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BAKERSFIELD CITY COUNCIL
AGENDA
JUNE 7, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
1. ROLL CALL
2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting)
3. WORKSHOPS
a. Budget Presentation - Rabobank Arena, Theater and Convention Center. (Presentation by
Steve Womack, General Manager)
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) 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. Anthony Campbell, et al v. City, et al.
2. Victoria Rosales, etc. v. City, et al.
3. Elizabeth Ann Peel, et al v. City, et al.
4. Bakersfield Citizens for Local Control v. City/Castle & Cooke.
5. Bakersfield Citizens for Local Control v. City/Panama 99 Properties.
6. John M. Tarabino, et al v. City.
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
6. INVOCATION by Pastor Billy Woods, Hope Christian Center.
7. PLEDGE OF ALLEGIANCE by Latalia Alexander, 5th Grade Student.
8. CLOSED SESSION ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall to the family of former City Councilmember Don Doolin.
10. PUBLIC STATEMENTS
11. APPOINTMENTS
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 15 2006, Budget Meeting and May 24, 2006, Regular City
Council Meeting.
12. CONSENT CALENDAR continued
Payments:
b. Approval of department payments from May 12, 2006 to May 25, 2006 in the amount of
$8,309,225.29 and self insurance payments from May 12, 2006 to May 25, 2006 in the
amount of $121,967.17.
Ordinances:
c. First Reading of Ordinances:
1. Amending Sections 8.80.060, 8.80.080, 8.80.090, 8.80.100, 8.80.110, and deleting
Section 8.80.12 of the Municipal Code relating to nuisance abatement.
2. Amendment Sections 15.04.120, 15.20.010, 15.24.010 and 15.24.020 of the
Municipal Code relating to building and construction issues.
d. Adoption of Ordinance amending Section 14.04.120 of the Municipal Code relating to water
rates and fees. (FR OS/24/06)
iyVard 3,4,5)
e.
Adoption of Ordinance amending Sections 1.12.030, 1.12.040 and 1.12.050 of the Municipal
Code by adding Annexation No. 467 to Ward 3, Annexation Nos. 484 and 490 to Ward 4 and
Annexation No. 440 to Ward 5. (FR OS/24/06)
Resolutions:
f. Resolution opposing Assembly Bill 1899 (Wolk) relating to flood protection assessments for
new developments.
g. Sale of Surplus Real Property located north of Taft Highway and east of Ashe Road:
1. Resolution declaring real property surplus to the needs of the City.
2. Agreement with State of California - Department of Transportation to sell surplus real
property to them for $45,000.00.
h. New Positions, New Job Specification and Change to Salary Schedule:
1. Authorize one (1) Management Assistant position in the City Manager's Office.
2. Authorize one (1) Accounting Clerk 1/11 position in the Human Resources Division.
3. Authorize two (2) Human Resources Analyst I positions in the Human Resources
Division.
4. Amendment NO.3 to Resolution No. 049-06 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting salary
schedule and related benefits for Management Assistant.
5. New Job Specification for Management Assistant.
(Ward 3)
i.
Resolution of Intention No. 1459 to add territory, Area 4-55 (Barbera, Chardonnay NE) to the
Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report.
2
12. CONSENT CALENDAR continued
iyVard 4)
iyVard 3)
iyVard 1)
iyVard 4,5)'
(Ward?)
(WardS) p.
(Ward 6,7) q.
r.
s.
. - upon annexation
Agreements:
j.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements with Ennis Homes, Inc. for Tract 6056
Phases 3 & 6 located east of Jewetta Avenue and north of Reina Road.
2. Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract
6250 Phase 8 located north of Stockdale Highway and west of Jewetta Avenue.
3. Final Map and Improvement Agreement with JP/CP Development, Inc. for Tract 6295
Phase 1 located south of Brimhall Road and east of River Ranch Drive.
k.
Agreement with The Tree Foundation of Kern, which specifies duties and responsibilities of
each party for the planting and maintenance of the Memorial Tree Grove located at Manor
and Denise Streets.
Bakersfield Municipal Airport:
1. Agreement with Richard Macias, Sr. ($40.00 monthly lease fee) for purposes of
constructing an aircraft storage hangar.
2. Agreement with Mark Manda ($40.00 monthly lease fee) for purposes of constructing
an aircraft storage hangar.
General Plan Amendment/Zone Change No. 05-1692 (Flying Seven Ventures, LLC)
bounded by Panama Lane, Allen Road, Taft Highway and Heath Road:
1. Agreement with Flying Seven Ventures, LLC (need amount) for the preparation of an
Environmental Impact Report (EIR) and appropriate $139,969.00 (developer's
contribution) to the Development Services Operating Budget in the General Fund,
2. Agreement with Jones & Stokes Associates, Inc. ($139,969.00) to prepare an EIR for
General Plan Amendment/Zone Change No. 05-1692.
Transportation Impact Fee Agreement with Forum Capital Management, LLC for
improvements on the southeast corner of Panama Lane and Stine Road (estimated impact
fee credit $27,602.00).
o. Agreement with The Charles N. Bikakis Chapter of the Korean War Veterans Association,
Inc. which specifies duties and responsibilities of each party for the provision, installation and
maintenance of a Korean War Memorial located at Jastro Park.
I.
m.
n.
Agreement with Union Pacific Railroad Company ($5,650.00) for street improvements at the
at-grade rail crossing on Union Pacific Railroad Buttonwillow Branch at Mountain Vista Dr.
Agreement with Union Pacific Railroad Company ($4,500.00) for street improvements at the
at-grade rail crossing on the Union Pacific Railroad Buttonwillow Branch at Akers Road.
Agreement with Castle & Cooke, Inc., Bolthouse Properties, LLC and Kern County Water
Agency for land exchange and water development.
Subdivision Plan Checking Services:
1. Amendment NO.1 to Agreement No. 06-019 with Willdan ($100,000.00; total not to
exceed $180,000.00) for plan checking services.
2. Appropriate $100,000.00 additional plan check revenue to the Public Works
Department Operating Budget within the Development Services Fund.
3
12. CONSENT CALENDAR continued
(Ward 1)
iyVard 2)
iyVard 2)
iyVard 3)
(Ward 1)
(Ward?)
t.
Amendment NO.1 to Agreement No. 02-161 ($440.00/month) with the Housing Authority of
the County of Kern for leased space at 1630 E. 11 th Street.
Amendment NO.1 to Agreement No. 03-181 ($1,575.00) with the Andre Family Rentals for
leased space at 1420 G Street.
Amendment NO.1 to Agreement No. 05-195/RA05-002 (Sub-Recipient Agreement) with the
Bakersfield Redevelopment Agency for the commitment of $1 ,635,000.00 HOME Investment
Partnership Funds earmarked for affordable housing in the Baker Street Mixed Use Project.
u.
v.
Bids:
w. Reject all bids for the annual contract - asphalt materials.
x. Accept bid and award contract to Target Specialty Products (not to exceed $245,000.00) for
the annual contract - insecticides and herbicides.
y. Accept bid and award contract to Gilliam & Sons (not to exceed $1,000,000.00) for the
annual contract - earthmoving and hauling.
z.
Sewer Main Construction between Wastewater Treatment Plant #2 and Oswell Street to
Redbank Road:
1. Accept bid from Prianha Pipe & Precast ($3,556,109.70) for the purchase of sewer
pipe and manhole tee sections for project.
2. Appropriate $2,000,000.00 Wastewater Treatment Plant NO.2 fund balance to the
Capital Improvement Budget within the Sewer Enterprise Fund.
Miscellaneous:
aa. Authorize the Finance Director to forward to a collection agency, accounts receivable in
various funds totaling $124,597.63.
Appropriate $500.00 contribution (mini-grant) received from Jim Burke Education Foundation
to purchase computer software for students use at the Dr. Martin Luther King, Jr. Community
Center to the General Fund in the Recreation & Parks Department Operating Budget.
cc. Revised job specification for Business Manager.
bb.
Grant of Easements to the Kern Delta Water District for an underground pipeline in Granite
Pointe Park and an adjoining sump located north of McKee Road west of Highway 99.
Staff recommends adoption of Consent Calendar items a through dd.
dd.
13. CONSENT CALENDAR HEARINGS
a. Public Hearing to consider resolution adopting proposed commercial refuse rate increase
(5.4%) for Fiscal Year 2006/07. (Staff recommends adoption of resolution.)
b. Public Hearing to consider resolution adopting proposed residential refuse rate increase
(5.4%) for Fiscal Year 2006/07. (Staff recommends adoption of resolution.)
c_ Public Hearing to consider resolution adopting sewer connection fees pursuant to Section
14.12.380 of the Municipal Code. (Buget & Finanace Committee recommends adoption of
resolution.)
d. Public Hearing to consider resolution establishing sewer service user charges and fees for
Fiscal Year 2006-07. (Staff recommends adoption of resolution.)
4
iyVard 3-6)
13. CONSENT CALENDAR HEARINGS continued
e.
Public Hearing to consider resolution setting domestic water availability fees. (Water Board
recommends adoption of resolution.)
(Ward 4-7)
iyVard 1,3-7)
f.
Public Hearing to consider an increase in the monthly readiness-to-serve charge and
quantity rate for the City Domestic Water System. (Staff recommends adoption of resolution.)
1. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes
Ranch service areas of the City Water System.
Protest Hearing as required by Resolution of Intention No. 1453 regarding the assessments
for twelve (12) Traffic Signal Maintenance Districts. (Staff recommends overriding protests
and adoption of resolution.)
1. Resolution approving and adopting the Public Works Director's Report for twelve (12)
Traffic Signal Maintenance Districts and the 2006-07 budgets, confirming the
assessments and authorizing collection of assessments by the Kern County Tax
Collector.
g.
h. Protest Hearing as required by Resolution of Intention No. 1454 regarding the park
landscaping assessments for the Consolidated Maintenance District. (Staff recommends
overriding protests and adoption of resolution.)
1. Resolution approving and adopting the Public Works Director's Report for the
Consolidated Maintenance District and the 2006-07 budget, confirming the park
landscaping assessments and authorizing collection of assessments by the Kern
County Tax Collector. (Rates increase only for new developments.)
i. Protest Hearing as required by Resolution of Intention No. 1455 regarding the street
landscaping assessments for the Consolidated Maintenance District. (Staff recommends
overriding protests and adoption of resolution.)
1. Resolution approving and adopting the Public Works Director's Report for the
Consolidated Maintenance District and the 2006-07 budget, confirming the street
landscaping assessments and authorizing collection of assessments by the Kern
County Tax Collector. (Rates increase only for new developments.)
14. HEARINGS
a. Public Hearing to consider FY 2006-07 Operating, Bakersfield Redevelopment Agency and
Capital Improvement Program Budgets.
Staff recommends Council hear public testimony.
iyVard 4)'
. - upon annexation
Public Hearing to consider General Plan Amendment/Zone Change 05-1450;
SmithTech/USA Inc., representing Michel & Margaret Ann Etcheverry Family Limited
Partnership (property owner) has applied for a general plan amendment and zone change on
approximately 66.25 acres located on the south side of Seventh Standard east of the
Calloway Canal. (Continued from OS/24/06 meeting)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from SR (Suburban Residential) to LR
(Low Density Residential) on approximately 66.25 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map NO.1 01-01 from A (Agriculture) to R-1
(One Family Dwelling) on approximately 66.25 acres.
Staff recommends adoption of resolution and give first reading to ordinance.
b.
5
14. HEARINGS continued
(Ward 4)'
c.
Public Hearing to consider General Plan Amendment/Zone Change 05-1453;
SmithTech/USA, Inc., representing Breckenridge Development Co., Inc., (property owner)
has applied for a general plan amendment on 90 acres, located at the east side of Coffee
Road, north of Snow Road, and west of the Beardsley Canal. (Continued from OS/24/06
meeting)
1. Resolution approving the Negative Declaration and adopting the general plan
amendment and changing the land use designation from SR (Suburban Residential)
to LR (Low Density Residential) on 90 acres.
2. First Reading of Ordinance approving the Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map NO.1 02-04 from A (Agriculture) to R-1
(One Family Dwelling) on 90 acres.
Staff recommends adoption of resolution and give first reading to ordinance.
15. REPORTS
a. Update on Isabella Dam and Flood Emergency Operations within the City. (Staff presentation
by Flom Core, Water Resources Manager and Biff Rector, Police Chief)
16. DEFERRED BUSINESS
17. NEW BUSINESS
18. COUNCIL AND MAYOR STATEMENTS
19. ADJOURNMENT
. - upon annexation
Respectfully submitted,
4~
Alan Tandy ¡¡4- ¡{r
City Manager
6/1/06 1O:2Qam
6
AGENDA HIGHLIGHTS
JUNE 7, 2006 COUNCIL MEETING
WORKSHOP
Staff from Rabobank Arena, Theater and Convention Center will present their proposed FY 2006-07 budget.
CLOSED SESSION
There will be a conference with legal counsel regarding one case of potential litigation and six cases of
existing litigation.
CONSENT CALENDAR
Ordinances
Item 12a. First Readina of an Ordinance Amendina the Municipal Code relatina to Nuisance Abatement
and Buildinas/Construction. The changes will streamline the abatement process, provide for greater
consistency and bring the procedures in line with other cities in the State.
Resolutions
Item 12d. Resolution Opposina Assemblv Bill 1899 relatina to Flood Protection Assessments for New
Developments. It is staff's belief that AB 1899 does not serve the purpose of flood protection; rather, it only
adds another level of review. There is nothing in the bill which would provide any protection for existing
development. It applies only to new subdivision maps which lie in the watershed on the Sacramento or San
Joaquin Rivers, and the Kern River does. If a submitted project triggers CEQA review, the proposal would
have to be sent to the State for review who would determine if the project meets or will meet the 200-year
flood protection standards. There are no 200-year floodplain maps for the Kern River through Bakersfield.
Summarily, staff believes this bill is premature and should be opposed unless amendments are made which
can address the shortcomings.
Aareements
Item 12m. Aoreements with Flvino Seven Ventures, LLC and Jones & Stokes Associates, Inc. for the
Preparation of an Environment Impact Report for 2.565 Acres Bounded bv Panama Lane. Allen Road. Taft
Hiahwav. and Heath Road. Flying Seven Ventures, LLC is proposing the development of a master planned
community consisting of approximately 9,150 residential units, 310 acres of commercial development, Kern
Delta recharge areas, parks, schools, and other assorted land uses. They will pay for all costs associated
with the preparation of the EIR. The total cost of the EIR is $181,959.70, which consists of $139,969.00 for
consulting services and $41,990.70 to reimburse the City for its costs in managing the project.
Item 12p. AQreement with Castle & Cooke, Inc.. (C&C) Bolthouse Properties. LLC and Kern Countv Water
Aaencv (KCWA) for Land Exchanae and Water Development. The major point of this agreement is to bring
separated land parcels together for common purpose. It brings the KCWA land (Pioneer Banking property)
to a common area for groundwater banking programs, and the Bolthouse/C&C property (Stockdale Ranch
and West Ming Projects) for unified development plans. No City land is part of the arrangement.
As the land exchange is unbalanced in favor of C&C, the KCWA requires water well sites within C&C
proposed developments for the extraction and recovery of KCWA Pioneer banked waters. This agreement
allows for construction of up to 10 wells within the proposed development Projects. The City will be the
domestic water service provider for the Projects, and has the option of bringing any KCWA recovery wells to
Agenda Highlights
June 7, 2006
Page 2
municipal standards to complement City domestic drinking water wells for use in emergency situations. A
Water Production Management Plan is incorporated into this agreement that will minimize interference with
City domestic drinking water wells. KCWA will be the only entity other than the City who is allowed to pump
and take water for use from the properties within the Projects.
An existing agreement, the Pioneer Project Joint Operating Agreement, will be amended to include the
proposed KCWA wells within both Projects. Other details, such as added facilities, the elimination of
future well sites, sale to KCWA of an existing well, and related construction of a turn-out, are detailed in the
administrative report.
Item 12t. Amendment NO.1 to Aareement No. 05-195/RA05-002 for the Commitment of $1 ,635.000 HOME
Investment Partnership Funds Earmarked for Affordable Housina in the Baker Street Mixed Use Proiect.
