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BAKERSFIELD CITY COUNCIL
AGENDA
APRIL 5, 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 Sesalon ltem(s) only durIng thIs portion of the meeting)
3. WORKSHOPS
4. CLOSED SESSION
a. Conference with Legal Counsel- Initiation of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section 54956.9. (One case)
b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the following cases:
1. Wible Road Action Group, et al v City, et al.
2. City v HW. Lakeshore Pines Joint Venture (Cross).
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Daren Pitcher, Ridgeview Church.
7. PLEDGE OF ALLEGIANCE by Claryce Lazerson, 4'h Grade Student at St. John Lutheran.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for
OneLegacy, proclaiming April, 2006, as "National Donate Life Month".
b. Presentation by Mayor Hall of Proclamation to Lorena Giambo, Bakersfield Association of
Realtors, and Maribel Reyna, City's Economic & Community Development Department,
proclaiming April, 2006, as "Fair Housing Month".
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 22, 2006, Regular City Council Meeting.
Payments:
b. Approval of department payments from March 10, 2006 to March 23, 2006 in the amount of
$7,619,627.19 and self insurance payments from March 10, 2006 to March 23, 2006 in the
amount of $154,531.67.
12. CONSENT CALENDAR continued
(Ward 5)
(Ward 4)'
(Ward 6)
(Ward 4)'
(Ward 2)
(Ward 7)
(Ward 3)
* + upon annexation
Ordinances:
c. First Reading of Ordinance deleting Chapter 1.12 of the Municipal Code in its entirety and
adding a new Chapter 1.12 relating to the establishment of ward boundaries.
d. First Reading of Ordinance amending Chapter 10.76 of the Municipal Code relating to
parades. (Legislative & Litigation Committee)
e.
Adoption 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.
(FR 03108/06)
f.
Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020
(Zone Map No. 102-05) 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 Y2 mile west of Coffee Road. (ZC 05-1082) (SmithTech/USA
representing Oak Tree Development Co., Inc.) (FR 03l22I06)
Adoption of Ordinance amending Section 17.060.020 (Zone Map No. 123-29) of the
Municipal Code by changing 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 Y2 mile south of Panama Lane.
(File #05-1686) (Quad-Knopf, Inc. representing Gosford-Panama Partners) (FR 03l22I06)
g.
Resolutions:
h.
Resolution approving an application proposing proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 466 consisting of 83.47 net acres located
north of Snow Road, generally between Allen Road and Calloway Drive.
I. Resolution adopting revised land based financial policy. (Budgat & Finance Committee)
j.
Resolution authorizing the filing of an application with Kern Council of Governments for
allocation of Transportation Development Act funds for Fiscal Year 2006-07 to be utilized for
the maintenance of the Bakersfield Amtrak Station.
k. Resolution consenting to the transfer of a cable television franchise from CoxCom, Inc. to
Cebridge Acquisitions, L.P.
I. Resolution adopting Kern County California Multi-Hazard Mitigation Plan.
m.
Sewer Connection Fee Assessments for 2601 Carlita Court:
n.
1. Resolution confirming assessments for sewer connection fees and authorizing the
collection of assessments by the Kern County Tax Collector.
2. Agreement with Mario Meza Garcia & Ronda Meza to pay sewer connection fee in
installments and notice of special assessment lien.
Assessment District No. 06-1 (Etcheverry/Lin II):
1. Resolution accepting petition and determining to undertake special assessment
proceedings.
2. Agreement with Wilson & Associates for assessment engineering services.
3. Agreement with Orrick, Herrington & Sutcliffe for bond counsel services.
4. Agreement with Pillsbury Winthrop, LLP for disclosure counsel services.
2
12. CONSENT CALENDAR continued
(Ward 3)
(Ward 5)
(Ward 2)
(Ward 6)
(Ward 5)
(Ward 4.5)
(Ward 4)
(Ward 2)
Group home at 5809 Dorset Drive:
1 . Resolution requesting the State Legislature amend state law pertaining to group
homes.
2. Letter to the Community Care Licensing Division of the State of California, from the
City Council, requesting action regarding the group home.
Resolution establishing Traffic Signal Maintenance District TS-14 (Ming, South Allen SE)
confirming the assessments, approving Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax Collector.
Resolution of Intention No. 1436 to add territory, Area 4-44 (Chester Avenue, 24th to Garces
Circle) to the Consolidated Maintenance District, preliminarily adopting, confirming and
approving Public Works Director's Report and setting time and place for hearing protests to
the proposed addition of territory.
Resolution of Intention No. 1443 to add territory, Area 2-32 (District, Stine Canal NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
Agreements:
o.
p.
q.
r.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Morningstar Estates, LLC, for Tract
5667 located north of Campus Park Drive and east of Mountain Vista Drive.
2. Final Map and Improvement Agreements with Centex Homes for Tract 6349 Phase
2 located west of Buena Vista Road and north of Panama Lane.
t. Amendment NO.2 to Agreement No. 05-152 with Pavement Recycling Systems, Inc.
($400,000.00, revised not to exceed $1,400,000.00; and, extending term for one (1) year) for
cold planing for Streets Division.
s.
Bids:
Accept bid to award contract to Loop Electric, Inc. ($110,194.80) for traffic signal and lighting
system installation at Ming Avenue and Grand Lakes Avenue.
Accept bid to award contract to TES Electric Contractors, Inc. ($105,800.00) for traffic signal
and lighting system installation at Olive Drive and Riverlakes Drive.
w. Accept bid to award annual contract to National Waterworks (not to exceed $250,000.00) for
water meters for Water Resources Department.
u.
v.
Miscellaneous:
Transfer appropriations of $2,029,640.00 from the debt service budget within the Transient
Occupancy Tax Fund to the Capital Improvement Budget within the Capital Outlay Fund for
various improvements to the Rabobank Convention Center and Arena facilities in connection
with savings generated by the refunding of the 1997 Certificates of Participation.
y. Request for conversion of approved position from General Services Coordinator to
Maintenance Craft Worker II (General Services Division).
x.
13. CONSENT CALENDAR HEARINGS
Staff recommends adoption of Consent Calendar items a through y.
3
14. HEARINGS
(Ward 3)
a.
Public Hearing to consider appeals by A & E Union, Inc., Fletch Waggoner on behalf of Casa
Club Fairways Homeowners Association and Pulte Homes of Planning Commission decision
upholding the Development Services Director's approval of a compliance review of a 185 unit
multiple family project on 19.07 acres zoned R-2 (Limited Multiple Family Residential)
located at 14801 Casa Club Drive. (Owner/Developer: Andy Fuller) (File SPR 05-1641)
1. Resolution upholding the Planning Commission's decision to uphold the Development
Services Director's approval and add a condition concerning secondary emergency
access, and denying the appeal by A & E Union, Fletch Waggoner and Pulte Homes.
Staff recommends adoption of resolution.
b. Hearing to receive public comment regarding the costs to maintain call boxes, the need to
provide other motorist aid services, or eliminate the system.
Staff recommends acceptance of public comment.
15. REPORTS
16. DEFERRED BUSINESS
a. New Positions in Graffiti and Code Enforcement:
1. Authorize four (4) Maintenance Craftworker I positions in Public Works (Graffiti).
2. Authorize one (1) Community Relations Specialist position in Police (Graffiti).
3. Authorize five (5) Code Enforcement Officer I positions and one (1) Clerk-Typist I
position in Development Services.
4. Appropriate $261 ,000.00 General Fund balance to the Building Department
Operating Budget ($138,000.00), Police Operating Budget ($23,000.00), and Public
Works General Services Operating Budget ($100,000.00) within the General Fund for
salaries and related benefits.
5. Appropriate and transfer $500,000.00 General Fund balance to the Capital
Improvement Budget within the Equipment Management Fund for the purchase of
related vehicles and equipment.
Staff recommends approval.
17. NEW BUSINESS
(Ward 2)
a.
Resolution agreeing to the formation of the Downtown Business Improvement District; and
authorizing the Mayor to sign the petition on behalf of the City agreeing to be included.
Staff recommends adoption of resolution and authorize Mayor to sign petition on behalf of the City.
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
Alan Tan~
City Manager
31301064:20pm
4
AGENDA HIGHLIGHTS
APRIL 5, 2006 COUNCIL MEETING
REGULAR MEETING 5:15 p.m.
CLOSED SESSION
There are conferences with legal counsel regarding one case of initiation of litigation and two cases of
existing litigation.
CONTINUATION OF REGULAR MEETING - 6:30 p.m.
CONSENT CALENDAR
Ordinances
Items 12c and 12d. First Readino of Ordinances Amendino the Municipal Code Relatino to the
Establishment of Ward Boundaries, and Parades. The City Council approved new ward boundaries
on January 25, 2006. Maps showing the new boundaries were then used to prepare legal
descriptions of each ward, which were merged with the draft ordinance.
At the direction of the Legislative and Litigation Committee, staff amended the parade ordinance, as
follows: 1) Five new parade "corridors" were determined, which would be the only areas parades
could be held; 2) Applications must be submitted ten days prior to the event to give staff time for
processing; and 3) Businesses along the route must be notified at least three days prior to the event.
Resolutions
Item 121. Resolution Adoptino the Kern Countv. California Multi-Hazard Mitioation Plan. In
conjunction with the City and other local government entities, Kern County developed a Multi-Hazard
Mitigation Plan. The purpose of the Plan is to assess risks posed by hazards and identify ways to
reduce those risks. This Plan is an eligibility requirement to apply for grants through FEMA. In
February 2006, FEMA granted preliminary approval contingent on adoption of the Plan by all
participating jurisdictions
Item 120. Group Home at 5809 Dorset Drive. Approximately 18 months ago, a group home was
established at 5809 Dorset Drive. Almost immediately, residents in the neighborhood began having
problems. On approximately 40 occasions, the Police Department has been called out to the location.
The neighbors attempted to seek resolution through the entity which runs the home, with no success.
