materials and supplies
to be used in the event of an earthquake or other natural disaster or calamity. The trailer resides in
a storage garage, that does not have electricity, located at the police pistol range on Truxtun
Avenue.
These funds will be used to provide electrical service to the garage for lightning and generator
battery maintenance.
MAD
P:\TRUSTACTìSMI TRUSTìLightning Electric Admin.doC
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Consent Calendar
ITEM: \.1, ii.
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
March 8, 2006 CITY ATTORNEY /é?J:J¿d.
CITY MANAGER lAû
SUBJECT: Appropriate $10,000 developer share project costs to the General Fund in the Development
Services operating budget for consulting service for processing SunCal McAllister Ranch
prezoning and environmental documents. (Ward 5 upon annexation)
TO:
FROM:
DATE:
RECOMMENDATION:
Staff recommends appropriation of funds.
BACKGROUND:
LBREP/L-SUNCAL MCALLISTER RANCH LLC is annexing the "McAllister" Ranch project into the City of
Bakersfield. Time constraints necessitate the retention of Northcutt & Associates in order to process this
application.
McAllister Ranch is located in the western Bakersfield Metropolitan area and covers 2,070 acres. The
ranch calls for 9,000 residential units, golf course and more than 250 acres of commercial acreage.
LBREP/L-SUNCAL MCALLISTER RANCH LLC and the City of Bakersfield have signed an annexation
agreement that acknowledges the existing entitlements granted to them previously in the County of Kern.
March 16, 2006, 8:45AM
S:\Danaladmin\2006\Mar\3-22 appro of funds.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: ¡c?. i ¡,
'-\J
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD Cy m ~
CITY ATTORNEY
CITY MANAGER flL/
DATE:
March 14, 2006
SUBJECT: Appropriate and transfer $500,000 General Fund balance to the Capital Improvement
budget within the Capital Outlay Fund for the City's street preventative maintenance
program.
RECOMMENDATION: Staff recommends approval of appropriation and transfer.
BACKGROUND: This is the second administrative report to increase funding for the City's street
preventative maintenance program this fiscal year. At the December 14, 2005 meeting, Council
appropriated an additional $570,000 for street maintenance.
There is a large backlog of City residential streets that are in need of reconstruction. This budget year
our street crews have accelerated their street resurfacing/reconstruction program and also our street
sealing program to tackle this backlog. Currently, $6 million is budgeted for street materials in this
fiscal year. We are monitoring these expenses on a monthly basis and anticipate a funding shortfall
this year end if street crews continue at their current pace. Because several factors, such as weather,
can impact the amount spent for street maintenance, staff is requesting additional funding in phases,
rather than all at once.
Staff will continue to monitor anticipated expenditures for this program and may come back to Council
in the future with additional appropriation requests.
March 14. 2006, 10:49AM PW Streets
G:IGRUPDA nsTREETSIAPPROPRIA TE FUNOSI$1.000.000
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Consent Calendar
ITEM: \,).. KK.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY A HORNEY
CITY MANAGER
APPROVED
.,A/5
¡/C--
r/l¿/
March 10, 2006
SUBJECT: Appropriate $90,000 Equipment Fund Balance to the Finance Department Operating
Budget within the Equipment Management Fund for the replacement of 9 photocopier
machines.
RECOMMENDATION: Staff recommends approval of the appropriation.
BACKGROUND: The City has an internal photocopier program to provide, maintain and replace
approximately 48 departmental photocopier machines citywide. The equipment replacement program and
related maintenance agreements are managed by the Finance department.
The City has historically based copier replacement decisions in relation to excessive maintenance issues
as opposed to simply the age of the equipment. Estimates are made each year regarding the number of
copiers that need replacement due to a high number of service calls and/or continued maintenance
problems with the machine.
At the beginning of this fiscal year, about 25 of the 48 copiers in this program were between 6 and 11
years old. We have replaced five machines so far this year, but due to repeated maintenance issues on
some of the other machines we have an immediate need to replace 9 more in the current fiscal year.
Additional appropriations are necessary to accomplish this task.
Funds are available in the Equipment Management Fund for this purpose.
nks
S:\KimG\Nelson\Admin - add it copiers march 2006.doc
Feb. 24.2006
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: la.l\.
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD DC ~
Dianne Hoover, Director
Recreation and Parks
DATE:
March 10, 2006
CITY ATTORNEY
CITY MANAGER
VCr
I}/
SUBJECT: Various Recreation and Parks Department Appropriations for The Park at River Walk:
1) Appropriate $20,000 contribution from Castle & Cooke, Inc. to the Recreation and
Parks Operating Budget within the General Fund, for the "Bit of Bakersfield" event at
The Park at River Walk/Bright House Networks Amphitheatre, to be held April 28-
30, 2006. (Ward 4)
2) Appropriate $75,000 naming rights advertising revenue from Bright House Networks
per Agreement #05-429 to the Recreation and Parks Operating Budget within the
General Fund, for the "Bit of Bakersfield" event and other activities at The Park at
River Walk/Bright House Networks Amphitheatre. (Ward 4)
RECOMMENDATION:
Staff recommends approval of appropriations.
BACKGROUND:
1) The City of Bakersfield recently received a contribution check from Castle & Cooke, Inc. in the amount
of $20,000. Castle & Cooke specifically requested the funds go toward the opening band at The Park at
River Walk, Bright House Networks Amphitheatre. The Recreation and Parks Department will be holding
the grand-opening event, "Bit of Bakersfield," the weekend of April 28-30, 2006 at The Park at River Walk.
The main events will occur at the Bright House Networks Amphitheatre. The $20,000 contribution will pay
for the Fab Four Band and associated costs such as lighting, sound, etc.
2) Per Agreement #05-429 (approved by Council on 12/14/05), Bright House Networks receives naming
rights of the Amphitheatre located at The Park at River Walk for $375,000 plus $125,000 in advertising
events for a five year period. This equates to payments of $75,000 per year and advertising of $25,000
per year from 2006 to 2010. The City of Bakersfield has received the 2006 payment of $75,000. The
funds will pay for various events at River Walk, including "Bit of Bakersfield," and associated costs.
March 10, 2006, 10:36AM
S:\2006 AdminslC & C Contr_BrightHouse Admin_3-22-06.doc
:rlj
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION:
ITEM: ¡;;'I·mm.
TO:
FROM:
DATE:
Honorable Mayor and City Council
March 9, 2005
CITY ATTORNEY
CITY MANAGER
APPROVED
W~
YG:>
A(/
I
Ron Fraze, Fire Chief
DEPARTMENT HEAD
SUBJECT: Donation of $1 ,750 from the Wal-Mart Foundation to the Bakersfield Fire Department
and appropriation of $1,750 to the General Fund Operating Budget for fire safety education
RECOMMENDATION:
Staff recommends acceptance of donation and appropriation.
BACKGROUND:
The Wal-Mart store located at 2300 White Lane has donated $1,750 to the Bakersfield Fire Department for
the advancement of public fire safety education in the community. This donation will be used to enhance
the department's fire safety and public education process through the purchase of materials and supplies
for fire safety related programs within the community.
kwb
March 15, 2006, 8:53AM
S:\SUSANlAdmin Report Word\Walmart donation.dot
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION: Consent Calendar
ITEM: \J.nn.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
V~
V~
lli(1
March 15, 2006
SUBJECT: Conversion of Vacant Existing Deputy City Attorney I Position to
Two Associate City Attorney Positions
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
On January 25, 2006, the City Council directed the City Attorney to implement a Community
Prosecution Program as an element of the City Attorney's Office. The program will dedicate personnel to
prosecute "quality of life" crimes. In addition, the City Council authorized the conversion of the vacant
Deputy City Attorney II position to two Associate Attorney positions. On February 27, 2006, the Deputy
City Attorney I position was vacated with the retirement of Allen Shaw.