The amendment will provide for the City to lend the Agency the HOME funds, and the Agency will agree to
administer the project. HUD regulations require the commitment of these funds through a contractual
agreement either to a developer or a sub-recipient entity over the course of two funding years. The funds
must also be expended within five years. Uncommitted funds are subject to reclaiming by HUD. The
Bakersfield Redevelopment Agency approved this Agreement at their May 8, 2006 meeting.
Bids
Item 12u. Reiect All Bids for thé Annual Contract for Asphalt Materials. Due to the rising costs of oil related
projects, the prior annual contract holder (Granite) cancelled their agreement because they could no longer
hold to the price structure. The cancellation required the City to re-bid the contract. In the interim, Granite
agreed to hold their prices through May 15, 2006. The new bid specifications were written to allow
maximum flexibility, allowing the bid to be awarded to one vendor or to be split, whichever would provide the
most favorable financial option to the City.
'-
Staff initially indicated they would award the entire bid to the overall low bidder (AC Materials). Staff soon
received correspondence from Granite questioning this decision, as the City would have realized substantial
savings by splitting the bid. Unfortunately, the two would vendors who would have received a small portion
of the total package (AC Materials and Vulcan) both refused to accept a partial award of the package.
Staff now believes that the best course of action is to re-evaluate the needs of the department, revise the
specifications as appropriate, and re-advertise for bids. In the meantime, staff will continue to purchase
asphalt materials on the open market on a case-by-case basis.
Item 12w. Award Contract to Gilliam & Sons for the Annual Contract for Earthmovna and Haulina in an
amount not to exceed $1.000,000. Of the 12 invitations to bid that were sent, 2 acceptable bids were
received. Staff recommends awarding the contract to Gilliam & Sons.
Item 12x. Award Contract to Prianha Pipe & Precast for the Purchase of Sewer Pipe and Manhole Tee
Sections in the amount of $3.556.109.70. This project will construct a 72" sewer main extending from
Wastewater Treatment Plant #2 Headworks east, along Planz Road and Muller Road, and then north along
Oswell Street to Redbank Road. The project will advertise in late June 2006 with an approximate award
date of mid-August 2006. This project requires significant quantities of large diameter sewer pipe and
precast manhole tee sections which will take approximately six months to manufacture. It is in the City's
best interest to bid the pipe and manhole tee sections separately from the construction contract so that the
pipe is available at the time of construction. Five acceptable bids were received. Staff recommends
awarding the contract to Priahna Pipe & Precast.
Agenda Highlights
June 7, 2006
Page 3
CONSENT CALENDAR HEARINGS
Items 13a. and 13b. Public Hearinas reaardina the Proposed Commercial and Residential Refuse Rate
Increases for FY 2006-07. The last refuse rate adjustment was one year ago. Both commercial and
residential rates for FY 2006-07 reflect a 5.4% increase for the various services, which would become
effective July 1, 2006. The increase covers inflation and operating cost increases, maintenance costs,
costs for street sweeping and commercial wood waste recycling (commercial), and costs for greenwaste
carts and recycling equipment to meet the state recycling mandates (residential).
Commercial: No letters in either opposition or support in response to the published notice were received
as of the date of this report. Residential: The single-family rate is proposed to be increased from $160.44
per unit to $169.08 per unit per year. The multi-family (up to four units) rate is proposed to be increased
from $145.08 per unit per year to $152.88 per unit per year. Of the 74,481 notices sent to property owners,
staff has received 25 letters in opposition and 1 letter in support if a curbside recycling program is included.
According to Proposition 218, if written protests against the proposed fee are presented by a majority of the
identified parcels, the City shall not charge the annual proposed fee.
Item 13c. Public Hearina reaardina Sewer Connection Fees. The City is developing a financing plan for
the expansion of Wastewater Treatment Plant #3. The Budget and Finance Committee reviewed a draft
plan at the Mary 8, 2006 meeting, and recommended that it be forwarded to the full Council for
consideration. Part of the financing plan includes raising connection fees to assist in the repayment of the
debt service. Staff proposes a phasing approach to provide developers with a known plan to assist in their
forecasting and planning processes. The current fee for a single-family residence is $2,500. Under this
plan, the fee would increase $300 per year for the next five years, reaching $4,000 in July 2010.
Property that is a part of an infill housing project would receive credit related to sewer uses previously on
the land. These credits would not have any effect on the City's ability to sell sewer revenue bonds.
Item 13d. Public Hearina reaardina Sewer Service User Charaes and Fees for FY 2006-07. Staff is
recommending an 8.0% increase in all sewer user charges for FY 2006-07. If approved, the user rate for
single-family dwellings will increase from $125 to $135 per year. Additional rate increases for hospitals are
also being phased in, as adopted in the FY 2001-02 sewer user fee schedule. This rate will increase from
$64.50 to $75.74 per bed according to the scheduled phase-in plus the 8.0% increase. Sewer user fees and
charges are collected with property taxes by the Kern County Tax Collector pursuant to the Municipal Code.
Item 13e. Public Hearina reaardina Domestic Water Availabilitv Fees. The City's domestic water system
requires that all new development pay its way and not place a burden on existing ratepayers to provide
water service. Before any development plans can be approved, staff must assess the ability to provide
adequate water pressure and availability, including fire suppression flows. In order to assure adequate
water service, the City must continue to acquire land, drill wells, and install pumping equipment and
construct transmission pipelines. The cost of the required water facilities is paid by developers via the water
availability fee when subdivision or parcel maps are submitted for approval, along with an application for
water service. Since 982, the fees have been set at $2,000 per acre. The cost of providing high quality
water service has risen dramatically since then. Staff recommends that the availability fee be increased to
$5,200 per acre. Further, it is recommended that the increase be phased in over 18 months in a 4-step
process beginning July 1, 2006. No negative comments have been received from the development
community since the new fee structure and justifications were presented to them. The Water Board
reviewed the fee increase at the March 14, 2006 meeting and recommended Council adoption.
Item 13f. Public Hearina to Consider an Increase in the Monthlv Readiness-to-Serve Charae and Quantitv
Rate for the Domestic Water Svstem. Staff proposes to increase the readiness-to-serve charge for a typical
residential customer from $8.90 per month to $9.55 per month beginning October 1, 2006, which is an
Agenda Highlights
June 7, 2006
Page 4
increase of $0.65. The charge for larger services will be assessed by a service-size ratio relative to a
typical residential customer.
Staff proposes an increase in the quantity rate from $0.66 to $0.69 per unit on October 1, 2006, then to
$0.74 per unit on April 1, 2007. A typical residential customer will see a total increase of $1.49 per month in
October and $1.40 in April. According to Proposition 218, if written protests against the proposed fee are
presented by a majority of the identified parcels, the City shall not charge the annual proposed fee.
Items 13g., 13h., and 13;. Protest Hearinas reaardina the Assessments for 12 Traffic Sianal Maintenance
Districts, and Park and Street Landscapina Assessments for the Consolidated Maintenance District. Staff
proposes no rate increases for the Traffic Signal Maintenance District. Park and Street Assessment rates
for developments existing prior to January 12, 2005 will not be increased. For developments subsequent to
January 12, 2005, the assessment will be increased only by the annual Consumer Price Index.
Protests will be heard only on the fairness of the benefit formula, the amount of the assessment on any
parcel of property to be assessed, and the reservation by the City of right to elect whether to proceed to
perform work by City forces or by private contractor.
HEARINGS
Item 14a. Public Hearina to Consider the FY 2006-07 Operatina. Redevelopment Aaency and Capital
Improvement Proaram Budaets. The FY 2006-07 Budget is proposed at $519,630,620, which includes a
$379,363,220 Operating Budget, $17,267,519 Bakersfield Redevelopment Agency Budget, and a
$140,267,400 Capital Improvement Budget (including Redevelopment Agency capital improvements).
Final adoption of the budget is scheduled for June 21,2006.
Item 14b. Public Hearina to Consider a General Plan Amendment/Zone Change on Approximately 66.25
Acres Located on the South Side of Seventh Standard Road, East of the Callowav Canal. This item was
continued from the May 24, 2006 meeting to give staff additional time to resolve various conditions of
approval. Staff meetings with the opponents of the project are underway. Council should expect a memo
next week outlining the results of the meetings.
Item 14c. Public Hearina to Consider a General Plan Amendment/Zone Change on 90 Acres Located on
the East Side of Coffee Road, North of Snow Road, and West of the Beardsley Canal. This item was
continued from the May 24, 2006 meeting at the request of Councilmember Couch to give staff an
opportunity to resolve the issue regarding overall density. Staff's recommendation would allow for the
development of approximately 372 single-family residential units on the project site. Staff meetings with the
opponents of the project are underway. Council should expect a memo next week outlining the results of
the meetings.
REPORTS
Item 15a. Update on Isabella Dam and Flood Emergencv Operations within the City. The Water
Resources Manager will provide status of the Isabella Dam situation, and the Police Chief will give a
presentation on flood emergency operations.
Approved: Æ
Alan Christensen,
Assistant City Manager
cc:
Department Heads
Rhonda Smiley, Public Information Officer
City Manager'. File
City Clerk'. Office
News Media File
Ð
ADMINISTRATIVE
REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Workshop
ITEM: 3. a."
TO:
Honorable Mayor and City Council
APPROVED
DATE:
April 28, 2006
CITY ATTORNEY
-61JS
W
¡f£
FROM:
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
CITY MANAGER
SUBJECT: Department Budget Presentation for Rabobank Arena, Theater and Convention Center
RECOMMENDATION:
BACKGROUND:
Rabobank Arena, Theater and Convention Center will provide a detailed overview of their FY 2006-2007
proposed operating budget. The budget overview will include discussion regarding goals,
accomplishments, and significant budget changes.
JWS:al
5/1/2006 8:51 AM
S:\Admin Rpts\2006\Budget Hearings 060706.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Closed Session
ITEM: L\. Cl ,
TO:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
DATE:
May 23, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
VC:--
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FROM:
SUBJECT: Conference with Legal Counsel - Potential Litigation
Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9.
(one case)
VG:do
S:\COUNCIL\CI SesslAdmins\05-06\06-07-06 Potential.dot
May 23, 2006, 1 :27PM
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
TO:
FROM:
DATE:
AGENDA SECTION: Closed Session
ITEM: l..\.b.
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
DEPARTMENT HEAD
APPROVED
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SUBJECT: Conference with Legal Counsel - Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9.
May 23, 2006
CITY ATTORNEY
CITY MANAGER
· Anthony Campbell, et al v. City of Bakersfield, et al.
USDC, Eastern District. Case No. CIV-F-04-5585 AWl TAG
· Victoria Rosales, etc. v. City of Bakersfield, et al.
USDC, Eastern District, Case No. CV-05-237 REC TAG
· Elizabeth Ann Peel, et al v. City of Bakersfield, et al
Kern County Superior Court, Case No. S-1500-CV-254827-SPC
· Bakersfield Citizens For Local Control v. City of Bakersfield/
Castle & Cooke
Kern County Superior Court Case No. 249668 NFT
· Bakersfield Citizens For Local Control v. City of Bakersfield/
Panama 99 Properties
Kern County Superior Court Case No. 249669 NFT
· John M. Tarabino, et al v. City of Bakersfield
Kern County Superior Court. Case No. S-1500-CV-257620-SPC
VG:do
S:\COUNCIL\CI SesslAdminsI05-06\OS-24-06Existlit.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Presentations
ITEM: ~. (Á .
Mayor Harvey L. Hall
DEPARTMENT HEAD
APPROVED
#þ
TO:
FROM:
Honorable Mayor and City Council
DATE: May31,2006 ATTORNEY
CITY MANAGER~
SUBJECT: At the request of Councilmember Jacquie Sullivan, a presentation by Mayor Hall to the
family of former City Councilmember Don Doolin.
RECOMMENDATION:
BACKGROUND:
ndw
May 31,2006, 9:26AM
S:\MAYORIAOMIN\2006\DON OOOLlN.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: \;;L.Cl.
TO:
FROM:
Honorable Mayor and City Council
Pamela McCarthy, City Clerk
May 25, 2006
APPROVED
DEPARTMENT HEA!Û- )
CITY ATTORNEY
DATE:
CITY MANAGER
~
SUBJECT: Approval of minutes of the May 15, 2006 Budget Meeting and the May 24, 2006 Council
Meeting.
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
"
.._._,.~~_._.-
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: I J... b .
May 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
/1/$
P»*
k
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
SUBJECT: Approval of department payments from May 12, 2006 to May 25, 2006 in the amount of
$8,309,225.29 and self insurance payments from May 12, 2006 to May 25, 2006 in the
amount of $121 ,967.17.
RECOMMENDATION:
Staff recommends approval of payments totaling $8,431,192.46.
BACKGROUND:
RAR
May 25,2006, 1:51PM
S:\KimGIFonns & LablesIADMIN-AP.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: là ,t-.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
May 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
L/C-
r/C-
k
SUBJECT: Amendments to various ordinances relating to:
1. Nuisance Abatement
2. Buildings and Construction
RECOMMENDATION:
Staff recommends first reading of all ordinance revisions.
BACKGROUND:
Chapter 8.80 of the Municipal Code deals with Nuisance Abatement and Chapter 15 concerns
Building and Construction issues. It has been some time since these ordinances were reviewed. It is a
good time to update these ordinances because the City is growing and the Council has expressed desire
to increase Code Enforcement activity. The changes will streamline our abatement process, provide for
greater consistency in that process and bring our procedures in line with that of other cities in the state.
S:\COUNCIL\Admins\05-06 Admins\8.80&.1 S.04.CodcEnft::leanupOrd.doc
May 25, 2006 - 9:01 AM
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: l.:Jd.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Virginia Gennaro, City Attorney
APPROVED
May 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
VC
I/C---
~
SUBJECT: Adoption of an Ordinance Amending Section 14.04.120 of the Bakersfield Municipal Code
Relating to Water Rates and Fees.
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
Over the years, there has been confusion regarding the various fees assessed for water-related services.
This ordinance clears up the ambiguities.
Additionally, when developers submit maps for approval and apply for water service with the City, they
have been permitted to delay paying the availability fees by executing a note and deed of trust on the
entire parcel. As phases of the parcel were developed and the phase maps finalized for recordation, the
developer would pay the portion of the water availability fee which corresponded to that phase. As a result
of this, staff was required to prepare deeds of partial reconveyance of the deed of trust as every phase of
the parcel was developed, This amendment requires the developer to pay the entire fee when the
application for water service is submitted. Government Code section 66007 permits the City to do this.
First reading of the ordinance took place on May 24, 2006.
May 2S, 2006, 1 0:33AM
S:ICOUNCIL\Admlns\05-06 Admlnslwalet'availabllltyfees2nd.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: I~. e..
TO:
APPROVED
DEPARTMENT HEAD ~
CITY ATTORNEY !fJ7nA
CITY MANAGER pA-r.....
SUBJECT: Adoption of an ordinance amending Bakersfield Municipal Code Section § 1.12.030,
§ 1.12.040 and § 1.12.050 by adding Annexation No. 467 to Ward 3, Annexation Nos.
484 and 490 to Ward 4 and Annexation 440 to Ward 5. (Wards 3, 4 and 5).
Honorable Mayor and City Council
FROM:
Stanley C. Grady, Development Services Director
DATE:
May 25, 2006
RECOMMENDATION:
Staff recommends adoption of the ordinance.
BACKGROUND:
First reading of the ordinance was given on May 24, 2006.
The ordinance amends the ward boundary to include Annexation No. 467, 484, 490 and 440
into the corresponding Council Wards. The annexations were approved by LAFCO recently.
Annexation No. 467 is located generally south of the Rio Bravo Golf Course, east of
Comanche Drive, north of Breckenridge Road. The site is undeveloped; however, the owner
will develop up to 1,300 single and multiple family residential units at buildout on 620.04
acres. The property owner requested annexation to receive city services.
Annexation No. 484 is located north of Snow Road, generally east of Allen Road, The
property owners will develop the 22.5 acre site for industrial uses. The property owners
requested annexation to receive city services.
Annexation No. 490 is located north of Brimhall Road, generally east of Jewetta Avenue.
The site consists of 1.9 acres of land. The property owner requested annexation to receive
city services.