At the March 8. 2006. Council meeting. neighborhood residents appealed to the Council for
assistance. On behalf of the neighbors, staff contacted the group home management and the State
agency that oversees group homes to set a meeting that would include the neighborhood residents.
To date, no such meeting has been set.
The law provides protection for residents of such homes, but none for the surrounding neighborhood.
This resolution requests that the legislature look into amending State law to ensure that the
neighborhood in which a group home is located is afforded similar protections. Similarly, the letter to
Community Care Licensing Division is designed to bring the situation on Dorset Drive to the attention
of the entity that controls the licensing of the home.
Agenda Highlights
April 5, 2006
Page 2
Aqreements
Item 12t. Amendment NO.2 to Aqreement No 05-152 with Pavement Recyclinq Systems. Inc In the
;¡mount of $400.000 for a revised not to exceed amount of $1.400.000; and Extendinq the Term for
One Year for cold Planinq. The Agreement expires on April 12, 2006. It allows for a one-year
extension if all parties agree. Extending the agreement will allow the City to continue working with a
good provider, and saves staff the time and effort in re-bidding the item.
Bids
Item 12w. Award Annual Contract to National Waterworks. Bakersfield for Water Meters for Water
Resources Department in an amount not to exceed $250,000. Four acceptable bids were received.
Staff recommends awarded to National Waterworks, Bakersfield.
Miscellaneous
Item 12x. Transfer Appropriations of $2.029,640 for Various Improvements to the Rabobank
Convention Center and Arena Facilities in Connection with Savinqs Generated by the Refundinq of
the 1997 Certificates of Participation. On February 22, 2006, Council approved the action to proceed
with advanced refunding of the 1997 Certificates of Participation. The transaction was officially
completed on March 23, 2006. Actual savings total $2,350,728. Capital improvements being
proposed with the current year savings are detailed in the administrative report. Staff is currently
working on final costs estimates and formal bidding requirements, as needed. Approval of this budget
transfer will allow staff to proceed on some of the smaller projects immediately. The larger projects
will come back to Council in the form of contract approvals and/or award of formal bids.
HEARINGS
Item 14a. Public Hearinq to Consider Appeals by A & E Union. Inc.. Fletch Waqqoner on Behalf of
Casa Club Fairways Homeowners Association. and Pulte Homes of the Planninq Commission's
Decision to Uphold the Approval of a Compliance Review of a 185-Unit Multiple-Family Proiect on
19.07 acres zoned R-2 Located at 14801 Casa Club Drive. The Development Services Director held
a public hearing and approved the site plan on December 15, 2005. The Director's decision was
appealed to the Planning Commission on February 2, 2006, when the appeal was denied. The
appellants have not provided any new evidence in their appeal letters to dispute the Planning
Commission's findings and decision.
Mr. Fletch Waggoner submitted a letter and was the only person to speak in opposition to the project.
The Commission also received letters in opposition from A & E Union, Inc. and Pulte Homes. Mr.
Justin VanMullen, representing the applicant Mr. Andy Fuller, spoke in support of the project.
The project will consist of two-story detached dwelling units, a community swimming pool with an
outdoor dining area, guest parking, and open space areas. Access is provided along both Casa Club
Drive and Donaldo Street, both private streets within the Rio Bravo County Club planned community.
The nearest public street is Miramonte Drive approximately 1/3rd of a mile to the west.
An appeal of a site plan is limited to whether or not an adopted development standard, zoning
regulation, or policy applied or not applied to the project was consistent with City ordinance. Council's
authority regarding the appeal is limited to the specific issues identified by the appellants, which are
secondary access, fire accessibility within the project site, and area compatibility. The Planning
Commission considered these issues plus orderly development, burden upon the existing
homeowner's associations, project design and density, and access locations. Two conditions were
Agenda Highlights
April 5, 2006
Page 3
added to the Fire Department's requirements concerning emergency access. Those conditions
require that secondary access to the south to Miramonte Drive be available before building permits
are issued, and that the applicant develop an enforcement program to prohibit vehicles from parking
within the development's private drives to maintain appropriate emergency access to each unit.
The Commission found that the project was consistent with the design and density of other existing
projects in the Rio Bravo community, and that all adopted ordinances and policies have been correctly
applied to the project. Staff recommends that the appeals be denied.
Item 14b. Hearinq to Receive Public Comment Reqardinq the Costs to Maintain Call Boxes. the
Need to Maintain and Possible Other Motorist Aid Services. In October, 2005, the Kern Council of
Governments agreed to form an ad-hoc committee to decide how to address the question of
upgrading the network of call boxes throughout the region. The question is whether to maintain all of
them, maintain the units with the highest call density routes, or eliminate the system altogether and
provide a different type of service. In November, 2005, the committee recommended the gathering of
public input. As the City's representative, Council member Couch requested this informal hearing to
provide citizens that opportunity.
DEFERRED BUSINESS
Item 16a. New Positions in Graffiti and Code Enforcement. On February 22, 2006, the City Council
approved one Police Officer, one Maintenance Craftworker in Public Works, and three surveillance
camera systems to be placed in parks and other areas of town where graffiti is occurring on a regular
basis.
Graffiti-Public Works Call volumes for graffiti removal in January and February increased
significantly, and staff has been having difficulty keeping up with the backlog of calls for service. In
response, staff implemented the first phase of a graffiti eradication effort that was reported to City
Council on March 8, 2006. Staff is recommending a second phase of enhancements in the areas of
eradication and enforcement, which includes adding an additional shift of workers and equipment.
The existing crew would continue to work a five-day work week; the second crew would work four,
ten-hour days, including Saturday and Sundays. In total, Public Works Graffiti is requesting four (4)
additional Maintenance Craftworker positions.
The ongoing annual cost of the second phase for personnel, equipment rental and maintenance,
paint, and materials is $400,000. The cost in the current fiscal year for the remaining 3 months is
$100,000. The second phase would also require adding two paint trucks and two pressure wash
trucks and related equipment at a cost of $350,000. Since this plan includes a change in shifts. we
would need to have discussions with the Blue and White Employee's Union. The additional positions
and the annual costs related to them will be included in the FY 06-07 Budget.
Graffiti-Police The addition of the one Police Officer position gave Police a total of two
officers in the Graffiti Habitual Offender Suppression Team or GHOST. In March, the Police Chief
decided to reassign two detectives to Graffiti, increasing the complement total to four.
The Police Department has indicated that an education and community outreach element is missing in
our approach to the Graffiti problem. Much of the work done by GHOST involves investigation after
the offense has been committed. Therefore, the Police Department proposes adding one full-time
Community Relations Specialist to GHOST to work with local schools, educational institutions and
school resource officers to develop and deliver prevention based programs, coordinate intervention
efforts for juvenile offenders, address education and prevention programs through neighborhood
watch, business watch, and media relations; as well as contacting and educating merchants who
stock and sell spray paint to coordinate compliance efforts to minimize the availability of paint to
taggers. The cost of the Community Relations Specialist position for the remainder of the year is
Agenda Highlights
April 5. 2006
Page 4
$23,000. The annual cost of the position including benefits is $92,000. This position, if approved by
the City Council, would be added to the Police staff complement in the FY 06-07 Budget.
Code Enforcement This past year, the Code Enforcement section was reinstated to its full
FY 02-03 position complement, and as a result, staff has been able to address citizen initiated calls
for service and complaints. A Clerk-Typist has been temporarily assigned to assist with processing
paper work associated with the increase in activity, answering phones and assisting the public at the
counter.
Code Enforcement is trying to work in conjunction with the Police Department to target areas of high
crime incidences for pro-active enforcement. To accomplish this, staff proposes the hiring of five (5)
part-time Code Enforcement Officer I positions, which would be replaced with full-time positions,
pending approval of the request as part of the FY 06-07 Budget. We also request that a full-time
Clerk-Typist position be added to assist with paperwork and administrative functions. The cost of the
five Code Enforcement Officer positions and the Clerk-Typist position for the remainder of the year is
$138.000. The one-time cost for trucks and computer equipment for these positions is $130,000.
Conclusion By requesting all of the above positions and equipment now, we can get a head
start on the recruitment process and have people hired sometime after July 1, 2006, rather than
having to wait until that time to get start the process.
NEW BUSINESS
Item 17a. Resolution Aqreeinq to the Formation of the Propertv-Based Business Improvement
District in Downtown Bakersfield (PBID); and Authorizinq the Mavor to Siqn the Petition on Behalf of
the City Aqreeinq to be Included Therein. A PBID is a self-imposed and self-governed benefit
assessment district that finances enhanced services such as safety, maintenance, and
communication programs in the area of benefit. The PBID in Downtown Bakersfield would create a
district with a five-year life beginning January 1, 2007 and ending December 31, 2011. After this
period, the process would need to be repeated for the district to continue.
Property owners must submit a signed petition to the City Council asking for the PBID to be created.
PBID formation requires submission of petitions from property owners representing more than 50% of
total assessments of the area evidencing a weighted majority in favor of the assessment. If the
petition drive is successful, ballots will be mailed to all property owners. The outcome of the election
would be determined at a public hearing of the City Council.
This is a five-year commitment for all parties. The City's portion of the proposed assessment is
$47,988.23 per year for 5 years for 17 parcels, and must be signed by a representative of the City.
The entire PBID consists of approximately 523 owners representing 900 parcels. All property owners
in the PBID are assessed, including governments, schools, non-profits and churches.
Assessments are calculated using square footage variables. The PBID is divided into three zones of
benefit. The two centralized zones 1 and 2 pay higher rates than the outer zone 3. PBID area
boundaries are generally Garces Circle to the north. the Burlington Northern Santa Fe railroad tracks
to the south. "F" Street to west and "V" Street to the east. Specific services, which are detailed in the
administrative report, would augment current and future City services, such as maintenance districts.
A newly created private non-profit corporation, Bakersfield Downtown Management Corporation, will
be responsible for the annual PBID budgets and its operational policies. Annual and quarterly reports
will be filed with the City. To allow for modest rising costs, aassessments maybe increased up to 5%
in any given year as directed by the Board of Directors.