Staff is requesting conversion of the vacant Deputy City Attorney I position to two Associate
Attorney positions. The funds for the Deputy City Attorney I position cover the salary and benefits of two
Associate Attorney positions and enable the best opportunity for success of the Community Prosecution
program.
JS:js
S:\CQUNCIl\AdminsI05-06 Admins\communityprosrev1.doc
March 14, 2006. 4:59PM
ADMINISTRATIVE REPORT
MEETING DATE: March 22, 2006
AGENDA SECTION:
ITEM: lô.a..
Hearings
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY ~
Stanley C. Grady, Development Services Director
DATE:
March 6, 2006
CITY MANAGER
pt/
V
SUBJECT: Public hearing to consider adoption of Resolution making findings and updating the Capital
Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP). Developers pay a $1,240 per acre fee at grading plan approval
stage to compensate for direct and indirect impacts on endangered species habitat from urban
development. The funds are used to purchase and manage habitat consistent with the City's
implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish
and Game. No change in the fee is recommended at this time.
However, at the February 27, 2006 joint City/County meeting, Ted James, Kern County Planning
Director provided a report that with the recent astronomical increases in land prices, it will soon be
necessary to increase the fee. In addition, finding suitable habitat lands to acquire is becoming
more difficult in Kern County because most of the available habitat land has been already acquired
and of the remaining land, the Trust Group is now competing with speculating land investors.
In past years, the Trust Group has been able to acquire land at very good prices. The Group has
not yet purchased much specialty preserve property which is more expensive and urban
conversion of natural lands has been minimal. At this time, increases in State charges can be
absorbed while holding down the fee. However, it is likely a fee increase will be requested in the
future.
The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on
August 25,1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became
operational in August of 1994. The preparation of the MBHCP and the protection afforded by it
was undertaken to provide a means whereby individuals and the development community in the
metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying
with State and Federal Endangered Species Acts. The program received widespread support from
the development community and environmental groups.
ADMINISTRATIVE REPORT
Page 2
The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers
agreement between the City of Bakersfield and Kern County. The trust group is composed of
representatives from the City of Bakersfield and Kern County, and includes advisory members from
the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large
public member.
The MBHCP document and Implementation/Management Agreement describe a capital
improvement plan for utilization of the accompanying mitigation fee. Pursuant to California
Government Code Section 66002, the capital improvement plan must be updated annually by the
City and County. This report provides the basis for the annual update. Staff has determined that
the annual update of the MBHCP Capital Improvement Plan is categorically exempt from the
requirement for preparation of environmental documents pursuant to Section 15308 of the State
CEQA Guidelines.
The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect
of urban growth on Federally and State protected plant and animal species within the 408-square
mile Metropolitan Bakersfield 2010 General Plan area. The Capital Improvement Plan (CIP)
involves the use of mitigation fees to offset the loss of endangered species habitat in the
metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land.
So far over 14,000 acres of endangered species habitat land have been credited to implementation
of the Habitat Conservation Plan. This places us ahead of the "take" as required by Federal and
State law and our agreement. The program has acted to acquire more than 3,100 acres of habitat
mitigation land in 2005.
The overall Habitat Mitigation Fee (HMF) that development applicants must pay has remained at
$1,240 per gross acre since the inception of the MBHCP. In the past year, non-specialty preserve
acquisitions that have been completed are averaging about $475 per acre for the cost of the land.
A portion of the $1,240 fee is required by wildlife agencies for fencing, enhancement and
management of preserve areas. The program is self-supporting and requires no support funds
from the city or county. In past years, the $1,240 per acre fee has allowed the program to operate
adequately. However, it is foreseeable that an increase in the HMF may be necessary to cover
increases in land costs and compensate for those parts of the HMF that are tied to the automatic
raises by the State.
The Capital Improvement Plan has operated successfully in meeting the program's obligations
under the terms of our agreements with the California Department of Fish and Game and the U.S.
Fish and Wildlife Service. It is recommended that no changes in the Capital Improvement Plan are
necessary and that the update should be a confirmation of the present plan. Staff will continue to
monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its
obligations. Staff will also continue to monitor any changes that may take place in the State and
Federal Endangered Species Acts to determine the need to continue the program or to renegotiate
the terms of our incidental take permits from the California Department of Fish and Game and the
U.S. Fish and Wildlife Service.
The Kern County Board of Supervisors conducted a public hearing on this item on December 20,
2005, and approved a similar resolution. The MBHCP and Implementation/Management
Agreement describe the estimated costs of the program and indicate the extent and types of
facilities (land) to be acquired with the funding source and serve as the Capital Improvement Plan
for the MBHCP. Staff is recommending adoption of the resolution updating the Capital
Improvement Plan for the MBHCP.
Jeng\admin\3-22
~.. .__.~-_.,.__._~,-_._... _......_--_.~' ~--~..- -- -'-~ ,._..,...~.,,-
ADMINISTRATIVE REPORT
MEETING DATE: March 22,2006
AGENDA SECTION: Hearings
ITEM: I Ô . b.
TO:
FROM:
Honorable Mayor and City Council
DATE:
March 9, 2006
CITY ATTORNEY
CITY MANAGER
Ilt/
,
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
SUBJECT: Public Hearing to consider a Resolution approving and adopting an adjusted fee for the
development and improvement of parks within the City of Bakersfield (Proposed 5.6%
increase based upon Construction Cost Index) (All Wards).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: In accordance with Section 15.82.060 of the Bakersfield Municipal Code, the following
is the Public Works Director's annual report to the City Council with updated, new, or additional
information regarding the fee amount collected for the development of parks within the City. Staff
recommends increasing the current $1,430 per dwelling unit fee to $1,510 per dwelling unit (5.6%
increase). This increase is based entirely on the rise in the Construction Cost Index (CCI). Parks staff
has reviewed the cost components of the park development fee, and other than the CCI, no other changes
are recommended.
The park development fee was last adjusted in July, 2005.
Informational notices were mailed to the Building Industry Association (BIA), American Institute of
Architects, and North Bakersfield Recreation and Parks District.
G:\GROUPDAnADMINRPTI2006\03-22\Park Dev Fee Admin.doc
SPECIAL MEETING
MINUTES OF THE
JOINT MEETING OF FEBRUARY 27,2006
BAKERSFIELD CITY COUNCIL
AND
KERN COUNTY BOARD OF SUPERVISORS
City Host
City Council Chambers
150Hruxtun Avenue
Special Meeting - 5:30 p.m.
ACTION TAKEN
1. INVOCATION by Pastor Freddie L. Thomas, The
Jerusalem Mission
2. FLAG SALUTE by Rachel Sanders, 4th Grade Student at
Almondale Elementary School
3. ROLL CALL
Kern County Board of Supervisors
Present:
Absent:
Supervisors McQuiston, Maben, Patrick,
Watson, Rubio
None
Bakersfield City Council
Present:
Absent:
Mayor Hall, Vice-Mayor Maggard (5:36
p.m.), Councilmembers Carson, Benham,
Couch, Hanson, Sullivan, Scrivner
Vice-Mayor Maggard
4. OPENING REMARKS BY MAYOR HARVEY L. HALL
5. OPENING REMARKS BY CHAIRMAN PATRICK
6. PUBLIC STATEMENTS
A. Dennis Revell, President of Revell Communications
spoke on behalf of American Promotional events,
better known as TNT Fireworks, Scott Allen,
Phantom Fireworks, Fuchsia Ward, representing
Kern Kiwanis Club, Susan Norman, fireworks seller
for 4H, Ruben Heredia and Associate Director for
Teen Challenge, spoke regarding fireworks
Regulation.
Bakersfield, California, February 27, 2006 - Page 2
6.
PUBLIC STATEMENTS
ACTION TAKEN
B. Tom Clark, Jan Gary, Citizens for a New Oildale,
and Suzanne Lange, spoke regarding naming a
street for Merle Haggard.
C. Jeff Green, Chairman of the Bakersfield Homeless
Center, spoke regarding the need for additional
funding for the Bakersfield Homeless Center.