Annexation No. 440 is located on the west side of Gosford Road, south of Panama Lane to
McCutchen Road. The 300 acre site is undeveloped. The property owners plan to develop
the site for residential, regional retail, neighborhood retail and service industrial uses. The
property owners requested annexation to receive city services.
DLAdminl6-7 -ann484,490,467 ,440
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1.2-f. .
TO: Honorable Mayor and City Council APPROVED
FROM: Virginia Gennaro, City Attomey DEPARTMENT HEAD VC--
DATE: May 25, 2006 CITY ATTORNEY vr;
CITY MANAGER Æ
SUBJECT: A Resolution Opposing Assembly Bill 1899 (Wolk) Relating to Flood Protection
Assessments for New Developments.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
BACKGROUND:
When Hurricane Katrina and other devastating hurricanes pummeled the gulf coast last year,
California legislators began looking at the integrity of the state levee system, particularly around the San
Joaquin-Sacramento River Delta and how to better protect Californians from flooding. Several new
Assembly and Senate Bills have been introduced purporting to achieve the goals of flood protection.
Assembly Bill 1899 (AB 1899) is one such bill. Unfortunately, AB 1899, as written, does not serve the
purpose of flood protection, but just adds another level of bureaucracy to the California Environmental
Quality Act (CECA) review process.
AB 1899 only applies to new subdivision maps which are submitted for local government review
and which lie in the watershed of the Sacramento or San Joaquin Rivers. This area includes the Kern
River. Thus, AB 1899 would apply to some new subdivision maps submitted to the City for approval.
Since the word ·watershed" is not clearly defined, it is possible that the bill would apply to all maps
submitted for review. If the submitted project triggers review under CECA, the City would be required to
send a copy of the proposed map to either the State Department of Water Resources (DWR) or the
Reclamation Board (Board). The DWR or the Board have ninety days to review the project and determine
if the project meets or will meet the 200-year flood protection standards. Thus, flood assessment would
be an element of the environmental review process. Currently, DWR, the Board or the Federal
Emergency Management Agency (FEMA) has not prepared any 200-year floodplain maps for the Kern
River through Bakersfield.
There is nothing in the bill which would provide any protection for development which already
exists. Since the flood maps upon which the assessments are to be based do not exist, and there is no
way of knowing when they will be created or how much it will cost to create such maps, it is staffs position
that AB 1899 is premature and should be opposed unless amendments are made which can address the
shortcomings.
May 25,2006, 10:31AM
S:\COUNCILlAdmlnslO5-06 Admlnslopposeab1899.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: I;;¡,.o..
u
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD #:5
CITY ATTORNEY f/;-.,
CITY MANAGER~
DATE:
May 25, 2006
SUBJECT: Sale of Real Property
1. Resolution declaring real property located north of Taft Highway and east of Ashe
Road surplus to needs of the City.
2. Agreement with The State of California-Department of Transportation to sell
property located north of Taft Highway and east of Ashe Road for $45,000. (Ward 6)
RECOMMENDATION: Staff recommends adoption of the resolution and approval of agreement.
BACKGROUND:
On March 2, 1972, the City acquired 626.56 acres from the Kern County Land Company for the
distribution of waste water. The property is commonly known as Wastewater Treatment Plant NO.3. The
California Department of Transportation (Caltrans) is proposing to widen and install left-turn lanes on
eastbound and westbound State Route 119 at Ashe Road. Caltrans has offered the City $45,000 to
purchase 1.31 acres of the City's farm land and the underlying fee simple interest under 1.15 acres of the
existing roadway. The sale price is a product of negotiations based on sales of comparable properties.
The Property Management Division has reviewed Caltrans request and recommends approval of the sale.
ENB/s
Taft Hwy sale.doc
May 25, 2006
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1;;Z., .
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD !rÚ
CITY ATTORNEY ~
CITY MANAGER ~
FROM:
Alan Christensen, Assistant City Manager
DATE:
May 25, 2006
SUBJECT: New Positions, New Job Specification and Change to Salary Schedule:
1) Authorize one (1) Management Assistant position in the City Manager's Office
2) Authorize one (1) Accounting Clerk 1/11 position in the Human Resources Division
3) Authorize two (2) Human Resources Analyst I positions in the Human Resources
Division
4) Amendment No. 3 to Resolution NO.049-06 approving Memorandum of
Understanding for employees of the Blue and White Collar Units and adopting
salary schedule and related benefits for Management Assistant
5) New Job Specification: Management Assistant #26090
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
Staff has requested a Management Assistant position in the FY 06-07 budget for the City Manager's
Office. It is intended to be an entry-level management-track position that will be trained in the City
Manager's Office with an expectation that the skills acquired would qualify individuals for other positions in
the City. The position requires a Bachelor's Degree and experience or graduate-level coursework. We
expect university graduates to apply. Timing is critical as recent graduates are looking for jobs; therefore,
we want to get started as soon as possible.
Staff has also requested an Accounting Clerk 1/11 position and two (2) Human Resources Analyst I
positions in the FY 06-07 budget for the Human Resources Division. The pace of recruitments has greatly
exceeded staff capacity. Lack of adequate staffing in the Human Resources Division translates directly to
the inability of operating departments to provide essential services. There are currently about 80
vacancies to fill. Those combined with the approximate 126 new positions translates to an approximate
15% vacancy rate. Therefore, we would like to be proactive by approving these positions now.
S:IADMINRP1\Management Assistant.doc
5/2512000 10:42 AM
ADMINISTRATIVE REPORT
Page 2
We request that the City Council approve the new job specification and change to the salary schedule and
authorize these positions a month early so that we can commence advertising and recruiting.
Existing salary savings will be used to fund these positions for the remainder of the fiscal year.
The new job specification will be presented to the Miscellaneous Civil Service Board at their June 20, 2006
meeting.
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S:\ADMINRPnManagement Assistant.doc
5/25/200610:42 AM
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: la.,'.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ¡/llL·
CITY ATTORNEY f?/ì;)
CITY MANAGER t4t /
,
SUBJECT: Resolution of Intention No. 1459 to add territory, Area 4-55 (Barbera, Chardonnay NE) to
the Consolidated Maintenance District and preliminarily adopting, confirming and approving
Public Works Director's Report. (Ward 3).
FROM:
Raul M. Rojas, Public Works Director
DATE:
May 18, 2006
RECOMMENDATION: Staff recommends adopting the Resolution.
BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative
Parcel Map No. 11293 to be included into the Consolidated Maintenance District as required by section
13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the
maintenance of a public park and street landscaping. Area 4-55 is generally bounded by a line
approximately 5,110 feet north of Barbera Avenue on the north, a line approximately 5,300 feet east of
Chardonnay Street on the east, Barbera Avenue on the south and Chardonnay 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
subdivision map. A copy of this covenant is attached for reference.
mr
May 18, 2006, 10:29AM
MD4-55RiOS.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: I,;).. i .
v
FROM:
DATE:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
TO: Honorable Mayor and City Council
May 18, 2006
fJu
I
SUBJECT: Tract Maps and Improvement Agreements
(1) Final Map and Improvement Agreements with Ennis Homes, Inc., for Tract 6056 Phases 3
and 6 located east of Jewetta Avenue and north of Reina Road. (Ward 4)
(2) Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 6250
Phase 8, located north of Stockdale Highway and west of Jewetta Avenue. (Ward 4)
(3) Final Map and Improvement Agreement with JP/CP Development, Inc., for Tract 6295
Phase 1, located south of Brimhall Road and east of River Ranch Drive. (Ward 4)
RECOMMENDATION: Staff Recommends approval of the maps and agreements.
BACKGROUND:
These Agreements are entered into to secure the improvements required for the
Subdivision Map. Such improvements include, but are not limited to streets, sewer,
storm drain, and landscaping on or adjacent to the property being subdivided.
td
NOTE: THE IMPROVEMENT AGREEMENTS
ARE Fll..ED IN THE CITY CLERK'S OFFICE
FOR REVIEW.
May 25, 2006, 2:40PM
G:\GROUPDA nADMINRPT\2006106-07\MEETING DA TE.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: 1;;2 .Ie
TO:
FROM:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ÐLH-
CITY ATTORNEY I.JAI~ hR.-hi. S
t
CITY MANAGER 'JI-{
SUBJECT: Agreement with The Tree Foundation of Kern, which specifies duties and responsibilities of
each party for the planting and maintenance of the Memorial Tree Grove, located at Manor
and Denise Streets (Ward 3).
Dianne Hoover, Director
Recreation & Parks Department
DATE:
May 25, 2006
RECOMMENDATION:
Staff recommends approval of the agreement.
BACKGROUND:
Recently, the City of Bakersfield, the Tree Foundation of Kern, and the Bakersfield Breakfast Rotary Club
worked collaboratively to establish a Memorial Tree Grove located at Manor and Denise Streets. The
Bakersfield Breakfast Rotary Club contributed $2,000 for initial placement of irrigation lines (funds
appropriated by Council on 1/11/06). The Memorial Grove was planted by volunteers on March 11, 2006.
The agreement specifies that the City is responsible for pesticide application, placement, removal, or
relocation of irrigation lines, and installation of commemorative plaques. The Tree Foundation will be
responsible for replacing and planting the trees following appropriate planting standards, organize tree
plantings, select species, and provide separate accounting for their own expenses to maintain the Grove.
All fees for commemorating trees will be collected by the Tree Foundation of Kern.
The Memorial Grove will have an official dedication and opening on Wednesday, June 14, 2006.
(OH:rlj)
May 25, 2006, 2:10PM
8:\2006 Admins\Memorial Grove & TFK_5-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: \ ';l.. I.
TO:
FROM:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
AP~ROVED
DEPARTMENT HEAD Ill,
~.. 1._._''
CITY ATTORNEY lJD /ð7Gd':;;'"
CITY MANAGER !}1,¿
/
DATE:
May 24, 2006
SUBJECT: Bakersfield Municipal Airport (Ward 1):
1) Ground Lease Agreement with Richard Macias, Sr. for purposes of constructing an
aircraft storage hangar for a monthly lease fee of $40.
2) Ground Lease Agreement with Mark Manda for purposes of constructing an aircraft
storage hangar for a monthly lease fee of $40.
RECOMMENDATION: Staff recommends approval of Agreements.
BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the
purpose of ground leases which allowed for the construction of owner-hangars. Currently there are 18
such Ground Lease Agreements and constructed hangars. The term of these agreements is for a period
of twenty years with the option of two five-year extensions. The approximate size of the aircraft storage
hangars is 2,000 square feet. Each land lease agreement generates $40 per month in revenue.
Bbu
G:\GROUPOAT\AOMINRPT\2006\06·07\Ground Leases - Macias, Mande.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: 1.2. m ,
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD~
CITY ATTORNEY ¡(2
Ik
FROM:
Stanley C. Grady, Development Services Director
DATE:
May 25, 2006
CITY MANAGER
SUBJECT: General Plan AmendmenUZone Change No. 05-1692 (Flying Seven Ventures, LLC),
bounded by Panama Lane, Allen Road, Taft Highway, and Heath Road. 0Nard 4/5 Upon
Annexation).
1. Agreement with Flying Seven Ventures, LLC for the preparation of an Environmental Impact
Report (EIR) and appropriate $139,969.00, the developer's contribution, to the
Development Services Operating Budget in the General Fund.
2. Agreement with Jones & Stokes Associates, Inc. for $139,969.00 to prepare an
Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 05-
1692.
RECOMMENDATION:
Staff recommends approval of the agreements and the appropriation of funds.
BACKGROUND:
Flying Seven Ventures, LLC is proposing the development of a master planned community consisting of
approximately 9,150 residential units, 310 acres of commercial development, Kern Delta recharge areas,
parks, schools, and other assorted land uses on approximately 2,565 acres bounded by Panama Lane,
Allen Road, Taft Highway, and Heath Road.
Applicant - City Agreement:
This agreement acknowledges that Flying Seven Ventures, LLC will pay for all costs associated with the
preparation of the Environmental Impact Report (EIR). The total cost of the EIR is $181,959.70, which
consists of $139,969.00 for consulting services and $41,990.70 to reimburse the City for its costs in
managing the project.
Consultant - City Agreement:
This agreement sets forth the scope of services for the preparation of an EIR for General Plan
AmendmenUZone Change No. 05-1692 by Jones & Stokes Associates, Inc.
PH:\adminl6-7-1692
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: d". n .
TO:
FROM:
Honorable Mayor and City Council
Raul Rojas, Public Works Director
DEPARTMENT HEAD
APPROVED
fill-
DATE:
May 24, 2006
CITY ATTORNEY
CITY MANAGER
~
SUBJECT: Transportation Impact Fee Agreement with Forum Capital Management, LLC for
improvements on the southeast corner of Panama Lane and Stine Road (estimated impact
fee credit is $27,602) (Ward 7).
RECOMMENDATION:
Staff recommends approval of Agreement.
BACKGROUND: Forum Capital Management, L.L.C. (developer) is constructing 568 feet on Stine
Road. Transportation impact fee credit is available for the portion of Stine Road that they are constructing.
The developer has requested that the transportation impact fee credit available from this improvement be
applied to impact fees due on the commercial retail center that the developer will construct at the
southeast corner of Panama Lane and Stine Road. The available credit is estimated at $27,602.
G:\GROUPDA T\ADMINRPT12006\06-07\PanamaStine TIF Agreement.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: I;;). o.
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD DL#
FROM:
Dianne Hoover, Director
Recreation & Parks Department
DATE:
May 24, 2006
CITY ATTORNEY
CITY MANAGER
!3ìn4
/fú
,
SUBJECT: Agreement with The Charles N. Bikakis Chapter of the Korean War Veterans Association,
Inc., which specifies duties and responsibilities of each party for the provision, installation
and maintenance of a Korean War Memorial, located at Jastro Park (Ward 2).
RECOMMENDATION:
Staff recomrnends approval of the agreement.
BACKGROUND:
Recently, the City of Bakersfield and the Charles N. Bikakis Chapter of the Korean War Veterans
Association, Inc., worked collaboratively to plan for a Korean War Memorial located at Truxtun Avenue
and Myrtle Street in Jastro Park.
The agreernent specifies that the Chapter is responsible for purchasing, installing and providing non-
routine maintenance of the Memorial. The City is responsible for routine maintenance of the Memorial.
The Memorial will have an official dedication and opening on Tuesday, July 4, 2006.
(kt)
May 25,2006.2:31 PM
8:\2006 Admins\Korean War Vetrans 06-07-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: IJ. Q.
,
TO:
Honorable Mayor and City Council
CITY MANAGER
FROM:
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
DATE:
May 19, 2006
CITY ATTORNEY
SUBJECT
Pipeline Crossing Agreement with Union Pacific Railroad Company ($5,650) for Street
Improvements: At-grade rail crossing on the Union Pacific Railroad Buttonwillow Branch at
Mountain Vista Drive (Ward 5).
RECOMMENDATION: Staff recommends approval of Pipeline Crossing Agreement.
BACKGROUND: On August 19, 2004, the City received approval from the California Public Utilities
Commission to construct new at-grade crossings on the Union Pacific Railroad Sunset Branch at Harris
Road and on the Union Pacific Railroad Buttonwillow Branch at Mountain Vista Drive, Old River Road and
Akers Road. The new crossing at Mountain Vista Drive requires construction of a new culvert crossing for
the Kern Delta Buena Vista Canal. As part of this project, the City will construct a new concrete box
culvert crossing diagonally through the intersection of Mountain Vista Drive and the Union Pacific Railroad
tracks. The Canal currently crosses the railroad tracks through corrugated metal pipe culverts. The new
roadway requires extending the culvert; the existing corrugated metal pipe culverts will be removed.
Sufficient funds are available for this agreement.
nf pw_engr
May 22. 2006. 10:09AM
G:\GROUPOA TlADMINRPlì2006\06-07\Mountain Vista Or;ve Pipeline Agreement.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: I
TO:
Honorable Mayor and City Council
~PROVED
DEPARTMENT HEAD ~ ~
CITY ATTORNEY ~
CITY MANAGER -ftb
FROM:
Raul M. Rojas, Public Works Director
DATE:
May 19, 2006
SUBJECT:
Longitudinal Pipeline Encroachment Agreement with Union Pacific Railroad Company
($4,500) for Street Improvements: At-grade rail crossing on the Union Pacific Railroad
Buttonwillow Branch at Akers Road (Wards 6 and 7).