Agenda Highlights
April 5, 2006
Page 5
The following is the proposed schedule to form the PBID. This is all based on the premise that it will
be formed this year with assessment revenues received in January 2007.
DBA Petition drive ends
City Council petition approval/Prop 218 Ballot
Ballots mailed out
City Council public hearing
City submits assessments to County
Assessments revenue received, services begin
May 12, 2006
May 24, 2006
by May 31, 2006
July 19, 2006
by August 10, 2006
January 2007
We did receive a call from a downtown property owner who is in opposition.
Approved:
Alan Tandy, City Manager
ftT/d
/
cc: Department Heads
Rhonda Smiley, Public Relations
City Manager's File
City Clerk's Office
News Media File
ADMINISTRATIVE REPORT·
MEETING DATE: April 5, 2006
AGENDA SECTION: Closed Session
ITEM: L.j. /1..
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
March 22, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel - Initiation of litigation
Pursuant to subdivision (c) of Government Code section 54956.9 - one case
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S:ICQUNCIL ICI SesslAdminsIOS-06\04-0S-Q6Initiate.doc
3/22/2006
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Closed Session
ITEM: 1.\. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 22, 2006
DEPARTMENT HEAD
APPROVED
vC-
CITY ATTORNEY
CITY MANAGER
SUBJECT: Conference with Legal Counsel- Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
· Wible Road Action Group, et al v. City of Bakersfield, et al;
KCSC Case No. S-1500-CV-256686-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:\COUNCIL \CI SesslAdmlns\05-06\04-05-06Existlit.doc
ADMINISTRATIVE REPORT
MEETING DATE: AprilS, 2006
AGENDA SECTION: Presentations
ITEM: tJ.o".
TO: Honorable Mayor and City Council
FROM:
DATE:
Mayor Harvey L. Hall
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
March 24, 2006
SUBJECT: Presentation by Mayor Hall of Proclamation to Judy L. Normoyle,
OneLegacy, proclaiming April, 2006, as "National Donate Life Month".
RECOMMENDATION:
BACKGROUND:
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March 24. 2006. 9:06AM
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ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Presentations
ITEM: c¡ . b .
Mayor Harvey L. Hall
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
D
TO:
FROM:
DATE:
Honorable Mayor and City Council
March 24, 2006
SUBJECT: Presentation by Mayor Hall of Proclamation to Lorena Giambo, 0 the kersfield
Association of Realtors, and Maribel Reyna, of the Economic & Community Development
Department of the City of Bakersfield, proclaiming April, 2006, as "Fair Housing Month".
RECOMMENDATION:
BACKGROUND:
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March 24. 2006. 9:09AM
S:IMAYORIADMIN\2006\FAIR HOUSING MONTH.dot
ADMINISTRATIVE REPORT
MEETING DATE: AprilS, 2006
AGENDA SECTION: Consent Calendar
ITEM: \J ,Ct.
TO:
FROM:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
March 28, 2006
APPROVED
DEPARTMENT HEADfilf ,b~~
CITY ATTORNEY
CITY MANAGER
DATE:
SUBJECT: Approval of minutes of the March 22, 2006 Council Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
"
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ADMINISTRATIVE REPORT
MEETING DATE: April 05, 2006
TO:
Honorable Mayor and City Council
FROM:
DATE:
Nelson K. Smith, Finance Director
March 23, 2006
AGENDA SECTION: Consent Calendar
ITEM: \.;t. b.
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~
SUBJECT: Approval of department payments from March 10, 2006 to March 23, 2006 in the amount of
$7,619,627.19 and self insurance payments from March 10, 2006 to March 23,2006 in the
amount of $154,531.67.
RECOMMENDATION:
Staff recommends approval of payments totaling $7,774,158.86.
BACKGROUND:
RAR
March 23, 2006. 4:07PM
S:\KimGIFonns & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: Id.c...
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
March 22, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: First reading of an ordinance deleting Chapter 1.12 of the Bakersfield Municip
Code in its entirety and adding thereto a new Chapter 1.12 relating to the
establishment of ward boundaries. (All wards)
RECOMMENDATION:
Staff recommends first reading of the ordinance.
BACKGROUND:
The City Council approved new ward boundaries on January 25, 2006. Maps showing the new
boundaries were then used to prepare legal descriptions of each ward. They were merged with
the draft ordinance presented here for first reading and adoption by the City Council.
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ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~.d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
March 24, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: First Reading of an Ordinance Amending Chapter 10.76 of the Bakersfield Munici al Code
Relating to Parades.
RECOMMENDATION:
Legislative and Litigation Committee recommends first reading.
BACKGROUND:
Through the years there have been many requests for parade permits in the City. A good deal of those
requests involved holding parades on residential streets. Accommodating those requests became a major
undertaking for the police department and public works. and negatively impacted the neighborhoods
themselves. At the same time, many requests were made to hold parades off of major streets, such as
White Lane, resulting in closures of large thoroughfares during the parade.
As a result of these concerns, the Legislative and Litigation Committee directed staff to look into amending
the parade ordinance and setting forth specific "corridors" which are available for parade routes. Staff
determined that five "corridors" would serve the City's parade needs well. Those five corridors are: Baker
Street corridor, "F" Street corridor, "L" Street corridor, East California Avenue corridor and the Truxtun
Avenue corridor. Instead of defining the exact parameters of those corridors in the ordinance, the Police
Department has created a parade manual which shows the parameters of each corridor. A parade route
does not have to consume an entire corridor; but these corridors are now the only areas where parades
can be held.
The current ordinance allows parade permit applications to be submitted as little as two days before the
event. This puts tremendous pressure on staff to review the permit and, if it was granted, to make sure
the requisite city departments were notified in time. This ordinance sets forth that applications must be
submitted at least ten days before the parade is scheduled.
The current ordinance has no requirement that businesses along the proposed routes get any notification
regarding upcoming parades. This ordinance adds a section which requires organizers of parades to
attempt to notify business owners on parade routes at least three days prior to a parade to allow the
business owners to make any necessary adjustments for the parade.
JS:do
March 24. 2006, 10:30AM
S:\COUNCILlAdminsI05-06 AdminsIParade Route Revised.doc
,ADMINISTRATIVE REPORT
MEETING DATE: AprilS, 2006
AGENDA SECTION: Consent Calendar
ITEM: Iri.l'..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
APPROVED
March 13, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an Ordinance amending Bakersfield Municipal Code Section §1 12.0S by
adding Annexation No. 483 to Ward S, located South of Panama Lane, east and west
of Old River Road. (Ward S)
RECOMMENDATION:
Staff recommends adoption the Ordinance.
BACKGROUND:
First reading of the Ordinance was given on March 8, 2006.
The Ordinance amends the ward boundary to include Annexation No. 483 into the
corresponding Council Ward. The annexation was approved by LAFCO on November 29,
2OOS. Annexation No. 483 is located along the north side of Panama Lane, east and west of
Old River Road. The site consists of 97 acres of land. The site is currently vacant. The
property owner has requested annexation to receive city services.
DL
Admin\4-5-'l83 Ann 2nd
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ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: I éL f.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
March 22, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Adoption of an ordinance approving the negative declaration and a nding
Section 17.06.020 (Zone Map No. 102-05) 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 % mile west of Coffee
Road (ZC 05-1082 - SmithTECH USA, Inc. representing Oak Tree Development
Co., Inc.) (Ward 4).
RECOMMENDATION:
Staff recommends adoption of ordinance.
BACKGROUND:
First reading of the ordinance was given on March 22, 2006.
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.
dowladmln\4-5-1082
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
TO:
FROM:
DATE:
SUBJECT:
AGENDA SECTION: Consent Calendar
ITEM: \~.a.
J
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Dir. DEPARTMENT HEAD
March 21,2006 CITY ATTORNEY
CITY MANAGER
Adoption of an ordinance approving amendment to Section 17.06.020 (Zone ap 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 % mile
south of Panama Lane (Applicant: Quad-Knopf, Inc.) (File No. 05-1686). (Ward 6)
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on March 22, 2006.
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 26.41acres. No one spoke in opposition to the
project at the Planning Commission hearing.
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
developer will be relocating the canal to generally parallel Gosford Road south from Panama Lane, thus
eliminating the diagonal alignment. For orderty development, the southern portion of the project area is
proposed to be rezoned to R-1 and developed with the adjacent existing R-1 zoned property. The
northem portion of the project site is to be rezoned R-2 and would be developed wit~_the adjacent
existing R-2 zoned land.
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
March 21. 2006, 8:55AM
Jeng I S:\Osneladminl2006\Aprl4-5-1686 2nd.dot
ADMINISTRATIVE REPORT
on 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 as approved under
previous General Plan Amendment 04-0057 on September 28, 2006. The Panama-Gosford EIR was
also 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 Exhibit "A" attached to the resolution.
The Gosford-Panama EIR is on file in the Planning Department.
March 21, 2006. 8:55AM
Jeng I S:\Dana\admln\2006\Apr\4-5-1688 2nd.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: ¡;;J,.h.
TO:
FROM:
DATE:
Honorable Mayor and City Council APPROVED
Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~
March 22, 2006 CITY ATTORNEY
CITY MANAGER
SUBJECT: Resolution approving an application proposing proceedings for nexa ion of
uninhabited territory to the City identified as Annexation No. 466 consisting of 83.47
net acres located north of Snow Road, generally between Allen Road and Calloway
Drive. (Ward 4).
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
The resolution of application proposes proceedings for annexation of uninhabited territory
to the City of Bakersfield. The proposed annexation identified as Annexation No. 466
contains 83.47 net acres. The proposed annexation is adjacent to the City limits and
within the City's Sphere of Influence boundary.
The property owners of the area have consented to annexation. The proposal is to annex
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. "
dl
S:\Admln\4-~ Ann
_.._..~_ ~.. ___ ,>,.__~.,.,,,,.~ ...>._. ,'_M '"'__""'_'__""_'__'_'~"__
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: I':), i.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
CITY MANAGER
March 14, 2006
DEPARTMENT HEAD
CITY ATTORNEY
SUBJECT: A Policy Resolution Adopting a Revised Land Based Financing Policy.