Councilmember Benham requested the Budget and
Finance Committee review the Bakersfield Homeless
Center's request for additional funds from the City.
Supervisor Maben requested the Board of Supervisors
and the CAO review the request for additional funds
from Jeff Green on behalf of the Bakersfield Homeless
Center.
D. Rich O'Neil, on behalf of the Kern River Parkway
Committee, spoke regarding cooperation between
the City and County in utilizing the Kern River
Parkway.
7. BUSINESS ITEMS
A. Update on Federal Highway Funding and Local
Transportation Project Priority and Administration
(Thomas Roads). (City Agenda Item) - Hear City
Staff Presentation by Public Works Director Raul
Rojas. RECOMMENDED ACTION: APPROVE;
ADOPT JOINT RESOLUTION IN SUPPORT OF
AB1858
City Clerk Pam McCarthy announced correspondence was
received from staff with proposed changes to
the Resolution.
City Public Works Director Raul Rojas made staff
comments and introduced Chris Clark, Parsons Program
Manager, who gave a presentation and provided written
material. Mr. Clark introduced Girair Kotchian, Deputy
Program Manager, who gave an overview of the projects.
Craig Pope, Kern County Director of Roads, ~ave an
update and made a presentation regarding 7' Standard
Road.
Bakersfield, California, February 27, 2006 - Page 3
7.
BUSINESS ITEMS continued
Item 7.A. continued
ACTION TAKEN
Motion by Vice-Mayor Maggard to adopt the
revised Resolution in supporl of Assembly Bil/18S8.
APPROVED
Motion by Supervisor Watson, seconded by Supervisor
Rubio, to adopt the revised Resolution in supporl of
Assembly Bil/18S8.
APPROVED
B. Update on Local Transportation Safe Rojas Ballot
Measure. (Joint Agenda Item) - Hear City Staff
Presentation by Public Works Director Raul Rojas
and County Staff Presentation by Resource
Management Agency Director David Price, III.
City Public Works Director Raul Rojas and David Price
Kern County Director of Resource Management Agency,
made staff comments.
Roger Mcintosh, Mcintosh and Associates provided an
overview.
C. Update on General Plan Review Process. (Joint
Agenda Item) - Hear City Staff Presentation by
Development Services Director Stan Grady, County
Staff Presentation by Planning Director Ted James,
and Presentation by Vision 2020 Representative.
City Development Services Director Stan Grady made staff
comments and gave an overview.
Kern County Planning Director Ted James made
comments and introduced Brooke Antonioni and Sarah
Catrell-Barron, members of the Vision 2020 First Quarter
Update Team, who made comments regarding growth
in the community.
Council member Carson requested groups consider
modification of the airpark land use plan.
Supervisor Rubio requested information regarding the
length of time required to complete the process from hiring
of a consultant through completion of the project and the
feasibility of streamlining the process. Development
Services Director Stan Grady responded.
Supervisor Rubio requested information regarding
utilization of a joint City/County Planning Commission.
Kern County Planning Director Ted James responded.
Bakersfield, California, February 27, 2006 - Page 4
7.
BUSINESS ITEMS continued
Item l.C. continued
ACTION TAKEN
Councilmember Benham requested additional
information regarding a joint City/County Planning
Commission. Mr. James responded.
Councilmember Benham requested staff analyze the
feasibility of transitioning into one Metropolitan
Planning Commission.
Chairman Patrick suggested grouping like projects in
order to evaluate the cumulative effect of growth.
Supervisor Watson requested staffs provided
recommendations for aggressive infill incentives and
incentives for increasing densities and report back at
the next Joint Meeting.
Supervisor McQuiston requested all avenues be explored
to manage the volume of General Plan Amendments and
assure communication between the City and County
remain open.
Vice-Mayor Maggard expressed concern over the creation
of a metropolitan planning agency. Additionally, he
suggested City and County Planning Commissions share
information and exchange comments as part of their review
process.
Councilmember Couch requested a memo from former
Development Services Director Jack Hardisty
regarding the formation of a joint planning body be
located and redistributed to Council, Supervisors and
appropriate staff.
Mayor Hall commended members of the Vision 2020
Committee.
D. Report on Fire Station 65. (County Agenda Item) -
Hear County Staff Presentation by Fire Chief Dennis
Thompson and Comments by City Manager Alan
Tandy.
County Fire Chief Dennis Thompson made staff comments
and presented an overview.
.'~~.____ ~,~.,,~__._~....~ _ ~~.,~_~.~_,~__"<_._ ·_·__>_"_~U~_·, "'__,~_.__ ._~___
Bakersfield, California, February 27, 2006 - Page 5
7.
BUSINESS ITEMS continued
Item 7.D. continued
ACTION TAKEN
City Manager Alan Tandy made staff comments.
Chairman Patrick requested asked if any funds were set
aside for the relocation of Station 65 when Rosedale Hwy.
was widened at the NW Promenade. City Manager Alan
Tandy responded.
E. Fireworks Regulation Review. (City Agenda Item) -
Hear City Staff Presentation by Fire Chief Ron
Fraze.
City Fire Chief Ron Fraze made staff comments.
Kern County Fire Chief Dennis Thompson made
comments.
F. Habitat Conservation Program. (Joint Agenda Item)
- Hear City Staff Presentation by Development
Services Director Stan Grady and County Staff
Presentation by Planning Director Ted James.
Development Services Director Stan Grady made staff
comments.
Kern County Planning Director Ted James provided a
status report.
Councilmember Harold Hanson requested information
regarding the maintenance of wild creatures and their
habitats. Additionally he requested information regarding
negotiating parties and appropriate replacement land. Mr.
James responded.
Supervisor Watson requested staff return to the next Joint
Meeting with a proposal for program adoption. Kern
County Planning Director Ted James responded that it
would be premature to make a proposal at this time and
that the Implementation Review Group will review the
program and report back to the respective hearing bodies.
G. South Beltway Alignment. (Joint Agenda Item) -
Hear City Staff Presentation by Public Works
Director Raul Rojas and County Staff Presentation
by Planning Director Ted James and Roads Director
Craig Pope.
City Planning Director Raul Rojas and Kern County
Planning Director James presented visual aids and made
staff comments.
Bakersfield, California, February 27, 2006 - Page 6
7.
BUSINESS ITEMS continued
Item l.G. continued
ACTION TAKEN
Kern County Roads Commissioner Craig Pope made
comments.
Supervisor Watson requested a cost analysis of right-of-
way acquisition at Houghton Road Kern County Roads
Commissioner Craig Pope responded.
Councilmember Couch requested staff explore
establishing a bike path on the east side of Hwy. 99.
Councilmember Sullivan requested information on the
projected start and completion dates. Kern County Roads
Commissioner Craig Pipe responded.
H. Report on forming a joint task force (with members
from City/County staff and related agencies) to
assure responsible growth and planning for the
future. (County Agenda Item) - Hear County Staff
Presentation by Resource Management Agency
Director David Price, III.
Kern County Director of Resource Management Agency
David Price, III made staff comments.
Supervisor Rubio thanked staff for efforts in facilitating
planning for the future and suggested City and County
planning staffs move forward with formation of a Joint Task
Force to coordinate planning efforts.
Councilmember Couch requested streamlining
dissemination of information related to planning
issues, with a timeline indicating when issues will go
before the Council and Board.
Councilmember Carson requested information
regarding City/County planning agencies attending one
another's meetings. Mr. Price responded.
Chairperson Patrick inquired at what point the governing
agencies become involved in the planning process and
suggested the issue be revisited at the next joint meeting
after the separate entities have an opportunity to
address the issue. Mr. Price responded.
Supervisor Rubio requested the Joint Task Force
continue holding meetings and present a schedule to
the Board of Supervisors and City Council within the
next month.
Bakersfield, California, February 27, 2006 - Page 7
ACTION TAKEN
7. BUSINESS ITEMS continued
I. Animal Control (County Agenda Item) - Hear
County Staff Presentation by Resource
Management Agency Director David Price, III.