RECOMMENDATION: Staff recommends approval of Longitudinal Pipeline Encroachment Agreernent.
BACKGROUND: On August 19, 2004, the City received approval from the California Public Utilities
Commission to construct new at-grade crossings on the Union Pacific Railroad Sunset Branch at Harris
Road and on the Union Pacific Railroad Buttonwillow Branch at Mountain Vista Drive, Old River Road and
Akers Road. The new crossing at Akers Road requires construction of a new culvert crossing for the Kern
Delta Section 23 Ditch. As part of this project, the City will construct a new culvert crossing parallel to the
railroad tracks for the roadway between Pacheco Road and the railroad tracks.
Sufficient funds are available to fund this agreement.
nf pw_engr
May 22. 2006, 10:09AM
G:\GROUPDA T\ADMINRPlì2006\06-07\Akers Road Pipeline Agreement.doc
ADMINISTRATIVE REPORT
MEETING DATE June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: I:J. ('
TO:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ~ J
CITYATTORNEY~
CITY MANAGER~
FROM:
Florn Core, Water Resources Manager
DATE:
May 25, 2006
SUBJECT:
Land Exchange and Water Development Agreement with Castle & Cooke, Inc., Bolthouse
Properties, LLC and Kern County Water Agency.
RECOMMENDATION:
Water Board and staff recommend approval of agreernent.
BACKGROUND:
The major point of this agreement between the City, Castle & Cooke, Inc. (Castle), Bolthouse Properties,
LLC (Bolthouse) and the Kern County Water Agency (KCWA) is a land exchange between
Bolthouse/Castle and KCWA that will bring separated land parcels together for common purpose. The
land trade brings the KCWA lands to a common area for groundwater banking programs and
Bolthouse/Castle property for unified development plans. No City land is part of the arrangement. The
KCWA property is known as the Pioneer Banking property. Bolthouse/Castle developments are known as
the Stockdale Ranch Project and West Ming Project.
As the land exchange is unbalanced in favor of Castle, the KCWA requires water well sites within Castle
proposed developments, for the extraction and recovery of KCWA Pioneer banked waters. This
agreement allows up to 10 wells, 3 along the north side of the Kern River Canal, to be constructed within
the proposed development projects. It is agreed that the City will be the domestic water service provider
for the Stockdale Ranch and West Ming Projects. The City has the option of bringing any of the KCWA
recovery wells to municipal standards to complement City domestic drinking water wells, for use in
emergency situations. In order to allow the banking wells within the subdivisions, a Water Production
Management Plan, incorporated into this agreement, will be in effect that is to minirnize interference with
City domestic drinking water wells. The City has previously granted to KCWA a license agreement
permitting KCWA to construct and operate pipelines and inlets into the Kern River Canal within City's
canal right-of-way. Additional license agreements for pipeline inlets to the Kern River Canal for KCWA
wells that will be located in the West Ming Project area will be granted by the City. There will be fees
generated to the City when these inlets are in operation. Common Use agreements between City and
KCWA for KCWA pipelines within street right-of-ways between will be executed when pipelines are
installed. KCWA will be the only entity other than City allowed to purnp and take water for use from the
properties within the Stockdale Ranch and West Ming Projects, under City Ordinance that restricts
pumping to approved certified banking projects.
ADMINISTRATIVE REPORT
An existing agreement, known as the Pioneer Project Joint Operating Agreement, is to be arnended to
include the proposed KCWA wells within both Stockdale Ranch and West Ming Projects as recovery wells
per the Pioneer agreement. The City will be adding facilities along the Kern River Parkway, including
Truxtun Lakes and the lakes at the Park at River Walk to the areas where water could be spread or
banked under the Pioneer agreement.
The City's proposed north-south freeway facility, the West Beltway Project, will have almost 3 miles of the
alignment provided through the properties that is or will be owned by Bolthouse/Castle. The alignment is
supported by all parties. This sets the alignment to facilitate the regional transportation plans of the City.
The City is to eliminate 3 future well sites along the eastern boundary of the City's "2800 Acres". This
facilitates both the West Beltway alignment and reduces potential interference with KCWA recovery wells.
The future City wells will be located elsewhere within the "2800 Acres". The City will sell to KCWA an
existing well, known as "CBK 40", but City shall retain fee title to the wellsite property. The KCWA will have
the right to use CBK 40 pursuant to a prior agreement.
The KCWA will construct a new turn-out from the Cross Valley Canal to City property located near
Stockdale Highway and JeweUa Avenue. The funding will be split tree ways, KCWA, Castle and the City
equally sharing the cost. It is estimated the turn-out will cost $150,000. The turn-out will help ensure water
supplies to the property during dry years.
The City of Bakersfield Water Board approved this agreement at its May 17, 2006 regular meeting and
recommended approval by the City Council.
FC:!c
5:\2006 ADMIN REPORTS\June7LandSwapexchange.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: :(.5.
TO:
FROM:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
(¡i(
{i3fn,{
'k
DATE:
May 15, 2006
SUBJECT: Subdivision Plan Checking Services:
1. Amendment NO.1 to Agreement No. 06-019 with Willdan ($100,000; total not to exceed
$180,000 for plan checking services.
2. Appropriate $100,000 additional plan check revenue to the Public Works Department
Operating Budget within the Development Services Fund.
RECOMMENDATION: Staff recommends approval of amendment and appropriation.
BACKGROUND: The Subdivision Section of the Public Works Department continues to receive a large
number of submittals for planchecking and hired Willdan for contract plan checking services. The City
entered into Agreement No. 06-019 on January 25,2006 for providing plan checking services
This amendment to the Willdan agreement provides for continued plan checking services.
The total amount of this amendment is $100,000. This changes the original agreement amount of $80,000
to a total amount of $180,000.
(Ies, PWEngr)
May 24,2006, 10:13AM
G:\GROUPOAT\ADMINRPT\2006\06-07\Amendment 1 to Agreement No. 06-01g.doe
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: Is>.-r·
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
May 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY (
CITY MANAGER
SUBJECT: Amendment NO.1 to Agreement No. 02-161 with the Housing Authority of the County of Kern
for leased space at 1630 East 11th Street for $440.00/month. (Ward 1)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On April 22, 2002, the City of Bakersfield entered into Agreement No. 02-161 with the Housing Authority
of the County of Kern (HACK) to lease a residential unit (approximately 725 rentable square feet) at 1630
East 11 th Street for a police satellite station.
The police department provides crime prevention services from this office, including neighborhood watch
programs and senior safety programs. This office has a community meeting area and residents of the
area are encouraged to use the facility for community meetings. Police reports and vehicle impound
releases will eventually be available from this satellite office.
The original term of that lease was for two years with one two year extension and was due to expire May
31,2006. However, it has been determined that it will be necessary to continue to lease this space until
other options become available. HACK has offered to extend the lease an additional year under the
current terms, except the rent which would be increased to ($440.00/month). The City looks forward to
continuing our positive relationship with HACK.
May 25, 2006, 2: 13PM
P:\MyFileslAdmin Reports\1630 East 11th Amend.doc
OMAls
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: \;l. u..
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD /V5
CITY ATTORNEY ~
CITY MANAGER k
DATE:
May 25,2006
SUBJECT: Amendment NO.1 to Agreement No. 03-181 with the Andre Family Rentals for leased space
at 1420 "G" Street for $1 ,575.00 per month. (Ward 2)
RECOMMENDATION: Staff recommends approval of agreement.
BACKGROUND:
On June 25, 2003, the City of Bakersfield entered into Agreement No. 03-181 with the Andre Family
Rentals (Andre) to lease approximately 4500 square feet of warehouse space at 1420 "G" Street.
The original term of that lease was for three years and is due to expire June 14,2006. However, it has
been determined that it will be necessary to continue to lease this space until other options become
available. Andre has offered to extend the lease an additional year under the current terms, except the
rent which would be increased from $1,350.00 to $1,575.00 per month.
May 25, 2006, 3:31 PM
P:IMyFileslAdmin Reportsl1420 G Street Amend.doc
OMAls
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
TO:
Honorable Mayor and City Council
~ROVED
DEPARTMENT HE~6i'- M
CITY ATTORNEY ~
CITY MANAGER æ
FROM:
DATE:
Donna L. Kunz, Economic Development Director
May 30, 2006
SUBJECT: Amendment NO.1 to Agreement No. 05-195/RA05-002 Sub-recipient Agreement with the
Bakersfield Redevelopment Agency for the Commitment of $1.635 million HOME
Investment Partnership Funds earmarked for affordable housing in the Baker Street Mixed
Use Project. ryvard 2)
RECOMMENDATION:
Staff recommends approval.
BACKGROUND:
During the past few years, the City Council has committed various funding sources for the project
including Community Development Block Grant Funds, Tax Increment, Section 108 and HOME
Investment Partnership Funds. Subsequently, the Redevelopment Agency has executed multiple
agreements with the City assuming oversight responsibility for the use of these funds in addition to
agreeing to comply with HUD mandated regulations in relationship to the administration of the project.
The housing component of the Baker Street, Mixed Use Project is planned to include 32 residential lofts
above three of the new retail buildings, 30 residential town homes, and 22 one bedroom flats plus lofts
condominium units. All of the residential units will be "for sale" product and will be both market and
affordable. A total of $1.635 million in HOME funds have been earmarked in the budget for the housing
component of the project from multiple fiscal years beginning in FY 2002103.
The attached sub-recipient agreement will serve a similar assignment function whereby the City will
technically lend the Agency the HOME funds and the Agency will agree to administer the project, ensuring
that the project will be built and that affordable housing will be provided as previously described. HUD
regulations require the commitment of these funds through a contractual agreement either to a developer
or a sub-recipient entity over the course of two funding years. The funds must also be expended within
five years. Uncommitted funds are subject to reclaiming by HUD. This sub-recipient agreement fulfills the
commitment requirement called for under the HUD regulations and secures the funds for the project.
Staff has completed negotiations with Triumph Companies and the final components of the Disposition
and Development Agreement (DDA) are under review. The Disposition and Development Agreement is
scheduled to be presented for consideration to the City Council and the Redevelopment Agency in July,
2006.
The Bakersfield Redevelopment Agency approved this Agreement at their May 8, 2006 meeting.
S:\Admins\Cíty Counci/\City Council Admins 2006\City Agency HOME funds use Baker Amend.doc
5/30/2006 2:20 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: \;:L. iN.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
.A/ .5
fcì»U
fJðt
May 30, 2006
SUBJECT: Reject all bids for the Annual Contract for Asphalt Materials. (City Wide)
RECOMMENDA'IlON: Staff recommends rejection of all bids.
BACKGROUND: Due to the rising costs of oil related products the prior annual contract holder (Granite)
cancelled their agreemeRt with the City in March 2006 because they could no longer hold to the price
structure of that agreement. This cancellation required the City to re-bid the annual contract for asphalt
and related materials. The City requested, and the vendor agreed to hold their prices through May 15,
2006 to allow the City time to re-bid the contract.
Invitations to bid were sent out in April 2006. Three bids were received in response to this solicitation.
The bid specifications were written to allow the City maximum flexibility in awarding the bid, allowing for
the bid to be awarded to one vendor or to be split into segments at the City's discretion.
After reviewing the three bids received, Public Works staff initially indicated they would prefer to award the
entire bid to the overall low bidder, which was AC Materials Inc.. We soon received an inquiry from
Granite Construction questioning why we were not splitting the bid, as it appeared the City would
recognize tremendous savings by splitting the bid between vendors. Upon further review by Public Works
and Finance staff, the City determined that there was the potential to save the City about $100,000 if the
bid were split into segments and awarded to separate vendors.
Unfortunately, the two vendors who would have received a small portion of the total bid package (AC
Materials and Vulcan) both refused to accept the partial award of the package. This action basically
eliminated any potential savings that was anticipated by splitting the bid and put the City in the position of
potentially awarding the entire contract to someone other than the lowest overall bidder.
Due to this unfortunate sequence of events, staff feels that the best course of action is to re-evaluate the
needs of the department, revise the bid specifications as appropriate, and re-advertise for bids on the
annual contract.
During the interim period, since the previous vendor has cancelled their contract, the City will continue to
purchase asphalt materials on the open market on a project by project basis.
Purchasing Division
DW
P:lbackuplReject Bids - AC Street Materials, June 7, 20ce.doc
Created on 5/31120ce 11 :05:00 AM
Last printed 5/3112006 2:12:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: \;l.y.
TO:
FROM:
Honorable Mayor and City Council
DATE:
May 24, 2006
CITY ATTORNEY
CITY MANAGER
APPROVED
,/1/$
æ/M
~
Nelson K. Smith, Finance Director
DEPARTMENT HEAD
SUBJECT: Accept bid and award contract to Target Specialty Products for the Annual Contract for
Insecticides and Herbicides in the not to exceed budgeted amount of $245,000.00.
(Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to six (6) suppliers for the Annual Contract for Insecticides
and Herbicides for the Recreation and Parks Department. One (1) complete bid was received. Staff finds
the bid to be acceptable and recommends award of the contract to Target Specialty Products, Fresno, CA.
(Spreadsheet attached)
Purchasing Division
DW
S:\PURCH\ADMIN\AC Insecticides and Herbicides, Target Specialty Products., June 7, 2006.doc
Created on 5/24/2006 2:55:00 PM
Last printed 5/24/2006 3:13:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: I~.v.
J
TO:
FROM:
DATE:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DEPARTMENT HEAD ",v-7
CITY ATTORNEY f)?n,I.
CITY MANAGER ~
,
May 24, 2006
SUBJECT: Accept bid and award contract to Gilliam & Sons for the Annual Contract for Earthmoving
and Hauling in the not to exceed budgeted amount of $1,000,000.00. (Citywide)
RECOMMENDATION: Staff recommends acceptance of bid and award of contract.
BACKGROUND: Invitations to bid were sent to twelve (12)) suppliers for the Annual Contract for
Earthmoving and Hauling for the Public Works Department and the Water Resources Department. Two
(2) bids were received. Staff finds the low bid submitted by Gilliam & Sons, Bakersfield, CA to be
acceptable and recommends award of the contract to Gilliam & Son.
(Spreadsheet attached)
Purchasing Division
DW
S:\PURCHIAOMINIAC Earthmoving and Hauling, Gilliam & Sons., June 7, 2006.doc
Created on S/24/2006 3:05:00 PM
Last printed 5/24/2006 4:03:00 PM
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: I,}. z..
May 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
TO:
CITY MANAGER
Ile-
,
SUBJECT: Sewer Main Construction, between Wastewater Treatment Plant #2 and Oswell Street to
Redbank Road (Ward 3):
1. Accept bid from Piranha Pipe & Precast ($3,556,109.70) for the purchase of sewer pipe
and manhole tee sections for the 72' Sewer Main Construction Project.
2. Appropriate $2,000,000 Wastewater Treatment Plant NO.2 fund balance to the Capital
Improvement Budget within the Sewer Enterprise Fund.
RECOMMENDATION: Staff recommends acceptance of bid and approval of appropriation.
BACKGROUND: The 72" Sewer Main extends from Wastewater Treatment Plant #2 Headworks east,
along Planz Road and Muller Road, and then north along Oswell Street to Redbank Road. The project will
advertise in late June 2006 with an approximate award date of mid-August 2006. This project requires
significant quantities of large diameter sewer pipe and precast manhole tee sections which will take
approximately six months to manufacture. It is in the City's best interest to bid the pipe and manhole tee
sections separately from the construction contract so that the pipe is available at the time of construction.
Invitations to Bid for the purchase of the sewer pipe and manhole tee sections were sent to eight
suppliers. In addition, this project was advertised in industry publications. Suppliers were asked to
provide pricing for both the pipe and the manhole tee sections. Five bids were received on May 24, 2006,
as follows:
Piranha Pipe & Precast
P. O. Box 670
Chowchilla, CA 93610 (out of town)
Ameron International
10681 Foothill Blvd., Ste. 450
Rancho Cucamonga, CA 91730 (out of town)
in the amount of
$3,556,109.70
in the amount of
$3,746,242.50
Future Pipe Industries
12450 Glascock Dr.
Gulfport, MS, 39502 (out of town)
in the amount of
$4,450,920.58
--.--
ADMINISTRATIVE REPORT
Hanson Pipe and Precast
7020 Tokay Avenue
Sacramento, CA 95828 (out of town)
in the amount of
$4,855,207.50
Rinker Materials
4150 North Brawley
Fresno, CA 93722 (out of town)
in the amount of
$5,767,368.75
Additional appropriations are necessary in order to award this bid. It is important to note that over $12
Million is included in the proposed Fiscal Year 2006-2007 Capital Improvement Budget for this project.
