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HomeMy WebLinkAbout06/07/06_CC_AGENDA_PACKET 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:-- ¡/~ fK- 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 vtf {/~ IÞ 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. Um) 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