Kern County Director of Resource Management Agency
David Price made staff comments.
Supervisor Watson requested staffs make
recommendations regarding implementation of
neighborhood canvassing to assure animals are
licensed, subsidizing a spay and neutering program,
implementing a breeding permit fee.
Councilmember Sullivan requested an overview of the spay
and neutering programs. Mr. Price responded.
Councilmember Scrivner requested staff partner with
the County to establish a joint program for
enforcement of animal regulations, implementation of a
field education plan, dedication of an animal control
officer and animal specialist to canvass neighborhoods
and establishment of a joint subsidy for the purpose of
spay/neutering. Additionally, staff to investigate
utilization of administrative fines to aid in enforcement
of statutes.
Supervisor Maben requested the City explore an
Ordinance prohibiting giving away animals in front of
businesses.
Councilmember Benham requested the Legislation and
Litigation Committee explore an Ordinance prohibiting
giving away animals in front of businesses.
J. Status Report on Metropolitan Bakersfield Solid
Waste Transfer Station Siting. (Continued from
02/28/05 & 09/19/05 meetings) (Joint Agenda Item)
- Hear City Staff Presentation by Solid Waste
Director Kevin Barnes and County Staff
Presentation by Waste Management Director
Daphne Harley.
City Solid Waste Superintendent Sal Moretti made staff
comments and gave a presentation.
Director of Waste Management of Kern County, Daphne
Harley, made staff comments.
Bakersfield, California, February 27, 2006 - Page 8
7.
BUSINESS ITEMS continued
Item 7.J. continued
ACTION TAKEN
Councilmember Couch requested both boards take a
position regarding the Congestion Mitigation and Air
Quality (CMAQ) allocation of funds and
forward requests for funds to KernCOG.
Council member Couch requested information regarding
modifying the transfer facility into a recycling facility and
expressed support for that effort. Public Works Director
Raul Rojas responded.
Chairman Patrick requested staff evaluate the
feasibility of mandatory recycling in the metropolitan
area, whether mandatory recycling would aid in
meeting the required 50% diversion and report findings
at the next Joint Meeting.
Supervisor Rubio made comments regarding the MOU,
stated that the governing bodies should strive to
make recycling a goal rather than an option and
requested County staff prepare a Resolution regarding
the Su-Mac allocation offunds.
Supervisor McQuiston suggested the matter requires more
discussion and that a comparison of costs should be made
regarding diversion and recycling.
Councilmember Benham expressed support for
expansion of the voluntary curbside recycling
particularly in meeting the diversion requirements and
requested staff track County ideas regarding the issue
with an eye to partnering with the County to meet City
diversion requirements.
Council member Carson requested the cost of mandatory
recycling be carefully considered.
Council member Sullivan suggested voluntary recycling be
promoted.
Vice-Mayor Maggard suggested staff utilize the
economy of scale.
Councilmember Hanson requested information regarding
the CMAQ timeline. Ms. Harley responded.
Councilmember Scrivner requested information regarding a
split use truck. Mr. Moretti responded.
Bakersfield, California, February 27, 2006 - Page 9
7.
BUSINESS ITEMS continued
K. Regulating Body Art Shops. (County Agenda Item)
- Hear County Staff Presentation by Environmental
Health Services Director Steve McCalley.
Environmental Health Services Director Steve McCalley
made staff comments.
Supervisor Rubio expressed support for establishing
standards regarding body art
8. CLOSING COMMENTS BY BOARD MEMBERS AND
CITY COUNCILMEMBERS
Supervisor Rubio expressed appreciation for City
hospitality and referenced a memo he circulated Joint
City/County meetings.
Supervisor Watson thanked the City for hosting the Joint
meeting and support of further Joint meetings.
Supervisor Maben stated he is in favor of more action at
Joint meetings.
Supervisor McQuiston expressed appreciation for the City's
hospitality and suggested the separate bodies address
policy issues for Joint meetings.
Councilmember Carson stated she valued the opportunity
for the City and County to meet and thanked the Board
members for attending.
Councilmember Benham thanked City and County staffs for
providing concise reports, made comments regarding the
opening of the new airport terminal, thanked Council/Board
members for approving Resolutions regarding the Thomas
Roads Project and thanked Board of Supervisors members
for attending the meeting.
Councilmember Sullivan requested Supervisor Rubio's aid
in establishing a skateboard park in Heritage Park.
Council member Scrivner stated he was particularly pleased
with the Council/Board addressing the GPA process and
establishing a Task Force to assure responsible growth
and planning.
ACTION TAKEN
Bakersfield, California, February 27, 2006 - Page 10
8.
CLOSING COMMENTS BY BOARD MEMBERS AND
CITY COUNCILMEMBERS continued
ACTION TAKEN
Vice-Mayor Maggard requested staffs present a plan
for adoption at the next Joint meeting for updating the
General Plan process; present for action a proposal
regarding the relocation of Fire Station No. 65.; present
for adoption a Resolution regarding the South Beltway
and present for decision the solid waste transfer
station and mandatory recycling within the city limits at
a minimal cost to citizens.
9. CLOSING COMMENTS BY CHAIRMAN BARBARA
PATRICK
Chairman Patrick requested the issue of regulating
body art be presented at the next Joint meeting.
Chairman Patrick thanked Mayor Hall for conducting the
meeting in such a concise an efficient manner.
Chairman Patrick thanked the City for contributing to the
new air terminal at Meadows Field and those
Councilmembers in attendance at the grand opening of the
air terminal earlier in the day.
10. CLOSING COMMENTS BY MAYOR HARVEY L. HALL
Mayor Hall thanked the County Board of Supervisors for
joining the City Council in making the meeting a productive
one.
11. ADJOUNMENT
Mayor Hall adjourned the meeting at 8:58 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
City of Bakersfield (Date),2002
Page 11
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 8, 2006
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 Carson, Benham, Hanson,
Sullivan, Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
4. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
b.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subsection (b)(3)(C) of Government Code Section
54956.9 regarding claim submitted by
Glenn Porter.
DELETED
c. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subsection
(b)(1 )(A) of Government Code Section 54956.9.
(One case)
d. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding
City v H.W. Lakeshore Pines Joint Venture (Cross).
City Clerk McCarthy announced item 4.b. has been
deleted at the request of the City Attorney and item
4.d. has been deleted at the request of the City
Attorney and the City Manager.
DELETED
Bakersfield, California, March 8, 2006 - Page 2
4. CLOSED SESSION continued
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:18 p.m.
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:27 p.m.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Reverend Don Burton, The World of
Pentecost Church.
7. PLEDGE OF ALLEGIANCE by Baylee Corum, 1st Grade
Student at Patriot Elementary School.
Mayor Hall acknowledged students from Ridgeview
High School, Stockdale High School and Bakersfield
College in attendance at the meeting.
8. CLOSED SESSION ACTION
a.
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subsection (b)(3)(C) of Government Code Section
54956.9 regarding claim submitted by Glenn Porter.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to subsection
(b)(1)(A) of Government Code Section 54956.9.
(One case)
Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 regarding City v
H.W. Lakeshore Pines Joint Venture (Cross).
b.
c.
d.
ACTION TAKEN
APPROVED
APPROVED
NO REPORTABLE
ACTION
DELETED
NO REPORTABLE
ACTION
DELETED
Bakersfield, California, March 8, 2006 - Page 3
9.
PRESENTATIONS
a. Presentation by City Manager Alan Tandy of Special
Recognition to Jim Foss, Executive Director of
Rabobank Arena, Theater & Convention Center.
Jim Foss, Executive Director of the Rabobank
Arena, Theater & Convention Center accepted the
presented plaque and made comments.
b. Presentation by Mayor Hall of Proclamation to
Richard Temple, Chief Executive Officer, Kern
Chapter of American Red Cross, proclaiming March,
2006, as "American Red Cross Month".