RECOMMENDATION: Budget and Finance Committee recommends adoption of the Resolution.
BACKGROUND: The City has recently entered into development agreements with local land owners
associated with the Old River Ranch and Rosedale Ranch projects. The City also entered into a pre-
annexation agreement with Sun Cal regarding the McAllister Ranch project. Each of these agreements
includes a commitment by the City to provide a mechanism for financing public facilities and/or services
commonly known as Community Facilities Districts (CFD); also known as Mello-Roos Financing.
Community Facility Districts provide developers with an optional financing mechanism to fund public
facilities and services. A special tax is placed on the properties within the district, generally associated
with the repayment of debt incurred by the district to fund the public improvements.
In order for the City to be able to provide this type of financing to these developers the City needs to adopt
an ordinance allowing for the formation of CFD's, and a policy document regarding CFD's to establish
some perimeters and guidelines for the districts. The ordinance document was reviewed by the Budget
and Finance Committee at their February 8, 2006 Committee meeting; had first reading at the February
22, 2006 Council meeting, and the ordinance (#4314) was adopted by Council at their March 8, 2006
meeting.
The Building Industry Association (BIA), along with representatives from the Old River Ranch and
McCallister Ranch developments have provided input and suggestions regarding the policy document.
While not all of their requests were included in the policy document, many of their suggestions were
incorporated into the document.
The Budget and Finance Committee reviewed the draft policy document at their March 8, 2006 committee
meeting and recommended the draft policy be forwarded to the City Council for their consideration and
approval.
nks
P:\Comm Facil OistriclslAdmin - cfd policy.doc
Feb. 24.2006
..._.---.~,.-, -"~'--'--"'~--'-.. _..--.-----,
ADMINISTRATIVE REPORT
MEETING DATE: April 05. 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.;1.. i.
'-'
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD tiY1_
CITY ATTORNEY
CITY MANAGER
FROM:
Raul M. Rojas. Public Works Director
DATE:
March 20,2006
SUBJECT: Resolution authorizing the filing of an application with the Kern Council of 0 emm nts for
allocation of Transportation Development Act funds for Fiscal Year 2006-07 to be utilized
for the maintenance of the Bakersfield Amtrak Station during said fiscal year (Ward 2).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Transportation Development Act (TDA) Funds are administered by the Kern Council of
Governments (Kern COG). TOA Article 4 Public Transportation funds have been used by Kern COG to
address transit problems. Golden Empire Transit and other transit service-oriented organizations have
been receiving these local transit funds to provide for the transportation needs within the City of
Bakersfield. The City of Bakersfield is also eligible for TDA Article 4 Public Transportation funds to offset
maintenance costs for the Bakersfield Amtrak Station.
As the owner of the Amtrak Station, the City is responsible for certain maintenance activities of the site.
These Article 4 Transportation Development Act funds can be used to pay for those maintenance
activities. This Resolution authorizes staff to submit an application for those funds.
G:\ADMINRPT\2006\04-05\Amtrak TDA Funds.doc
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ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~. 1(.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
March 23, 2006
SUBJECT: Resolution Consenting to the Transfer of a Cable Television Franchise fro
to Cebridge Acquisitions, L.P.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
In 1965, the City granted CoxCom, Inc.'s ("Cox") predecessor a non-exclusive cable television franchise.
In 1995, the City memorialized its television franchises with written agreements and adopted an ordinance
setting forth the holders of such franchises. One of those agreements (No. 95-229) was between the City
and Cox Communications Bakersfield, Inc., a subsidiary of Cox.
In December, 2005, Cox notified the City that it had entered into an Asset Purchase Agreement with
Cebridge Acquisition Co., LLC. One of the assets that Cebridge Acquisitions Co., LLC would be acquiring
is the Bakersfield cable television franchise. Pursuant to that Asset Purchase Agreement, Cebridge
Acquisition Co., LLC would assign the franchise to Cebridge Acquisition, LP, doing business as Cebridge
Connections. Cebridge Connections provides cable services to residents and businesses in twenty states.
Pursuant to federal regulations, Cox must inform the Federal Communications Commission of the
proposed transfer of the franchises. Both Agreement No. 95-229 and the City Charter require the City
Council to consent to the assignment of franchise rights. Cox and Cebridge have submitted a binder-full
of documentation regarding the transfer to the City. The City has 120 days to act on the application for
transfer.
After reviewing the documents submitted and supplemental documents requested, staff is convinced that
Cebridge Connections has the financial and technical abilities to provide the same level of service to the
cable televisions subscribers as Cox.
This resolution consents to the transfer on the condition that Cebridge Connections: 1) submits evidence
of legal authority to conduct business in Bakersfield and California; 2) acquires a business tax certificate;
and 3) executes an amendment to Agreement 95-229 accepting all of Cox's rights and obligations related
March 27. 2006, 1 0:02AM
S:\CQUNCll\Admjns\05-06 Admins\cabletransfer .doc
ADMINISTRATIVE REPORT
to the franchise. The transfer will only be effective if the Federal Communications Commission approves
the sale and the Asset Purchase Agreement closes.
The County of Kern approved the transfer in March, 2006.
March 27. 2006. 10:02AM
S:\CQUNCIL\Admins\05·06 Admins\cabletransfer.doc
~...._._. ,"_._---~~.~~,-----
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION:
ITEM: \;;¡, t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Ron Fraze, Fire Chief
1ZApPROVED
DEPARTMENT HEAD !
CITY ATTORNEY
CITY MANAGER
March 23, 2006
SUBJECT: Resolution Adopting Kern County California Multi-Hazard Mitigation Plan
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
In conjunction with the City of Bakersfield and several local government entities, Kern County has
developed a multi-jurisdictional Hazard Mitigation Plan. The purpose of the Plan is to assess risks posed
by hazards and identify ways to reduce those risks. In addition, the Disaster Mitigation Act of 2000 (DMA-
2000) requires local governments to have a Plan to remain eligible for certain grant progrems through the
Federal Emergency Management Agency (FEMA).
In February 2006, FEMA granted preliminary approval contingent on adoption of the Plan by all
participating jurisdictions. In order to receive final approval from FEMA, the City of Bakersfield must
approve a Resolution that adopts the Plan as an official plan.
March 24. 2006, 4:42PM
S:\Klrk's StulllADMIN for HazMlt Plan.dot
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ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~.m.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 14, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
the
SUBJECT: Sewer Connection Fee Assessments for 2601 Carlita Court (Ward 7):
1. Resolution confirming assessment for sewer connection fee
collection of assessment by the Kern County Tax Collector.
2. Agreement with Mario Meza Garcia & Ronda Meza, 2601 Carlita Court, 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 property owner of the property at 2601 Carlita Court desires to connect her
property to the City sewer system. The property owner claims 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 her 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
G :IGROUPDA 1\ADMINRPT\2006I04-05\2601 CarlitaCt.doc
March 15, 2006, 8:41AM
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;;)..1"\.
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
DATE:
May 15, 2006
SUBJECT: Assessment District No. 06-1, (Etcheverry/Lin II) (Ward 3)
1. Resolution Accepting Petition and Determining to Undertake Special Assessment
Proceedings.
2. Agreement with Wilson & Associates for Assessment Engineering.
3. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services.
4. Agreement with Pillsbury Winthrop Shaw Pittman, LLP, Disclosure Counsel, for
legal services.
RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the Agreements.
BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this
proposed assessment district.
The proposed assessment district has two distinct subareas as follows:
1. Etcheverrv: This subarea is located east of the Friant Kern Canal, south of 7th Standard Road,
west of Calloway Drive and north of Snow Road and is planned for new residential development. It
is proposed that the improvements for this subarea will be constructed by the developer Lennar
Homes of California, Inc. with acquisition of improvements upon completion. The improvements
include the construction of curbs, gutters, sidewalks, grading, street lights, storm drains, block walls
and paving improvements for Tracts 6343 and 6361.
2. Un II: This subarea is located east of Renfro Road, south of Reina, west of Allen and north of
Noriega Road and is planned for new residential development. It is proposed the improvements for
this subarea will be constructed by the developer Lennar Homes of California, Inc. with acquisition
of improvements upon completion. The improvements include the construction of curb, gutters,
sidewalk, bike trail, multi purpose trail, paving, grading, sewer, system, lift station, street lights,
street signs, survey monument encasement, block wall and inner connect conduit improvements
for Tract No. 6453.
Once the agreement is approved, the next step is to prepare the Resolution of Intention and have the
Assessment Engineer start preparing the Preliminary Engineer's Report and a formal Boundary Map.
Jas
March 27, 2006, 10:00AM
G:\GROUPDAT\ADMINRPT\2006~5\AD06-1"'lsonagreement.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: la .0.
TO:
Honorable Mayor and City Council
FROM:
Alan Christensen, Assistant City Manager
DEPARTMENT HEAD
APPROVED
k
.
DATE:
March 24, 2006
CITY ATTORNEY
CITY MANAGER
SUBJECT: Group Home at 5809 Dorset Drive
1. Resolution requesting the State Legislature amend state law pertaining to group
homes.
2. Letter to the Community Care Licensing Division of the State of California to be
signed by the City Council requesting action regarding the group home.
RECOMMENDATION:
Staff recommends adoption of the Resolution and Councilmembers sign the letter.
BACKGROUND:
Approximately eighteen months ago, a group home housing three autistic juveniles was established at
5809 Dorset Drive. Almost immediately, the neighbors of the group home began to have very unpleasant
experiences, ranging from having one of the residents of the group home try to force their way into a
neighboring home to a resident standing in the of the street in the middle of the night screaming at the top
of their lungs. On approximately forty occasions, the police department was called out to that location.
The neighbors have attempted to seek resolution of the issues at the local level with the representative of
California Mentor, the entity which runs the group home.