The cost for this pipe is included in the $12 Million, but because of the long lead time involved in
manufacturing this pipe, staff recommends commencing with this phase of the project immediately.
(cmw)
G:\GROUPDAT\ADMINRPT\2006\06-07\Supply Sewer Pipe and Manhole Tee Sections for 72-;nch Sewer Main Construction.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: la.a" a..
Nelson Smith, Finance Director
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
APPROVED
",v;5
ßYM
A?
TO:
FROM:
Honorable Mayor and City Council
DATE:
May24, 2006
SUBJECT: Authorize the Finance Director to forward to a collection agency, accounts receivable in
various funds totaling $124,597.63.
RECOMMENDATION: Staff recommends the City Council authorize the Finance Director to forward to a
collection agency accounts receivable.
BACKGROUND: The staff has exhausted all possible means at its disposal to collect these past due
accounts. Generally, individuals cannot be located or bankruptcies are involved and further collection
efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection
agency (H.P. Sears) for further action. Historically 5-7% of City accounts forwarded to a collection agency
are eventually recovered.
Account detail is attached. The amount recommended is made up of the following account categories:
Commercial Sewer Service & Solid Waste (Refuse)
Residential Sewer Service & Solid Waste (Refuse)
Risk Management (Property Damage Claims)
Police (Alarm Violations & Misc. Activity)
Fire & Fire Safety (Environmental Services)
Other
$16,930.32
3.173.43
SUB-TOTAL 20,103.75
82,598.56
7,821.00
13,113.50
960.82
TOTAL
$12459763
The recommended write off amount is about .34% of total billing, or less than 1 %. The private sector uses
1-2% as an acceptable write off. Bankruptcy proceedings make up 8.60% or $10,710.48 and Judgments
make up 31.20% or $38,868.67 of the write off amount. In the bankruptcy cases, claims have been filed
with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are
prohibited by law from further collection efforts.
The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer
generated past due notice which continues every 30 days. Additionally, past due letters are sent and
phone contact is initiated at 90 days delinquent. Larger balances are given priority.
--.........- -,- _.__.'^_._----~-,.,,_._._,----,_._-,.__.-.--
ADMINISTRATIVE REPORT
There are two accounts listed for Friendship House, both have judgments outstanding. The accounts and
judgments are for the prior non-profit entity known as Friendship House. That non-profit entity no longer
exists. The current agency running the Friendship House is Community Action Partnership of Kern.
Although this agency uses the Friendship House moniker they are an entirely separate entity than the
previous one and have no legal responsibility for any prior debts. These accounts will be written off the
City books and not forward to a collection agency.
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: Id .hb·
TO:
FROM:
Honorable Mayor and City Council
Dianne Hoover
Director of Recreation and Parks
DEPARTMENT HEAD
APPROVED
/) Ll-f-
DATE:
May 1, 2006
CITY ATTORNEY
CITY MANAGER
f}ln4
v1P/
SUBJECT: Appropriate $500 contribution to the General Fund in the Recreation & Parks Department
Operating Budget from Jim Burke Education Foundation for a mini-grant to purchase
computer software for students to use at the Dr. Martin Luther King, Jr. Community Center.
(Ward 1).
RECOMMENDATION: Staff recommends approval of the appropriation.
BACKGROUND: Recreation and Parks Department applied for a $500 "mini-grant" from the Jim Burke
Education Foundation to purchase computer software for middle school, junior high and high school
students to use in the Dr. Martin Luther King, Jr. Community Center's computer lab. The Jim Burke
Education Foundation accepted and funded the "Keeping Our Future Leaders Techo Savvy" mini-grant.
The educational software would be utilized in our after-school program as well as during our summer
"Camp King" program. It would assist the students in skill development and reinforcement of state
educational standards and practice for college entrance exams.
May 1, 2006, 1 0:05AM
S:12006 AdminsIJim Bur1<e Ford Grant Admin_6-06.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Consent Calendar
ITEM: \a .<:..G.
TO:
FROM:
DATE:
Honorable Mayor and City Council ~ APPROVED
Carroll Hayden, Human Resources Manager DEPARTMENT HEAD ft1:
May 22,2006 CITY ATTORNEYPÐ Rfr¿ VG
;41,
CITY MANAGER
SUBJECT:
Revised Job Specification: Business Manager
RECOMMENDATION:
Staff recommends approval of the revised job specification.
BACKGROUND:
The Solid Waste Division of the Public Works Department has requested a new Business Manager
position in the upcoming July 1, 2006 budget. Prior to conducting a recruitment, the Solid Waste Division
would like to update the Business Manager job specification to expand the applicant pool. Verbiage has
been added to broaden the minimum qualifications. Doíng so will make this position comparable to other
financial positions in the City.
There is no budgetary impact as the salary will remain the same. The revised job specification was
approved by the Miscellaneous Civil Service Board at their May 16, 2006 meeting.
(jm)
5/17/2006 3:04 PM
S:\AOMINRP'I\Business Manager.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar
ITEM: \ 9- dd .
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DATE:
May 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
~,
,
SUBJECT: Grant of easements to the Kern Delta Water District for an underground pipeline in Granite
Pointe Park and an adjoining sump located north of McKee Road west of Highway 99.
(Ward 7)
RECOMMENDATION: Staff recommends approval of grant of easements.
BACKGROUND:
Prior to the City acquiring title to Granite Pointe Park and the adjoining sump the original developer,
Granite Pointe, LLC, entered into a ditch eradication agreement with the Kern Delta Water District to
convert an open channel canal to an underground pipeline. This is a common practice in the conversion
of agricultural land to urban uses and facilitates development by narrowing the area burdened by the
irrigation easement. However, Granite Pointe, LLC and Kern Delta were not able to complete the
transaction prior to the City taking title to the properties. So to complete the transaction Kern Delta will be
quitclaiming their original easement to the City and the City will grant Kern Delta a replacement easement
which has been reduced to twenty feet in width for the pipeline easement and fifteen feet for the access
easement. Water Resources and Recreation and Parks have reviewed and approved the request.
May 25, 2006, 3:31PM
P:IMyFileslAdmin ReportslKem Cella ease.doc
DMA/s
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Hearings
ITEM: \ ~ .0.. .
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
DEPARTMENT HEAD
May 31, 2006
CITY ATTORNEY
CITY MANAGER
APP
/11
dIi ¡j~ gs
fie
SUBJECT: Public hearing to consider resolution adopting proposed commercial refuse rate increase
(5.4%) for Fiscal Year 2006/07. (All Wards)
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
State law requires new fees and charges as well as increases in existing fees and charges to be adopted
by ordinance or resolution following a public hearing. Pursuant to Chapter 8.32 of the Bakersfield
Municipal Code, it is the intent of the City Council to require the ascertainment and recovery of costs
reasonably incurred from fees and charges levied. This public hearing provides the mechanism for
ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost
for providing the services for which the fees are charged. A public notice has been published in the
newspaper as required for this type of public hearing. As of May 30, 2006 no written protests have been
received.
The last refuse rate adjustment was one year ago. Commercial Solid Waste rates for FY 2006-07 reflect a
5.4% increase in rates for the various services. This increase covers inflation and operating cost
increases, maintenance costs, and costs for street sweeping and commercial wood waste recycling.
The proposed fees would become effective July 1, 2006.
tm
May 31, 2006, 8:34AM
G:\GROUPDAT\ADMINRPT\2006\06.07\Admin Rpt_Commercial 06.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Hearings
ITEM: \6. b.
TO:
FROM:
Honorable Mayor and City Council
DATE:
Raul M. Rojas, Public Works Director
May 30, 2006
DEPARTMENT HEAD
CITY ATTORNEY di1 1: gs
CITY MANAGER
APPROVED
{IÝG
SUBJECT: Public hearing to consider resolution adopting proposed residential refuse rate increase
(5.4%) for Fiscal Year 2006/07. (All Wards)
RECOMMENDATION:
Staff recommends adopting the Resolution.
BACKGROUND:
State law requires new fees and charges as well as increases in existing fees and charges to be adopted
by ordinance or resolution following a public hearing. A notice of the proposed rate increase and the
public hearing was mailed to each of the 74,481 property owners in the City. As of May 18, 2006, the City
Clerk had received 25 written letters protesting the refuse fee and 1 written letter supporting the refuse fee
if a curbside recycling program is included.
Two refuse service collection rates are proposed to be increased in this hearing: Single Family dwelling
and Multiple Family dwelling (up to four units) refuse service. The single family rate is proposed to be
increased from $160.44 per unit to $169.08 per unit per year (an increase of 5.4%). The multi-family rate
is proposed to be increased from $145.08 per unit per year to $152.88 per unit per year. The increase
covers inflation and operating cost increases, maintenance costs, and costs for greenwaste carts and
recycling equipment to meet the state recycling mandates.
According to Proposition 218, if written protests against the proposed fee are presented by a majority of
the identified parcels, the City shall not charge the annual proposed fee. If written protests against the
proposed fee are not presented by a majority of the identified parcels, the City Council may adopt the
proposed fee.
The proposed fees would become effective July 1, 2006.
tm
May 30, 2006, 4:38PM
G:\GROUPDA1ìAOMINRPT\2006\06-07\Admin Rpt_Residential 06.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Hearings
ITEM: \ ~.C.
TO:
FROM:
Honorable Mayor and City Council
Nelson K. Smith, Finance Director
APPROVED
DATE:
May 25, 2006
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
SUBJECT: Public Hearing to consider a Resolution Adopting Sewer Connection Fees Pursuant to
Section 14.12.380 of the Bakersfield Municipal Code.
RECOMMENDATION: Budget and Finance Committee recommends adoption of the Resolution.
BACKGROUND: The City has been developing a financing plan for the expansion of Wastewater Plant
#3. The City's bond consultant presented an extensive multi-city fee survey and an overview of the draft
financing plan to the Budget and Finance Committee at their March 8, 2006 meeting. Part of the financing
plan includes the raising of Sewer Connection Fee charges to assist in the repayment of the debt service
on the impending plant expansion.
While all sewer revenues will be pledged against any debt incurred for the -project, the City has historically
attempted to cover the annual debt service requirements with connection fee revenues, so to match the
cost of plant expansion with the associated new development growth that is driving the need for the plant
expansion.
Staff has proposed a "phased" approach to the fee increases to provide developers with a known plan for
this fee to assist in their forecasting and planning processes. The current fee for a single family residence
is $2,500. The proposed fee schedule, which is designed to provide adequate debt service coverage for
the proposed bond issue, will raise the fee $300 per year for the next five years, with the single family fee
reaching $4,000 in July 2010. A draft resolution and fee schedule is attached for your consideration.
The Budget and Finance Committee reviewed the proposed fee increases at their May 9, 2006 committee
meeting and recommended the resolution and related fee increases be forwarded to the City Council for
their consideration.
The committee did ask whether special fee credits for infill housing projects could be considered. Staff
explained that the property owner would receive credit related to the sewer uses previously on the land.
Thus the property owner would not have to pay a second connection fee if the same level of sewer service
was being proposed with the infill project as was on the land previously.
There was also some concern whether these credits might have a negative impact on our bond rating or
ability to finance the project. Staff has checked with the City's bond consultant and determined that this
type of credit would not, in and of itself, have any effect on our ability to sell sewer revenue bonds.
nks
P:\Bond Issues\Admin . sewer connection fees reso.doc
May 2S, 2006
-.._-,"---..-_.-
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Hearings
ITEM: \ 3 .d.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Raul M. Rojas, Public Works Director
~PROVED
DEPARTMENT HEAD /k /'
CITY ATTORNEY rfJJvz4
May 24, 2006
CITY MANAGER
þ
SUBJECT: Hearing to consider a resolution establishing sewer service user charges and fees
for Fiscal Year 2006-07 (Wards 1-7).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380
of the Bakersfield Municipal Code to recover costs reasonably incurred in providing regulation, operation,
maintenance, replacement, and capital improvements for the storm water/sewer collection systems and
wastewater treatment plants. City staff is recommending an 8.0% increase in all sewer user charges for
Fiscal Year 2006-07. If approved, the user rate for a single family dwelling will increase from $125 to $135
per year. Additional rate increases for the following user are also being phased in as adopted in the Fiscal
Year 2001-2002 sewer user fee schedule. This rate will increase according to the scheduled phase-in plus
the 8.0% increase as follows:
Hospitals. year six of a seven year phase-in period
$64.50 to $75.74 per bed
Discussions regarding this phased-in rate increase for hopsitals were conducted with the City Council and
the Budget & Finance Committee during the Fiscal Year 2001-2002 budget process in order to update the
City's Revenue Program. The phasing-in of this fee offered the least impact to these users, while still
complying with State regulations. These fee phase-ins were originally adopted by the City Council on May
16,2001.
See attached Exhibits A and B to the resolution for miscellaneous sewer user charges and fee details.
Sewer user fees and charges are collected with property taxes by the Kern County Tax Collector pursuant
to the Bakersfield Municipal Code.
G:\GROUPDAT\AOMINRPT\2006\06-07\Admin Rpt 06-07 Sewer User Fee.doc
Is
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Hearings
ITEM: \ð.e.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
May 25, 2006
Aú
.
SUBJECT: Public Hearing to consider a Resolution Setting Domestic Water Availability Fees (Ward
No.'s 3, 4, 5 & 6)
RECOMMENDATION:
The Water Board recommends adoption of the Resolution.
BACKGROUND:
The City's Domestic Water System requires that all new development is to pay its way and not place a
burden on existing ratepayers to provide water service. Before any plans for new development may be
approved, the City must assess its ability to provide adequate water pressure and quantity, including fire
suppression flows to serve the proposed development. In order to assure adequate water service, the City
must continue to acquire land, drill water wells, install pumping equipment and construct transmission
pipelines to provide the service.
The cost of the required water facilities is paid by developers via the water availability fee when
subdivision or parcel maps are submitted for approval along with an application for water service. The
water availability fees are currently set at $2,000 per acre and have been in effect at this level since 1982.
The cost of providing high quality water service, however, has gone up dramatically since 1982, especially
over the last four years. In order to recoup the costs of providing the water supply, the availability fee
needs to be increased to $5,200 per acre. To soften the impact of the increase, staff is recommending that
the fees be phased in with a 4 step increase, over an 18 month period, beginning July 1 , 2006.
Staff presented the new fee structure and justifications to the development community. No negative
comments were received. The Water Board reviewed the fee increase at their March 14, 2006 meeting
and recommend City Council adopt the phased increase.
JS:is
May 30, 2006, 2:12PM
S:\2006 AOMIN REPORTSlAvailabilityFeeHearing06.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Consent Calendar Hearings
ITEM: \~. of.
May 24, 2006
APPROVED
DEPARTMENT HEAD ~,
CITY ATTORNEY /ðD Çör¿ J.$.
k
.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Florn Core, Water Resources Manager
CITY MANAGER
SUBJECT: Public hearing to consider an increase in the monthly readiness-to-serve charge and
quantity rate for the City of Bakersfield Domestic Water system. (Portions of Wards No.4,
5,6& 7)
1. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes
Ranch service areas of City of Bakersfield Water System.
RECOMMENDATION:
Staff recommends adoption of resolution.
BACKGROUND: California state law under Proposition 218, requires that increases in existing fees
and charges be adopted by ordinance or resolution following a public hearing. A notice of public hearing
on a proposed increase in the readiness-to-serve charge and the quantity rate on the City of Bakersfield
Domestic Water System was mailed to each of the City's 35,364 customers and/or property owners that
receive City water service. The mailing occurred during March and April 2006. As of May 23, 2006, the
City Clerk had received 1 written letter protesting or commenting on the fee increase.