Richard Temple, Chief Executive Officer, Kern
Chapter of American Red Cross, accepted the
Proclamation and made comments.
c Presentation by Mayor Hall of Proclamation to
Susan D. Handy, Principal, Bakersfield Adult
School, proclaiming March 12-18, 2006, as "Adult
Education Week".
Susan D. Handy, Principal, Bakersfield Adult
School, accepted the Proclamation and made
comments.
10. PUBLIC STATEMENTS
a. Bruce Freeman, President of Castle and Cooke,
spoke regarding the Federal Court House.
b. Robert Brennan, Danny Owens and Jerry White
spoke regarding a group home at 5809 Dorset Dr.
Councilmember Couch requested staff explore options
to assist residents in coexisting with the group home
and suggest possible changes in State legislation
governing group homes.
Vice-Mayor Maggard requested staff draft a letter for
signature by the Council of neighbors concerns
regarding safety and quality of life issues caused by
the group home located at 5809 Dorset Dr.
11. APPOINTMENTS
None.
ACTION TAKEN
Bakersfield, California, March 8, 2006 - Page 4
12.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 22, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from February 10,
2006 to February 24, 2006 in the amount of
$5,647,421.53 and self insurance payments from
February 10, 2006 to February 24, 2006 in the
amount of $290,461.90.
Ordinances:
c.
First Reading of Ordinance amending Municipal
Code Section 1.12.050 by adding Annexation No.
483, located south of Panama Lane, east and west
of Old River Road, to Ward 5.
d.
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map No. 123-36) of the Municipal Code by changing
the zoning from A (Agriculture) to C-2 (Regional
Commercial) on 16.71 acres; located north of State
Highway 119 and west of State Highway 99. (ZC
05-0493) (Moreland Consulting representing East-
West Developers LLC)
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map NO.1 04-07) of the Municipal Code by changing
the zoning from A (Agriculture) to R-1 (One Family
Dwelling) on 40± acres and from A to R-2 (Limited
Multiple Family Dwelling) on 20± acres. (ZC 05-
0725) (Porter-Robertson Engineering representing
Kevin Pascoe et al)
e.
f.
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map NO.1 03-24) of the Municipal Code by changing
the zoning from R-1 (One Family Dwelling) to C-
2/PCD (Regional Commercial/Planned Commercial
Development) on 15.9± acres generally located at
the southwest corner of State Route 178 and
Morning Drive. (File #05-1381) (Mcintosh &
Associates representing Sterling Oaks East, LLC)
ACTION TAKEN
FR
FR
FR
FR
12.
Bakersfield, California, March 8, 2006 - Page 5
CONSENT CALENDAR continued
g.
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map NO.1 01-02) of the Municipal Code by changing
the zoning from A (Agriculture) to E (Estate) on 98+
acres net/1 01 + acres gross located at the northeast
corner of Snow Road and Jenkins Road. (ZC 05-
1685) (SmithTech/USA Inc. rêpresenting Brian
Rice Construction)
h.
Adoption of Ordinance adding Chapter 13.10 to the
Municipal Code to establish certain procedures
respecting special tax districts.
Adoption of Ordinance approving a Negative
Declaration and amending Section 17.06.020
(Zone Map No. 124-20) of the Municipal Code
changing the zoning from A (Agricultural) to
R-1 (One Family Dwelling) on 108.88 acres and
from A to C-2 (Regional Commercial) on 1.56 acres
generally located at the northeast corner of South
Union Avenue and East Panama Lane. (Applicant:
Marino/Associates) (File No. 05-1507)
I.
J.
Adoption of Ordinance approving a Negative
Declaration and amending Section 17.06.020
(Zone Map 123-07) of the Municipal Code changing
the zoning from R-1 (One Family Dwelling) to PUD
(Planned Unit Development) on 7.27 acres generally
located on the southeast corner of Ming Avenue and
Grand Lakes. (Applicant: Mcintosh &
Associates/Property Owner: Castle & Cooke) (File
05-1407)
k.
Adoption of Ordinance approving a Negative
Declaration and amending Section 17.06.020
(Zone Map 102-06) of the Municipal Code changing
the zoning from A (Agriculture) to C-1
(Neighborhood Commercial) on 15.3± acres and
from A to R-2 (Limited Multiple Family
Dwelling) on 23.45± acres located at the southwest
corner of 7'" Standard Road and Calloway Drive.
(ZC 05-1165) (SmithTech USA, Inc. representing
Michel & Margaret Echeverry)
ACTION TAKEN
FR
ORD 4314
ORD 4315
ORD 4316
ORD 4317
12.
Bakersfield, California, March 8, 2006 - Page 6
CONSENT CALENDAR continued
I.
Adoption of Ordinance approving a Negative
Declaration and amending Section 17.06.020
(Zone Map 104-07) of the Municipal Code changing
the zoning from R-S-2.5A-HD (Rural Suburban 2.5
acres-Hillside Development) to R-1-HD (One Family
Dwelling-Hillside Development) on 16.08± acres
and R-S-2.5A (Rural Suburban 2.5 acres) to R-1
(One Family Dwelling) on 17.26± acres generally
located north of Paladino Drive, east and west of the
Morning Drive alignment. (ZC 05-0780) (DeWalt
Corporation/Gitsusan Reddy, et ai/ Cascade
Financial)
Adoption of Ordinance amending Title 17 of the
Municipal Code and amending Section 17.06.020
(Zone Map No. 104-19) from R-1 (One Family
Dwelling) to R-1/PUD (One Family Dwelling/Planned
Unit Development) on 574 acres generally bounded
by State Highway 178 on the north, Morning Drive to
the west, Vineland Road to the east and College
Avenue to the south for purposes of developing
single family residences. (ZC 05-1063)
(Applicant: S & J Alfalfa Companies)
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-27 from A
(Agriculture) to R-1 (One Family Dwelling) on 85.60
acres located at the northeast corner of McCutchen
Road and Ashe Road. (GPAlZC 04-1344) (Maurice
Etchechury representing Old River Land Company)
m.
n.
o.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 142-01 from E
(Estate) to R-1 (One Family Dwelling) on 21.11
acres, from E-1A (Estate 1 du/acre) to R-1 on 11.45
acres, from A (Agriculture) to R-S (Residential
Suburban) on 19.69 acres, and from A to C-2
(Regional Commercial) on 4.39 acres located south
of Taft Highway, between Hughes Lane and Wible
Road. (GPAlZC 05-0425) (Marino Associates
representing Hughes Partners, LLC, Joyce Anne
Weingarden, Emma Sandrini, Robert C. Allan and
Ada M. Allan Family Trust, John W. Weingarden,
Nancy Jane Weingarden)
ACTION TAKEN
ORD 4318
ORD 4319
ORD 4320
ORD 4321
Bakersfield, California, March 8, 2006 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
p. Adoption of Ordinance approving a Negative ORD 4322
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 142-03 from R-
S-20A (Residential Suburban-20 acre minimum) to
R-1 (One Family Dwelling) on 31.2 acres located
west of Stine Road and south of Taft Highway, east
of Farmer's Canal. (GPAlZC 05-0426) (The
Monarch Affiliates representing Paul Schallberger
and Mike Kerfoot)
q. Adoption of Ordinance approving a Negative ORD 4323
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 124-29 from A
(Agriculture) to R-1 (One Family Dwelling) on 22.32
acres located at the southwest corner of East
Berkshire Road and Madison Street. (GPAlZC 05-
0926) (Jerry L. Hendricks representing Charles L.