At the March 8, 2006, City Council meeting, several neighbors spoke and requested the Council's
assistance with the problems. Since that time, City staff has made attempts to contact group home
management and the state agency that oversees group homes and encourage them to communicate with
the residents. One contact was made with the group home, but no contact was made with the residents.
A few weeks later, representatives from the Group home and the state of California contacted the City.
Staff communicated to both that we are advocating on behalf of the residents, who feel like they have
nowhere to turn for help. The State representative has indicated a willingness to have a meeting with the
City and other parties involved with the group home. City staff is very appreciative of the offer to meet, but
insists that a representative from the community be invited or little will be accomplished by the meeting.
March 24. 2006. 1 :22PM
C:\DOCUME-1 lachristelLOCALS-1 ITemplgrouphome.doc
ADMINISTRATIVE REPORT
Research into the law regarding group homes indicates that there are many protections for the residents
of the group home and no protections for the surrounding neighborhood - there is no formal mechanism
for the neighbors of a group home to voice any concerns about the conditions of the home or how the
home is impacting the neighborhood.
The resolution will request the legislature to look into amending state law to ensure that the neighborhood
in which a group home is located is afforded similar protections when the residents of the group home
create a situation which is unbearable for the neighborhood.
Similarly, the letter to Community Care Licensing Division is designed to bring the situation on Dorset
Drive to the attention of the entity that controls the licensing of the home. It is staff's intention to bring all
of the affected parties together to resolve the issues once and for all.
Staff recommends adoption of the resolution and approval for the Mayor and City Council to sign the letter.
Js:js
'It
March 24. 2006. 1 :22PM
C:\oOCUME-1IachristellOCAlS-1ITemplgrouphome.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~.D.
.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
,M
(/
March 23, 2006
SUBJECT: Resolution establishing Traffic Signal Maintenance District TS-14, (Ming, ou
confirming the assessments, approving Public Works Director's Report an
collection of assessments by the Kern County Tax Collector. (Ward 5)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: On March 22, 2006 the Council adopted Resolution of Intention No. 1442 to estabiish
Traffic Signal Maintenance District No. TS-14, (Ming, South Allen SE) 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 Traffic Signal 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 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. An example copy of this covenant is
attached for reference.
mr
TS-14REstOS-Q6.dot
.. -~---,._----..._.._.._--_._~_..,_.._~-,--_.-._."-_.._".~.-
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM:
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
March 13,2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
ArROVED
¡1<
SUBJECT: Resolution of Intention No. 1436 to add territory, Area 4-44 (Chester Aven e,2 th to Garces
Circle) to the Consolidated Maintenance District, preliminarily adopting, co firming and
approving Public Works Director's Report and setting time and place for hearing protests to
the proposed addition of territory. (Ward 2)
RECOMMENDATION: Staff recommends adoption of the Resolution.
BACKGROUND: The City is proposing to install street landscaping in Chester Avenue between 24'h
Street and Garces Circle. To provide for the maintenance of the street landscaping this resolution
proposes to add territory (Area 4-44, Chester Avenue, 24th to Garces Circle) to the Consolidated
Maintenance District. Area 4-44 is generally bounded by Garces Circle on the north, K Street on the east,
24th Street on the south and Eye Street on the west. This area will be under the streetscape zone öf
benefit and when street landscaping has been installed, assessed an amount for street tier 4.
The Resolution sets the date of May 24, 2006 for the protest hearing.
jas
G:\GROUPDA 1ìADMI NRPT\2006\04-05\MD4-44Roi06.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: ~,r.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
~1_
March 22, 2006
SUBJECT: Resolution of Intention No. 1443 to add territory, Area 2-32 (District, Stin an
Consolidated Maintenance District and preliminarily adopting, confirming an
Public Works Director's Report. (Ward 6).
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel
Map Waiver No. 05-1325 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 2-32 is generally bounded by a line
approximately 410 feet north of District Boulevard on the north, a line approximately 1,460 feet west of
Grissom Street on the east, District Boulevard on the south and a line approximately 1,690 feet west of
Grissom Street on the west. This area will be under the park and streetscape zones of benefit and will be
assigned appropriate tier levels when a park has been constructed and street landscaping has been
installed.
Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City
Council meeting.
The City of Bakersfield has received a letter from the owner of the property described above which waives
the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to
expedite the maintenance district process to satisfy the subdivision requirement. The owner also has
submitted a Proposition 218 ballot indicating his consent to the assessments.
In order to provide future property owners with disclosure regarding the inclusion of land in the
Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a
covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel
map waiver. A copy of this covenant is attached for reference.
mr
March 22. 2006. 8:34AM
MD2-32Ri05.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: \.;(.5.
TO: Honorable Mayor and City Council
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
March 20, 2006
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreements with Morningstar Estates, LLC, for ract 5667
located north of Campus Park Drive and east of Mountain Vista Drive. (Ward 5)
(2) Final Map and Improvement Agreements with Centex Homes for Tract 6349 Phase 2,
located west of Buena Vista Road and north of Panama Lane. (Ward 5)
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 REVIEW.
March 21. 2006. 9:41AM
G:\GROUPDAT\ADMINRPT\20Q6\04-05\MAP AND IMPROVEMENT AGR.dot
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: I~. t.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson Smith, Finance Director
APPROVED
DEPARTMENT HEAD---Lf/:1
CITY ATTORNEY
CITY MANAGER
March 22, 2006
SUBJECT: Amendment NO.2 to Agreement No. 05-152 with Pavement Recycling Systems, Inc.
($400,000.00, revised not to exceed $1,400,000.00 and extending term for one (1) year) for
cold planing for the Streets Division. (City Wide)
RECOMMENDATION: Staff recommends approval of amendment to the Agreement.
BACKGROUND: On April·13, 2005, Council awarded the annual contract for cold planing for the Streets
Division to Pavement Recycling Systems, Inc. On October 25, 2005, Council approved Amendment No.1
adding $600,000 to the contract to accommodate the accelerated level of work in the 2005 resurfacing
season. The Agreement expires on April 12, 2006, however, the Agreement allows for a one (1) year
extension if all parties agree. City staff and Pavement Recycling Systems, 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
OW
S:\PURCHIADMIN\Amendment #2 to Agreement No. 05-152, Pavement Recycling Systems. Inc.. AC Cold Planing, April 5, 2006.doc
March 22. 2006. 3:43PM
. "'-"'- ._..... - -.-.-. ._._- -... "'-'--~-~---""--'-- --.." .'-'--"~-~---
ADMINISTRATIVE REPORT
MEETING DATE: AprilS, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.:>.I..l.
TO: Honorable Mayor and City Council
FROM:
Raul Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
DATE:
March 13, 2006
SUBJECT: Accept bid to award contract to Loop Electric Inc. ($110,194.80) for the raffic Signal and
Lighting System Installation at the Intersection of Ming Avenue and Grand Lakes Avenue
(Wards 4 and 5).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The project consists of a complete traffic signal and lighting system installation, and
reconstructing access ramps to meet current ADA requirements. This project is funded entirely with
Transportation Development Funds. The Engineer's Estimate for this construction contract was $98,000.
Sufficient funds are budgeted to award this contract.
On March 1, 2006, three acceptable bids were received as follows:
Loop Electric Incorporated
7040 Downing Avenue
Bakersfield, California 93308 (County)
in the amount of
$110,194.80
A-C Electric Company
315 30th Street
Bakersfield, CA 93303 (City)
in the amount of
$110,660.00
TES Electrical Contractors Incorporated
5306 Aldrin Court
Bakersfield, CA 93313 (City)
in the amount of
$112,000.00
lco - pwlenglneering
March 20. 2006. 4:35PM
G:\GROUPDA1\ADMINRPn2006l04-05\TS INSTALlATION MING AT GRAND LAKES.doc
ADMINISTRATIVE REPORT
MEETING DATE: AprilS, 2006
AGENDA SECTION: Consent Calendar
ITEM: ¡;¡'.v,
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
March 13. 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
AP~VED
SUBJECT: Accept bid to award contract to TES Electrical Contractors Inc. ($105,80 ) for the Traffic
Signal and Lighting System Installation at the Intersection of Olive Drive and Riverlakes
Drive (Ward 4).
RECOMMENDATION: Staff recommends acceptance of low bid and award of contract.
BACKGROUND: The project consists of a complete traffic signal and lighting system installation,
providing traffic signal synchronization between signals, and reconstructing access ramps to meet current
ADA requirements. This project is funded entirely with Transportation Development Funds. The
Engineer's Estimate for this construction contract was $90,000. Sufficient funds are budgeted to award
this contract.
On March 8, 2006, three acceptable bids were received as follows:
TES Electrical Contractors Incorporated
5306 Aldrin Court
Bakersfield, CA 93313 (City)
in the amount of
$105,800.00
Loop Electric Incorporated
7040 Downing Avenue
Bakersfield, California 93308 (County)
in the amount of
$108,974.00
A-C Electric Company
315 30" Street
Bakersfield, CA 93303 (City)
in the amount of
$110,871.00
105 - pw/engineerlng
March 20. 2006. 4:36PM
G:\GROUPDA1iADMINRPT\2OO6104-05\TS INSTALLATION OLIVE AT RIVERlAKES.doc
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: \~.w'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ,/'/;5
CITY ATTORNEY
CITY MANAGER
March 22, 2006
SUBJECT: Accept bid to award the Annual Contract for Water Meters for the Water Resou ces
Department to National Waterworks, Bakersfield, in the not to exceed budgeted amount of
$250,000.00. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to eight (8) suppliers for the Annual Contract for Water
Meters for the Water Resources Department. Four (4) complete bids were received. The lowest overall
bid based on unit prices was submitted by National Waterworks, Bakersfield.
Staff finds the bid to be acceptable and recommends award of the bid to, National Waterworks
Bakersfield.
(Spreadsheet attached)
Purchasing Division
DW
S:\PURCHIADMIN\AC Water Meters. National Water Works, April 5. 2006.doc3/2212006Created on 3/22/2006 3:32:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION:
ITEM: 1.1. y..