The readiness-to-serve charge and quantity rate are proposed to be increased. The current readiness-to-
serve charge for a typical residential customer is $8.90 per month. The proposed monthly service charge
is $9.55 beginning October 1, 2006, which reflects an increase of $0.65 per month. The readiness-to-
serve charge for larger services will be assessed by a service-size ratio relative to a typical residential
customer. The quantity rate is currently $0.66 per hundred cubic foot unit. The proposed rate will increase
by $0.03 to $0.69 per unit on October 1, 2006. The quantity charge is proposed to increase by $0.05 to
$0.74 per unit on April 1 ,2007. A typical residential customer will see a total increase of $1.49 per month
on October 1, 2006 and $1.40 on April 1, 2007. Due to new water supply programs, the cost of meeting
water quality standards and addressing security issues of the federal Homeland Security Act, overall
expenditures have increased 6.5%.
According to Proposition 218, if written protests against the proposed fee increase are presented by a
majority of the customers and/or property owners that are receiving water service from the City, the City
shall not charge the additional readiness-to-serve fee or the additional quantity rate. If written protests
against the proposed increased fee and charges are not presented by a majority of the customers and/or
property owners that are receiving water service from the City, the City Council may adopt the proposed
fees and charges.
S:\2006 ADMIN REPORTS\June7rateinc.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Hearings
ITEM:
TO:
Honorable Mayor and City Council
A¿PROVED
DEPARTMENT HEAD It
CITY ATTORNEY ßJ;6?
fiv
FROM:
Raul M. Rojas, Public Works Director
DATE:
May 19, 2006
CITY MANAGER
SUBJECT: Traffic Signal Maintenance Districts.
1. Protest hearing as required by Resolution of Intention No. 1453 regarding the
assessments for twelve (12) Traffic Signal Maintenance Districts.
2. Resolution approving and adopting the Public Works Director's report for twelve (12)
Traffic Signal Maintenance Districts and the 2006-2007 budgets, confirming the
assessments and authorizing collection of assessments by the Kern County Tax Collector.
(Wards 1, 3, 4, 5, 6 and 7)
RECOMMENDATION
Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1453 on May 24, 2006,
preliminarily adopting, confirming and approving the Public Works Director's Report and the 2006-2007
budgets for the Traffic Signal Maintenance Districts. This Resolution also set the protest hearing date for
June 7, 2006. Traffic signal assessment rates were not increased for the 2006-2007 fiscal year. Notice of
the protest hearing has been published in accordance with Chapter 13.04 of the Bakersfield Municipal
Code in the manner required by law.
1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the amount of
the assessment on any parcel of property to be assessed and the reservation by the City of right to elect
whether to proceed to perform work by City forces or by private contractor.
2. This Resolution confirms the 2006-2007 Traffic Signal Maintenance District assessments and
authorizes collection of the assessments by the Kern County Tax Collector.
Resolution of Intention No. 1453 is on file in the City Clerk's office.
de
May 19, 2006, 1 :OBPM
S:\PROJECTS\MAINDIST\ TRAFSIGlAdmin\TS_FY06-07 _Hrg-AII.dot
-'-'-
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Hearings
ITEM: I 'ð . h.
TO: Honorable Mayor and City Council
FROM: Raul M. Rojas, Public Works Director
APPROVED
DEPARTMENT HEAD t~;(L
CITY ATTORNEY /J!ii4,
CITY MANAGER Þ
DATE: May 19, 2006
SUBJECT: Consolidated Maintenance District.
1. Protest hearing as required by Resolution of Intention No. 1454 regarding the park
landscaping assessments for the Consolidated Maintenance District.
2. Resolution approving and adopting the Public Works Director's report for the
Consolidated Maintenance District and the 2006-2007 budget, confirming the park
landscaping assessments and authorizing collection of assessments by the Kern County
Tax Collector. (Rates increase only for new developments) (All wards)
RECOMMENDATION
Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1454 on May 24, 2006,
preliminarily adopting, confirming and approving the Public Works Director's Report and the 2006-2007
park landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest
hearing date for June 7, 2006. Notice of the protest hearing has been published in accordance with
Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law.
1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of
benefit including tier level, the amount of the park landscaping assessment on any parcel of property to be
assessed and the reservation by the City of right to elect whether to proceed to perform work by City
forces or by private contractor.
2. This Resolution confirms the 2006-2007 Consolidated Maintenance District park landscaping
assessments and authorizes collection of the assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue
for the maintenance of street and median landscaping and park maintenance within the Consolidated
Maintenance District. As of January 12, 2005, all new developments that benefit from public parks and/or
street landscaping shall be added to the Consolidated Maintenance District and shall be assessed,
consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution
No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los
Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates
will remain at the 2004-2005 level. Resolution of Intention No. 1454 is on file in the City Clerk's office.
de
May 19, 2006, 2:17PM
S:IPROJECTSIMAINOISTlAOMINRPTlAOM_ CMD _06-07 _Hrg_Pk.dot
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Hearings
ITEM: \ ,?,'.
TO:
FROM:
DATE:
Honorable Mayor and City Council
APPROVED
DEPARTMENT HEAD ¡l!L
CITY ATTORNEY ~
CITY MANAGER ' lie
Raul M. Rojas, Public Works Director
May 19, 2006
SUBJECT: Consolidated Maintenance District.
1. Protest hearing as required by Resolution of Intention No. 1455 regarding the street
landscaping assessments for the Consolidated Maintenance District.
2. Resolution approving and adopting the Public Works Director's report for the
Consolidated Maintenance District and the 2006-2007 budget, confirming the street
landscaping assessments and authorizing collection of assessments by the Kern County
Tax Collector. (Rates increase only for new developments) (All wards)
RECOMMENDATION
Staff recommends overriding protests and adopting the Resolution.
BACKGROUND: The City Council approved Resolution of Intention No. 1455 on May 24, 2006,
preliminarily adopting, confirming and approving the Public Works Director's Report and the 2006-2007
street landscaping budget for the Consolidated Maintenance District. This Resolution also set the protest
hearing date for June 7, 2006. Notice of the protest hearing has been published in accordance with
Chapter 13.04 of the Bakersfield Municipal Code in the manner required by law.
1. This hearing is to hear protests only on the following: the fairness of the benefit formula, the zone of
benefit including tier level, the amount of the street landscaping assessment on any parcel of property to
be assessed and the reservation by the City of right to elect whether to proceed to perform work by City
forces or by private contractor.
2. This Resolution confirms the 2006-2007 Consolidated Maintenance District street landscaping
assessments and authorizes collection of the assessments by the Kern County Tax Collector.
On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park
Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue
for the maintenance of street and median landscaping and park maintenance within the Consolidated
Maintenance District. As of January 12, 2005, all new developments that benefit from public parks and/or
street landscaping shall be added to the Consolidated Maintenance District and shall be assessed,
consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution
No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los
Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index.
Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates
will remain at the 2004-2005 level. Resolution of Intention No. 1455 is on file in the City Clerk's office.
de
May 19, 2006, 1 :49PM
S:\PROJ ECTSIMAINDISTlAOMINRPTlAOM_ CMO _06-07 _Hrg-St.dot
Ð
ADMINISTRATIVE
REPORT
MEETING DATE: June 7,2006
AGENDA SECTION: Hearing
ITEM: I Y. q .
TO:
Honorable Mayor and City Council
APPROVED
FROM:
John W. Stinson, Assistant City Manager
DEPARTMENT HEAD
CITY ATTORNEY
CITY MANAGER
6lJ7
/èìJU-
At,
DATE:
May 25, 2006
SUBJECT: Public Hearing for the FY 2006-07 Operating, Bakersfield Redevelopment Agency and
Capital Improvement Program Budgets.
RECOMMENDATION:
Staff recommends Council hear public testimony.
BACKGROUND:
Each year a public hearing is required to receive pUblic comment prior to adoption of the budget. The FY
2006-07 Budget is proposed at $519,630,620, which includes a $379,363,220 Operating Budget,
$17,267,519 Bakersfield Redevelopment Agency Budget, and a $140,267,400 Capital Improvement Budget
(including Redevelopment Agency capital improvements). Final adoption of the budget is scheduled for
June 21, 2006.
Prior to this public hearing, individual department budget presentations were made to the City Council on
May 15, 2006; June 5,2006 and June 7, 2006. Responses to Council budget questions resulting from the
budget presentations were forwarded to each Council member.
jws
5/2612006 9:53 AM
S:\06-07BUDPROIBudget Hearing 060706 Admin.doc
ADMINISTRATIVE REPORT
MEETING DATE: June 7,2006
AGEN~A SECTION: Hearings
ITEM: \4. b.
TO:
FROM:
DATE:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
May 25, 2006
CITY ATTORNEY
CITY MANAGER
5?--
Øwt4
k/
SUBJECT: General Plan Amendment/Zone Change 05-1450 (Ward 4 Upon Annexation)
SmithTech/USA Inc. representing Michel & Margaret Ann Etcheverry Family Limited Partnership, the
property owner, has applied for a general plan amendment and zone change on approximately
66.25 acres located on the south side of Seventh Standard east of the Calloway Canal.
1. Resolution approving the Negative Declaration and adopting the general plan
amendment changing the land use designation from SR (Suburban Residential) to LR
(Low Density Residential) on approximately 66.25 acres.
2. First reading of ordinance approving the Negative Declaration and amending Title 17
of the Municipal Code and Zoning Map No. 101-01 from A (Agriculture) to R-1 (One
Family Dwelling Zone) on approximately 66.25 acres.
RECOMMENDATION:
Staff recommends adoption of a resolution approving the Negative Declaration, approving proposed
general plan amendment and first reading of the ordinance.
BACKGROUND:
Originally heard on May 24, 2006, continued to June 7, 2006 pending resolution of various conditions of
approval.
Upon annexation into the City, the proposal would allow for the development of approximately 275
single-family residential units on the 66.25-acre project site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on April 6, 2006. Terri Bjorn, representing Crimson
Resource Management, the mineral rights owner within the project area, testified at the public hearing.
Ms. Bjorn indicated that Crimson has been in communication with the developer and is confident that
they will be able to reach agreement at the tentative map stage; however, she requested several
modifications to the Negative Declaration with respect to mineral resources, which the Planning
Commission incorporated into their motion. Dennis McLean and Vic Supertino, neighboring property
owners, also testified at the public hearing; both stated that they would prefer that the southern portion
of the project area remain Suburban Residential to be more compatible with existing development
designated Rural Residential to the south. Correspondence from Southern California Edison, Kern
ADMINISTRATIVE REPORT
Page 2
County Superintendent of Schools, San Joaquin Valley Air Pollution Control District, Dennis and Laura
McLean, Crimson Resource Management, State of California Department of Conservation, North of the
River Sanitary District No.1, and North of the River Recreation and Park District, as well as a
memorandum from the Planning Director to the Planning Commission containing staffs responses to
these letters, are included in the backup material for this item. Correspondence was also received from
Norman and Edith Reimers, owners of property in the immediate vicinity; this letter and a response
letter from the applicant, Smith Tech/USA Inc., are included in the backup material for this item.
The Calloway Canal currently separates the project area from the Rural Residential area to the south.
The Calloway Canal ranges in width between 150 and 300 feet and the Planning Commission found
this to be an adequate buffer between the proposal and the existing large lot neighborhood adjacent to
the south and west of the project. The Planning Commission recommends a condition of approval
requiring a buffer (to be determined by the Commission) between the project area and the Rural
Residential area to the south if the Calloway Canal is relocated. In addition, conditions of approval and
mitigation measures which address air quality, traffic, and cultural resources impacts are recommended
as part of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on February 17, 2006,
in accordance with CECA.
CK\Adminl6-7 -1450
ADMINISTRATIVE REPORT
MEETING DATE: June 7, 2006
AGENDA SECTION: Hearings
ITEM: \ L.\ . C- '
TO:
FROM:
Honorable Mayor and City Council
Stanley C. Grady, Development Services Director DEPARTMENT HEAD
APPROVED
DATE:
May 25, 2006
CITY ATTORNEY
CITY MANAGER
~
¡Jmk
f0
SUBJECT: General Plan AmendmenVZone Change 05-1453 (Ward 4, upon annexation)
SmithTech/USA, Inc., representing Breckenridge Development Co., Inc., the property owner, has
applied for a general plan amendment on 90 acres, located at the east side of Coffee Road, north of
Snow Road, and west of the Beardsley Canal.
1. Resolution approving the Negative Declaration and adopting the general plan amendment and
changing the land use designation from SR (Suburban Residential) to LR (Low Density
Residential) on 90 acres.
2. First reading of ordinance approving the Negative Declaration and amending Title 17 of the
Municipal Code and Zoning Map No. 102-04 from A (Agriculture) to R-1 (One Family Dwelling)
on 90 acres.
RECOMMENDATION:
Staff recommends adoption of resolution approving the Negative Declaration, approving the general
plan amendment and first reading of the ordinance.
BACKGROUND:
Originally heard on May 24, 2006, continued to June 7, 2006 pending resolution of issue regarding
overall density.
The applicant's original proposal included 10 acres of GC (General Commercial) on the corner of Snow
Road and Coffee Road. This portion of the applicant's request is inconsistent with general plan policy,
which encourages the % mile separation of new commercial designations from existing commercial
designations. The Planning Commission is recommending the denial of this portion of the request and
applicant did not oppose this decision at the public hearing. Staff recommendation would allow for the
development of approximately 372 single-family residential units on the approximately 90-acre project
site.
The Planning Commission conducted a public hearing on this general plan amendment/zone change
and recommended approval to the City Council on April 6, 2006. F. Parker Peacock & T. SChroepfer
submitted comment letters to the Planning Department dated March 13, 2006, which are included in the
backup of this item. Mr. Peacock addressed the Planning Commission during the public hearing and
stated that the proposal would not be compatible with the adjacent SR (Suburban Residential) land use
ADMINISTRATIVE REPORT
Page 2
designation located to the south of the project site. Correspondence from T. SChroepfer expressed his
opposition to the proposal and stated that it would not be compatible with the SR (Suburban
Residential) land use designation north of the project site. The original SR for the area was required
because there was no sewer available. The smallest lot size is 14 acre (SR) for the use of septic tanks
and leach fields. With the growth of the City into this area, sewers are now available. The request (to
LR) is typical of urban development within the City of Bakersfield and neither staff nor public agency
has identified any unresolved issue with this proposal and the provision of public services. In addition,
conditions of approval and mitigation measures which address agriculture, cultural resources, traffic,
and air quality are recommended as part of the project approval.
Staff conducted an initial study and it was determined that the project would not have a significant effect
on the environment. Therefore, a negative declaration was prepared and posted on March 10, 2006, in
accordance with CECA.
Js:\adminl6-7-14S3
ADMINISTRATIVE REPORT
MEETING DATE June 7, 2006
AGENDA SECTION: Workshops
ITEM: liS.a.·
TO:
Honorable Mayor and City Council
APPROVED
CITY MANAGER
FROM:
Flom Core, Water Resources Manager
DEPARTMENT HEAD
DATE:
May 25, 2006
CITY ATTORNEY
SUBJECT:
Update on Isabella Dam and Flood Emergency Operations within the City. (Staff presentation by
Florn Core, Water Resources Manager and Bill Rector, Police Chief)
RECOMMENDA nON:
BACKGROUND:
The Water Resources Manager will provide status of the Isabella Dam situation and the Police Chief will
give a presentation on flood ernergency operations within the City of Bakersfield.
FC:fc
8:\2006 ADMIN REPORTS\June7workshoplsabella.doc
MINUTES OF THE BAKERSFIELD
CITY COUNCIL MEETING
MAY 15, 2006
City Council Chambers
1501 Truxtun Avenue
Department Budget Presentation Meeting - 12:00 noon
BUDGET MEETING
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Council members
Benham (seated at 2:15 p.m.),
Hanson, Scrivner
Carson,
Couch,
Absent:
Vice-Mayor Maggard
2. DEPARTMENT BUDGET PRESENTATIONS
a. General Government
Assistant City Manager Christensen made a
computer presentation and provided handouts.
Councilmember Hanson requested information
regarding an increases in budgets for the City
Clerk's Office, Human Resources and IT.
Assistant City Manager Christensen and City
Manager Tandy responded.
Councilmember Carson requested information
regarding monies being set aside for standing
Council Committees operations. City Manager
Tandy responded.
Councilmember Carson requested staff analyze the
need for City Council being provided staff or expanding
the number of members on the Council; additionally
requested assurance of diversity in the workplace and
compliance with EEC and Fair Employment Practices
be a goal in the Human Resources Division.