Crowell)
r. Adoption of Ordinance approving a Negative ORD 4324
Declaration and amending Title 17 of the
Municipal Code and Zoning Map NO.1 02-05 from A
(Agriculture) to R-1 (One Family Dwelling) on 80
acres located north of Snow Road generally
between Coffee Road and Calloway Drive, south of
Etchart Road. (GPAlZC 05-0931) (SmithTech/USA,
representing Oak Tree Development Co. Inc.)
s. Adoption of Ordinance approving a Negative ORD 4325
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-28 from A
(Agriculture) to R-1 (One Family Dwelling) on 52.56
acres and A to M-1 (Light Manufacturing) on 6.64
acres located north of McCutcheon Road and east
of Gosford Road. (GPAlZC 05-0933)
(SmithTech/USA, Inc. representing Pascoe Family
Investments, LLC)
t Adoption of Ordinance approving a Negative ORD 4326
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-06 from A
(Agriculture) to R-1 (One Family Dwelling) on
approximately 19.3 acres located at the southeast
corner of Etchart Road (future) and Jewetta Avenue
(future). (GPAlZC 05-0936) (SmithTech/USA, Inc.
representing Ralph B. Simons)
Bakersfield, California, March 8, 2006 - Page 8
12.
CONSENT CALENDAR continued
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map NO.1 02-06 from A
(Agriculture) to R-1 (One Family Dwelling) on
approximately 18.7 acres located on the east side of
Jewetta Avenue (future) approximately 660 feet
south of Etchart Drive (future). (GPNZC 05-0937)
(SmithTech/USA, Inc. representing Martin
Etcheverry)
v. Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 123-32 from A
(Agriculture) to R-1 (One Family Dwelling) on 80
acres located west of Gosford Road, generally
between McCutchen Road and Taft Highway.
(GPNZC 05-0938) (SmithTech/USA, Inc.
representing Nelson Robert D. & Darin C.
Revocable Trust
u.
w.
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 104-20 from R-
S-2.5A (Residential Suburban 2.5 acres
minimum lot size) to R-1 (One Family Dwelling) on
40.24 acres located on the north side of
Kern Canyon Road (State Highway 184),
approximately 2,000 feet southwest of the Kern
Canyon Road/State Highway 178 intersection.
(GPNZC 05-1437) (Porter-Robertson
Engineering & Surveying representing Marion &
Shirley Collins Family Limited Partnership)
Adoption of Ordinance approving the appeal and
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 124-
09 from A (Agriculture), R-S (Residential
Suburban) and OS (Open Space) to R-1 (One
Family Dwelling) on approximately 110 acres
generally located at the southeast corner of
Cottonwood Road and Cas a Lorna Drive.
(GPNZC 05-0410) (Pinnacle Engineering
representing Tim Denari of BVGG, LLC)
x.
ACTION TAKEN
ORD 4327
ORD 4328
ORD 4329
REMOVED FOR
SEPARATE
CONSIDERA nON
12.
Bakersfield, California, March 8, 2006 - Page 9
CONSENT CALENDAR continued
y.
Adoption of Ordinance amending Title 17 of the
Municipal Code and Zoning Map No. 123-34
from A (Agriculture) to R-1 (One Family Dwelling) on
117.13 acres and from A to R-2 (Limited Multiple
Family Dwelling) on 12.94 acres, and Zoning Map
No. 142-03 from R-S- 20A (Residential Suburban,
20 acre minimum lot size) to R-2 on 56.59 acres
located north and south of Taft Highway (State
Route 119) between Ashe Road on the west and
Mountain Ridge Road (future) on the east.
(GPA/ZC 04-1746) (Centex Homes/Mcintosh &
Associates representing Hershel & Clarissa Moore
Living Trust)
Adoption of Ordinance approving a Negative
Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 101-01 from A
(Agriculture) to M-1 (Light Manufacturing), M-2
(General Manufacturing) and E/PE (Estate One
Family Dwelling/Petroleum Extraction Combining
District) on approximately 140 acres located at the
southeast corner of ¡th Standard Road and the
planned Allen Road alignment (future).
(GPA/ZC 05-0844) (Pacific Engineering
representing M & S Land Company, LLC)
z.
Resolutions:
aa.
Resolution confirming the approval by Assistant City
Manager of Chief Code Enforcement
Officer's Report regarding assessments of certain
properties in the City for which structures have been
secured against entry or for abatement of certain
weeds, debris and waste matter, and authorize
collection of assessments by the Kern County Tax
Collector.
bb.
Resolution approving the submittal of an application
to the California Integrated Waste Management
Board for the Waste Tire Cleanup Grant
($76,416.00) for a one year period, 2006-07.
cc.
Resolution authorizing access to sales and use tax
records pursuant to Revenue and Taxation Code
Section 7056.
ACTION TAKEN
ORD 4331
ORD 4332
RES 059-06
RES 060-06
RES 061-06
Bakersfield, California, March 8, 2006 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
dd. Resolutions of Application proposing proceedings
for annexation of territory to the City property
identified as:
1.
Annexation No. 500 consisting of 80.65
acres of uninhabited land located south of
Panama Lane, west of Old River Road.
Annexation No. 508 consisting of 43.39
acres of uninhabited land located at the
southeast corner of McCutchen Road and
Ashe Road.
RES 062-06
2.
RES 063-06
ee.
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City
property identified as Annexation No. 468 located
generally north and south of McCutchen Road, east
and west of Progress Road.
RES 064-06
ff.
Resolution of Application proposing proceedings for
annexation of uninhabited territory to the City
property identified as Annexation No. 501 located
generally north of Snow Road, west of Friant-Kern
Canal, east of Allen Road.
RES 065-06
gg. Reclassification, changes to salary schedule, title
change and revised job specification:
1. Reclassification of Accounting Clerk II
(Wastewater Division) position t'o Revenue
Program Aide position.
2.
Amendment NO.1 to Resolution No. 049-06
approving Memorandum of Understanding
for employees of the Blue and White Collar
Units and adopting salary schedule and
related benefits for Trades Maintenance
Worker.
RES 049-06(1)
3. Revised Job Specification for Maintenance
Craftworker I.
4. Title Change and Revised Job Specification
for Trades Assistant to Trades Maintenance
Worker.
Bakersfield, California, March 8, 2006 - Page 11
12. CONSENT CALENDAR continued ACTION TAKEN
hh. Amendment No. 18 to Resolution No. 122-01 RES 122-01(18)
approving Memorandum of Understanding for
employees of the General Supervisory, Police
Supervisory and Management Units; and,
adopting salary schedule and related benefits for
Economic Development Director.
Resolution adding territory, Area 4-45 RES 066-06
II.
(Valley/Paladino NE) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
Resolution adding territory, Area 4-46 (Kern RES 067-06
Canyon/Chase N) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
kk. Resolution adding territory, Area 5-21 (South RES 068-06
H/Hosking SE 2) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
II. Resolution adding territory, Area 5-22 RES 069-06
(CottonwoodlWatts SE) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
mm. Resolution adding territory, Area 5-23 (S RES 070-06
Union/Hosking SE) to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
the Kern County Tax Collector.
nn. Resolution of Intention No. 1403 to add territory, ROI 1403
Area 3-40 (Berkshire/99 W) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Bakersfield, California, March 8, 2006 - Page 12
12.
CONSENT CALENDAR continued
00.
Resolution of Intention No. 1437 to add territory,
Area 3-46 (Panama/Mountain Ridge SE) to
the Consolidated Maintenance District and
preliminarily adopting, confirming and approving
Public Works Director's Report.
pp. Resolution of Intention No. 1438 to add territory,
Area 4-49 (Donaldo/Casa Club SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
qq
Resolution of Intention No. 1439 to add territory,
Area 4-50 (3'dN NE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
rr.
Resolution of Intention No. 1440 to add territory,
Area 4-51 (Valley/Paladino NW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving
Public Works Director's Report.
ss.
Resolution of Intention No. 1435 to establish Traffic
Signal Maintenance District TS-13 (Panama and
Stine Shopping Center) preliminarily adopting,
confirming and approving Public Works Director's
Report.
tt.
Resolution of Intention No. 1441 to add territory,
Area 1-65 (Real/Chester NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Agreements:
uu. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreement with
McMillan Albany, LLC for Tract 6169
Unit 3 located west of Progress Road and
north of Panama Lane.