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
March 23, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Transfer appropriations of $2,029,640 from the debt service budget wit i the ransient
Occupancy Tax Fund to the Capital Improvement Budget within the Capital Outlay Fund for
various improvements to the Rabobank Convention Center and Arena facilities in
connection with savings generated by the refunding of the 1997 Certificates of Participation.
RECOMMENDATION: Staff recommends approval of the budQet transfer.
BACKGROUND: On February 22, 2006 the City Council approved the action to proceed with the
advanced refunding of the 1997 Certificates of Participation. This debt was originally issued to fund the
construction of the Arena and refinance existing debt of the City and Redevelopment Agency. At the time
of this Council action, potential savings were estimated at approximately $2,000,000.
The refunding transaction was officially completed on March 23, 2006. Actual savings regarding the
refunding project are as follows:
Current Fiscal Year 2005-06
Fiscal Year 2006-07
Remaining years 2007-08 to 2021-22
Total Savings on Debt Refunding
$2,029,640
$ 236.772
$ 84.316
$2.350.728
The capital improvements being proposed for funding with the current year savings include the following:
improvements to the sound system at the convention center, recovering the seats in the convention
center, video screens in the convention center, video display enhancements to the club room and luxury
suites at the arena, and an LED advertising banner in the arena. Some of these items would potentially
increase advertising revenues and enhance fan experience: other capital items would potentially enhance
renewals of the luxury suites or sustain the marketability of the facilities. Staff are currently working on
final cost estimates and formal bidding requirements as needed. Approval of this budget transfer will allow
staff to proceed on some of the smaller projects immediately. The larger projects will come back to
Council in the form of contract approvals and/or award of formal bids.
nks
S:\KimG\Nelson'Admin . arena refi 2006 council bud trans.doc
Feb.9,200e
ADMINISTRATIVE REPORT
MEETING DATE: April 05, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;¡.\(.
FROM:
DATE:
Raul M. Rojas, Public Works Director
March 24, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
SUBJECT: Request for conversion of approved position
Maintenance Craft Worker II.
RECOMMENDATION: Staff recommends approval of conversion request.
BACKGROUND: The position for General Services Coordinator was created to accommodate the return
to work of an injured/disabled employee. The pay scale was established to coincide with his previous
position of Park Maintainer III. a scale considerably lower than other positions in Plant Maintenance. The
primary duty for this position is the coordination of the work request system for the General Services
Division. including scheduling work for the anti-graffiti crews.
The General Services Coordinator position is currently vacant.
In order to maximize efficiency of the graffiti eradication program, the Plant Maintenance Section needs a
lead person to organize volunteers, manage the work order/hotline process and coordinate the daily
activities of City crews responsible for graffiti removal. This position would also assist the Supervisor II as
needed.
Staff requests approval to convert the vacant General Services Coordinator position to a Maintenance
Craft Worker II position. No additional vehicle, equipment, cell phone or computer will be required.
Estimated cost associated with this request is $2,100 for the remainder of this fiscal year. This can be
absorbed through anticipated budgetary savings in the Public Works Department.
G:\GROUPDA TlADMINRPT\2006\04-05\MCWll.doc
~_,__ .___,______...__._______.'.,'__ _.'" ..___._,~_~_ '__.m._m
ADMINISTRATIVE REPORT
MEETING DATE:
April 5, 2006
AGENDA SECTION: Hearings
ITEM NO: II{.it.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director
March 27, 2006
APPROVED
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public hearing to consider appeals by A & E Union, Inc., Fletch Waggoner on behalf C a
Club Fairways Homeowners Association, and Pulte Homes upholding the Planning Commissi n's
decision, to uphold the Development Services Director's approval of a compliance review of a
185-unit multiple family project on 19.07 acres zoned R-2, located at 14801 Casa Club Drive
(Limited Multiple Family Residential). (OWner/Developer: Andy Fuller) (File No. SPR 05-1641)
(Ward 3)
1. Resolution upholding the Planning Commission's decision to uphold the Development
Services Director's approval and add a condition concerning secondary emergency
access, and denying the appeal by A & E Union, Fletch Waggoner and Pulte Homes.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The Development Services Director held a public hearing and approved the site plan on December 15,
2005. The Director's decision was appealed to the Planning Commission, who heard the appeal on
February 2, 2006. At the appeal hearing, Mr. Fletch Waggoner submitted a letter and was the only person to
speak in opposition to the project. The Commission also received letters in opposition from A & E Union,
Inc. and Pulte Homes. Mr. Justin VanMullen speaking on behalf of the applicant Mr. Andy Fuller spoke in
support of the project and presented a slide show.
The applicant proposes to construct a 185-unit multiple family project on a 19.07 acre site zoned R-2 (Limited
Multiple Family Residential). The project will consist of 2-story detached dwelling units designed with
SpanishlMediterranean architecture, and includes a community swimming pool with an outdoor dining area,
guest parking and open space areas. Access is provided along both Casa Club Drive and Donaldo Street, both
private streets within the Rio Bravo County Club planned community. The nearest public street is Miramonte
Drive approximately 1/3rd of a mile to the west. The applicant has also filed a tentative tract map for
condominium purposes (requires separate Planning Commission action) that will permit the sale of each unit in
the development.
An appeal of a site plan is limited to whether or not an adopted development standard, zoning regulation, or
pOlicy applied or not applied to the project was done consistent with city ordinance. The City Council's authority
regarding the appeal is limited to the specific issues identified by the appellants. All other conditions and items
not appealed that were approved by the Planning Commission and Development Services Director remain in full
force and effect.
Jeggert
Admin\4-5-spr1641
ADMINISTRATIVE REPORT
page 2
The Planning Commission considered five specific issues that included secondary access, orderly development,
burden upon the existing homeowner's associations, project design and density, and access locations. The
Commission upheld the Development Service's decision regarding all of these issues but added two conditions
to the Fire Department's requirements concarning emergency access. Those conditions (items C.4 and C.5 in
the Council's resolution), require that secondary access to the south to Miramonte Drive be available before
building permits are issued, and that the applicant develop an enforcement program to prohibit vehicles from
parking within the development's private drives to maintain appropriate emergency access to each unit. The
Commission agreed with all other findings contained in the staff report and denied the appeal.
The appeal before the City Council concerns secondary access, fire accessibility within the project site, and area
compatibility. Mr. Waggoner's additional discussion about the block wall was heard in 2005 by the Board of
Zoning Adjustment under separate permit; however, since no appeal was filed at that time and those appeal
rights expired prior to submittal of this site plan application, it cannot be considered at this hearing. The
applicant's legal counsel Ms. Teri Bjorn has included a letter addressing each of the arguments made by the
respective appellants.
The appellants have not provided any new evidence in their appeal letters to dispute the Planning Commission's
findings and decision. Secondary access will be provided before building permits will be issued, which is
consistent with recent tract map approvals in the area. The Fire Department commented at the Commission's
hearing that the two added conditions were acceptable in meeting their concerns for fire access. Although the
streets within Rio Bravo are private, the Commission's approval provides for appropriate accesses that satisfy
minimum health and safety concerns. The Commission noted, however, that the city could not legally restrict who
may use those private streets, as enforcement is civil matter that must be pursued by the homeowners
association.
Regarding the project's compatibility with area development, the Commission found the project was consistent
with the design and density of other existing projects in the Rio Bravo community. Again, no new evidence has
been provided to the contrary. Therefore, since appropriate access must be available for use before the applicant
can obtain building permits, and that the Planning Commission and Development SeMces Director have correctly
applied the adopted ordinances and policies to the project, the decision to approve the project should be upheld
and the appeals denied.
Jeggert
Admin\4-S-sprl641
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Hearings
ITEM: 14.b,
DATE:
Pamela McCarthy, City Clerk
March 24, 2006
APPROVED
DEPARTMENT HEA61t~ ~ !t\
TO:
FROM:
Honorable Mayor and City Council
CITY MANAGER
CITY ATTORNEY
SUBJECT: Hearing to receive Public Comment regarding the costs to maintain call b
provide other motorist aid services, or eliminate the system.
RECOMMENDATION:
Staff recommends acceptance of public comment.
BACKGROUND:
In October 2005, Kern Council of Governments agreed to form an ad-hoc committee to decide how to
address the question of whether to upgrade the network of 574 call boxes throughout the region. The
issue before the agency is whether to maintain the call box network's entire 574 units, maintain only those
units on the highest call density routes, or to eliminate the system altogether and provided a different type
of motorist aid service. In November 2005, the committee recommended that a public outreach effort be
engaged to guarantee public input on the issue.
As the City's representative, Councilmember Couch has requested the Council hold and informal hearing
to provide the Citizens of Bakersfield an opportunity to express their opinions.
S:\Council\admins\2006\Apr 5 Hearing.DOT
pmc
ADMINISTRATIVE REPORT
MEETING DATE: April 5, 2006
AGENDA SECTION: Consent Calendar
ITEM: Itv. tL .
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DATE:
March 22, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~
Alan Christensen, Assistant City Manager
1) Authorize four (4) Maintenance Craftworker I positions in Public Works (G
SUBJECT: New Positions in Graffiti and Code Enforcement
2) Authorize one (1) Community Relations Specialist position in Police (Graffiti)
3) Authorize five (5) Code Enforcement Officer I positions and one (1) Clerk-Typist I
position in Development Services
4) Appropriate $261,000 General Fund Balance to the Building Department Operating
Budget ($138,000), the Police Operating Budget ($23,000), the Public Works
General Services Operating Budget ($100,000), within the General Fund for salaries
and related benefits.
5) Appropriate and Transfer $500,000 General Fund balance to the Capital
Improvement budget within the Equipment Management Fund for the purchase of
related vehicles and equipment.
RECOMMENDATION:
Staff recommends approval
BACKGROUND:
Graffiti-Public Works
Graffiti vandalism continues to grow, along with calls to the city to remove the Graffiti. In particular, graffiti
is more visibly apparent in the city's parks and streetscape walks. To combat this problem, on February
22, 2006, the City Council approved one Police Officer, one Maintenance Craftworker in Public Works,
and three surveillance cameras systems to be placed in parks and other areas of town where graffiti is
occurring on a regular basis. The Police Officer is part of the Police Department's Graffiti Habitual
Offender Suppression Team or GHOST.