Councilmember Couch requested budget presentation
information and a copy of the Proposed Budget be
forwarded to the Kern Taxpayers Association along
with an invitation to attend the budget hearings.
-., '..-. - --~<,-_.._--------_."...,~---.------._-
Bakersfield, California, May 15, 2006 - Page 2
2.
DEPARTMENT BUDGET PRESENTATIONS continued
b. Fire Department
Fire Chief Fraze gave a computer presentation and
provided handouts.
Councilmember Hanson requested clarification
regarding call volume, arson convictions, time
response standards and ratio of fire stations to build-
out; additionally requested information regarding
the length of time required from planning of building
a new fire station to the time it is functioning. Chief
Fraze and City Manager Tandy responded.
Council member Carson stated she would like to see
a fire station prototype in order to expedite building
of additional fire stations and requested information
regarding staffing levels of fire department
personnel and whether a formula to assure the ratio
of firefighters to population is achieved. Chief
Fraze responded.
Councilmember Carson requested information
regarding the number of firefighters and police officers
employed by the City.
Councilmember Couch requested information
regarding the proposed transfer of County Fire
Station 65 to the City and the timeline involved.
City Manager Tandy responded.
Councilmember Couch requested staff outline a
contingency plan should the consultant recommend
immediate construction of multiple fire stations;
additionally analyze the feasibility implementing the
process to construct Fire Station 14 as soon as the
current budget process is completed.
c. Development Services Department
Development Services Director Grady, with the
assistance of Planning Director Movius and Building
Director Burns gave a computer presentation and
provided handouts.
Council member Hanson requested information
regarding staffing issues including costs; additionally
operating cost issues and the feasibility of
recovering costs from habitual/continual offenders.
Development Services Director Grady responded.
ACTION TAKEN
Bakersfield, California, May 15, 2006 - Page 3
2.
DEPARTMENT BUDGET PRESENTATIONS continued
Item 2.c. continued
Councilmember Carson requested information
regarding the rate of development in the City.
Development Services Director Grady responded.
Council member Sullivan requested information
regarding the ratio of Supervisors to Code
Enforcement personnel; additionally requested
information concerning the use/administration of
Tire Grant Funds. Development Services Director
Grady and Building Director Burns responded.
Councilmember Couch thanked the Development
Services staff for their efforts in the past few years.
d. Finance Department
Finance Director Smith gave a computer
presentation and provided handouts.
Council member Hanson requested clarification
regarding the triple flip and payments in lieu.
Finance Director Smith responded.
Councilmember Carson requested information
regarding distribution from the Thomas Roads
funds, booking fees and unfunded liabilities.
Finance Director Smith and City Manager Tandy
responded.
Councilmember Scrivner requested clarification
regarding unfunded liabilities. Finance Director
Smith responded.
Councilmember Scrivner requested staff report to him
regarding projected savings due to changes in the
retiree medical plan over the next forty-five years.
Council member Couch requested information
regarding the City's credit rating and cash position.
Finance Director Smith responded.
ACTION TAKEN
Bakersfield, California, May 15, 2006 - Page 4
2.
DEPARTMENT BUDGET PRESENTATIONS
e. Police Department
Police Chief Rector and Assistant Chief Lynn gave a
computer presentation and provided handouts.
Councilmember Carson
regarding online crime
cameras, placement and
offenders and identity
responded.
requested information
reporting, surveillance
tracking of paroled sex
theft. Chief Rector
Council member Scrivner requested information
regarding response time priority and officer
recruitment response. Chief Rector responded.
Councilmember Scrivner requested staff present a plan
for meeting the Council Goal of 1.3 police officers per
thousand population.
Councilmember Couch requested information
regarding the National Night Out and the feasibility of
staging the event simultaneously at different locations.
Council member Hanson requested information
regarding duties of the Police Service Technicians.
Chief Rector responded.
3. PUBLIC STATEMENTS
None.
4. ADJOURNMENT
Meeting was adjourned by Mayor Hall at 2:50 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
- ,..-" --. ---".,,_. ._'_...._-_.._...._-'~-....---'-
ACTION TAKEN
BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MAY 24, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson Benham, Couch,
Hanson, Sullivan (seated at 5:26 p.m.)
Scrivner
Absent:
None.
2. INVOCATION by Rabbi Cheryl Rosenstein, Temple
Beth EI.
3. PLEDGE OF ALLEGIANCE by Jacob Parks, 9th Grade
Student at Bakersfield High School.
4. PUBLIC STATEMENTS
a. Bruce Freeman, President of Castle & Cooke, spoke
regarding the Federal Courthouse and announced
the GSA has allowed Castle & Cooke to remove
itself from the contract.
5. APPOINTMENTS
a. Two (2) appointments to the Bakersfield
Redevelopment Agency due to the resignation of
Shirlyn Davenport, term expiring April 22, 2007 and
the expiration of term of Leonard Schroeder, term
expired April 22, 2006.
Mayor Hall nominated Larry Koman to fill the
unexpired term of Shirlyn Davenport ending April 22,
2007, and Sara Takii to a full term expiring April
22,2010, on the Redevelopment Agency.
Motion by Vice-Mayor Maggard to approve the Mayor's
nominations.
APPROVED
AB BENHAM
6.
Bakersfield, California, May 24, 2006 - Page 2
CONSENT CALENDAR
ACTION TAKEN
Minutes:
a. Approval of minutes of the May 10, 2006, Regular
City Council Meeting.
Payments:
b. Approval of department payments from April 28,
2006 to May 11, 2006 in the amount of
$11,252,475.11 and self insurance payments from
April 28, 2006 to May 11, 2006 in the
amount of $308,063.86.
Ordinances:
c.
First Reading of Ordinance amending Municipal
Code Sections 1.12.030, 1.12.40 and
1.12.050 by adding Annexation No. 467 to Ward 3,
Annexation Nos. 484 and 490 to Ward 4
and Annexation 440 to Ward 5
FR
d.
First Reading of Ordinance amending Section
14.04.120 of the Municipal Code relating to
water rates and fees.
FR
Resolutions:
e.
Resolution approving a Memorandum of
Understanding for the employees of the Association
of Bakersfield Police Officers for salaries and related
benefits and adopting salary schedule.
RES 126-06
f.
Resolution adding territory, Area 5-26 (E Panama, S
Union SE) to the Consolidated Maintenance District
and confirming the assessments, approving the
Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
RES127-06
g.
Resolution to adopt a County Transportation
Expenditure Plan.
Resolution to Congressman Jim Costa and
Congressman Bill Thomas to request emergency
funding for the Army Corps of Engineers to expedite
the investigation, monitoring, studies and repairs of
the Lake Isabella Dam and Reservoir Project.
RES 129-06
RES 128-06
h.
Bakersfield, California, May 24, 2006 - Page 3
6. CONSENT CALENDAR continued ACTION TAKEN
i. Resolutions approving applications proposing
proceedings for annexation of uninhabited
territories identified as:
1. Annexation No. 495 consisting of 60.88 RES 130-06
acres located north of Reina Road to
Kratzmeyer Road, west of Allen Road.
2. Annexation No. 512 consisting of 46.14 RES 131-06
acres located north of Snow Road, east of
Calloway Drive, west of the Calloway Canal.
3. Annexation No. 527 consisting of 81.06 RES 132-06
acres located west of Gosford Road
generally north of Taft Highway.
4. Annexation No. 537 consisting of 79.01 RES 133-06
acres located north of Snow Road between
Coffee Road and Calloway Road, south of
Etchart Road.
RES 134-06
5. Annexation No. 546 consisting of 22.32
acres located south of Berkshire Road, east
of South Union Avenue.
6. Annexation No. 541 containing 6.67 acres RES 135-06
located near the entrance to Kern River
Golf Course, near Lake Ming Road and
Rudal Street.
j. Resolution of Intention No. 1450 to order the RO/1450
vacation of the superseded right of way
dedication located southwesterly of the intersection
of Sillect Avenue and Arrow Street.
k.
Resolution of Intention No. 1453 preliminarily
adopting, confirming and approving Public
Works Director's Report for the Traffic Signal
Maintenance Districts and the 2006-07
budgets; setting time and place for hearing protests
on the amount of assessments to be levied
throughout each of the Traffic Signal Maintenance
Districts.
ROl1453
Bakersfield, California, May 24, 2006 - Page 4
6.
CONSENT CALENDAR continued
I.
Resolution of Intention No. 1454 preliminarily
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District and the 2006-07 budget;
setting time and place for hearing protests on the
amount of park landscaping assessments
to be levied throughout the Consolidated
Maintenance District.
m.
Resolution of Intention No. 1455 preliminarily
adopting, confirming and approving the Public
Works Director's Report for the Consolidated
Maintenance District and the 2006-07 budget;
setting time and place for hearing protests on the
amount of street and median landscaping
assessments to be levied throughout the
Consolidated Maintenance District.
n. McAllister Ranch Planned Sewer Area:
1.
Resolution of Intention No. 1457 to establish
the McAllister Ranch Planned Sewer
Area and preliminarily approving the
boundaries of the area and the cost and fee
schedule.
2.
First Reading of Ordinance amending
Section 16.32.060 of the Municipal Code
relating to sewer facilities.
o.
Resolution of Intention No. 1458 to order the
vacation of the 15 feet of right of way for
Berkshire Road between Granite Hills Street and
Shallow Cove Way, and, the temporary access,
turnaround, and slope easement located northwest
of the intersection of Berkshire Road and Granite
Hills Street.
Agreements:
p. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with Castle & Cooke California, Inc. for
Tract 6475 Phases 4 & 5 located east of
Ashe Road and north of Panama Lane.
2.
Final Map and Improvement Agreements
with Centex Homes for Tract 6349 Phase 3
located north of Panama Lane and west of
Buena Vista Road.
ACTION TAKEN
ROl1454
RO/1455
ROl1457
FR
ROl1458
AGR06-129
AGR 06-130
Bakersfield, California, May 24, 2006 - Page 5
6.
CONSENT CALENDAR continued
Item 6.p. continued
3.
Final Map and Improvement Agreement with
McMillin Albany, LLC for Tract 6169
Phase 5 located north of Panama Lane and
east of Old River Road.
4.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6290 Unit 2 located south of McKee
Road and west of Stine Road.
q. General Plan AmendmenUZone Change No. 05-
1580 (Ten Section, LP) generally located at the
southeast corner of Panama Lane and Nord Road.
1.
Agreement with Ten Section, LP
($192,645.00) for the preparation of an
Environment Impact Report (EIR) and
appropriate $192,645.00 (developer's
contribution) to the Development Services
Operating Budget in the General Fund.
Agreement with RBF Consulting
($144,845.00) to prepare and Environmental
Impact Report (EIR) for General Plan
Amendment/Zone Change for General Plan
Amendment No 05-1580.
2.
r.
Agreement with Floyd Johnston Construction
Company, Inc. (not to exceed $6,500,000.00)
for time and materials to construct the
McCutchen/Gosford sewer lift station for
Wastewater Treatment Plant NO.3.
s.
Agreement with BSK Associates (not to exceed
$47,840.00) to provide groundwater sampling and
reporting services for Wastewater Treatment Plants
Nos. 2 & 3.
Agreement with Kern County Superintendent of
Schools for use of Proposition 12 Funds to
construct a Kern River Educational Pavilion at the
California Living Museum.
Agreement with Kern County allowing City to enter
into contracts with vendors that will be paid by
Homeland Security Grant funding.
t.
u.
ACTION TAKEN
AGR 06-132
AGR 06-133
AGR 06-134
AGR 06-135
AGR 06-136
AGR 06-137
AGR 06-138
AGR 06-139
Bakersfield, California, May 24, 2006 - Page 6
6.
CONSENT CALENDAR continued
v.
Amendment NO.1 to Agreement No. 05-0442
($101,078.75; revised not to exceed
$350,000.00) with Krazan & Associates, Inc. for
providing geotechnical and material testing
services.
w.
Amendment NO.1 to Agreement No. 06-101
(originally Agreement No. CA05-013) with
Clifford & Brown ($190,000.00, total not to exceed
$340,000.00) for outside legal services in
the matter of Elizabeth Ann Peel, et al v City, et al.
Bids:
x. Reject all bids for construction of two (2) concrete
block pump houses, pumps and motors for
the Ashe Road Water Well Project (CBK-45 and L-
212).
y.
Accept bid to award contract to Loop Electric Inc.
($115,495.02) for traffic signal and lighting
system installation at the intersection of Fairfax
Road and Highland Knolls Drive.
z.
Accept bid to award contract to Nicholas
Construction ($2,265,790.00) to construct sewer
storm drain and street improvements along Allen
Road from Rosedale Highway to Hageman
Road.
aa.
Accept bid and award contract to Bakersfield Well &
Pump Company ($1,067,145.00) for drilling and
pump testing three (3) domestic water wells: CBK-
47 located on Rockefeller Court, CBK-48 located on
Barley Harvest Avenue, and CBK-49 located on the
southeast corner of Pensinger and Entrada Del
Auqua.
Miscellaneous:
bb. Appropriate $1,000,000 California Housing Finance
Agency (CaIHFA) loan funds to the Old Town Kern
Redevelopment Project Area Operating Fund for the
Bakers Street Mixed Use Project - The Village at
Baker Street.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 6.a. through 6.bb. with corrections to
item 6.h.
ACTION TAKEN
AGR 05-442(1)
AGR 05-101(1)
AGR 06-140
AGR 06-141
AGR 06-142
APPROVED
Bakersfield, California, May 24, 2006 - Page 7
7.
CONSENT CALENDAR HEARINGS
City Clerk McCarthy announced correspondence
was received from Frank Echenique and Dolores
Phair in opposition to item 7.0.
a.
Public Hearing to consider Resolution ordering the
vacation of the entire alley between Lake Street and
Kentucky Street, from King Street to Baker Street,
and portion of the alley between Lake Street and
Kentucky Street, from Baker Street to Kern Street.
b. Public Hearing to consider General Plan
Amendment/Zone Change 05-1930: Quad Knopf,
representing the Bakersfield Redevelopment
Agency (property owner), has applied for a
general plan amendment and zone change on 6.61
acres comprised of the block bounded by Baker
Street, Lake Street, King Street and Kentucky
Street, and a portion of the block bounded by Baker
Street, Lake Street, Kern Street and Kentucky
Street.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to MUC (Mixed Use Commercial) on 6.61
acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
NO.1 03-29 from C-2 (Regional
Commercial) to PCD (Planned Commercial
Development) on 6.61 acres.
c. Public Hearing to consider General Plan
Amendment/Zone Change 05-0423;
SmithTech/USA, Inc. representing Pascoe Family
Investments, LLC (property owner) has applied for a
general plan amendment and zone change on
approximately 100 acres located at the northeast
corner of Gosford Road and McCutchen Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on approximately 100 acres.
ACTION TAKEN
RES 136-06
RES 137-06
FR
RES 138-06
Bakersfield, California, May 24, 2006 - Page 8
7.
CONSENT CALENDAR HEARINGS continued
Item 7.c. continued
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-28 from A (Agriculture) to R-1
(One Family Dwelling) on approximately 100
acres.
d. Public Hearing to consider General Plan
Amendment/Zone Change No. 05-1445; Mcintosh &
Associates, representing Castle & Cooke California,
I nc. (property owner) has applied for a general plan
amendment and zone change on 9.88 acres located
at the northeast corner of Panama Lane and Ashe
Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to HMR (High Medium Density Residential)
on 9.88 acres.
2
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-22 from C-2 (Regional Commercial)
to R-2/PUD (Limited Multiple Family Dwelling
Zone/Planned Unit Development Zone) on
9.88 acres.
e. Public Hearing to consider General Plan
Amendment/Zone Change 05-1452;
SmithTech/USA, Inc. representing OMAX, LLC
(property owner), has applied for a general
plan amendment on 80 acres located at the
northwest corner of Taft Highway and Gosford
Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 70 acres and GC (General Commercial)
on the remaining 10 acres.
ACTION TAKEN
FR
RES 139-06
FR
RES 140-06
Bakersfield, California, May 24, 2006 - Page 9
7.
CONSENT CALENDAR HEARINGS continued
Item 7.e. continued
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-32 from A (Agriculture) to R-1
(One Family Dwelling) on 70 acres and A to
C-2 (Regional Commercial) on 10 acres.