2. Final Map and Improvement Agreement with
Bakersfield Panorama, LP for Tract
6193 Phase 2 located east of Kern Canyon
Road and south of Mesa Marin Drive.
ACTION TAKEN
RO/1437
RO/1438
RO/1439
RO/1440
RO/1435
RO/1441
AGR 06-061
Bakersfield, California, March 8, 2006 - Page 13
12. CONSENT CALENDAR continued ACTION TAKEN
vv. Storm Drain Improvements on 38th Street between
Q Street and San Dimas Street:
1. Reimbursement Agreement with Columbo AGR 06-064
Construction (not to exceed $80,000.00)
for project.
2. Appropriate $80,000.00 Sewer Enterprise
Fund balance to the Capital Improvement
Budget (Wastewater Treatment Plant #2)
ww. Agreement with Cenval L.P. ($1,033,000.00) to AGR 06-065
purchase real property located north of DEED 6386
Stockdale Highway and east of Rider Road
(extended) for the Westside Parkway.
yy. Subordination Agreement/Consent to Grant of AGR 06-066
Easement/Common Use Agreement with Kern
Delta Water District for canal crossing of Panama
Lane between Buena Vista Road and Allen Road.
ZZ. Amendment NO.1 to Agreement No. 05-065 with AGR 05-065(1)
San Joaquin Fence and Supply ($150,000.00,
revised not to exceed $300,000.00 and extending
term for one (1) year) for fencing.
aaa. Amendment NO.1 to Agreement No. 01-346 with AGR 01-346(1)
AmeriPride Uniform Services (extending term for six
(6) months) for uniform services.
bbb. Amendment NO.2 to Agreement No. 04-136 with AGR 04-136(2)
Kern Turf Supply ($35,000.00 for a revised
not to exceed $165,000.00) for irrigation parts and
supplies.
ccc. Amendment No. 1 to Agreement No. 06-048 with AGR 06-048(1)
McKee Electric ($40,500.00 for a revised not to
exceed $80,100.00) for voice and date wiring for the
fourth floor of the Borton Petrini Building. (Thomas
Roads)
Bids:
ddd. Accept bid and award contract to Griffith Company AGR 06-067
($1,922,739.00) to construct Streetscape
Improvements on Chester Avenue from 24th Street
to Garces Circle.
Bakersfield, California, March 8, 2006 - Page 14
12.
CONSENT CALENDAR continued
eee. Accept bid from California Electric Supply
($173,686.76) for decorative street lamps for the
Chester Avenue Streetscape project.
fff. Construction of Parking Garage Gate Automation
located at 1600 18th Street:
1. Accept bid and award contract to DMC
Diagnostics and Engineering, Inc.
($88,400.00) for project.
2. Appropriate $95,000.00 Offstreet Parking
Fund balance to the Capital Improvement
Budget.
ggg. Accept bid to award contract to Loop Electric Inc.
($153,457.75) for the installation of conduiUwire for
streetlights on 18th and 19th Streets from Union
Avenue to Baker Street.
hhh. Accept bid from Quinn Company ($208,217.29) for
one (1) additional articulated four-wheel
drive loader.
iii. Accept bid from Garvey Equipment ($35,172.63) for
one (1) additional brush chipper.
jjj. Accept bid from Jim Burke Ford ($230,285.75) for
two (2) additional aerial lift trucks.
kkk Accept bid from South Kern Machinery ($43,715.76)
for one (1) additional rotary mower for the
Recreation and Parks Department.
Miscellaneous:
III. Appropriate $131,000.00 from available fund
balance from the Old Town Kern-Pioneer
Project Area Operating Fund to the Redevelopment
Capital Improvement Budget for property
acquisition - 1006 and 1014 Baker Street - Baker
Street Village.
mmm. Appropriate $325,258.00 Southeast Project Area
Housing Funds to the Capital Improvement
Budget for the acquisition of eleven tax default
properties located in the Southeast
Redevelopment Project Area.
--_.._--_._--~---
ACTION TAKEN
AGR 06-068
AGR 06-069
NS MAGGARD
REMOVED FOR
SEPARATE
CONSIDERA TION
Bakersfield, California, March 8, 2006 - Page 15
12.
CONSENT CALENDAR continued
nnn. Report from the Planning Commission regarding
request for direction on increased public
noticing for development projects requiring hearings.
City Clerk McCarthy announced item 12.cc. should
read: "Pursuant to revenue taxation code section
7056".
Motion by Vice-Mayor Maggard to remove items 12.a.
through 12.nnn. with the removal of item 12.x. and
12.mmm. for separate consideration and correction to
item 12.c.
x.
Adoption of Ordinance approving the appeal and
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map No. 124-
09 from A (Agriculture), R-S (Residential
Suburban) and OS (Open Space) to R-1 (One
Family Dwelling) on approximately 110 acres
generally located at the southeast corner of
Cottonwood Road and Casa Loma Drive.
(GPAlZC 05-0410) (Pinnacle Engineering
representing Tim Denari of BVGG, LLC)
Motion by Councilmember Carson to approve item 12.x.
mmm. Appropriate $325,258.00 Southeast Project Area
Housing Funds to the Capital Improvement
Budget for the acquisition of eleven tax default
properties located in the Southeast
Redevelopment Project Area.
Motion by Councilmember Carson to approve item
12.mmm.
13. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution ordering the
vacation of 20 foot wide alley between Eye Street
and Chester Avenue, from 27th Street to 28th Street.
b.
Public Hearing to consider Resolution ordering the
vacation of 22"d Street between V Street
and Golden State Highway.
ACTION TAKEN
APPROVED
NS MAGGARD ITEM
12.111.
ORD 4330
APPROVED
APPROVED
RES 071-06
REMOVED FOR
SEPARATE
CONSIDERA TlON
Bakersfield, California, March 8, 2006 - Page 16
12.
CONSENT CALENDAR continued
c.
Public Hearing to consider Resolution approving a
Negative Declaration and application proposing
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 481
consisting of 98.6 net acres located south of
Panama Lane to Berkshire Road generally east of
South Union Avenue.
Hearings opened at 7:41 p.m.
At the request of Inocnsio Madera Item 13.b. was
removed for consideration after item 14b.
Hearings closed at 7:45 p.m.
Motion by Vice-Maggard to approved items 13.a. and
13.c.
14. HEARINGS
a. Public Hearing to consider appeal by Porter-
Robertson Engineering, representing A & E
Union, of Planning Commission's decision denying
approval of Vesting Tentative Tract 6433.
(Applicant/Appellant: Porter-Robertson Engineering)
1.
Resolution overturning the decision of the
Planning Commission, approving the
appeal, adopting the Negative Declaration
and approving Vesting Tentative Tract
6433 generally located on the north and
south sides of Casa Club Drive within the
Rio Bravo Country Club area.
ACTION TAKEN
RES 072-06
APPROVED
RES 073-06
Bakersfield, California, March 8, 2006 - Page 17
14.
HEARINGS continued
Planning Director Movius made staff comments,
presented visuals and read the following conditions
into the record:
· A & E shall initiate and pay all fees and costs
for a general plan amendment and a zone
change (A & E proposes June or September,
2006 schedule) to designate as Open Space
both the Rio Bravo Country Club Golf
Course and the property on which the
Hacienda Reservoir is located (the
"Designated Properties"). If the change to
Open Space is not approved or is subject to
conditions that are not acceptable to A & E,
or suit is filed to stop approval, processing,
or development of Tentative Tract 6433 or
the proposed change of land use designation
for the Designated Properties to Open
Space, or A & E determines it is or will be
unable to develop Tentative Tract 6433, A &
E may withdraw any application to change
the landuse designation for the Designated
Property.
· The final map for Tract 6433 may not be
recorded and construction of the 22 lots
proposed by Tentative Tract Map 6433 may
not begin until the Designated Properties are
re-zoned to Open Space as described in
paragraph one. However, A & E may take
all action necessary to process and prepare
for approval and recording a final map for
Tract 6433 including submitting plans to the
City of Bakersfield for plan check and
approval.