Call volumes for graffiti removal in January and February increased and staff was having difficulty keeping
up with the backlog of calls for service. In response, staff implemented the first phase of a graffiti
eradication effort that was reported to City Council on March 8, 2006. It included working crews overtime,
extending hours during the week, and working on Saturdays and Sundays. That effort is still in place and
March 30. 2006, 3:57PM
SC:\Documents and Settings\achriste\Desktop\To be Filed\Code Enf-Graffiti positions 040506.doc
ADMINISTRATIVE REPORT
is proving effective in decreasing the backlog of calls. Statistics providing an overview of the impacts of
overtime and extended hours are attached.
Graffiti service requests continue to grow in spite of assigning additional resources to that function.
Therefore, staff is recommending a second phase of enhancements to the Graffiti program in the areas of
eradication and enforcement. The second phase includes adding an additional shift of workers and
equipment to the Graffiti Division. The existing crew would continue to work a five-day work week; the
second crew would work four, ten-hour days, including Saturday and Sundays. In total, Public Works
Graffiti is requesting four (4) additional Maintenance Craftworker positions.
The ongoing annual cost of the second phase for personnel, equipment rental and maintenance, paint,
and materials is $400,000. The cost in the current fiscal year for the remaining 3 months is $100,000.
The second phase would also require adding two paint trucks and two pressure wash trucks and related
equipment at a cost of $350,000. Since this plan includes a change in shifts, we would need to have
discussions with the Blue and White Employee's Union to work out details of a shift change.
The additional positions and the annual costs related to them will be included in the FY 06-07 Budget.
Graffiti-Police
On February 22, 2006, the City Councii approved one Police Officer position which would be dedicated to
graffiti enforcement. That gave Police a total of two officers in GraffitI. In March, the Police Chief decided
to reassign two detectives to Graffiti, increasing the complement total to four.
The Police Department has indicated that an education and community outreach element is missing in our
approach to the Graffiti problem. Much of the work done by GHOST involves investigation after the graffiti
offense has been committed. Therefore, the Police Department proposes adding one full-time Community
Relations Specialist to GHOST as a proactive approach to combating graffitI. The Community Relations
Specialist will work with local schools, educational institutions and school resource officers to develop and
deliver prevention based programs and coordinate intervention efforts for these juvenile offenders who are
beginning to commit graffiti offenses. The position will also address education and prevention programs
through neighborhood watch, business watch, and media relations; as well as contacting and educating
merchants who stock and sell spray paint to coordinate compliance efforts to minimize the avaiiability of
paint to taggers and graffiti crews.
The cost of the Community Relations Specialist position for the remainder of the year is $23,000. The
annual cost of the position including benefits is $92,000. There will be one-time costs of $20,000 for a
vehicle and computer for the position. This position, if approved by the City Council. would be added to
the Police staff complement in the FY 06-07 Budget.
Code Enforcement
This past year the Code Enforcement section was reinstated to its full FY 02-03 position complement, and
as a result, staff has been able to address citizen initiated calls for service and complaints. A Clerk-Typist
from Permitting and Plan Checking has been temporariiy assigned to assist Code Enforcement with the
processing paper work associated with the increase in activity, answering phones and assisting the public
at the counter.
Responses to calls for service are still being prioritized based upon the severity of health and safety
concerns. Whiie staff has been able to address citizen initiated calis for service, at this time Code
Enforcement has only been able to provide limited proactive enforcement. Code Enforcement is trying to
March 30, 2006, 3:57PM
SC:\Oocuments and Settings\achriste\Desktop\To be Filed\Code Enf-Graffiti positions 040506.doc
ADMINISTRATIVE REPORT
work in conjunction with the Police Department to target areas of high crime incidences for the current pro-
active enforcement. Unfortunately with current staffing levels, we are still not able to make a true
difference in addressing the volume of violations. This is evident throughout the City, particularly with
weed control, abating junk, trash and debris violations. Sign violations, sidewalk vendors and long-term
yard sales are also becoming more prevalent throughout the city and need to be addressed.
It is clear that additional staffing is one element of the solution. So we propose the City Council approve
hiring five (5) Code Enforcement Officer I positions. Until the full-time positions can be filled, part-time
workers will be hired to help immediately reduce the workload. These positions along with equipment and
computers will be included in the staff complement for the FY 06-07 Budget. We also request that a full-
time Clerk-Typist position be added to assist with paperwork and administrative functions in Code
Enforcement.
The cost of the five Code Enforcement Officer positions and the Clerk-Typist position for the remainder of
the year is $138,000. The one-time cost for trucks and computer equipment for these positions is
$130,000.
Conclusion
The above recommended actions are really budget items that are being brought to you early so that
service results are produced as quickly as possible without having to wait for the FY 06-07 Budget to be
adopted. It will take 3 to 4 months to recruit for the positions and for delivery of trucks and related
equipment. By requesting the positions and equipment now we can get a head start on that process and
have people hired sometime after July 1, 2006, rather than having to wait until that time to start the
process.
The total uplift for eleven (11) positions and all related ongoing expenses that will reflect in the FY 06-07
Budget is $891,940. A more detailed analysis of the annual and one-time costs associated with this
request is attached.
March 30. 2006. 3:57PM
SC:\Documents and Settings\achriste\Desktop\To be Filed\Code Enf-Graffiti positions 040506.doc
"ø.'~ A'--'-~'"
(~, ADMINISTRATIVE REPORT
~,.1 to' "'.";:,:-'
'''/''Q¡;~~->
MEETING DATE: AprilS, 2006
AGENDA SECTION: New Business
ITEM: \'1.0....
TO:
FROM:
Honorable Mayor and City Council
CITY MANAGER
Donna L. Kunz, Economic Development Director
DATE:
March 28, 2006
SUBJECT: A Resolution Agreeing to the Formation of the Downtown Business Improve ent IStrict
and Authorizing the Mayor to Sign the Petition on Behalf of the City Agreeing to be In luded
Therein. (Ward 2)
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND:
Several months ago, the Downtown Business and Property Owners Association (DBA) retained Urban
Place Consulting Group, Inc. to assist them in creating a property-based business improvement district
(PBID) in Downtown Bakersfield. A PBID is a self-imposed and self governed benefit assessment district
that finances enhanced services such as safety, maintenance, and communication programs in the area of
benefit. These services will not replace any existing services but would enhance them. The PBID in
Downtown Bakersfield would create a district with a five-year lite beginning January 1, 2007 and ending
December 31,2011. After this period, the process would need to be repeated for the district to continue.
In order to establish the PBID, property owners must submit a signed petition to the City Council asking for
the PBID to be created. PBID formation requires submission of petitions from property owners
representing more than 50% of total assessments of the area evidencing a weighted majority in favor of
the assessment. If the petition drive is successful, ballots will be mailed to all property owners to vote for
or against the PBID proposal. The outcome of the election would be determined at a public hearing of the
City Council.
This is a five-year commitment for all parties. The attached petition form reflects the City's porillon of the
proposed assessment at an amount of $47,988.23 per year for 5 years for 17 parcels and must be signed
by a representative of the City. The entire PBID consists of approximately 523 owners representing 900
parcels. All property owners in the PBID are assessed, including governments, schools, non-profits and
churches.
C:lOOCUME-1\dscanlanILOCAlS-1\TempIPBID Pet~ian Form .doc
3/28/200611:31 AM -
ADMINISTRATIVE REPORT
Page 2
Assessments are calculated using three variables: linear front footage, building square footage and lot
area square footage is used in the calculation. Linear front footage is used as the assessment variable for
maintenance. Building and lot square footage is used as the assessment variable for security,
communication/development, administration, special projects and contingency. The PBID is divided into
three zones of benefit. The two centralized zones 1 and 2 pay higher rates than the outer zone 3.
PBID area boundaries are generally Garces Circle to the north, the Burlington Northern Santa Fe railroad
tracks to the south, MF" Street to west and My" Street to the east.
The PBID budget established for the first year is $916,882, and includes the following services which are
outlined in the district management plan:
· Safety Program- Day Time Bicycle/Walking Patrol and Night Time Patrol (Zone 1 & 2).
· Maintenance Program- 5 day a week Trash pick-up, graffiti/sticker removal (w/in 24 hr.), pressure
washing and 6 day a week sidewalk sweeping (Zone 1 & 2).
· Communication/Development Program- Image and communication programs and economic
development programs for Downtown Bakersfield.
· Administration- Provides for a professional staff to oversee the day to day operations and
implement programs.
· Special Projects-To be used to supplement other existing programs or to leverage grant money
for downtown.
The PBID services would augment current and future City services, i.e. maintenance districts.
A newty created private non-profit corporation, Bakersfield Downtown Management Corporation, will be
responsible for the annual PBID budgets and its operational policies as directed in the Management
District Plan. Annual and quarterly reports will be filed with the City. The new corporation will contract for
services and employ a few key administrators. To allow for modest rising costs, aassessments maybe
increased up to 5% in any given year as directed by the Board of Directors.
The following is the proposed schedule to form the PBID. This is all based on the premise that it will be
formed this year with assessment revenues received in January 2007.
DBA Petition drive ends
City Council petition approval/Prop 218 Ballot
Ballots mailed out
City Council public hearing
City submits assessments to County
Assessments revenue received, services begin
May 12, 2006
May 24, 2006
by May 31,2006
July 19, 2006
by August 10, 2006
January 2007
C:\DOCUME-1\dscanlanILOCALS-1\TempIPBID Petition Form_.doc
3/281200611 :31 AM
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 22, 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,
Council members
Scrivner
Vice-Mayor Maggard,
Carson, Benham, Hanson,
Absent:
Couch, Sullivan
2. PUBLIC STATEMENTS
a. Stephanie Campbell spoke regarding item 4.c.3.