/. Public Hearing to consider General Plan
Amendment No. 05-0424; Pinnacle Engineering,
representing Donald & Virginia Robson Trust
(property owner) has applied for a general plan
amendment on 55 acres, located at the southeast
corner of Watts Drive and Cottonwood Road.
2.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from LI (Light Industrial) to LMR
(Low Medium Residential) on 55 acres.
g. Public Hearing to consider General Plan
Amendment/Zone Change 05-0599; Pinnacle
Engineering, representing Jim and Cindy Edwards
(property owner) has applied for a general plan
amendment and zone change on approximately 20
acres located at the southeast corner of Cottonwood
Road and East White Lane.
1.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from HI (Heavy Industrial) to
LMR (Low Medium Density Residential) on
approximately 20 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124-16 from M-3 (Heavy Industrial) to
R-2 (Limited Multiple Family Dwelling) on
approximately 20 acres.
2.
ACTION TAKEN
FR
RES 141-06
RES 142-06
FR
Bakersfield, California, May 24, 2006 - Page 10
7.
CONSENT CALENDAR HEARINGS continued
h. Public Hearing to consider General Plan
Amendment/Zone Change 05-1021; Michael
Dhanens Architect, representing Tammy Nguyen
and California Water Service Company
(property owners) has applied for a general plan
amendment and zone change on 2.28 acres
located at the northeast corner of V Street and 3rd
Street.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to HMR (High Medium Density Residential)
on a 2.14 acre parcel and from GC to P
(Public Facilities) on a 0.14 acre parcel.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 103-31 from C-2 (Regional
Commercial) to R-2 (Limited Multiple Family
Dwelling) on 2.28 acres.
i. Public Hearing to consider General Plan
Amendment/Zone Change 05-1280; Jerry
Hendricks, representing Helen and Waldo Jones
(property owner) has applied for a general
plan amendment and zone change on
approximately 25 acres located north of Hosking
Road between Union Avenue and Cottonwood
Road.
1.
2.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on approximately 25 acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 124-29 from A (Agriculture) to R-1
(One Family Dwelling) on approximately 25
acres.
ACTION TAKEN
RES 143-06
FR
RES 144-06
FR
Bakersfield, California, May 24, 2006 - Page 11
7.
CONSENT CALENDAR HEARINGS continued
j. Public Hearing to consider General Plan
Amendment 05-1455; Lynx Realty & Management,
representing William & Geraldine Skaggs (property
owner) has applied for a general plan
amendment on approximately 5 acres located at the
northeast corner of Stine Road and
Berkshire Road.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to HR (High Density Residential)
on approximately 5 acres.
k. Public Hearing to consider General Plan
Amendment/Zone Change 05-1442;
Marino/Associates, representing Arredondo
Ventures, Inc. (property owner) has applied for a
general plan amendment on 5.5 acres located on
the south side of Panama Lane between Wible
Road and Windflower Avenue.
1.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from LR (Low Density
Residential) to GC (General Commercial) on
5.5 acres.
2
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 123-26 from R-1 (One Family
Dwelling) to C-2 (Regional Commercial) on
5.5 acres.
I. Public Hearing to consider General Plan
Amendment/Zone Change 05-1361; Mcintosh &
Associates representing Sterling Oaks Investments,
LLC (property owner) has applied for a general plan
amendment on 7.32 acres and zone change on 4.60
acres located on the west side of Morning Drive
approximately 1,000 feet south of State Route 178.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from LR (Low Density
Residential) to HMR (High Medium Density
Residential) on 7.32 acres.
ACTION TAKEN
RES 145-06
RES 146-06
FR
RES 147-06
Bakersfield, California, May 24, 2006 - Page 12
7.
CONSENT CALENDAR HEARINGS continued
Item 7.1. continued
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 103-24 from R-1 (One Family Dwelling)
to R-2 (Limited Multiple Family Dwelling) on
4.60 acres.
m. Public Hearing to consider General Plan
Amendment No. 05-1421; Cal-Kern II, LLC
(applicant and property owner) has applied for a
general plan amendment on approximately
20 acres located north of State Highway 178 and
east of Morning Drive.
2.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-MP (Resource-Mineral
Petroleum) to LR (Low Density Residential)
on approximately 20 acres.
n Public Hearing to consider General Plan
Amendment/Zone Change 05-1451;
SmithTech/USA, Inc., representing Bear Mountain
Development, Inc. (property owner), has applied for
a general plan amendment on 43 acres (40 acres of
the 83 acres site to remain SR) located on the north
and south of Etchart Road and on the west side of
the Beardsley Canal.
1.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from SR (Suburban Residential)
to LMR (Low Medium Density Residential)
on approximately 7.73 acres and SR to LR
(Low Density Residential) on 35.87 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
Nos. 102-04 and 102-05 from A (Agriculture)
to E (Estate Residential) on 39.41 acres and
A to R-2/PUD (Limited Multiple Family
Dwelling/Planned Unit Development) on 7.73
acres and A to R-1 (One Family Dwelling) on
35.87 acres.
2.
ACTION TAKEN
FR
RES 148-06
RES 149-06
FR
Bakersfield, California, May 24, 2006 - Page 13
7. CONSENT CALENDAR HEARINGS continued
o. Public Hearing to consider General Plan
Amendment/Zone Change 05-1448; James C.
Lundy, representing the Thropp Jackson Trust
(property owner), has applied for a general
plan amendment and zone change on
approximately 51 acres located between Calloway
Drive and EI Toro Viejo Road, immediately north of
the Burlington Northern Santa Fe (BNSF)
Railway.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from ER (Estate Residential) to
LR (Low Density Residential) on
approximately 51 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 102-29 from A (Agriculture) to R-1
(One Family Dwelling) on approximately 51
acres.
2
p. Public Hearing to consider General Plan
Amendment/Zone Change 05-1257;
Marino/Associates, representing Harold Johnson,
Patricia Schrieiver, Michael Lorenzi and Susan
Piper by Ted Piper (property owner), has applied for
a general plan amendment on 80 acres, located at
the northeast corner of Pensinger Road and South
Allen Road.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential)
on 80 acres.
2.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 122-24 from A (Agriculture) to R-1
(One Family Dwelling) on 80 acres.
ACTION TAKEN
RES 150-06
FR
RES 151-06
FR
Bakersfield, California, May 24,2006 - Page 14
7.
CONSENT CALENDAR HEARINGS continued
q. Public Hearing to consider General Plan
Amendment/Zone Change 05-1343; Porter-
Robertson Engineering, representing Stockdale Oil
& Gas, Inc. (property owner), has applied for a
general plan amendment and zone change on 74.71
acres located on the west side of Miramonte Drive,
approximately Y:! mile south of State Highway 178.
1.
Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from R-EA (Resource-Extensive
Agriculture) and R-MP (Resource-Mineral &
Petroleum) to LR (Low Density
Residential) on 74.71 acres.
First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 104-15 from A (Agriculture) to R-1
(One Family Dwelling) on 74.71 acres.
2.
Hearings opened at 5:28 p.m.
No one spoke.
Hearings closed at 5:29 p.m.
Motion by Vice-Mayor Maggard to approve the staff
recommendations on Consent Calendar Hearing items
7.a. through 7.q.
ACTION TAKEN
RES 152-06
FR
APPROVED
Bakersfield, California, May 24, 2006 - Page 15
8.
HEARINGS
a.
Protest Hearing to consider Resolution adding
territory, Area 4-44 (Chester Avenue, 24th Street to
Garces Circle) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
Assistant Public Works Director LaRochelle made
staff comments.
Hearing opened at 5:33 p.m.
Mimi Audello, San Joaquin Community Hospital,
spoke in favor of the staff recommendation.
Hearing closed at 5:35 p.m.
Mayor Hall announced a dinner break during which
the City Clerk will tabulate the ballots for adding
territory to Consolidated Maintenance District Area
4-44.
RECESS
Recess taken from at 5:35 p.m.
Meeting reconvened at 6:35 p.m.
Mayor Hall announced Council will continue with
item B.a.
City Clerk McCarthy announced the results of the
vote on the Chester Ave. Maintenance District:
· 38 total parcels
· 23 responses, response rate of 60.5%
· 20 yes votes, B7%
· 3 no votes, 13%
· Total annual assessment is estimated at
$4,700
· 67.5% of the annual assessment responded
favorably
Motion by Councilmember Benham to override the
protests and adopt the Resolution.
ACTION TAKEN
RES 153-06
APPROVED
Bakersfield, California, May 24,2006 - Page 16
4.
PUBLIC STATEMENTS continued
b. David Rodgers spoke regarding Wifi internet and
submitted a written statement.
8. HEARINGS continued
b. Public Hearing to consider General Plan
Amendment No. 05-1135; The City has
proposed an amendment to the Land Use
Element of the Metropolitan Bakersfield
General Plan related to urban decay studies.
1.
Resolution making findings and
adopting proposed amendment to the
Metropolitan Bakersfield General
Plan related to urban decay studies.
Development Services Director made staff
comments.
Hearing opened at 6:50 p.m.
No one spoke.
Hearing closed at 6:50 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution.
c. Public Hearing to consider General Plan
Amendment/Zone Change 05-0940; Mcintosh &
Associates, representing Patty Smale, Janice
Sheldon, William Sheldon and Barbara Sheldon
(property owners) has applied for a general
plan amendment and zone change on 52.29 acres,
located west of Cottonwood Road, between East
Panama Lane and Pacheco Road. An appeal to the
Planning Commission decision was submitted by
the applicant.
1. Resolution denying the appeal and the
general plan amendment request to change
the land use designation from R-IA
(Resource-Intensive Agriculture) to LR (Low
Density Residential) on 52.29 acres.
2. Resolution denying the appeal and the zone
change from A (Agriculture) to R-1 (One
Family Dwelling) on 52.29 acres.
ACTION TAKEN
RES 154-06
APPROVED
AB BENHAM
Bakersfield, California, May 24, 2006 - Page 17
8.
HEARINGS continued
Item B.c. continued
City Clerk McCarthy announced an appeal has been
submitted by the applicant and correspondence
regarding the issue was received from Dave
Mitchell, Planning Manager, San Joaquin Valley Air
Pollution Control District.
Development Services Director Grady made staff
comments.
Hearing opened at 7:01 p.m.
Roger Mcintosh, Mcintosh & Associates, on behalf
of Patty Smale, Janice Sheldon, William Sheldon
and Barbara Sheldon, spoke in opposition to the
staff recommendation.
John Lewis, on behalf of Farmer John Eggs spoke
in support of the staff recommendation.
Motion by Councilmember Carson to continue the item
to the next General Plan cycle.
d. Public Hearing to consider General Plan
AmendmenUZone Change 05-1450;
SmithTech/USA Inc., representing Michel &
Margaret Ann Etcheverry Family Limited
Partnership (property owner) has applied for a
general plan amendment and zone change on
approximately 66.25 acres located on the south side
of Seventh Standard east of the Calloway Canal.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on
approximately 66.25 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 101-01 from A (Agriculture) to R-1
(One Family Dwelling) on approximately
66.25 acres.
City Clerk McCarthy announced correspondence
was received from Dennis and Laura McLean in
opposition to approval of the item.
ACTION TAKEN
APPROVED
AB BENHAM
Bakersfield, California, May 24, 2006 - Page 18
8.
HEARINGS continued
Item 8.d. continued
Hearing opened at 7:16 p.m.
Anthony Marquez, SmithTech/USA, on behalf
Michel and Margaret Ann Ethcheverry, spoke in
support of the staff recommendation.
Councilmember Couch requested staff meet with him
to discuss the easement before the 6-7-06 meeting.
Motion by Councilmember Couch leave the hearing
open and continue the item to the June 7'" Council
meeting.
e. Public Hearing to consider General Plan
Amendment/Zone Change 05-1453;
SmithTech/USA, Inc., representing Breckenridge
Development Co., Inc., (property owner) has applied
for a general plan amendment on 90 acres, located
at the east side of Coffee Road, north of Snow
Road, and west of the Beardsley Canal.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment and changing the land use
designation from SR (Suburban Residential)
to LR (Low Density Residential) on 90 acres.
2. First Reading of Ordinance approving the
Negative Declaration and amending Title
17 of the Municipal Code and Zoning Map
No. 102-04 from A (Agriculture) to R-1
(One Family Dwelling) on 90 acres.
City Clerk McCarthy announced correspondence
was received from John and Rebecca Scherer and
Richard L. Peoples regarding the item.
Development Services Director Grady made staff
comments.
Hearing opened at 7:20 p.m.
Dan Kleinman and Dale Hoppwood spoke in
opposition to the staff recommendation.
Anthony Marquez, SmithTech/USA, on behalf of
Breckenride Development Co., Inc. spoke in favor of
the staff recommendation.
ACTION TAKEN
APPROVED
AB BENHAM,
CARSON
Bakersfield, California, May 24,2006 - Page 19
8.
HEARINGS continued
Item 8.d. continued
Councilmember Couch requested staff meet with him
to discuss the density and number of units before the
6-7-06 meeting.
Motion by Councilmember Couch to leave the hearing
open and continue the item to the June 1'h Council
meeting.
9. MAYOR AND COUNCIL STATEMENTS
Councilmember Couch requested staff pursue
development standards along 1'h Standard Rd.
consistent with those imposed on Mr. Etchuchurry in
conjunction with the City of Shafter.
Councilmember Couch requested staff take measures
to assure the Park at Riverwalk will be well
maintained. Additionally he appealed to the public to
assist in the effort. City Manager Tandy responded.
Councilmember Hanson concurred with Councilmember
Couch regarding the Park at Riverwalk.
Councilmember Hanson requested an update regarding
URS.
Councilmember Hanson requested information regarding
fencing of canals. City Attorney Gennaro responded.
Councilmember Hanson provided a letter from Yellow
Cab and requested staff respond.
Councilmember Sullivan made comments regarding the
Park at Riverwalk.
Councilmember Sullivan requested information
regarding ways to discourage loitering on private
property and directed staff contact the owners of
Cope/ands Sporting Goods and suggest they post no
trespassing signs.
Council member Sullivan noted improvement regarding
speed enforcement on Ming Avenue.
Councilmember Sullivan requested the sidewalk at the
northwest corner of Ming and Stine be repaired.
- ._,-, -~ ~,..,....._--,--,-_._---~-,._.._~------
ACTION TAKEN
APPROVED
AB BENHAM,
CARSON
Bakersfield, California, May 24, 2006 - Page 20
9.
MAYOR AND COUNCIL STATEMENTS
Councilmember Sullivan made comments regarding the
downtown area streetscape and requested staff
facilitate planting of trees in sidewalk cutouts that are
empty, particularly on F Street.
Councilmember Scrivner requested staff provide
information regarding accounting for fees allowed in
the new fireworks ordinance; in particular increase in
fines for illegal fireworks and if revenues exceed costs
will there be reimbursement, provide the information to
the vendor requesting information and prepare an
informational sheet for all the fireworks vendors.
Vice-Mayor Maggard requested information regarding
prior referrals and if they had been addressed.
Vice-Mayor Maggard requested staff analyze anti-gang
enforcement methods from Los Angeles to determine if
they would work in Bakersfield; additionally consider
expansion of penalties such as the seizure of property.
Vice-Mayor Maggard, on behalf Council member Carson,
announced Council has received a copy of a letter from
Teri Bjorn stating Rockin' Rodeo's lease is being terminated
as of 6-30-06.
Vice-Mayor Maggard requested information regarding the
quality of water at the Park at Riverwalk. City Manager
Tandy and City Attorney Gennaro responded.
Vice-Mayor Maggard requested the quality of all City parks
be maintained.
Vice-Mayor Maggard reported that the San Joaquin Valley
Air Pollution Control District Executive Director has agreed
to assist the City of Bakersfield and Kern County in
obtaining a grant for the transfer station.
Mayor Hall welcomed Boy Scout Troop 187 from the
Church of Jesus Christ of Later Day Saints.
ACTION TAKEN
Bakersfield, California, May 24, 2006 - Page 21
9.
ADJOURNMENT
Mayor Hall adjourned the meeting at 8:12 p.m.
MAYOR of the City of Bakersfield, CA
ATTEST:
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
ACTION TAKEN