· Prior to recordation of Tract Map 6433, A &
E shall complete golf course modifications to
Hole NO.9 so that play is not disrupted.
Development of the lots will incorporate an
undeveloped area into the golf course and
move the 9th hole tee boxes slightly away
from Casa Club Drive and incorporate a
portion of the golf course into the
development.)
ACTION TAKEN
Bakersfield, California, March 8, 2006 - Page 18
14.
HEARINGS continued
. A & E will incorporate a common landscape
theme into the requirements for the
construction of homes I Tract 6433 along the
approximate ten foot frontage of the lots that
will convey the impression of an entrance to
the Rio Bravo Golf Course. The landscape
requirement will be determined by A & E in
consultation with its consultants and
designers and will not be subject to approval
by any third party.
Hearing opened at 7:52 p.m.
Jim Worth, McMurtery, Hartsock and Worth,
on behalf of all eight of the Homeowners
Associations within the Rio Bravo Country
Club, and Richard Monje, on Behalf of A &
E, spoke in support of the staff
recommendation.
Hearing closed at 7:57 p.m.
Vice-Mayor Maggard reiterated the conditions read into
the record by Planning Director Movius must be met.
Motion by Vice-Mayor Maggard to approve the
Resolution overturning the decision of the Planning
Commission, approving the appeal, approving the
Negative Declaration and approving Vesting Tentative
Tract 6433 with conditions read into the record by
Planning Director Movius.
b. Public Hearing to consider Fireworks Regulations,
Fireworks Fees, Recreation & Parks Fees:
1.
Adoption of Ordinance amending Chapter
8.44 of the Municipal Code relating to
fireworks.
2.
Adoption of Ordinance amending Sections
15.64.036,15.64.350 and 15.64.480
of the Municipal Code relating to
miscellaneous regulations of the Uniform
Fire Code.
3.
Resolution adopting fees pursuant to the
cost recovery program. (Fireworks booth
inspection fees and Recreation & Parks
fees)
ACTION TAKEN
APPROVED
ORD 4333
ORD 4334
RES 074-06
_.._---~,_. <-----.----..-..".,.-.-..--------".-. -....-
Bakersfield, California, March 8, 2006 - Page 19
14. HEARINGS continued
Item 14.b. continued
ACTION TAKEN
Hearing opened at 8:12 p.m.
Loreda Clevenger spoke in opposition to the staff
recommendation.
Hearing closed at 8: 15 p.m.
Vice-Mayor Maggard requested staff provide a report to
the Budget and Finance Committee after July ¡fh, with
an accounting of the fees collected, how they were
used, enforcement actions and fines resulting from
enforcement actions.
Motion by Councilmember Scrivner to adopt the
Ordinances and Resolution with the proposed changes
included.
APPROVED
~œ~~~n~m~np.m.~~TI~m.
c.
Public Hearing to consider Resolution ordering the
vacation of 22"d Street between V Street
and Golden State Highway.
RES 075-06
Mayor Hall announced testimony would be taken for
the item previously opened at 7:41 p.m. and
continued to the present time
Inocnsio Madera, Jose Morales and Viviente
Vialpando spoke in opposition to the staff
recommendation.
Don Banks and Richard Compton spoke in favor of
the staff recommendation.
Inocnsio Madera spoke in rebuttal opposition to the
staff recommendation.
Don Banks spoke in rebuttal support of the staff
recommendation.
Hearing closed at 8:49 p.m.
Motion by Councilmember Benham to approve the
Resolution.
APPROVED
15. REPORTS
None.
--, ---.,. ,-^.,...~----_._- -----,_.._..--.,..._~---,~'..- .,.^.._--..._---_._._..,,,.,--_._---_._,-_...._-_._~---..-----
Bakersfield, California, March 8, 2006 - Page 20
16.
DEFERRED BUSINESS
None.
17. NEW BUSINESS
a. Emergency Pump Station Construction at
Wastewater Treatment Plant NO.3:
Resolution dispensing with bidding
procedures for construction of a permanent
pump station for Wastewater Treatment
Plant NO.3 due to imminent threat to public
health, safety and welfare, not to exceed
$8,000,000.00.
2. Appropriate $5,000,000.00 Sewer Fund
balance and appropriate and transfer
$3,000,000.00 additional sewer connection
fee revenues to the Capital Improvement
budget within the Sewer Enterprise Fund.
1.
Assistant Public Works Director Jacque LaRochelle
made staff comments and gave a computer
overview.
Vice-Mayor Maggard requested staff explore all options
of non-traditional ways, as well as design build, to
secure construction contracts and the feasibility of
dispensing with traditional bidding procedures and
bring back a report to the Budget and Finance
Committee.
Motion by Councilmember Sullivan to adopt the
Resolution and appropriate funds.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Scrivner requested staff respond to Mr.
Evensen regarding a recurring problem with a dump
truck parking on the south side of Harris Road and
provided contact information.
Councilmember Benham requested staff abate graffiti
on the bike path underpass under Hwy. 99 next to
Beach Park.
Councilmember Benham requested staff review the
feasibility of increasing Code Enforcement staffing
during the present budget process.
ACTION TAKEN
RES 076-06
APPROVED
Bakersfield, California, March 8, 2006 - Page 21
18.
MAYOR AND COUNCIL STATEMENTS continued
Councilmember Benham announced the California
Partnership for the San Joaquin Valley will hold their initial
meeting tomorrow in Bakersfield at 9:30 a.m. at the
University Square Building at 21't and K Streets and public
participation is invited.
Council member Benham congratulated Police Sergeant
Joe Grubb who has been awarded the 2005-2006
California State Juvenile Officers Service Award for his
exemplary contribution in the area of delinquency
prevention.
Councilmember Hanson requested staff respond to an
email regarding a youth softball facility.
Councilmember Hanson requested staff contact Mr.
Pelz concerns regarding shopping carts and provided
contact information.
Councilmember Hanson made comments regarding
hockey.
Councilmember Sullivan expressed support for
increasing Code Enforcement staff; suggested staffing
be increased by at least four more staff and a
supervisor and Code Enforcement be reimbursed if
they handle an issue for another department.
Councilmember Sullivan announced she will be absent at
the March 22 meeting.
Council member Sullivan requested the declaration she
signed denying knowledge of negative ads against other
Councilmembers at the last meeting be returned to her.
Councilmember Couch requested information regarding the
Valley Water Alliance. City Manager Tandy responded.
Councilmember Couch agreed to return signed declarations
to Councilmembers Sullivan and Carson.
Vice-Mayor Maggard requested Chief Rector introduce the
officer who translated during the meeting. Chief Rector
introduced Officer Herrera.
Vice-Mayor Maggard requested staff address the
serious graffiti problem at Siemon Park and provided
_._-- . -'._-._._>...~..--.."...-.---~
ACTION TAKEN
Bakersfield, California, March 8, 2006 - Page 22
photographs.
18.
MAYOR AND COUNCIL STATEMENTS continued
Vice-Mayor Maggard requested staff support citizens
working to alleviate graffiti.
Vice-Mayor Maggard requested staff respond to a prior
request to provide information regarding graffiti
abatement sweeps.
Vice-Mayor Maggard requested an update regarding
staffing in Planning and Public Works.
Vice-Mayor Maggard requested staff contact Mr.
Brennan regarding the group home in question and
initiate proceedings with the State as soon as possible.
Vice-Mayor Maggard made comments regarding rezoning
at the Rio Bravo Golf Course.
Vice-Mayor Maggard requested the Mayor adjoum the
meeting in memory of Army Specialist Clay Farr and Marine
Corporal Adam Zanutto killed in the line of duty in Iraq.
Councilmember Carson requested information regarding
development fees. City Manager Tandy responded.
Councilmember Carson made comments regarding graffiti.
Councilmember Carson requested staff explore uses of
vacant space at Martin Luther King Jr. Park and report
back to Council.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 9:45 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