3. WORKSHOPS
None.
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/Panama 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).
.-- --.--.---.--- .__..""~~._._-_."- ,.,....-. .--.......-.,..-,.---...,.---.--
Bakersfield, California, March 22, 2006 - Page 2
ACTION TAKEN
City Clerk McCarthy announced this item was being
postponed.
APPROVED
ABS COUCH,
SULLIVAN
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5:21 p.m.
Motion by Vice-Mayor Maggard to adjourn from Closed
Session at 6:45 p.m.
APPROVED
ABS COUCH,
SULLIVAN
RECONVENED MEETING - 6:50 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Hanson,
Scrivner
Absent:
Couch, Sullivan
6. INVOCATION by Pastor Isaac Sandifer, Baker Street Church
of Christ.
7. PLEDGE OF ALLEGIANCE by Ravi Doshi, Highland High
School student.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator, Bill Avery;
Closed Session pursuant to Government Code
Section 54957.6
NO REPORTABLE
ACTION
c.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(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 for the following
cases:
CITY MANAGER
G/VEN DIRECTION
b.
DELETED
1 . Bakersfield Citizens for Local Control v
City/Panama 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).
Bakersfield, California, March 22, 2006 - Page 3
9.
PRESENTATIONS
ACTION TAKEN
a. Presentation by Mayor Hall of Proclamation to Dr. B.
A. Jinadu, Director of Public Health Services, Kem
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-
April 1 ,2006 as "Lions Awareness Week".
Mr. Giuffre accepted the Proclamation and made
comments.
c. Presentation by Vision 2020 of the First Quarter
Update, "Our Future - Our Responsibility".
Kay Pitts, Vision 2020 Update Team, made the
presentation to the Council.
10. PUBLIC STATEMENTS
a. Wesley Crawford spoke regarding the Baker Street
corridor.
b. Matthew Cappuccio and Ravi Doshi spoke
regarding the Mayor's Youth Advisory Council.
c. Daayah Islam and Wesley Crawford spoke
regarding item 4.c3.
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.
Motion by Vice-Mayor Maggard to re-appoint Susan
Stussy to the Historic Preservation Commission, term
expiring March 20, 2009.
APPROVED
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 27, 2006 Joint
City County Meeting and the March 8, 2006,
Regular City Council Meeting.
Bakersfield, California, March 22, 2006 - Page 4
ACTION TAKEN
12.
CONSENT CALENDAR continued
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.)
FR
d
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)
FR
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)
ORD 4335
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)
ORD 4336
-----------_.._'--, .._~_._-_.., .,---,
Bakersfield, California, March 22, 2006 - Page 5
12.
CONSENT CALENDAR continued
g.
Adoption 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)
h.
Adoption of Ordinance approving a Negative
Declaration and amending Section 17.06.020
(Zone Map No. 101-02) 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)
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.
Agreement with Lupe F. & Teressa A.
Acosta to pay sewer connection fee in
installments and notice of special
assessment lien.
2.
j.
Resolution setting salary and related benefits for
officers and employees of the General
Supervisory, Police and Management Units of the
City.
Resolution approving the sale of surplus property
(police batons) to the United States Army.
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.
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.
k.
I.
m.
ACTION TAKEN
ORD 4337
ORD 4338
RES 077-06
AGR 06-075
RES 078-06
RES 079-06
RES 080-06
RES 081-06
"._..___n. _._w._..._ .__'_~'N._·.__'·'_ ~,_~__..,_.__ ----.____.__.
Bakersfield, California, March 22, 2006 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
n. Resolution ordering change of proceedings to RES 082-06
reduce assessments for parcels located in
Assessment District 05-3 (Liberty IINillage
Green/T esoro-Encanto/Lin/Rider/Diamond
Ridge).
o. Resolution establishing Traffic Signal Maintenance RES 083-06
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.
p. Resolution adding territory, Area 3-40 (Berkshire, 99 RES 084-06
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.
q. Resolution adding territory, Area 3-46 (Panama, RES 085-06
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.
r. Resolution adding territory, Area 4-49 (Donaldo, RES 086-06
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.
s. Resolution adding territory, Area 4-50 (3rd, "V" NE) RES 087-06
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, RES 088-06
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.
r_··'____·___·_~·_···_·----.----.....__,· ~.___."_ -___._.____.__.___,_,__.._,_._
Bakersfield. California, March 22, 2006 - Page 7
ACTION TAKEN
12.
CONSENT CALENDAR continued
RES 089-06
u.
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.
Agreements:
ROl1442
v.
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.
REMOVED FOR
SEPARATE
CONSIDERA TION
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:
Amendment NO.1 to Agreement No. 04-323
with Michael Brandman and Associates
($197,950.00) for preparation of an
Environmental Impact Report.
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.
AGR 04-323(1)
1.
2.
AGR 04-102(2)
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Bakersfield, California, March 22, 2006 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
y. Amendment NO.1 to Agreement No. 05-185 with AGR 05-185(1)
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 AGR 00-95(2)
William Avery & Associates, Inc. (not to exceed
$41,200.00 per year) for negotiation and
consultation services for employer-employee
relations.
aa. Contract Change Order NO.6 to Agreement No. 04- AGR 04-399 CC06
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)
bb. Contract Change Order NO.1 to Agreement No. 05- AGR 05-284 CC01
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.
Bids:
cc. Accept bid to award annual contract to Jim Alfter AGR 06-080
Cement Contractor ($200,000.00) for canal
liner repair.
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.
. __.......-..""." _ '._____'__"'eH. ---~-,._-,.,..,--~- ----~-~~~-_._,--
Bakersfield, California, March 22, 2006 - Page 9
12.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
gg. Appropriate $1,000.00 developer's contribution to
General Fund in the Development Services budget
r 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.
it. 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.
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.
II. 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.
Bakersfield, California, March 22, 2006 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
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.
nn. Conversion of existing vacant Deputy City Attorney I
position to two (2) Associate City Attorney positions.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.nn. with the removal of
item 12. w. for separate consideration.
APPROVED ASS
COUCH, SULLIVAN
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.
AGR 06-076
AGR 06-077
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.
AGR 06-078
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.
AGR 06-079
Motion by Councilmember Carson to approve item
12.w.
APPROVED
- -..-....----..---........--..--.'.."- >._~-_._--~-,---
Bakersfield, California, March 22, 2006 - Page 11
13.
CONSENT CALENDAR HEARINGS
ACTION TAKEN
a.
Public Hearing to consider Resolution making
findings and updating the Capital Improvement
Plan for the Metropolitan Bakersfield Habitat
Conservation Plan.
RES 090-06
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.
RES 091-06
Hearings opened at 7:28 p.m.
No one spoke.
Hearings closed at 728 p.m.
Motion by Vice-Mayor Maggard to approve Consent
Calendar Hearings 13.a. and 13.b.
APPROVED ABS
COUCH, SULLIVAN
14. HEARINGS
None
15. REPORTS
None.
16. DEFFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MA VOR AND COUNCIL STATEMENTS
Councilmember Benham requested Police staff
respond to a citizen regarding a burglary on
Brundage Lane and provided contact Information.
Councilmember Benham requested staff brief members
of the Sunset/Oleander Preservation Committee
regarding the potential impacts of the proposed
Centennial Corridor and provided contact information.
Councilmember Benham requested staff address the
issue of tennis shoes on the utility wire in the 700
block of H Street.
Bakersfield, California, March 22,2006 - Page 12
18.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Benham requested the Planning and
Development Committee explore limiting the number
of GPA cycles in coordination with other concepts in
the committee to facilitate streamlining the GPA/Zone
Change processes.
Councilmember Benham wished Bakersfield Californian
reporter James Burger luck as he embarks on his new
assignment as the County correspondent.
Councilmember Carson announced there will be a meeting
of the Safe Neighborhoods and Community Relations
Committee tomorrow. March 23. 2006 at 11:45 a.m.
Councilmember Carson requested Recreation and
Parks staff coordinate with the Southeast Family
Resource Center to provide rental space at MLK for
that organization and report results back to Council.
Councilmember Hanson requested staff contact WinCo
to determine what technology is in use to manage
shopping cart loss and evaluate feasibility of
contacting other grocery store chains to suggest
implementing utilization of the shopping cart
technology.
Councilmember Hanson requested staff evaluate
increasing Code Enforcement staffing levels and
pursue creative ways to pay for the added staff.
Councilmember Hanson requested a list of all fees and
costs involved in new home construction.
Council member Hanson expressed best wishes to James
Burger.
Councilmember Scrivner requested staff provide a
completion date for the expansion of the
roadway from two lanes to four on Panama Lane
between Wible and Stine.
Councilmember Scrivner made comments regarding
expeditious street repairs.
Councilmember Scrivner expressed his support for
additional funds and staffing for Code Enforcement and
Graffiti divisions.
~ --. .~., <........-. _._.~".__.~- . .,>---.-.~-.--~_.,-~,..,_.__._-_.-
Bakersfield, California, March 22, 2006 - Page 13
18.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Carson announced she will be traveling to
Washington D.C. to attend the African-American
Leadership Conference and will breakfast with Senator
Fienstein.
Vice-Mayor Maggard encouraged the City Manager Tandy
to speak with each of the Councilmembers regarding their
budgetary priorities for the coming fiscal year.
Vice-Mayor Maggard requested an update regarding a cat
related issue. Assistant City Manager Christensen
responded.
Vice-Mayor Maggard wished James Burger well.
Vice-Mayor Maggard requested staff address paving
issues on Maywood.
Vice-Mayor Maggard requested an update regarding the
Memorial Tree Grove and thanked the Breakfast Rotary
Club and the Tree Foundation for assistance in planting the
grove. Recreation and Parks Director Hoover responded.
Vice-Mayor Maggard requested an update regarding the
group home on Dorset. Assistant City Manager
Christensen responded.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:55 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
_._____.,>._.._..._..._~-",.,,___._. ,m_ .,,,"_...> ____..~_.__,.~_